NY: 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…

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FL: 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…

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The 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…

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SCOTUS: 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…

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The 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.…

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MO: 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]  

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WV: 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

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VA: 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

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PA: 2016 Crime Review – A look at the effectiveness of sex offender registries

It may run counter to conventional wisdom, but it is exceedingly rare for a person registered as a sex offender to be charged with a new sexual offense in Cumberland County. Of the 75 charged sex crime cases in Cumberland County in 2016, only two were committed by a person listed on the sex offender registry, according to an analysis of court records conducted by The Sentinel. Full Article

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AZ: Supreme Court – Bail denial for child sex offenses is unconstitutional

PHOENIX — State laws that deny bail to people solely because they’re accused of having sex with a minor are unconstitutional, the Arizona Supreme Court ruled today. The justices acknowledged arguments by prosecutors that trial judges have the right to keep certain people behind bars while awaiting trial as a method of protecting the public. And they said that the crime of sexual conduct with a minor is a series charge. But Justice Clint Bolick, writing for the unanimous court, said the seriousness of the charge, by itself, is insufficient…

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