The Sixth Circuit’s recent decision in Does v. Snyder, __ F.3d __, 2016 WL 4473231 (6th Cir. 2016), has significant implications for the representation of current registrants who are charged with violating Michigan’s Sex Offender Registration Act (SORA), current registrants seeking removal from the sex offender registry or exemptions from certain SORA provisions, defendants currently charged with sex offenses, and defendants in “recapture” cases. While every case is obviously unique, this memo seeks to provide some general guidance to Michigan’s criminal defense bar in the wake of the Does decision.…
Read MoreTag: Ex Post Facto
ID: 104 sex offenders sue Idaho over its registry laws
A lawsuit challenging Idaho’s laws governing registration and community notification of sex offenders seeks a permanent injunction to stop the state and counties from enforcing portions of the law. The lawsuit, filed Thursday in Boise federal court on behalf of 104 unnamed sexual offenders, identified as Does 1-104, argues that Idaho’s sex offender registry laws violate the U.S. and Idaho constitutions. Full Article Lawsuit
Read MoreMI: Michigan asks federal court to revise opinion on sex offender registry rules
The state of Michigan wants a federal appeals court to take a second look at an opinion on the state’s sex offender registry. The U.S. Court of Appeals issued an opinion Aug. 25 saying Michigan’s sex offender registry rules cannot be applied retroactively to thousands of sex offenders. The state Attorney General and Solicitor General offices filed a Sept. 8 request with the federal appeals court for a second opinion. Full Article
Read MoreMI: Sex offender laws and the 6th Circuit’s Ex Post Facto Clause ruling
The Volokh Conspiracy: I wanted to add a few words to co-blogger Jonathan Adler’s posting about the recent 6th Circuit decision in Doe v. Snyder, in which the court voided application of the Michigan Sex Offender Registration Act (SORA) on the grounds that it imposes retroactive punishment on previously convicted sex offenders in violation of the constitutional prohibition against Ex Post Facto laws. Full Editorial Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]
Read MoreAZ: Court rejects Cochise County man’s challenge of sex-offender registry
WASHINGTON – A federal court Friday upheld a Cochise County man’s conviction for failing to register as a sex offender, even though the state’s the sex-offender registry law was passed the year after his sexual misconduct conviction. A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected David Bernard Clark’s argument that applying a law that passed after his crime was an improper ex post facto application. Full Article Decision Oral Argument Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED] The 6th…
Read MoreJudges Are Starting to Question Overzealous Sex-Offender Laws
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…
Read MoreThe 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 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 MoreNY: Low-level sex offender monitoring by state coming to an end
A bill to extend supervision of low-level sex offenders for another decade failed to gain approval in the Legislature in 2016. Full Article
Read MoreCanada: Supreme Court says judges can ban convicted sexual predators from Internet
OTTAWA — The Supreme Court took steps Thursday to bring the law up to speed to protect children in the rapidly evolving realm of cyberspace in a ruling allowing judges to ban convicted sexual predators from using the Internet. The case turned on one narrow legal issue — whether a new law can be retroactively applied to case that predated it. As a matter of legal principle, the high court rarely allows laws to be applied retroactively, especially when it comes to changes in criminal law on how punishment is…
Read MoreNV: Amended lawsuit challenges Nevada law governing registration of sex offenders (UPDATED)
CARSON CITY — An amended lawsuit has been filed challenging a 2007 Nevada law governing registration and community notification of sex offenders and seeking to block its implementation next month. The lawsuit filed late Tuesday in Clark County District Court on behalf of unnamed plaintiffs identified as Does 1-17, argues Assembly Bill 579 is vague and overbroad in its application, and that the state is applying the law unequally and has no procedures for people to challenge their inclusion on the registry. Full Article Update 6/28 LAST-MINUTE HEARING CALLED TO…
Read MoreNV: Nevada to add hundreds to sex offender registry
CARSON CITY — Hundreds of sex offenders previously categorized as low risk in Nevada will now be subject to public disclosure and new reporting requirements when a decade-old law finally takes effect July 1. The Department of Public Safety on Friday announced it will implement Assembly Bill 579, a law passed by the Legislature in 2007 to comply with the federal Adam Walsh Child Protection and Safety Act but put on hold during years of litigation. Full Article Related NV: awyer for 24 sex offenders says Nevada registration law is…
Read MoreOH: Sex-Offender Registration Termination Not Available for Pre-2008 Offenses
The Ohio Supreme Court today ruled that a statutory procedure allowing sex offenders to terminate reporting requirements available to Adam Walsh Act (AWA) offenders who committed certain sexual offenses after the state’s 2008 implementation of the AWA is not available to Megan’s Law sex offenders who committed crimes prior to the 2008 implementation date. Full Article
Read MoreKS: Sex offenders win and lose in unusual rulings by the Kansas Supreme Court
In an apparently unprecedented series of rulings, the Kansas Supreme Court on Friday overruled three of its own Friday opinions regarding state sex offender registration laws. In three separate opinions issued Friday, the court found 2011 changes to the sex offender registry law cannot be applied retroactively to offenders convicted before the law took effect. But then in a fourth opinion also released Friday, the court found that those rulings were incorrect. Full Article State v. Petersen-Beard: Decision – Oral Argument Video State v. Buser: Decision – Oral Argument Video Doe v. Thompson: Decision…
Read MoreNY: WE NEED TO RETURN POWER TO LOCAL GOV’T TO PROTECT OUR COMMUNITIES FROM SEX OFFENDERS
(Long Island, NY) Assemblyman Dean Murray (R,C,I- East Patchogue) hosted a press conference today to highlight the need to fix laws pertaining to the sex offender registry to help keep our children and communities safe. Since the start of 2016, some level one sex offenders have been removed from the registry, while a State Appeals Court decision last year removed all local restrictions on where convicted sex offenders may reside. He was joined by his Assembly colleagues and Paul Alonzo, Program Manager of Parents for Megan’s Law. “In February 2015,…
Read MorePA: Superior Court upholds sex offender’s registration order
The state Superior Court upheld a Lackawanna County judge’s ruling that extends the time a convicted sex offender must report his whereabouts under Megan’s Law from 10 years to life. .. The court acknowledged the reporting requirements are a burden for Mr. ____, but it likened them to requirements of a person who is on probation and must meet with a probation officer. It therefore found the requirement was not punitive. Full Article Court Decision
Read MoreNY: Local Legislator Seeks Change to Sex Offender Registration Law
Thousands of sex offenders will come off the state’s registry this year. But one Broome County legislator and a local advocate have teamed up to bring change to New York’s Sex Offender Registration Act (SORA). The state law, enacted in 1996, requires level one sex offenders to be registered for 20 years. By 2016’s end, the whereabouts of many of these criminals will be untraceable — even for police. But a concerned local legislator has submitted an advisory resolution that would tighten registry regulations. Full Article
Read More7th Circuit OKs sex-offender GPS monitoring
Wisconsin lawmakers didn’t violate the U.S. Constitution when they mandated that anyone deemed to be a sexually violent person wear a GPS monitoring device following his or her release from civil commitment, a federal appeals court has held. The 7th U.S. Circuit Court of Appeals last week upheld a state statute requiring such persons to wear a monitoring device for the rest of their lives. Full Article
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