PA: Superior Court removes Allegheny County judge from sex offender’s resentencing

The state Su­pe­rior Court, in a rare move Wed­nes­day, or­dered Al­le­gheny County Com­mon Pleas Judge Donna Jo McDaniel to be re­moved from a case, find­ing that there was “sub­stan­tial ev­i­dence” that she “demon­strated bias and per­sonal an­i­mus” against both the de­fen­dant and the pub­lic de­fender’s of­fice rep­re­sent­ing him. Full Article Follow-Up: Allegheny County judge ordered removed by Superior Court from sex offender case recuses

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CA: Changing Minds: Master student’s thesis challenges views on sex offender laws

A California law that will go into effect in 2021 is set to bring about the most sweeping changes ever to sex offender laws in the state. SB384 will allow most sex offenders to petition to be removed from the public registries in 10 to 20 years after they are released from prison, as long as they have not committed another serious or violent felony. Full Article PUBLIC ATTITUDE TOWARDS CALIFORNIA’S NEW LAW TO END LIFETIME SEX OFFENDER REGISTRATION – Masters Thesis

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UT: Most sex offenders will be released from prison – What Utah corrections is doing to keep you safe

The sex offender population at the Utah State Prison continues to grow at a staggering pace. In 1996, there were 248 sex offenders incarcerated by the Utah Department of Corrections. Today, there are 10 times that number, in the neighborhood of 2,500 at both the Point of the Mountain and the prison in Gunnison, making it by far the fastest-growing population at the prison. … A Pew study in 2014 found that 31 percent of all inmates in Utah were serving time for a sex offense — a 42 percent…

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OK: Some law enforcement worry new, stricter law will discourage sex offenders from registering

A new law that further tightens restrictions on where sex offenders can live has some law enforcement agencies concerned it will discourage people from registering as offenders. The law, which went into effect on Nov. 1, added home daycares to the list of locations sex offenders cannot live near. Prior to that, state law already prohibited offenders from living near child-friendly areas, ordering them to live 2,000 feet from public and private schools, churches, playgrounds, parks or daycare centers. The law did not apply to home daycares, of which Oklahoma…

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CO: Judge Matsch On SORA: Cut The Crap, It’s Unconstitutional [UPDATED]

UPDATE: Oral Argument – Thursday, November 15, 2018 – Courtroom III https://www.ca10.uscourts.gov/clerk/oral-argument-recordings 9/2/2017: In Millard v. Rankin, an as-applied challenge, Colorado Senior District Judge Richard Matsch rejected the pretty ribbons the legislature wrapped around the Sex Offender Registry Act. Applying the “intents-effects” test to the law, the court held that it was unconstitutional under the Eighth Amendment. Full Article

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Are Sex Offenders Categorically Unworthy Of Rights?

It’s bad enough, both for substantive as well as factual reasons, that the Supreme Court in Smith v. Doe held that sex offender registration was not punitive, but civil, and therefore beyond the reach of the Ex Post Facto Clause. Not only was it grounded in utterly baseless statistics of recidivism, but it indulged in the fantasy that rhetoric was an adequate substitute for inquiry before destroying the future of an entire class of people. Full Article

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OPINION: Responses to Sexual Violence, Part One

Sexual violence is a general term that includes any sexual activity inflicted or forced upon a person without his/her consent. In all cases, the victim would not rationally or willingly choose to participate in the activity or the person is unable to give valid consent due to physical, mental or age constraints. Sexual violence encompasses crimes such as child sexual abuse, sexual assault from intimate partners, or friends, dates, or from strangers; incest, sexual harassment, stalking, elder abuse, and rape among some of its categories. A key factor in determining…

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The ‘Frightening and High’ Factoid About Sex Offender Recidivism Still Stalks Courts Across the Land, Completely Untethered From Actual Numbers

Arizona Supreme Court overturned a state ban on bail for people accused of sexual assault “when the proof is evident or the presumption great,” concluding that the categorical exclusion violated the constitutional right to due process. Critics of that decision are urgingthe U.S. Supreme Court to take up the case, Arizona v. Goodman, and their arguments highlight the continuing influence of misconceptions about the “frightening and high risk of recidivism” among sex offenders. Full Article

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