Residency Cases
Does v. City of San Diego (S.D. Cal. 2019)
Federal District Court for the Southern District of California finding that local San Diego ordinance enacting residential banishment laws for people convicted of sex offenses was preempted by state law.
State v. Schnell (Minn. 2019)
Minnesota Supreme Court opinion finding that Minnesota DOC failed to comply with the law in failing to release an individual, or else otherwise modifying conditions of release.
State v. Lafountain (Or. Ct. App. 2019)
Oregon Court of Appeals ruling that “residence” means something more than a temporary shelter or jail cell, in finding the state’s evidence legally insufficient to convict a defendant of railing to register.
Residency Secondary Materials
[Criminal Justice Policy Review] – Sex Offender Residence Restrictions and Homelessness: A Critical Look at South Carolina
Deanna Cann & Deena Scott, Sex Offender Residence Restrictions and Homelessness: A Critical Look at South Carolina, Criminal Justice Policy Review (2019) Abstract Sex offender residence restrictions (SORRs) have been widely implemented across the U …
Residency News
The 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 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, 2019