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Article • February 15, 2008 • from PLN February, 2008
Non-Convicted Michigan Sex Offenders Required to Register by The Sixth Circuit Court of Appeals has held that Michigan's Sex Offender Registration law, which requires persons charged with but not convicted of sex crimes to register as sex offenders, is constitutional. The Court's ruling affirms an order granting summary judgment to …
Most Serious Sex Offenders in Boston Living in Homeless Shelters by Efforts in Massachusetts to keep a close eye on released sex offenders have apparently failed. Rather than having such offenders in stable living environments where law enforcement officials can monitor them, 65 percent of the state?s most dangerous sex …
Article • September 15, 2007 • from PLN September, 2007
Florida Homeless Sex Offender Ruling Reversed, FDOC Changes Policy Anyway by David Reutter by David M. Reutter Florida?s Fifth District Court of Appeals has reversed, on procedural grounds, an order by the Volusia County Circuit Court that enjoined the Florida Department of Corrections (FDOC) from engaging in the ?practice of …
Article • September 15, 2007 • from PLN September, 2007
Big Brother Monitoring Michigan Sex Offenders by Not satisfied with conventional methods of monitoring sex offenders, Michigan is taking a hi-tech approach. Along with the ubiquitous ?school safety zones? and residency restrictions, concerned citizens can now be notified by email when changes are made to the state?s online sex offender …
New Investigative Solution by LexisTracks Sex Offenders, Wherever They Are by LexisNexis, an information industry leader, has created a new advanced investigation solution to track and locate sex offenders. The solution is being touted as a tool for law enforcement to use when a child is abducted. There are over …
Article • August 15, 2007 • from PLN August, 2007
Accuracy of Sex Offender Registries Questioned By GAO by Matthew Clarke by Matthew T. Clarke On August 30, 2006, the federal Government Accountability Office (GAO) released a report that questions the accuracy of the sex offender registries being used by the states to track registered sex offenders (RSOs). The chief …
Article • August 15, 2007 • from PLN August, 2007
Connecticut: Victims’ Privacy Protection Saves Some Sex Offenders From Public Registration by John Dannenberg Connecticut: Victims' Privacy Protection Saves Some Sex Offenders From Public Registration by John E. Dannenberg In Connecticut, some convicted sex offenders' names will not show up on the state's public online registry. Under penal statute Section …
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke The Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and to a criminal statute …
Article • July 15, 2007 • from PLN July, 2007
Retroactive Application of Missouri Sex Offender Registration Law Banned by Missouri's Supreme Court has held that the state's "Megan's Law" cannot be retroactively applied to persons convicted prior to January 1, 1995. The ruling affects about half of the people previously required to register as sex offenders, but allows information …
Michigan Sex Offender Registration Enjoined by The United States District Court, E.D. Michigan, Southern Division found that the Michigan statute requiring the registration of sexual offenders violated due process. The statute was challenged by a plaintiff convicted of a sex offense which mandated continuing legal obligations, public disclosure, and criminal …
Montana Supreme Court Upholds State's Sex Offender Registration Act by The Montana Supreme Court held that the state's sex offender registration act could be applied retroactively and did not violate an offender's rights under the state or federal constitutions. In 1989 Montana enacted the Sexual Offender Registration Act, which required …
Sex Offender Must Meet Stigma-Plus Test to Sue for Reputation Damage by The Eleventh Circuit Court of Appeals held that reputational damage alone is insufficient to constitute a protected liberty interest. This 42 U.S.C. § 1983 action was brought by a minor against nine employees of the Hale County Department …
Article • May 15, 2007
Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender by Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender The Eleventh Circuit Court of Appeals held a district court properly imposed a special condition of supervised release that required a …
Article • May 15, 2007
Order Halting Sex Offender Registration Reversed by The Colorado Court of Appeals has reversed a district court's order that allowed a sex offender to stop registering. A former state juvenile probationer, C.C.V., petitioned a state district court to discontinue his duty to register as a sex offender two years after …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable by NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable In 1997, John Williams was a New Jersey state parolee. His parole officer arrested him for changing jobs without permission and …
Article • May 15, 2007
Heck Rule Fails to Prevent Parolee From Filing Under § 1983 by Heck Rule Fails to Prevent Parolee From Filing Under § 1983 The Northern District Court of Illinois determined that the Heck rule does not prevent a state parolee from proceeding with a civil action under 42 U.S.C. § …
Article • May 15, 2007
California Sex-Offender Registration Requirement Held "Not Punishment" by John Dannenberg By John E. Dannenberg Overruling its own precedent, the California Supreme Court held that mandatory sex offender registration does not amount to punishment, and that a lifetime registration requirement therefore cannot be deemed unconstitutional "cruel or unusual punishment." Leon Alva …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
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