NY: New York to pay Anthony Broadwater $5.5M for wrongful conviction in rape of Alice Sebold

Source: syracuse.com 2/14/23 Syracuse, NY – New York State has agreed to pay $5.5 million to Syracuse resident Anthony Broadwater for his wrongful conviction in the 1981 rape of Alice Sebold, who later turned her account of the attack into the best-selling memoir “Lucky.” Broadwater, now 62, spent 16 ½ years in state prison and more than two decades longer on the sex offender registry for a conviction based on a botched police lineup as well as since-debunked science. He was a young Black man who returned to Syracuse from…

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WY: Committee Kills Bill Making It Harder For Sex Offenders To Get Off Wyoming Registry

Source: cowboystatedaily.com 2/13/2023 A proposed Wyoming law geared toward making fewer sex offenders able to get their names off the sex offender registry died in the Senate Judiciary Committee on Monday after lawmakers said the bill’s language confused, rather than clarified, the issue. Committee Chairman Sen. Bill Landen, R-Casper, said he wants to resurrect a better version of the bill in time for next year’s legislative session. Bill sponsor Rep. Christopher Knapp, R-Gillette, said he intended for House Bill 90 to broaden the category of sex offenders in Wyoming who…

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MT: Montana House Advances Obscenity Bill That Would Subject School Employees to Criminal Liability

Source: msn.com 2/12/23 The Montana House advanced a bill Wednesday that seeks to open up public school employees to prosecution if they show or provide children with materials deemed to be obscene. House Bill 234, sponsored by Lindsay Republican Bob Phalen, passed its second reading in a 55-45 vote, with 13 Republicans voting against it along with all Democrats. It is scheduled for its final House reading Thursday. Phalen, as he did in committee, told the chamber that he believes obscene material, like pornography, should be banned in schools just…

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WA: ‘End SVP releases into our communities’: Residents push for new legislation regarding sex-offender housing

Source: q13fox.com 2/11/23 OLYMPIA, WASH. – Residents say they are being blindsided by the locations and sudden pop-up of facilities that will house the highest level of sex offenders. Now state lawmakers are pushing new bills to clear up the situation. Residents in Tenino have been pushing against a Less Restrictive Alternative (LRA) facility since Jan.11. On Friday, several gathered outside a facility in Olympia lining the street with signs saying “Keep Tenino Safe”, “Our community is not your guinea pig” and “Community over profit”. The facility off Martin Way…

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FL: Lifetime Registration for Florida Sex Offenders Isn’t ‘Custody’

Source: The United States Court of Appeals For the Eleventh Circuit 2/9/23 The question before us in this appeal—one of first impression—is whether Florida’s registration and reporting requirements for sex offenders render those offenders “in custody” within the meaning of § 2254(a). Though the question is difficult given Supreme Court and Eleventh Circuit precedent, our answer is no. … The Florida sex offender registration statute, in contrast, did not impose a “sentence” and did not constitute “punishment.” Download a PDF of the decision: Eleventh-Circuit-Ruling-No.-21-12540-D.C.-Docket-No.-217-cv-00396-JLB-NPM.pdf

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Emily Horowitz Debate Podcast: Does the Sex Offender Registry Do More Harm Than Good?

Source: intelligencesquaredus.org 2/3/2023 [Note by Janice: Emily Horowitz recently did a fantastic job debating “Does the Sex Offender Registry Do More Harm Than Good?”  During the debate, Emily successfully debunked many of the myths related to registrants including the “frightening and high” rate of re-offense.  It’s important to listen to this debate in order to better understand the position of those who oppose us.  Hope you will do so soon.  Well done, Emily!] Summary: Sexual violence is arguably the most devastating kind. And over the past few decades, the legal…

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WI: Mauston facing legal uncertainty over living facility for sex offenders: ‘They’re still going to need a place to live.’

Source: wiscnews.com 2/9/23 Tammy Most and her husband have three children, their youngest being an 8-year-old daughter. They moved into their house near the heart of Mauston’s historic downtown area in 2012, but they didn’t know that their new home would come with a constant state of unease. … Directly across from Most’s residence sits 108 Wisconsin Street. It’s a modest two-story duplex, and it’s served as a rental property since 1997. The City of Mauston is contemplating legal action that would evict its tenants — at least three sex…

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IL: Illinois gets penalized yearly for not meeting federal Sex Offender Registry standards, but keeps getting money back

Source: cbsnews.com 2/7/23 CHICAGO (CBS) — Illinois loses grant money every year as a penalty for failing to meet federal standards with our Sex Offender Registry. CBS 2’s Tara Molina found Illinois manages to get that money back – more than $2.5 million worth. But the state still is not in good standing. This has been going on for more than 10 years. Illinois loses grant money every single year since the state isn’t in compliance with the federal Sex Offender Registry and Notification Act, or SORNA. But we found…

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AR: ‘Public safety bill’ to give more disclosure for high-level sex offenders on registry

Source: kark.com 2/7/23 LITTLE ROCK, Ark. — Lawmakers in Arkansas say public safety is one of the top priorities this legislative session. As of Monday, more and more legislators are signing off on a bill that would provide full disclosure on the sex offender registry in Arkansas when it comes to where exactly the highest-level sex offenders live. HB1004 would amend the Sex Offender Registry Act to include the exact house, apartment, or unit number of level three and four sex offenders. The current law only requires the street name…

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NY: Unhoused NY sex offenders can’t be convicted for having no address

Source: courthousenews.com 2/3/23 MANHATTAN — A New York appeals court overturned an unhoused man’s conviction for failing to verify his address every 90 days as requested by the state’s Sex Offender Registration Act. The law is unconstitutional when applied to homeless defendants who lack an address, as it deprives them of due process. Read the full article and the text of the ruling  

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SC: Inmate killed at Richland jail by other inmates, sheriff says many cells don’t lock

Source: msn.com 2/3/23 Richland County Sheriff Leon Lott says five inmates are responsible for attacking and killing another inmate inside the county jail last week. Lott held a news conference Friday where he gave new details in the death of 29-year-old Antonious Randolph. Randolph was found unresponsive inside a cell at the jail on January  27, six days after his arrested on sexual assault and kidnapping charges.  Lott said five inmates–including two who were there on charges of murder–schemed and plotted an attack on Randolph with the intent to kill…

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ACSOL Board Member Publishes Updated Version of Important Book

ACSOL board member Alex Landon, who has been a criminal defense attorney for more than 40 years and is also a part-time law professor, has just published an updated version of an important book, “A Parallel Universe.”  The updated version of the book includes six new chapters including a robust discussion of the Tiered Registry Law. “Once again, Alex Landon and his co-author Elaine Halleck have captured a vivid picture of how and why registries came about as well as how registries continue to punish both registrants and their families,”…

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CA: Armie Hammer breaks silence on sexual abuse allegations: ‘I used people’

Source: theguardian.com 2/4/23  Armie Hammer gave his first interview since the beginning of 2021, when multiple sexual misconduct and abuse allegations were made against the actor, saying all the encounters involved were consensual while acknowledging he was emotionally abusive in his relationships. “I had a very intense and extreme lifestyle,” Hammer told Air Mail, a digital newsletter. “I would scoop up these women, bring them into it – into this whirlwind of travel and sex and drugs and big emotions flying around – and then as soon as I was…

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VT: At what point redemption?

Source: manchesterjournal.com 2/3/23 BENNINGTON — There’s a case making its way through the halls of the Bennington Superior Courthouse that touches on all the things that our criminal justice system is designed to accomplish. The case hinges on what happens to people convicted of crimes who serve their time and stay out of trouble. It begs certain questions: When has someone paid enough for a crime committed long ago? What if years pass and that 17-year-old kid becomes a husband and father of young children, a productive member of society,…

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MN: Court ruling could speed up release process for state’s sex offender program

Source: cbsnews.com 2/1/23 MINNEAPOLIS — The Minnesota Supreme Court ruled Wednesday that civilly committed people must be transferred to a community program within a reasonable amount of time after the request is made. According to court documents, the Minnesota Commitment Appeals Panel ordered two patients in the Minnesota Sex Offender Program (MSOP) to be transferred to Community Preparation Services (CPS). The two patients in the case claim the Commissioner of the Department of Human Services and the Executive Director of the MSOP violated their due process rights by delaying transfer…

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Janice’s Journal: Judge Rejects DA’s “Because We Can” Argument

Just a few months ago, I wrote a column about a deputy District Attorney (DA) who stated that he was objecting to a registrant’s petition “because we can.”  At the time of writing that column, I stated that I was shaken to my core due to this flippant response which was not based in law, but instead was based in hubris.  Today that deputy DA and hopefully his boss learned an important lesson.  That is, DA’s who object to a petition “because they can” will lose in court.  The hearing…

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ACSOL Survey: Was your California Governor’s pardon application or tiered registry petition denied after you paid an attorney to file it?

ASCOL wants to hear from registrants in California who have paid or considered paying attorneys for: Application for a gubernatorial (Governor’s) pardon; Petition for termination from the sex offender registry when you are assigned to Tier 3 or otherwise ineligible for removal; or Evaluating your eligibility for a pardon application or tiered registry petition when you are assigned to Tier 3 or otherwise ineligible for removal.  It appears that California attorneys sometimes advertise and/or charge large amounts for these services when there is little or no chance for success.  ACSOL…

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