Another nail in the coffin of sexual offense registries

By Rory Fleming . . . On June 8, the American Law Institute, arguably the most prestigious non-governmental law reform organization in the country, concluded its national meeting. One of its agenda items was to have its thousands of elected members—top federal appeals judges among them, who enjoy lifetime appointments after being confirmed by the United States Senate—vote on a draft of the revised chapter of…

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NARSOL quoted in analysis of recent Colorado Supreme Ct. ruling

By Michael Karlik . . .  Although the Colorado Supreme Court insisted its ruling applied narrowly, advocates for defendants believe the justices have laid a foundation for challenging the constitutionality of the state’s sex offender registration laws more broadly. On Monday, the Court decided by 6-1 that it violates the Eighth Amendment’s prohibition on cruel and unusual punishment for Colorado…

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New Florida statute will strip registered parents of parental rights

By Sandy . . . FAC, NARSOL’s Florida affiliate, has called this legislation a parent’s worst nightmare. The reference is to Florida HB 141 that Governor Ron DeSantis signed June 21. It is entitled, “Parenting and Time-Sharing of a Minor Child for a Convicted Parent,” and it addresses the granting of full or shared custody of minor children to two…

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Louisiana prepared to battle over “sex offender” driver’s licenses

By Adam Liptak . . . A Louisiana law required people convicted of sex crimes to use driver’s licenses on which the words “sex offender” would appear in big capital orange letters under their photographs. That could make everyday encounters — with bank tellers, hotel clerks, supermarket cashiers, election officials, airport security officers and prospective employers — humiliating. Critics called the…

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Prestigious American Law Institute recommends sweeping changes to registry, including no public dissemination

By Dr. Ira Ellman . . . On June 8, 2021 the membership of the American Law Institute gave its final approval to a revision of the Model Penal Code’s chapter on Sexual Assault and Related Offenses. This project was initially authorized by the ALI Council in 2012.  The appointed Reporters, Professors Stephen Schulhofer and Erin Murphy of the New York…

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Still no decision in Wisconsin GPS lawsuit

By Dave . . . In March 2019, a federal class-action lawsuit was filed in U.S. District Court by attorneys Adele Nicholas and Mark Weinberg on behalf of eight people on the registry living in Wisconsin. The suit was a response to a 2017 opinion by then Wisconsin Attorney General Brad Schimel to expand the class of Wisconsin registrants required…

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Louisiana legislative committee rejects marking registrants’ driver’s licenses

By Will Sentell . . . A bill that would require the driver’s license or identification card of sex offenders to carry a special designation was narrowly rejected Tuesday in the House Transportation Committee. State Rep. Larry Bagley, R-Stonewall, said his proposal was aimed at protecting citizens while also complying with a recent ruling by the state Supreme Court. The court…

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State cannot continue incarceration without sufficient evidence

By Christian M. Wade . . . BOSTON — More than 120 “dangerous” sex offenders have been released under a 2008 Supreme Judicial Court ruling that keeps them from being locked up if at least two “qualified medical examiners” determine they’re no longer a threat, according to state data. The state Department of Correction currently oversees about 130 sexually dangerous prisoners…

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Residency restrictions lawsuit settled in favor of three registrants

By Patty Dexter . . . The city of Apple Valley has agreed to settle a class action federal lawsuit filed in 2020 that challenges the constitutionality of a 2017 city ordinance that limits where some sex offenders can live in the community. The Apple Valley City Council, without discussion, approved a settlement agreement as part of the consent agenda…

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Civil commitment: Treatment or extended punishment?

By J.D. Tuccille . . . Sold as a means of giving potentially dangerous sex offenders treatment for their conditions while indefinitely confining them, civil commitment programs invite skepticism about their motivation and effectiveness. While courts have signed off on the practice, keeping people locked up after they’ve served their prison sentences raises sticky legal and ethical questions. Now a…

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