The Alliance for Constitutional Sex Offense Laws (ACSOL) is dedicated to protecting the Constitution by restoring the civil rights of registrants and their families. In order to achieve that objective, ACSOL will educate and litigate as well as support or oppose legislation. The ACSOL website and recordings are provided as a service to registrants, registrants’ families, and others for general information only. The information on the website and in the recordings are not designed to provide legal or other advice or to create an attorney-client relationship. You should not take, or refrain from taking, action based on their content. Prior results and case studies do not guarantee a similar outcome in future representations. ACSOL accepts no responsibility for any loss or damages that may result from accessing or reliance on content on the ACSOL website and recordings and disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to acts or omissions made by registrants, registrants’ families and others on the basis of content on the ACSOL website.
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IL: 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
DOJ 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
The 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
WI: ‘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...
CA: 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
FL: 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...
PA: 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...
Damaging 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...
Briefing 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...
General 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.
NJ: 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
CA: 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...
WI: 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,...
WA: 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...
Australia: 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...
FL: 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...
CT: ‘Child Safety Zones’ Cast Too Wide a Net, Pardoned Sex Offender Says
HARTFORD, Conn. (CN) — Nearly 10 years after he was pardoned for sexually assaulting a 25-year-old woman, a Connecticut man claims in a federal complaint that he is barred from using the library and other public spaces because of an unconstitutional town law. Full Article
How Sex Offender Registries Can Result in Vigilante Murder
Some Canadian conservatives are pushing for more public sex offender registries. But there is a history of deadly violence associated with them. Full Article
CA: Spitzer Applauds Board for Rescinding Vote, Warns Colleagues About Sex Offender Data
[voiceofoc.org] (Orange County, CA) – Supervisor Spitzer applauded his colleagues for joining him in rescinding their votes to place homeless individuals in tents in Orange County cities. Supervisor Spitzer voted against the original plan, which passed 4-1, which he argued could place dangerous individuals—in addition to homeless who need intensive mental and substance abuse treatment—right into the heart of three Orange County cities—Irvine, Laguna...
AL: Juvenile sex offender notification bill passes
[montgomeryadvertiser.com] A bill changing the way schools deal with juvenile sex offenders in the classroom is headed to the governor’s desk. State Sen. Clyde Chambliss, R-Prattville, sponsored the legislation. The Senate on Tuesday afternoon concurred with amendments added in the House version, clearing the way for the bill to get the governor’s signature making it law. Chambliss’ bill expands the pool of people notified...