Sex offender registration
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2008-06-27T19:31:06Z
Red Thunder
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Reverted edits by [[Special:Contributions/24.9.0.192|24.9.0.192]] to last version by Argentium (using [[WP:HG|Huggle]])
{{Expert-verify|date=April 2007}}
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'''Sex offender registration''' is a system in place in a number of jurisdictions designed to allow government authorities to keep track of the residence and activities of [[sex offender]]s, including those who have completed their criminal sentences. In some jurisdictions (especially in the United States), information in the registry is made available to the general public via a website or other means. In many jurisdictions registered sex offenders are subject to additional restrictions, including housing. Those on parole or probation may be subject to restrictions that don't apply to other parolees or probationers. Sometimes these include (or have been proposed to include) restrictions on being in the presence of minors, living in proximity to a school or day care center, or owning toys or other items of interest to minors.
==Past, Present, Future==
In 1947, [[California]] became the first state in the [[United States]] to have a sex offender registration program.<ref>[http://www.meganslaw.ca.gov/sexreg.aspx?lang=ENGLISH California Megan's Law - California Department of Justice - Office of the Attorney General<!-- Bot generated title -->]</ref> Community notification of the release of sex offenders from incarceration did not occur until almost 50 years later. In 1994, a [[United States Code|federal statute]] called the [[Jacob Wetterling Act]] required all states to pass legislation requiring sex offenders to register with state sex offender registries. Then again in 1996, based on a set of [[New Jersey]] Laws called "[[Megan's Law]]s," the federal government required states to pass legislation mandating public notification of personal information for certain sex offenders. In ''[[Connecticut Dept. of Public Safety v. Doe]]'' (2002) the U.S. Supreme Court affirmed this public disclosure.<ref>{{cite web
|url=http://www.abanet.org/publiced/preview/school/sexoffenders0203.html|title=Supreme Court Cases of Interest 2002-2003: Sex Offender Registries (ABA Division for Public Education)
|publisher=www.abanet.org|accessdate=2008-03-16}}</ref><ref name=findlaw>
{{cite web|url=http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=538&page=1
|title=Connecticut Department of Public Safety, et al., Petitioners v. John Doe, individually and on behalf of all others similarly situated|publisher=caselaw.lp.findlaw.com|accessdate=2008-03-15}}</ref>
The [[Adam Walsh Child Protection and Safety Act]] became law in 2007. This law implements new uniform requirements for sex offender registration across the states. Highlights of the law are a new national sex offender registry, standardized registration requirements for the states, and new and enhanced criminal offenses related to sex offenders. Since its enactment, the Adam Walsh Act (AWA) has come under intense grassroots scrutiny for its far-reaching scope and breadth. Even before any state adopted AWA, several sex offenders were prosecuted under its regulations. This has resulted in one life sentence for failure to register, due to the offender being [[homelessness|homeless]] and unable to register a physical address.[http://www.nytimes.com/2007/08/03/us/03homeless.html?ex=1343793600&en=c284b3791a25a5ae&ei=5088&partner=rssnyt&emc=rss]
In the [[United States]], all 50 states have passed laws requiring [[sex offenders]], especially [[Child sexual abuse|child sex]] offenders, to register with [[police]]. They report where they live when they leave prison or are convicted of a crime.{{Fact|date=April 2008}}
In 2006, [[California]] voters passed Proposition 83, which will enforce "lifetime monitoring of convicted sexual predators and the creation of predator free zones."<ref>[http://www.igs.berkeley.edu/library/election2006/elec-results.html#83 California 2006 Election results, Proposition 83]</ref><ref>[http://voterguide.ss.ca.gov/props/prop83/prop83.html Callifornia 2006 Election Proposition 83 summary] Sex Offenders. Sexually violent predators. Punishment, residence restrictions and monitoring. Initiative Statute.</ref> This proposition was challenged the next day in federal court on grounds relating to ''ex post facto''. The U.S. District Court for the Central District of California, [[Sacramento]], found that Proposition 83 did not apply retroactively.
===Canada===
Canada's National Sex Offender Registry (NSOR) came into force on December 15, 2004, with the passing of the Sex Offender Information Registration Act (SOIRA)<ref>[http://laws.justice.gc.ca/en/ShowFullDoc/cs/S-8.7//20070902/en?command=home&caller=SI&search_type=all&shorttitle=sex%20offender%20information%20registration%20act&day=2&month=9&year=2007&search_domain=cs&showall=L&statuteyear=all&lengthannual=50&length=50. Print<!-- Bot generated title -->]</ref> Since then, any offender who is convicted of a designated sexual offence may be ordered, at the time of sentencing or as soon as possible thereafter, by the court to register with the registration site that serves the area of their main residence. A person so ordered must register within 15 days, or if they are incarcerated for their crime, within 15 days from their release date. The information that is collected from the offender is confidential, and is not available to the public.
The main purpose of Canada's NSOR is to assist a police officer who is investigating a crime of a sexual nature. NSOR analysts can provide the most current information available about a suspect who is already a registered sex offender, or can search the NSOR database for possible suspects in sexual offence cases where the offender is unknown.
The NSOR database also contains details concerning many sex offenders who
were convicted and sentenced prior to December 15, 2004, referred to as "retrospective" offenders, the criteria being that they must have still been serving an active portion of their sentence on the date that the SOIRAct came into force (eg. still incarcerated, on probation, or on parole). These retrospective offenders were tracked down by various law enforcement authorities, and were served with a Notice that they were required to register for the NSOR after a one-year grace period. The last day of that grace period was December 15, 2005.
Anyone required to register with Canada's National Sex Offender Registry is required to comply with the following obligations:
1) to register with their registration site once a year. (The registration site is usually the police agency that serves the area where the offender's main residence is located, although this description varies somewhat by province or territory);
2) to advise their registration site, within 15 days, of any change of name;
3) to advise their registration site, within 15 days, of any change of address;
4) to advise their registration site, within 15 days, of any absence from their main address that will be for at least 15 consecutive days. They must advise of their date of departure, their actual or estimated date of return, and of the address(es) where they will be while absent. In addition, the offender is required to advise the registration site, within 15 days of their return to their residence, of their actual date of return.
An Order or Notice requires an offender to comply with the SOIRAct for a term of either 10 years, 20 years, or Life. The term is determined by the maximum possible penalty the offender could have received for the offence for which he/she was sentenced. Also, if the offender has a previous conviction for any sexual offence (it does not have to be the same sexual offence for which they're now being sentenced), or if they're already under a previously-issued Order or Notice, the minimum term that will apply, is Life.
==Registration requirements under the Adam Walsh Child Protection and Safety Act==
The required retroactive application of requirements will be defined by criteria relating to the nature of their sex offenses. For example a tier 3 sex offender who was released from imprisonment for such an offense in 1930 will still have to register for the remainder of their life. Tier 2 sex offender convicted in 1980 is already more than 25 years out from the time of release. In such cases, a jurisdiction may credit the sex offender with the time elapsed from his or her release.
==Application to offenses other than felony sexual offenses==
Sex offender registration has been applied to crimes other than [[rape]], [[child molestation]], and [[child pornography]] offenses.
Teenagers have been forced to register after being convicted of having consensual sex with other teens in a [[Jersey City]] ordinance.<ref>[http://www.reason.com/news/show/118396.html Reason Magazine - Zoned Out<!-- Bot generated title -->]</ref> Occasionally, people on probation for non-sexual offenses are required to register if the probation authority believes them to be at risk for committing a sexual offense.{{Fact|date=March 2008}}
In California, some types of [[drug]] [[offender]]s must comply with registration closely resembling that of sex offenders, although drug offender registration is not life-long. Examples of drug [[convictions]] requiring registration are [[heroin]] possession and [[cannabis (drug)|marijuana]] sales to minors on [[school]] grounds. This type of registration expires five years after the [[felon]] completes his or her [[probation]] or [[parole]] period, if that person has remained arrest-free.{{Fact|date=March 2008}}
==Public Notice==
In some localities, the lists of sex offenders are made available to the public: for example, through the newspapers, community notification, or the Internet. However, in other localities, the complete lists are not available to the general public but are known to the police. In the United States offenders are often classified in three categories: Level I offenders, who are at low risk to reoffend; Level II offenders, who are at moderate risk to reoffend; and Level III offenders, who are at high risk to reoffend. Information is usually accessible related to that risk (information being more accessible to the public for higher risk offenders). There are penalties for failure to register as required.
==Additional restrictions beyond public notice==
Sex offenders on parole or probation are generally subject the same restrictions as other parolees and probationers. In addition, they are frequently not allowed to be in contact with juveniles without supervision.{{Fact|date=April 2007}}
Sex offenders who have completed probation or parole may also be subject to restrictions above and beyond those of most felons. In some jurisdictions they cannot live within a certain distance of places children or families gather. Such places are usually schools, churches, and parks. It could also include public venues (stadiums), apartments, malls, stores, shopping centers, and certain neighboorhoods.
In most places sex offenders are subjected to an [[exit ban]]{{Fact|date=April 2007}}<!-- this applies to some other parolees and probationers as well. It generally does not apply to those who are not on parole or probation. Therefore, it should be removed. See Discussion. -->, meaning that they can't travel or leave a certain place at a certain time; most often the offender cannot leave his hometown without permission from a [[probation officer]]. They may also be subjected to the [[Transportation Security Administration|TSA]]'s [[No fly list]].{{Fact|date=April 2007}} The exact provisions vary with each locality.
Some states have Civil Commitment laws, which allow very-high-risk sex offenders to be returned to prison or forced to live under very heavy supervision after the end of their normal sentences. See also: [[Child sex offender#Penalties (U.S.)|Child Sex Offender penalties]].
==Effectiveness and Consequences==
The vast majority of offenders also victimize individuals who are known, related, or intimate to the victim, contrary to media depictions of stranger assaults or child molesters who kidnap children unknown to them. Thus, despite the public awareness of the whereabouts of convicted sex offenders, there has been no evidence shown that mandatory registration has made society safer.
Dr. Henry Rogan of the University of Santa Barbara has this to say about convicted sex offenders: "[The ‘predator-free’ zone] doesn’t solve anything." He remarked in a recent interview, “It’s just punishment. Sex offenders don’t pick up people they don’t know -— that’s what kidnappers are for.”{{Fact|date=April 2007}}
Sex offender registries are designed to protect and alert the public about the dangers of sex offenders; however, in at least two instances, convicted sex offenders were murdered after their information was made available over the internet.<ref>[http://abcnews.go.com/US/story?id=1855771&page=1 Sex Offender Registries: Putting Lives At Risk?]. Retrieved April 26, 2007</ref>
===Registration and homelessness===
People who are registered in offender databases are usually required to notify the government when they move their residence. This notification requirement is problematic in cases where the registered offender is homeless. The State of [[Washington]] is among those that have special provisions in their registration code covering homeless offenders, but this forethought has not been shown by all states in the United States. A November 2006 [[Maryland Court of Appeals]] ruling exempts homeless persons from that state's registration requirements, which has prompted a drive to compose new laws covering this contingency.<ref>{{cite news
| author = Associated Press
| title = Md. court exempts homeless from sex offender address registry
| url = http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20061116/NEWS/61116019/-1/NLETTER02
| publisher = Delaware News-Journal (delawareonline)
|date= November 16, 2006 | accessdate = 2006-11-19
}}</ref>
In Miami, Florida in 2007, some registered sex offenders are being required to live outside under a bridge because city ordinances made it virtually impossible for them to find housing.<ref>{{cite news
| author = Associated Press
| title = Miami sex offenders live under a bridge
| url = http://www.foxnews.com/wires/2007Apr06/0,4670,SexOffendersBridge,00.html
|date=April 6, 2007 | accessdate = 2007-05-16
}}</ref>
==Legal Challenges==
{{Expand-section|date=June 2008}}
===United States===
The Supreme Court of the United States has upheld sex offender registration laws twice, in two respects. Two challenges under state laws have succeeded, however, in Hawaii and Missouri.
====Supreme Court of the United States====
=====Ex post facto challenge=====
In ''[[Smith v. Doe]]'', 538 U.S. 84 (2003), the [[Supreme Court of the United States]] upheld [[Alaska]]'s sex-offender registration statute as not violative of the [[Constitution of the United States]]'s prohibition on [[ex post facto law|''ex post facto'' laws]], reasoning that sex offender registrations are civil laws, not punishments. Justices [[John Paul Stevens|Stevens]], [[Ruth Bader Ginsburg|Ginsburg]], and [[Stephen Breyer|Breyer]] dissented.
=====Due Process challenge=====
In ''[[Connecticut Dept. of Public Safety v. Doe]]'', 538 U.S. 1 (2003),<ref>[http://supct.law.cornell.edu/supct/html/01-1231.ZS.html Connecticut Dept. of Public Safety v. Doe (01-1231) 538 U.S. 1(2003)], hosted at Cornell University, retrieved April 26, 2007</ref> the Supreme Court ruled that [[Connecticut]]'s sex-offender registration statute did not violate the [[procedural due process]] of those to whom it applied. Still, the Supreme Court declared that it "expresses no opinion as to whether the State’s law violates substantive due process principles."
====[[Hawaii]]====
In ''State v. Bani'', 36 P.3d 1255 (Haw. 2001), the [[Hawaii State Supreme Court]] held that Hawaii's sex offender registration statute violated the due process clause of the [[Constitution of Hawaii|Hawaii State Constitution]], ruling that it deprived potential registrants of "of a protected liberty interest without due process of law." The Court reasoned that the sex offender law authorized "public notification of (the potential registrant's) status as a convicted sex offender without notice, an opportunity to be heard, or any preliminary determination of whether and to what extent (he) actually represents a danger to society."<ref>''State v. Bani'', 36 P.3d 1255 (Haw. 2001)</ref>
Accordingly, in order to enforce the sex offender registration law, all potential registrants would have to have hearings to determine their individual "dangerousness." Thus, because of the expense involved in doing so, although Hawaii's sex offender registration law remained in the statute books, it was rendered unenforceable, and the online registry was removed.{{Fact|date=April 2008}}
On May 9, 2005, however, two years after the Supreme Court of the United States's decision that sex offender registration did not violate Due Process, the Hawaii Sex Offender website was put back on-line. Hearings are no longer required to determine whether an offender's registration information may be placed online. This has not been challenged again under the Constitution of Hawaii.{{Fact|date=April 2008}}
====[[Missouri]]====
The most successful challenges to sex offender registration in the United States have been in [[Missouri]], due to a unique provision in that state's constitution which prohibits "laws retrospective in operation."<ref>[http://www.moga.mo.gov/const/A01013.HTM Constitution of Missouri, Article I, Section 13]</ref>
In ''Doe v. Phillips,'' 194 S.W.3d 837 (Mo. banc 2006), the [[Supreme Court of Missouri]] in [[Jefferson City, Missouri|Jefferson City]] held that it violated the [[Constitution of Missouri]]'s unique bar on retrospective laws to apply Missouri's sex offender registry to anyone who had been convicted or pleaded guilty to a registrable offense before the sex offender registration law was passed in 1995.<ref name=doevphillips>[http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/feb8c6432666dab68625719d004badeb?OpenDocument ''Doe v. Phillips'', 194 S.W.3d 837 (Mo. banc 2006)]</ref> The Court ruled that any potential registrant who pleaded guilty or was convicted before [[January 1]], 1995, did not have to register, and remanded the case for further consideration in light of that holding.<ref name=doevphillips/> On remand, the Circuit Court of [[Jackson County, Missouri]] entered an injunction ordering that the applicable individuals be removed from the published sex offender list.<ref name=doevkeathley>[http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/71ba01910da9bff98625741d0066f2ac?OpenDocument ''Doe v. Keathley'', Case No. WD68066 (Mo. App. slip op. Apr. 1, 2008)]</ref> The Missouri State Highway Patrol appealed that order to the [[Missouri Court of Appeals]] in [[Kansas City, Missouri|Kansas City]], which affirmed the injunction on [[April 1]], [[2008]].<ref name=doevkeathley/> The Highway Patrol indicated that it may attempt to appeal to the Supreme Court of Missouri.<ref>[http://www.kansascity.com/news/local/story/557043.html "Appeals court upholds ruling on sex offender list," ''The Kansas City Star'', April 2, 2008]</ref>
The 2006 ''Doe'' ruling prompted a flurry of similar lawsuits throughout Missouri.<ref>[http://www.columbiatribune.com/2007/Apr/20070427News012.asp Columbia Daily Tribune: "Court asked to keep teen off offender list," April 27, 2007.]</ref> In July of 2007, in ''Doe v. Blunt'', 225 S.W.3d 421 (Mo. banc 2007), the Supreme Court of Missouri held that the 2006 ruling applied to potential registrants whose offenses did not become registrable (via amendment into the Sex Offender Registration Act) until after they pleaded guilty or were convicted, and thus could not be required to register.<ref>[http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/575de7c8ce4deb04862572f8004e5d21?OpenDocument ''Doe v. Blunt'', 225 S.W.3d 421 (Mo. banc 2007)]</ref> On [[February 19]], [[2008]], the Supreme Court of Missouri held that the Missouri Constitution's bar on retrospective laws also prohibited enforcement of a requirement that a registered sex offender move from his home located within 1000 feet of a [[school]] when he lived in that home prior to the enactment of the law requiring that he move.<ref>[http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/3103a986b6d147ff862573f400526863?OpenDocument ''R.L. v. Missouri Department of Corrections'', Case No. SC88644 (Mo. banc slip op. Feb. 19, 2008)]</ref>
In response to these rulings, in 2007, several State Senators in the [[Missouri General Assembly]] proposed an amendment to the Missouri Constitution which would exempt sex offender registration laws from the state constitution's unique prohibition on retrospective civil laws.<ref>[http://www.stltoday.com/stltoday/news/stories.nsf/missouristatenews/story/FB557424853704F2862572BA0016E045?OpenDocument St. Louis Post-Dispatch: "Legislators focus on sex offenders," April 11, 2007.]</ref> The proposed amendment passed the Missouri State Senate unanimously, but was not passed by the House of Representatives before the end of the 2007 legislative session. If the House of Representatives had passed the measure, it would have had to be approved by voters in the 2008 general election in order to be ratified. Because the House did not pass it in time, however, the end of the legislative session terminated consideration of the proposed constitutional amendment.<ref>"Bill backup clogs waning session", ''The Kansas City Star'', April 9, 2007</ref> The same constitutional amendment was proposed in and passed by the Missouri Senate again in 2008, but also was not passed by the House of Representatives by the end of the 2008 legislative session.<ref>[http://www.senate.mo.gov/08info/BTS_Web/Actions.aspx?SessionType=R&BillID=88 Missouri General Assembly Actions on SJR 34]</ref>
As a result, the decisions of the Supreme Court of Missouri and the Missouri Court of Appeals prohibiting the retrospective application of sex offender laws remain intact.
==See also==
[[:Category:Sex offender registration|Sex offender registration laws]]
*[[Violent and Sex Offender Register]], a non-public UK registry for violent offenders and sex offenders
*[[Megan's Law]], a series of state laws in the United States that require sex offenders to register with the police.
==References==
{{reflist}}
==External links==
*[http://www.familywatchdog.us/ FamilyWatchdog.us National Sex Offender Registry]
*[http://www.nsopr.gov/ US Dept. of Justice sex offender registry]
*[http://www.safe-nz.org.nz/ NZ Sensible Sentencing Trust website], a New Zealand registry of violent and sexual offenders
*[http://publicrecordswire.com/categories/Sex+Offenders Sex offender registry by state on PublicRecordsWire.com]
*[http://www.lookupamerica.com/criminal.php Sex offender registry by zipcode on LookupAmerica.com]
[[Category:Sex offender registration]]