National law reform proposal on collateral consequences

COLLATERAL CONSEQUENCES RESOURCE CENTER The American Law Institute (ALI), the nation’s oldest and most respected law reform organization, will meet in Washington on May 22-24 to approve a revision of the sentencing articles of the Model Penal Code, the first such revision in 60 years. The revised MPC: Sentencing includes an ambitious and comprehensive scheme for managing and limiting collateral consequences. The American Law Institute is meeting this...

Urgent Call To Action

Assembly Bill 59 to reverse court ruling. Nevada Attorney General Adam Laxalt is urging the Nevada Legislature to pass AB 59. It is urgent that you call your legislators to let them know that you disagree with this law ASAP. This is an attempt to reverse last years court decision that limited the ability of the State Board of Parole Commissioners and the Division of Parole and Probation to...

Court says secretly filming nude young girls in bathroom isn’t child porn

The Tennessee Supreme Court is vacating the child-porn production conviction of a Knoxville man, named Thomas Whited, who secretly filmed his 12-year-old daughter—and 14-year-old friend—showering, going to the bathroom, and undressing. Although the father recorded the bathroom for two months for sexual reasons, the high court vacated his 22-year sentence because what he filmed did not amount to pornography. The girls were not having sex, the high court...

A setback for First Amendment protection for anonymous speech

Continuing the one-step-forward, one-step-backward pattern that has characterized the cases examining the constitutionality of state sex offender registry statutes, the Illinois Supreme Court has upheld the provisions of the Illinois sex offender statute compelling disclosure of all “Internet identifiers” just a few weeks after the district court in Florida struck down, on First Amendment grounds, a virtually identical provision in the Florida statute. Here’s the background: Mark Minnis...

Idaho Sex Offenders Challenge State Registry Laws

Over 100 Sex Offenders sue Idaho over constitutional challenges The constitutional challenge is on the following grounds: Due Process: Assessed new restrictions without a trial. Equal Protection: Burdens an unpopular group of citizens. Religious Freedom: Restricts some offenders from attending church services. Cruel and Unusual Punishment: Excessive punishment imposed by community notification. Double Jeopardy: New conditions placed on offenders after conviction. Contracts: New non negotiated conditions placed after...

6th U.S. Circuit Court of Appeals Rules on Michigan SO Laws

From the Detroit Free Press: Court: Michigan's toughened sex offender rules cannot be retroactive The 6th U.S. Circuit Court of Appeals reversed part of a lower-court ruling, saying the state could not impose harsher restrictions enacted in 2006 and 2011 on offenders who were convicted before the law was changed. The court said the revisions, which include restricting offenders' movement near schools, penalize sex offenders as "moral lepers."...

Sixth Circuit panel concludes Michigan sex offender registration amendments “imposes punishment” and thus are ex post unconstitutional for retroactive application

[caption id="attachment_243" align="alignnone" width="300"] Sixth Circuit Court of Appeals[/caption] In a significant panel ruling today, the Sixth Circuit has concluded in Does v. Snyder, No. 15-1536 (6th Cir. Aug. 25, 2016) (available here) that Michigan's amendments to its Sex Offender Registration Act (SORA) "imposes punishment" and thus the state violates the US Constitution when applying these SORA provisions retroactively.  Here is some of the concluding analysis from the unanimous panel decision reaching...

Illinois Proposes Sex Offender Task Force

Synopsis As Introduced Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Sex Offenses and Sex Offender Registration Task Force to ensure that law enforcement and communities are able to identify and monitor high-risk sex offenders. The Task Force will hold public hearings to receive input from the public and give recommendations to the General Assembly to effectively classify sex offenders...

Class Action Law Suit on Behalf of Registered Sex Offenders Frequently Asked Questions (FAQ)

Visit Women Against Registry Class Action Lawsuit FAQs WAR Class Action Lawsuit FAQs Q: Who is behind this initiative? A: A group of registrants, family members, and believers in due process. Q: What is the premise of the law suit on behalf of registrants? A: Even though the laws impacting us are passed by the state and federal legislatures we will be asking the courts to rule on...

McNeill v State

Appellant was a convicted sex offender on lifetime supervision. When Appellant had been on lifetime supervision for five years, the State Board of Parole Commissioners imposed additional conditions that were not enumerated   McNeill v. State McNeill v. State - 132 Nev. Adv. Op. No. 54 LAW.JUSTIA.COM  http://law.justia.com/cases/nevada/supreme-court/2016/66697.html

Back to Top