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Article • June 15, 2012 • from PLN June, 2012
Tenth Circuit Voids Albuquerque’s Attempt to Ban Sex Offenders from Libraries by Derek Gilna In a case of first impression, on January 20, 2012 the Tenth Circuit Court of Appeals affirmed a district court’s judgment invalidating an ordinance of the City of Albuquerque, New Mexico that prohibited registered sex offenders …
Brief • March 26, 2012
Duarte v. City of Lewisville, TX, Complaint, sex offender residence restrictions, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION AURELIO DUARTE; WYNJEAN DUARTE; BRANDI DUARTE; and SAVANA DUARTE, a Minor, By and through Wynjean Duarte, acting as her Next Friend; No. __________________ Plaintiffs V. THE CITY OF …
Missouri Federal Court Enjoins Denial of Housing Assistance to Sex Offender by Matthew Clarke by Matt Clarke On March 14, 2011, a federal court in Missouri temporarily enjoined the Housing Authority of St. Louis County (HASLC) from denying housing assistance to a seriously ill man who had been convicted of …
HUD Regulations Don't Justify Terminating Lifetime Sex Offender Registrant from Federally-Appointed Housing Program by Richard Miller was convicted of a Washington State sex offense in 1996. In 2002, he applied for and was accepted into a Section 8 Housing Voucher Program in Massachusetts. In 2005, he moved to Maine and …
Homeless New Mexico Sex Offender Arrested for Moving Out of Dumpster by Charles Mader, a registered sex offender, was homeless when he was released from jail, so he listed a dumpster at an intersection in Albuquerque, New Mexico as his residence. That was fine with authorities. However, after Mader moved …
Ohio Legislature Cannot Increase Sex Offender Registration Requirements Imposed By Court by Michael Brodheim By Michael Brodheim A divided Ohio Court of Appeals has held that changes to the state's Sex Offender Registration and Notification (SORN) Act, increasing its registration and notification requirements, violate the constitutional separation of powers doctrine …
Article • March 15, 2011 • from PLN March, 2011
Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge by Laws that restrict where sex offenders can live have been popular in legislatures throughout the U.S. With much fanfare and hoopla, Georgia passed one of the nation’s toughest sex offender residency statutes on July 1, 2006. That law …
Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off by David Reutter by David M. Reutter When Florida’s Miami-Dade County adopted an ordinance that extended the 1,000-foot state law residency restrictions for sex offenders to 2,500 feet, the estimated 100 sex offenders who return to Miami-Dade each year after …
Onerous Ohio Sex Offender Restrictions Drive Some Underground by Matthew Clarke by Matt Clarke Public officials in Cleveland, Ohio have noticed that some registered sex offenders are dropping out of sight. When the officials attempted to confirm the offenders’ registered addresses, they found they didn’t live there. The reason for …
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 …
Article • May 15, 2010 • from PLN May, 2010
Georgia Law Creates Homeless Sex Offender Colony by David Reutter by David M. Reutter Georgia’s sex offender residency restrictions have led some offenders to live in the woods because they have no legal place to stay. Reminiscent of leper colonies, they are forced to camp out on the fringes of …
Article • May 15, 2010 • from PLN May, 2010
Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional by On October 1, 2009, the Kentucky Supreme Court held that retroactive application of sex offender residency restrictions violated prohibitions against ex post facto laws in the U.S. and Kentucky constitutions. In 1995, Michael Baker pleaded guilty to third-degree …
Article • February 15, 2010 • from PLN February, 2010
Homelessness a Significant Problem for Released Prisoners by John Dannenberg by John E. Dannenberg and Alex Friedmann On August 8, 2008, the U.S. Bureau of Prisons (BOP) discharged disabled prisoner Michael R. McHone from FCI Edgefield in South Carolina to spend his first night at a motel. The next day …
Article • January 15, 2010 • from PLN January, 2010
New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional by On July 30, 2009, a New Hampshire state district court held that a city ordinance restricting where sex offenders could live violated the Equal Protection Clause of the New Hampshire Constitution. Richard Jennings, a resident of Dover, was charged …
Article • January 15, 2010 • from PLN January, 2010
California Communities Made Less Safe as Sex Offender Housing Restrictions More Strictly Enforced by Michael Brodheim A December 2008 report by the California Sex Offender Management Board (CASOMB) has found that increased enforcement of laws adopted to protect communities from registered sex offenders has had the unintended effect of making …
Article • December 15, 2009 • from PLN December, 2009
California Struggles to House Sex Offenders by Michael Brodheim When California voters approved Proposition 83 (Jessica’s Law) in 2006, the non-partisan Legislative Analyst’s Office estimated that enforcement of the law’s provisions – which included GPS monitoring and banning sex offenders from living within 2,000 feet of a school or park …
Article • December 15, 2009 • from PLN December, 2009
Miami Sex Offenders Still Living Under Bridge; Lawsuits Fail to Solve Problem by David Reutter by David M. Reutter PLN has reported several times on the plight of Florida sex offenders forced to live under the Julia Tuttle Causeway in Miami due to restrictive sex offender residency laws. [See: PLN, …
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 • November 15, 2009 • from PLN November, 2009
Former PA Lawmaker Who Took Sex Offenders into His Home Files Suit Against Zoning Board by Thomas E. Armstrong, a former tough-on-crime Pennsylvania lawmaker who took three registered sex offenders into his home in Marietta Borough, filed a lawsuit last year challenging a decision by zoning officials to force the …
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