PA: Megan’s Law mandate unfairly punishes offenders, court rules

[Updated with Decision] Some of Pennsylvania’s latest sex offender registration requirements run afoul of a constitutional ban on laws that create new penalties for people who have already paid for their crimes, the Commonwealth Court has ruled.

The panel of seven Commonwealth Court judges also found, however, that requiring sex offenders to reveal their email addresses and other online aliases is not a violation of the First Amendment right to anonymous speech. Full Article

Decision: http://www.pacourts.us/assets/opinions/Commonwealth/out/214MD13_10-14-14.pdf

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

15 Comments
Inline Feedbacks
View all comments

Disappointing.

In an opinion for the unanimous panel, Judge Renee Cohn Jubelirer rejected Coppolino’s claims with regard to a majority of the new registration requirements, including mandates to appear in person to register four times a year and to provide extensive personal information, palm prints and DNA samples, plus advance notice of international travel.

Jubelirer wrote that each of those requirements is related to public safety and not intended as a punishment.

The headline is insidiously lacking in details. In fact, MOST of the challengers to the registry were REJECTED, including many of the more restrictive aspects such as mandates to appear in person to register four times a year and to provide extensive personal information, palm prints and DNA samples, plus advance notice of international travel.

Indeed, with countries routinely rejecting RSO’s, advance notice of international travel is NOT a “community safety (hence regulatory) function of the registry), but an outright ban on travel which restricts movement. In addition, email addresses and user ID’s for Internet were ruled regulatory.

The only thing that was ruled as “unfairly punishing” was the requirement to immediately register their cars and tempoary residences (including motels and weekend trips to grandma’s house), which in many cases would be impossible. But the vast majority of his challenge was denied.

Bad court decision, and this leads me to believe the attorney was very ineffectual. It seems that we need to require any lawyer who plans to defend a sex offender (or challange as a plaintiff) to work with Janice Bellucci for a month.

What a convoluted, train wreck the registry is. Built upon the foundation of the “public safety” lie, they continue to circle the wagon and defend it with reckless vigor citing we have to “err on the side of safety.” Pathetic and predictable.

I am a PA registrant…I find it so hard to believe that in person registration was not considered a punishment. When I register I am at the barracks for at least an hour. If you are job hunting and filling out online applications you’re forced to create logins for each company. If you apply for one job a day for 3 weeks you could be there everyday for an hour just to update Internet identifiers. You would spend less cumulative time in the station for a DUI or disorderly conduct. I spend less effort looking for a job than than I want to simply because I don’t have the free time available to spend hanging out at the state police barracks.

I mentioned this in a different area , General Comments, but it belongs here.

The Pennsylvania court found reporting internet e-mail/idenitifers as not stopping free speech since the information is not made public ( yet ). Even if the information is not made ‘public’, and not addressing Facebook having their own police force who could theoretically get the information on registrants internet identifiers, the very police force that received the registrant internet identifiers would likely be the subject of the speech by the registrant. Of course, this would stop the free speech of the registrant. Or even if the registrant was not speaking on sex offender topics, what if the registrant was discussing police abuse like that allegedly happened in Ferguson, Missouri or discussing police abuse in general or if the registrant was doing any kind of whistleblowing? The registrant would stop their internet speech altogether.

After speaking briefly with a PA lawyer that has taken a special interest in the application of SORNA in PA, it sounds like it’s not all bad news:

“…you are correct that the Commonwealth Court in Coppolino found that Section 9799.15(e)(3), which requires registrants to appear quarterly, rather than annually is not punitive, and therefore can be applied retroactively.

They did find to be punitive, however, the requirement of Section 9799.15(g) that a registrant must update changes in his registration information, including temporary lodging, cell phone number, and information relating to motor vehicles owned or operated, ***in person*** at a registration site within three business days.

The component of the Section that “tipped the scale” was the “in person” requirement. The Court ordered the Commissioner of the Pennsylvania State Police to not require Coppolino to “appear in person at an approved registration site”. It is my understanding that until lawmakers amend the language of this section, relief could only be sought by calling the PSP and referring to this case, or by filing a motion in court based upon this case. Remember, this decision applies ONLY to those who were retroactively subjected to this Section of Megan’s Law IV.”

‘Is there anything more ridiculous’

en.wikipedia.ord/wiki/Mark_Foley

If you have any doubt still about the motives/mindset of those who create these cruel and unusual laws, look no furthur than the author of SORNA. Mark Foley was not convicted of any sex crime, which seems typical of anyone who furthurs these cruel and unusual laws such as Chief SORNA propagandist man-girl lover John Walsh, or Lunsfords son, where there was substantial evidence of their own sex crime guilt. John Walsh amnitted it. Deflecting their guilt by making themselves the creators of harsh laws, which they should be subject to. Find the section in wikipedia that states Mark Foley authored SORNA. It’s not clear if Mark Foley authored parts of it or all of it, in his wikipedia entry. Does anyone know if he authored all of it?