Today on Twitter the SMART Office (@DOJSMART) tweeted that Oklahoma just became Federal Adam Walsh (AWA) / Sex Offender Registration and Notification (SORNA) Act of 2006 compliant. Full Article
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RI: Law would bar high-risk sex offenders from living in motels
A Rhode Island lawmaker is co-sponsoring a bill that would limit how long level III sex offenders can live in hotels and motels. Full Article
Read MoreDE: ACLU loses appeal in challenging sex offender GPS monitoring
Delaware’s Supreme Court has rejected a challenge from the American Civil Liberties Union to a law requiring GPS monitoring of certain sex offenders who have been released from prison and are on probation. After hearing arguments Wednesday, the court issued a two-sentence order Friday upholding a Chancery Court decision in favor of the state. Full Article Related Search de: DE: Supreme Court weighs sex offender GPS monitoring
Read MoreDE: Supreme Court weighs sex offender GPS monitoring
An attorney for the American Civil Liberties Union of Delaware is arguing to the state Supreme Court that it is unconstitutional for some sex offenders to automatically be required to wear and pay for GPS monitoring while on probation. Full Article
Read MoreWY: Sex offender registration fees increase with proposed legislation
Sex offenders in Wyoming may face increased registration fees this July in preparation for the 2019 expiration of the grant supporting Wyoming’s sex offender registration program. At the request of the Wyoming Attorney General’s office, legislators appointed to the Judiciary Committee from both the House and Senate worked together over the interim to propose a bill to create the sex offender registration account, which would house increased registration and reporting fees. The House Judiciary Committee passed the bill with no opposition and the Appropriations Committee passed it with a 5-2…
Read MoreMN: Fate of MSOP Now Rests With the Supreme Court
In June, 2015, the US District Court for Minnesota determined that the 700+ clients at the Minnesota Sex Offender Program were being unconstitutionally confined. In January, 2017, the US Court of Appeals for the Eighth Circuit said they’re not. What explains the conflicting opinions? A three-judge Appeals Panel said District Court Judge Donovan Frank did not apply the proper standard: to be unconstitutional, civil rights violations for SVPs must “shock the conscience.” What’s wrong with the “shocks the conscience” standard? If, until the Supreme Court intervened in 2008, executing sex…
Read MoreNY: Danger to society: Shouldering the cost of housing sex offenders
Sex offenders virtually “disappear” in civil confinement, undergoing long rituals of behavioral and psychological therapy, from pinpointing and managing sexual arousal factors to polygraph tests uncovering dark sexual histories. If successful, they can be released into the community under intensive supervision. If unsuccessful and still deemed a public risk, they can remain in confinement — indefinitely. And while some in the public see this as a plus, concerns are already being raised by state officials about the sustainability and cost of a program that continues to grow in numbers with few success…
Read MoreNE: STATEMENT OF OPPOSITION TO NE LB 300
Below is a statement of opposition to a Nebraska bill that eliminates all statutes of limitations on civil lawsuits against people accused of sex crimes. You may find it useful against similar statutes in other states. Full Statement
Read MoreFL: Putnam County hires ‘Sex Offender Compliance’ specialist
Putnam County announced on Friday that they had reorganized resources and created a position known as a “Sex Offender Compliance Specialist.” The Florida Sex Offender Registry said that there are currently 305 sex offenders in Putnam County. The county says the specialist “will work in conjunction with the current offender compliance program as a means of providing critical intelligence for investigators by assessing risk-related changes in offender’s behavior.” “We refuse to allow Putnam County to become a safe haven for sexual offenders and predators,” said Gator Deloach, who was elected…
Read MoreThe Transformative Potential of Doe v. Snyder
In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law. Full Article…
Read MoreSCOTUS: Removal of an immigrant for “sexual abuse of a minor”
The facts of the case sound like an episode of “Law and Order SVU.” In 2000, Juan Esquivel-Quintana’s parents lawfully brought him to the United States and settled in Sacramento, California. When he was 20 years old, Esquivel-Quintana had consensual sex with his 16-year-old girlfriend. He later pleaded no contest to violating California Penal Code § 261.5(c), which criminalizes sex with a person “under the age of 18 years” when the age difference between the parties is more than three years. Esquivel-Quintana was sentenced to 90 days in jail and…
Read MoreThe Man Arrested for Praising Jesus
Lester Packingham’s Facebook post is headed for the Supreme Court… Lester Gerard Packingham was having a really good day back on April 27, 2010. The North Carolina man had just learned that a traffic ticket against him had been dismissed, so he logged onto his Facebook account and gleefully told the world: “Man God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent… Praise be to GOD, WOW! Thanks Jesus.” Full Article Packingham v.…
Read MoreOR: Lawmakers debate proposal to add sex traffickers to public registry
Should more sex offenders be listed on Oregon’s public sex offender registry? State lawmakers discussed the topic on Thursday as they considered a bill to add convicted sex traffickers to the state’s public website. Full Article
Read MoreCongressman Sensenbrenner Reintroduces Bill to Stop the Sexual Exploitation of Children
Today, Congressman Jim Sensenbrenner reintroduced the Adam Walsh Reauthorization Act, which would allow the protections of the Adam Walsh Protection and Safety Act to continue saving the lives of children throughout the nation. Full Article
Read MoreMO: Swan files bill to bar sex offenders from children’s museums, zoos
An incident in which a sex offender visited Cape Girardeau’s Discovery Playhouse children’s museum prompted state Rep. Kathy Swan to file legislation to bar sex offenders from that museum and others. Registered sex offenders would be prohibited from being within 500 feet of any museum, zoo or “other location with the primary purpose of entertaining or educating children” younger than 18 years of age under legislation introduced by Swan. Full Article Related Bill Text MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]
Read MoreWV: West Virginia rejects juvenile sex offender registration
West Virginia’s highest court has ruled that juveniles judged delinquents for sex offenses don’t have to register as sex offenders when they turn 18. The registration requirement applies to any person convicted of sex offenses. The court says under West Virginia law those delinquency adjudications are not convictions. Full Article Opinion
Read MoreVA: Teen Girl Sent Teen Boy 5 Inappropriate Pictures. He Faced Lifetime Registry as a ‘Violent Sex Offender’ or 350 Years in Jail.
Zachary, now 19, is in jail awaiting sentencing for five pictures his teenage girlfriend sent him of herself in her underwear. He faced a choice between a possible (though unlikely) maximum sentence of 350 years in prison, or lifetime on the sex offender registry as a “sexually violent offender”—even though he never met the girl in person. Here’s what happened. Full Article
Read MoreIL: Court Strikes Sex Offender Park Ban
An Illinois appeals court ruled that a state law making it a crime for convicted sex offenders to set foot in public parks is unconstitutional because it can punish innocent conduct. Full Article Opinion
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