Library of Congress and Department of Justice Issue Survey of Sex Offense Registration and Notification Laws around the World
A recent 2022 global survey highlights the rapid proliferation of sex offense registration laws world-wide since the United States enacted a national sex offense registration system in 1994. The survey, prepared by the Federal Research Division of the …
Posted: September 21, 2022Following Delays, American Law Institute Gives Final Approval to Model Penal Code Revisions Regarding Sex Offense Registries
By Professor Ira Ellman On May 18 the American Law Institute, at its annual meeting, had a four-hour session considering proposed revisions to the sexual assault provisions (Article 213) of the Model Penal Code. The membership had given what at the tim …
Posted: June 3, 2022Metro State Conference Focuses on Civil Commitment and Minnesota’s Sex Offender Program (“MSOP”)
On April 8th, Metro State University hosted their eighth annual Understanding and Responding to Mass Incarceration (URMI) Conference. This year’s conference, entitled The “Sex Offender”: Why Should We Care?, featured a diverse set of presentations dea …
Posted: May 10, 2022South Carolina agrees to settlement removing those with “buggery” convictions from state sex offense registry
On April 22, 2022, in Doe v. Wilson, No. 21-04108, the United States District Court for the District of South Carolina entered an order adopting a joint stipulation under which the Attorney General of South Carolina agreed to remove from the South Carolina Sex Offender Registry all individuals currently registered solely for a conviction for “Buggery,” S.C. Code § 16-15-120, stemming from sodomy between consenting adults, to conform with Lawrence v. Texas, 539 U.S. 588 (2003).
Posted: May 10, 2022Minnesota Working Group, Created to Study State’s Sex Offense Registry, Issues Report to Legislature
In 2021 the Minnesota legislature created a working group to comprehensively study Minnesota’s sex offense registry regime to determine whether changes are needed and what those changes might be (hereinafter referred to as the “Working Group”). On Feb …
Posted: February 11, 2022American Law Institute Leaders Delay Consideration of Revisions to Model Penal Code Relating to Sex Offense Registration
At its meeting on January 20 and 21, 2022, the American Law Institute (ALI) Council reserved consideration of revisions to portions of the Model Penal Code’s (MPC) chapter on Sexual Assault and Related Offenses, including the MPC revisions relating to …
Posted: February 5, 2022Department of Justice Adopts Rule on Federal SORNA, Effective January 7, 2022
On December 8, 2021, the U.S. Department of Justice (DOJ) adopted a Rule – available on the Federal Register – detailing requirements for registration under the Sex Offender Registration and Notification Act (SORNA).
Posted: January 6, 2022New article on “the dark figure” of sexual recidivism
Professors Tamara Lave, JJ Prescott, and Grady Bridges recently published an important article discussing recent attempts to illuminate “the dark figure” of sexual recidivism. The abstract is below, and a full text copy of the article is accessible at …
Posted: June 29, 2021American Law Institute Adopts Revisions to Model Penal Code That Include Major Changes to Sex Offender Registries
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. The American Law Institute, established in 1923, is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law…
Posted: June 16, 2021CARES Act Stimulus Payments and Incarcerated Individuals
On September 24th, a federal court in the Northern District of California granted a preliminary injunction requiring the government to stop excluding people who are incarcerated from receiving stimulus payments. The court found that, under the text of …
Posted: October 3, 2020Department of Justice Proposes Rule on Federal SORNA, Seeks Public Comment
On August 13th, 2020 the United States Department of Justice published a proposed rule — available via the Federal Register — that illuminates how it is interpreting and will seek to enforce various registration requirement provisions that were passe …
Posted: August 29, 2020NYC Bar Report to Gov. Andrew Cuomo: Call to Temporarily Suspend In-Person Reporting Requirements
By NYC Bar Committee | April 3, 2020 Dear Governor Cuomo: The New York City Bar Association’s Criminal Justice Operations Committee and the Sex Offender Registration Act Working Group write this letter to urge the temporary suspension of in-person repo …
Posted: April 8, 2020Detroit News — Judge: State sex offender registry can’t be enforced in pandemic
By Mark Hicks | April 6, 2020 A federal judge is commanding state authorities to stop enforcing rules under the Michigan Sex Offender Registry Act during the coronavirus pandemic. According to an interim order U.S. District Judge Robert Cleland issued …
Posted: April 7, 2020COVID-19: Strategies for Reducing Transmission
In response to the current COVID-19 Pandemic, the Sex Offense Litigation and Policy Resource Center has published a set of guidelines for law enforcement, policy experts, and others with respect to law and policy focused on those with past convictions …
Posted: March 28, 2020Reason — After He Found California’s Indefinite Detention of Sex Offenders Wasn’t Working, the State Shut Him Down and Destroyed His Research
By Steven Yoder | From the April 2020 Issue In late 2006, a public defender went before a Napa County judge to argue for his client’s freedom. Rex McCurdy, a 49-year-old man, had been detained for seven years at Atascadero State Hospital under a 1995 C …
Posted: March 6, 2020Reason — Sex Offender Laws Are Broken. These Women Are Working to Fix Them.
By Hallie Lieberman | Feb. 2020 Sandy Rozek is the polar opposite of what comes to mind when you hear the word activist. A 78-year-old great-grandmother and retired high school English teacher who lives in Houston, Rozek is not woke, doesn’t post on Tw …
Posted: January 25, 2020The Appeal — Wisconsin Came Close To Changing A Rule That Often Leaves People On Sex Offense Registries Homeless
By Steven Yoder | January 3, 2020 In May 2016, a local Fox station in Wisconsin reported a remarkable story. That March, a man who had served 11 years on second-degree child sexual assault had been released from prison. The city of Waukesha had a rule …
Posted: January 4, 2020The Appeal: What Is The Purpose of Sex Offense Registries?
By Sarah Lustbader | December 10th, 2019 Two days ago, the Union-Recorder in Georgia published a bizarre editorial. The editorial board noted that the state’s sex offender registry system drives people into homelessness and deprived them of counseling …
Posted: December 14, 2019The Philadelphia Inquirer: Sex offender registry law in Pa. facing life-or-death test at Supreme Court
By Angela Couloumbis | December 5th, 2019 The landmark Pennsylvania law that for nearly a quarter of a century has required a public registry of sex offenders and community notification about their whereabouts is facing a life-or-death challenge before …
Posted: December 5, 2019WPR: Gov. Tony Evers Vetoes Changes To Sex Offender Residency Requirements
By Laurel White | November 25th, 2019 Gov. Tony Evers has vetoed a bipartisan bill that would have lifted state restrictions on how close people convicted of sex crimes can live to schools. The bill, which passed the state Assembly and Senate unanimous …
Posted: November 26, 2019Miami Herald: Miami-Dade uproots sex offender camp yet again. Does harsh law really make public safer?
By Charles Rabin | November 22nd, 2019 The latest eviction order came earlier this month: Some 70 paroled child sex offenders, now living in a flimsy village of tents, cardboard boxes and rusty campers in an industrial zone just east of Miami Internati …
Posted: November 23, 2019NJ.com — Female juvenile sex offender, abused as a child, challenges law putting her on Megan’s List
By Joe Atmonavege | November 17, 2019 The state’s Public Defender’s office is hoping to join a federal lawsuit that is seeking to eliminate Megan’s Law registration for all juvenile sex offenders in New Jersey, a move the attorneys hope will strengthen …
Posted: November 18, 2019Boston Review: Halloween and Stranger Danger
By Christine Hume | October 31, 2019 Do you believe in the boogeyman? This is the pivotal question of the Halloween movie franchise. The tension around naming the movies’ antagonist foregrounds the problem of seeing him: “it” or “him,” “thing” or “huma …
Posted: November 11, 2019The Outline: What Follows Punishment?
When people convicted of sex offenses in the United States finish their criminal sentences, they generally face a slew of regulations and restrictions — from offender registries to residency restrictions to the possibility of lifelong civil commitment — that leave them isolated, stigmatized, and surveilled. But while Richard knew that living in the free world as a convicted sex offender wouldn’t be easy, nothing prepared him for the reality. …
Posted: September 27, 2019The Appeal: Alabama Sex Offender Registry Is Cruel and Unusual Punishment for Teenagers, Lawsuit Argues
Southern Poverty Law Center and Juvenile Law Center asked a federal court today to strike down Alabama’s sex offender registry requirements for young people who were convicted in adult court. The complaint, filed in the U.S. District Court for the Middle District of Alabama, argues it is cruel and unusual punishment to impose mandatory lifetime registry restrictions for conduct that occurred when someone was still under age 18. …
Posted: September 19, 2019The Marshall Project: When People with Intellectual Disabilities Are Punished, Parents Pay the Price
Carol Nesteikis, 66, has never committed a crime. But for two years, from six in the evening to six in the morning the next day, she lived under de facto house arrest with her 32-year-old son, Adam. It wasn’t because she wanted to. The home itself was a kind of punishment, she says. …
Posted: September 13, 2019The Appeal: The Rise of Registries (Podcast)
Earlier this year, lawmakers in New York proposed a bill that would bar people convicted of multiple sex offenses from ever using New York City’s subway system again. The plan, which would inflict a form of banishment in the name of public safety, is part of a broader pattern. Sex offender registries increasingly include children under the age of 18, and some states permit children as young as 7 to be registered. But a growing body of evidence suggests that our reliance on registries—not just for sex crimes but also for terrorism, gun, and drug offenses—may allow politicians to look like they’re taking action while actually doing little to curb abuse. To discuss the rise of registries, we are joined by Appeal contributor Guy Hamilton-Smith and Elizabeth Letourneau, professor and director of the Moore Center for the Prevention of Child Sexual Abuse at Johns Hopkins Bloomberg School of Public Health
Posted: September 12, 2019The Appeal: People On Sex Offender Registry Should Shelter From Dorian In Jail
For some people convicted of sex crimes in Florida, the only shelter open to them during Hurricane Dorian was the county jail. In some counties, people on the registry were barred from shelters set up for those evacuating, and told to go to separate locations, away from children and other community members. If they attempted to stay with friends or relatives, they faced daunting residency and registration requirements, according to the Florida Action Committee, which advocates for reform of sex offender registry laws. Failure to comply can mean a felony conviction and incarceration. In Osceola County, a separate shelter was set up at the housing agency for “sex offenders,” meaning people on the registry, according to a local news report by WKMG-TV. And in Flagler County, registered sex offenders were directed to go to the sheriff’s office for shelter, according to a WJXT-TV report. The Nassau County Board of Commissioners website advised people on the sex offender registry to seek shelter in the county jail. “It was such a traumatic experience to be incarcerated. I’m not going to subject myself to that voluntarily,” a representative with the Florida Action Committee told The Appeal. “I’d rather tie myself to a tree.” …
Posted: September 4, 2019Stateside: ACLU’s Miriam Aukerman on Sex Offender Registries
In 2016, the 6th Circuit Court of Appeals issued an opinion in Does v. Snyder declaring Michigan’s sex offense registry unconstitutional. The ACLU has since gone back to federal court seeking to enforce the 6th Circuit’s decision. Miriam Aukerman appeared on NPR’s Stateside to discuss the litigation, ongoing efforts to achieve reform, and sex offense policies more generally.
Posted: September 2, 2019WaPo: In Arlington, a judge must decide if a nonviolent sex offender should stay incarcerated after serving his sentence
On Monday, the Circuit Court in liberal Arlington County will be the scene of a heavy-handed morality play, with prosecutors seeking lifelong incarceration for a young gay man who has already paid an extraordinary price for youthful, nonviolent sexual indiscretions. Virginia, like 19 other states and the federal government, has a Sexually Violent Predators Act (SVPA). Under these laws, people who have completed their criminal sentences under any of a large number of sex-related offenses can be indefinitely detained in a high-security facility until the state determines that they no longer present a risk, typically never. …
Posted: August 25, 2019