There’s a stark divide between lawmakers and experts when it comes to laws which restrict where registered sex offenders can live. Cities and states all around the country have enthusiastically banned offenders from living too close to schools — and introduced other, similarly oriented restrictions — on the grounds that such legislation is a common-sense way to help keep kids safe. Experts, on the other hand, have insisted that these laws at the very least don’t reduce recidivism, and could have the opposite of the intended effect, increasing the odds…
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The 6th Circuit Finally Said The Magic Word: Punitive
Of the many legal fictions enjoyed by judges, few have done as much damage to as many people as calling sex offender registries “regulatory.” The trick is that if it’s characterized as regulatory, then it’s not punitive. And if it’s punitive, then it opens a whole slew of constitutional rights that would render the concept unlawful. But if legislators squint and write the “r” word instead of the “p” word, and judges squint and agree, problem solved! Full Editorial
Read MoreMN: 26-year-old is cleared for unconditional release from MSOP
A Minnesota court has ordered the first-ever full and unconditional discharge from Minnesota’s sex offender treatment program, choosing a young man who has spent the past six years in state confinement solely for sexual acts he committed as a child. Full Article
Read MoreNC: Gap in N.C. law allows sex offenders near schools, day cares
On Sept. 1, a registered sex offender will be breaking the law if he continues to work at a car repair shop that sits within 300 feet of the Boys & Girls Club of Cumberland County and a day-care center. A state law takes effect that day prohibiting sex offenders from being near places where children “frequently congregate” – including schools, parks, arcades and day care centers – when minors are present. Full Article
Read MoreMI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]
UPDATED with media links – Today the U.S. Court of Appeals for the 6th Circuit held that recent amendments to Michigan’s Sex Offender Registration Act (SORA) are unconstitutional because they impose retroactive punishment on sex offenders in violation of the Constitution’s prohibition on ex post facto laws. Among other things, the plaintiffs argued that amendments to Michigan’s SORA increased the severity of its requirements after their convictions imposed retroactive punishment. In John Does #1-5 v. Snyder, the Sixth Circuit agreed. Full Article Decision Statement of Facts Oral Argument Related Media Articles Federal…
Read MoreFL: Miami-Dade Sex Offender Homeless Encampment Reaches 250 People
The shame of Miami-Dade has reached a new level. The encampment of homeless sex offenders living alongside the railroad tracks on the street corner in a warehouse district in Miami-Dade county has reached two hundred fifty people. Full Article
Read MoreNY: Concerns Over Rule Banning Sex Offenders From Playing Pokémon Go
The list that most sex offenders must sign in order to be granted parole in New York State includes many stipulations, all written in the first person. There are promises to register with local law enforcement, to complete therapy if it is required and to not pick up hitchhikers or visit schools or playgrounds. Full Article
Read MoreWI: Lawsuit challenges Kenosha’s sex offender residency restrictions
The city of Kenosha’s restrictions on where registered sex offenders can live are so pervasive that, except in high-risk situations, police will not enforce them knowing it would effectively ban offenders from the city, according to a lawsuit filed this week. Full Article
Read MoreTX: Iowa Park city council turns down father’s plea for sex offender exemption
An Iowa Park man was turned down after asking the City Council on Monday night to consider an exemption to the code of ordinances. After recently writing a letter to the city of Iowa Park, James H. Pappas stood in front of the City Council and requested an exemption for his son, ___ ____, who is in his 60s and was convicted of having child pornography in Duluth, Minnesota. However, the City Council denied the exemption based on Texas state law. Councilwoman Sherrie Williams said, “We’d have to void the…
Read MoreCO: Legislature to blame for sentencing quandary (Opinion)
I feel compelled to respond to Chandler McCorkle’s guest opinion (“Judge failed rape victim, society,” Daily Camera, Aug. 14) because it proceeds from woefully erroneous assumptions about the nature of sex offense probation and sentencing. Ms. McCorkle states that the sentence means that sex offender probationary sentences do not carry “true repercussion(s),” and the judge’s sentence was “naïve [and] unthinkably stupid.” With all due respect, she could not be more wrong. Full Opinion Piece Original Opinion Piece
Read MoreIL: Sex Offender Pleads No Contest
52-year-old blind man, ____ ____ of South Roxana, was convicted in 2000 of aggravated criminal sexual abuse. ____ pleaded no contest Thursday to a violation of the state sex offender registration law. The violation comes after a police compliance check on Halloween of 2014. ____ was sitting just inside the front door of his living room as his step-daughter was handing out candy. State law prohibits registered sex offenders from distributing Halloween candy. ____ was sentenced with 12 months of conditional court supervision. Article
Read MoreWI: Sex offender ordinance hasn’t worked as planned, putting public at greater risk
Last summer, ____ ____ got a notice from the Milwaukee Police Department: He had to move out of his north side rental home. ____, a registered sex offender, hadn’t done anything to violate the terms of his sentence, which stemmed from groping a 13-year-old girl he met online when he was 19. In fact, ____ had stayed out of trouble since his conviction in 2002. The notice alerted ____ that a new Milwaukee ordinance had gone into effect, severely restricting where sex offenders can live. ____’ home was too close to…
Read MoreNJ: 40 people arrested in massive child porn crackdown
Forty men hailing from every corner of New Jersey have been charged in a statewide crackdown on the distribution of child pornography, authorities announced today. Full Article
Read MoreKS: Standoff outside convicted sex offender’s KCK home ends after 6 hours
KANSAS CITY, Kan. — Police say from the very beginning after U.S. Marshals descended on ____ ____ home near North 56th Street and Parallel Parkway around 8:30 Tuesday morning, a defiant _____ refused to step outside his small white house on the corner and made threats against officers. Full Article
Read MoreMO: Decades after ‘lie’ puts dad on sex offender registry, he’s pardoned
____ ____, a Clay County father who has long denied that he was a sex offender who molested his own son, received a telephone call Friday that he has wanted for nearly half his life. The call was from the office of Missouri Gov. Jay Nixon. The news: ____ had been pardoned of the crime he said he never committed, and he was told his name would no longer appear on Missouri’s sex offender registry. Full Article
Read MoreCO: Sex offenders sue Englewood claiming city ordinance effectively bans them from city
Three convicted sex offenders have sued the city of Englewood in federal court claiming that its zoning ordinances effectively banish them from living in the city. Full Article Related Sex offenders fearing eviction sue Englewood over residency restrictions
Read MoreWI: Pleasant Prairie under legal fire for sex offender ordinance
A federal judge has been asked to order the village of Pleasant Prairie to notify residents that it is temporarily not enforcing an ordinance that effectively banishes registered sex offenders from living in the village. A preliminary injunction was filed Friday on behalf of 10 registered sex offenders who are challenging the constitutionality of the ordinance. Their attorney, Mark Weinberg, said he filed the injunction request after village officials lacked the “political will” to post notice on the village’s website that the ordinance would not be enforced under the lawsuit…
Read MorePA: Supreme Court ruling will reduce number of sex offenders required to register for life
A ruling issued by a sharply-divided Pennsylvania Supreme Court could greatly alter the registration requirements imposed on some types of convicted sex offenders. The decision by the court’s majority states that offenders who commit some kinds of sex crimes, such as possessing child pornography, cannot be made to register with state police for life unless they commit at least one more sex crime after their initial convictions. In other words, they have to become recidivists to qualify for the lifetime registration. Full Article Decision Dissenting Opinion 1 Dissenting Opinion 2
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