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Article • January 15, 2011 • from PLN January, 2011
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul by David Reutter by David M. Reutter The federal Jacob Wetterling Act of 1994 imposed a duty on the states to establish sex offender registry programs, including life-long registration for offenders classified as sexually violent predators. In 1996, Megan’s Law …
Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke by Matt Clarke On May 20, 2010, the Fifth Circuit Court of Appeals held that Texas parolees who had never been convicted of a sex offense, but were subject to onerous sex offender parole conditions …
Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration by by Matt Clarke In January 2010, the Virginia State Police (VSP) issued a report on the monitoring of sex offenders who are required to comply with registration laws. The report noted a high rate of compliance (94%) with …
SORNA Challenges Produce Mixed Results; Supreme Court Weighs In by Brandon Sample Over the past several years a split has developed between the federal courts of appeal over the scope and constitutionality of the Sex Offender Registration and Notification Act (SORNA), a component of the federal Adam Walsh Child Protection …
Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke by Matt Clarke In 2006 Congress enacted the Adam Walsh Act, which requires states to institute stricter monitoring of sex offenders or face losing 10% of their federal crime-prevention grants. Although all states were supposed to …
Indiana Sex Offender Registration Law Can Not Be Retroactively Applied by The Indiana Sex Offender Registration Act (ISRA) can not be applied to offenders who committed their crimes before the statute’s enactment, the Indiana Supreme Court decided on January 6, 2010. Gary M. Hevner was convicted in 2008 of possessing …
Washington State Not Required to Prove Current Dangerousness for Civil Commitment as Sexually Violent Predator by On October 1, 2009, the en banc Supreme Court of Washington ruled that the state was not required to prove a sex offender would reoffend within the foreseeable future to civilly commit him as …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • March 15, 2010 • from PLN March, 2010
Washington Sex Offender Relieved of Obligation to Register by On September 9, 2008, following more than ten years of compliance with Special Sex Offender Sentencing Alternative (SSOSA) restrictions and guidelines, a Washington state trial court relieved Brian A. McMillan of his duty to register as a sex offender. The State …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Article • February 15, 2010 • from PLN February, 2010
Massachusetts Sex Offender Registry Board Member Brags About Bias by Tyson Lynch is a hearing examiner for the Massachusetts Sex Offender Registry Board; his job responsibilities include determining which convicted sex offenders pose a threat to the community. Yet it wasn’t long after he was hired in October 2008 that …
False Sense of Security: The Real Cost And Benefits Of The Adam Walsh Act by Brandon Sample The Adam Walsh Act (AWA) was enacted by Congress in 2006 with much fanfare. Proponents argued that the law, which requires the establishment of a national sex offender registry, would help protect children …
Attorney General’s SORNA Regulations Violate APA; Law Cannot be Applied to Offenders Convicted Before Its Enactment by The Sexual Offenders Registration and Notification Act (SORNA) may not be applied to offenders who were convicted of sex offenses before the statute’s enactment, the U.S. Court of Appeals for the Sixth Circuit …
Article • January 15, 2010
Defendants Lack Standing To Challenge SORNA Under Tenth Amendment by On May 13, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected on grounds of standing a Tenth Amendment and Administrative Procedure Act (APA) challenge to the Sex Offender Registration and Notification Act (SORNA). Scott Hacker pled guilty …
GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
Article • December 15, 2009 • from PLN December, 2009
New Jersey DOC Report: Megan’s Law Costly and Ineffective by Matthew Clarke by Matt Clarke In December 2008, the New Jersey Department of Corrections (DOC) submitted a research report on the practical and monetary effects of Megan’s Law to the U.S. Department of Justice. The report concluded that Megan’s Law, …
Article • December 15, 2009
Failure to Register as Sex Offender Convictions Reversed in Washington by A Washington Court of Appeals reversed and vacated Kenneth Howe’s convictions for failure to register as a sex offender. The convictions were based on Howe's prior California convictions for lewd acts on a child and failure to register, which …
Article • November 15, 2009 • from PLN November, 2009
Indiana Supreme Court Holds Sex Offender Registration Act Unconstitutional When Applied Retroactively by In a courageous and controversial ruling, a unanimous Indiana Supreme Court held on April 30, 2009 that state statutes collectively referred to as the Indiana Sex Offender Registration Act, when applied to Richard Wallace, a child molester …
Ohio Supreme Court Rules Sex Offender Residency Restrictions Not Retroactive by Matthew Clarke by Matt Clarke The Supreme Court of Ohio held that a state statute restricting sex offenders from residing within 1,000 feet of a school (R.C. 2950.031) did not apply to sex offenders whose home purchase and offense …
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