McDeid v. Johnston (Minn. 2023)
Minnesota Supreme Court opinion holding that patients civilly committed to Minnesota’s Sex Offender Program (“MSOP”) had a clearly established right to transfer to a less restrictive environment within a reasonable time following issuance of a Minnesota Commitment Appeals Panel transfer order.
Crowley v. State of Indiana (Ind. Ct. App. 2022)
Indiana Court of Appeals opinion affirming trial court’s denial of Plaintiff’s ex post facto challenge which sought removal from Indiana’s registry where Plaintiff’s 30 year-old out-of-state conviction pre-existed the relevant statutes requiring registration.
Following 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, 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, 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, 2021COVID-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, 2020Sex Offenders Need Not Disclose Facebook Accounts to Law Enforcement, NY Court of Appeals Rules
By Dan Clark | June 27, 2019 Persons convicted of sex offenses in New York do not have to specifically disclose to the state that they have, and use, an account on Facebook, so long as they register their email address and don’t use a fake name, the st …
Posted: June 29, 2019Piasecki v. Court of Common Pleas (3rd Cir. 2019)
3rd Circuit Court of Appeals holding that PA SORNA constitutes “custody” for habeas purposes, and is not merely a collateral consequence of a conviction.
Park v. State (Ga. 2019)
Georgia Supreme Court holding that lifetime GPS monitoring of individuals designated as sexually violent predators under state law is unconstitutional under the Fourth Amendment.
[SCOTUSblog] Argument analysis: Court poised to rule for challenger in dispute over constitutionality of sex-offender law
By Amy Howe | February 26th, 2019 This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least five years – and possibly for the rest …
City of Ft. Lauderdale v. Anderson et al., (Broward Co. Ct., Fl. 2018).
Criminal trial court dismissing citations against defendants for violating residential banishment ordinance.
Detroit Free Press, Inc. v. United States Department of Justice (2019)
6th Circuit Court of Appeals Detroit Free Press, Inc. v. Department of Justice Opinion (pdf)
Doe v. Sex Offender Registry Board (Mass. 2015)
Supreme Judicial Court of Massachusetts found that preponderance of the evidence standard no longer sufficed for comporting with Due Process for tiering of sex offenders, clear and convincing standard would be required.