An anonymous resident and an advocacy group that represents accused and convicted sex offenders have filed a federal lawsuit seeking to strike down the town’s 10-year-old policy barring people on Connecticut’s sex offender registry from a number of public places. Full Article
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FL: As Deadline Approaches for Homeless Ex-Offenders, County Threatens to Jail Them
A few miles from Miami International Airport, outside of Hialeah, sits a tent camp of about 280 homeless people. There’s no electricity or running water and no bathrooms. News reports describe the stench of human waste and garbage, tents that flood when it rains, and flies, mosquitoes, and rats infesting the area. “Animals live better than this,” one resident told a reporter. He and the others there are on the state sex offender registry. Miami-Dade County laws make it almost impossible for them to find places to live and bar…
Read MoreIL: Public Parks Ban is Constitutional (Supreme Court Reversal)
The Illinois Supreme Court reversed an appeals court ruling and found that the state’s ban on sex offenders entering public parks is constitutional. Other Media Quick Take on Illinois Supreme Court Opinion Issued Thursday, April 5 Supreme Court of Illinois rejects claim that state prohibition on sex offenders in parks is violative of substantive due process
Read MoreDOJ SMART: Case Law Updates
Through the course of the year, the SMART Office follows state and federal case law about sex offender registration and notification, tracking the latest opinions, trends and arguments. We aim to publish a summary for informational purposes annually. Archived issues are available below. Case Law Updates
Read MoreThe Boy On The Bus: When Sex Offender Registries Aren’t Enough
My husband carries a photo of me in his wallet tucked behind credit cards, his driver’s license and carefully folded bills. I ask him to give it to me as we stand in the reception area of the jail in Tama County, Iowa, in December 2015. He looks ready to ask: Why? Then, he silently pulls it from his wallet. Full Essay
Read MoreWI: ‘I paid my debt:’ Sex offender allowed to visit sick son at CHW; but fight for visitation isn’t over
[fox6now.com] MILWAUKEE — A registered sex offender will be allowed to see his son at Children’s Hospital of Wisconsin in Milwaukee, but the fight for visitation isn’t over yet. Suffering in pain and severely ill, Kahlil Yates, 9, wants nothing more than to be comforted. “He can’t understand why I can’t be there all the time,” said Stuart Yates. Stuart Yates, 49, was forced to leave his sick son’s bedside on March 6 after he was kicked out of Children’s Hospital — told he had to leave because he was…
Read MoreCA: Divided State Supreme Court Upholds DNA Swabs for Felony Arrests
California can continue collecting DNA samples from suspects arrested on, but not necessarily convicted of, felony charges, a divided state Supreme Court held Monday. Full Article
Read MoreFL: Florida registry gets a new look
[floridaactioncommittee.org] The FDLE sex offender database has gotten a new look. The homepage of its sex offender search has a nautical feel, with a lighthouse logo and a ship-wheel icon. Aside from the design change, the ability to search by status (absconded, deceased, deported, etc.) appears to be gone from the new search query, though the results still appear. Another notable change is that vehicle and vessel information is no longer on a separate page, but appears below the registrant listing. The vehicle information, which is supplied by the DMV…
Read MorePA: Philadephia’s New DA Wants Prosecutors To Talk Cost Of Incarceration While In Court
[npr.org] Every day, judges around the country are deciding the fate of criminal defendants by trying to strike the right balance between public safety and fairness. In Philadelphia, the new progressive district attorney has launched an experiment. He’s asking his prosecutors to raise another factor with judges: the cost of incarceration. The move has ignited a debate about whether the pricetag of punishment belongs in courtrooms. Do a little math: “Fiscal responsibility is a justice issue, and it is an urgent justice issue,” Larry Krasner said at a press conference…
Read MoreDamaging Justice to Make a Point About Rape
There’s currently a campaign to recall a Superior Court judge in my county. Judge Aaron Persky presided over the 2016 trial of Stanford student Brock Turner, who was ultimately convicted of digitally penetrating an unconscious woman on campus. With Turner a young first-timer with no previous police record, the Probation Department recommended a sentence of six months in jail and three years’ probation, focused on rehabilitation. As is typical, the judge followed this recommendation. California law also requires that Turner register as a sex offender for the rest of his…
Read MoreBriefing the Supreme Court: Promoting Science or Myth?
The Supreme Court recently decided, in Packingham v. North Carolina, whether North Carolina’s ban on the use of social networking websites by registered sex offenders is constitutional. The principal legal issue in the case was whether the ban violates the First Amendment’s right to freedom of speech. The Supreme Court found the law unconstitutional for that reason. Yet another issue arose in the briefing and oral arguments before the Supreme Court. The litigants and certain amici curiae engaged in some debate about whether such a restriction is necessary in the…
Read MoreGeneral Comments April 2018
Comments that are not specific to a certain post should go here, for the month of April 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Read MoreNJ: How N.J. determines which sex offenders are dangerous, explained
Keeping track of New Jersey’s registered sex offenders falls to Megan’s Law units in all 21 counties. That includes classifying offenders based on the potential danger they pose to the public. When offenders registered in other states move to New Jersey, they undergo a fresh classification process based on Garden State guidelines. Full Article
Read MoreCA: May 9 Hearing Scheduled for Bill That Would Disenfranchise SVP’s
The Assembly Elections and Redistricting Committee is scheduled to hear AB 2839 which, if passed, would disenfranchise hundreds of men who are otherwise eligible to vote and have been designated sexually violent predators at Coalinga State Hospital. The hearing will take place on May 9 at 9 a.m. in Room 444 of the State Capitol. “ACSOL encourages its members to attend this hearing in order to protect the voting rights of almost one thousand registrants,” stated ACSOL Executive Director Janice Bellucci. AB 2839 was introduced by Assembly member Dr. Joaquin…
Read MoreWI: Wisconsin Act 174: Underage Sexual Activity better than Sexual Assault of Child but still a crime
[narsol.org] By The Registry Trap . . . Yesterday, Governor Scott Walker signed 2017 Assembly Bill 414 (now 2017 Wisconsin Act 174), creating the brand new crime of Underage Sexual Activity. In a saner world, a statute specifically criminalizing consensual sex between teenagers wouldn’t be good news, but that’s not the world we live in. As you already know if you’ve read Robert’s story, his conviction for that very same act carries a much uglier name: 2nd Degree Sexual Assault of a Child. It’s also a registry offense. In addition,…
Read MoreWA: New legislation makes our community safer [stop unconditional SVP release]
[tacomaweekly.com] Flanked by Pierce County Prosecutor Mark Lindquist, State Representative Dick Muri, and others, Governor Jay Inslee signed House Bill 2271 into law on March 27. The new law will help prevent the release of sexually violent predators (SVP) into our community. The bill was prompted by a recent Washington State Supreme Court case, in regards to the detention of John Marcum, which potentially entitled SVPs to a new unconditional release trial each time an annual review found a less restrictive placement or conditional release was appropriate even if the…
Read MoreAustralia: Overhaul of suppression order laws could see sex offenders identified
[theage.com.au] The identity of some of the most dangerous sex offenders could be revealed under reforms to the state’s suppression order laws being considered by the Victorian government. An independent review of Victoria’s Open Courts Act has recommended that courts should be restricted from making suppression orders concealing the identity or whereabouts of sex offenders living in the community under supervision. Safety of the individuals would still need to be considered, it said. The Victorian government has given its support “in full or in principle” to 17 of the 18…
Read MoreFL: Jackson County Proposes 2500 feet Sex Offender Residency Restriction
[floridaactioncommittee.org] Jackson County, Florida is considering enacting a Sex Offender Residency Restriction (SORR). According to this article, the county currently has a 1000 foot ordinance, which they are looking to increase to 2500 feet. “Our whole goal is not to punish anyone, it’s just to make our community safer,” Jackson County Sheriff’s Office Sergeant Quinton Hollis said. In fact, studies have shown that residency restrictions DO NOT make the communities safer and may even increase recidivism by destabilizing former offenders. SORRs were just declared to be punitive in the City…
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