Vander Wall, NCRSOL, challenge state to abandon ill-conceived law

By Sandy . . . NARSOL and its affiliates make a special effort to keep abreast of trends as they pop up in various parts of the country and to evaluate them for the effects they will have on registered citizens. Not many states, for example, have actual state laws mandating Halloween restrictions for registrants, yet this past legislative session…

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Second Circuit: Private company home visits constitutional for registrants

By Amanda Ottaway . . . A Long Island sex offender who faced home visits from a private nonprofit contracted by his county did not endure an unconstitutional search, the Second Circuit affirmed Wednesday. Writing for a three-judge panel, U.S. Circuit Judge Christopher Droney noted in the ruling that in this case, public-safety interests outweigh the offenders’ rights. “In sum, the program advances…

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NC Supreme Court affirms limitation of lifetime GPS monitoring for registrants

By Will Doran. . . Sex offenders have rights, too, and in some cases the state has been violating those rights, the NC Supreme Court ruled on Friday. The ruling concerns people who have been ordered to submit to satellite-based monitoring for the rest of their lives, which forces them to wear a tracking device so law enforcement can track…

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NARSOL’s ex post facto case clears hurdle, proceeds to discovery

By Robin . . . On January 23, 2017, the National Association for Rational Sexual Offense Laws (NARSOL) and its affiliate in North Carolina (NCRSOL), along with two John Doe plaintiffs, filed an 88-page complaint in the U.S. Federal Court for the Middle District of North Carolina. The complaint alleged various constitutional claims concerning Article 27A (sex offender registry scheme) of…

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NARSOL, NC suit given okay to move forward

By Sandy . . . On July 31, a district court in North Carolina ruled that a suit brought against the state, a suit challenging the constitutionality of certain aspects of North Carolina’s sexual offense registry, may proceed. In denying the state’s motion to dismiss, the court found that the action is based on a plausible constitutional claim. Filed by…

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The High Court has spoken: Congress did not violate non-delegation clause

By Michael McKay . . . On Thursday, June 20, 2019, the U.S. Supreme Court rendered a 5-3 decision on Gundy v. United States, a ruling that says the U.S. attorney general’s application of the Sex Offender Registration and Notification Act’s (SORNA) registration requirements to offenders convicted even before the statute’s enactment  is not an unconstitutional delegation of legislative authority. The…

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The registry continues to crack and crumble: a due process victory

By Morgan G. Stalter . . . Alaska’s Supreme Court on Friday ruled that the state’s sex offender registry violated the due process rights of those convicted of sex crimes in other states, deeming it “too broad and arbitrary when it includes offenders who are not dangerous.” The court ruled 3-2 in favor of a man, referred to as John…

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Forced self-incrimination

By Larry . . . Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana according to the United States Court of Appeals for the Seventh Circuit. The court made it clear that the protection against self-incrimination even extends do those…

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Rhode Island residency restrictions update

By Larry . . . In 2015 Rhode Island extended residency restrictions from 300 to 1000 feet for level 3 offenders and retroactively applied the increased restriction to those already living within the expanded buffer zone. In response, the ACLU of Rhode Island filed Freitas v. Kilmartin on October 29, 2015 against the Attorney General and director of the Department…

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7th Circuit: Indiana SO program violates constitutional protection

By Marilyn Odendahl . . . Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination. Donald Lacy, a sex offender inmate in the Indiana Department of Correction, filed a…

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