Revision as of 14:20, 9 November 2015 edit2001:558:600a:4b:78c0:a7bd:d471:9409 (talk) →Overview: Correcting a misrepresentation of sources - they don't state or even suggest it's "rare". Absence of evidence is not evidence of absence, and in any event the cites are about two urban centers with a combined population of 5.7 million.← Previous edit | Latest revision as of 12:37, 28 October 2024 edit undoAbsolutiva (talk | contribs)Extended confirmed users2,509 edits WP:BOLDITISTag: 2017 wikitext editor | ||
(269 intermediate revisions by more than 100 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|none}} | |||
{{POV-check|date=October 2015}} | |||
{{Sex offender registries in the United States}} | {{Sex offender registries in the United States}} | ||
In the United States, ] existed at both the federal and state levels. The federal registry is known as the National Sex Offender Public Website (NSOPW) and integrates data in all state, territorial, and tribal registries provided by offenders required to register.<ref name=nsopw>{{cite web|url=https://www.nsopw.gov/about-nsopw|title=Dru Sjodin National Sex Offender Public Website|publisher=]|access-date=2024-03-03|date=2023-08-16}}</ref> Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 ] and the ] maintain sex offender registries that are open to the public via websites; most information on offenders is visible to the public. Public disclosure of offender information varies between the states depending on offenders' designated tier, which may also vary from state to state, or risk assessment result. According to ], as of 2016 there were 859,500 registered ]s in United States.<ref>{{cite web|url=http://www.missingkids.com/en_US/documents/Sex_Offenders_Map.pdf|archive-url=https://web.archive.org/web/20170717203105/http://www.missingkids.com/en_US/documents/Sex_Offenders_Map.pdf|url-status=dead|archive-date=2017-07-17|title=Map of Registered Sex Offenders in the United States|publisher=National Center for Missing and Exploited Children|access-date=2016-01-07}}</ref> | |||
The majority of states and the federal government apply systems based on conviction offenses only, where registration requirement is triggered as a consequence of finding of guilt, or pleading guilty, to a sex offense regardless of the actual gravity of the crime. The trial judge typically can not exercise ] concerning registration.<ref name=Widening>{{cite journal|last1=Harris|first1=A. J.|last2=Lobanov-Rostovsky|first2=C.|last3=Levenson|first3=J. S.|title=Widening the Net: The Effects of Transitioning to the Adam Walsh Act's Federally Mandated Sex Offender Classification System|journal=Criminal Justice and Behavior|date=2 April 2010|volume=37|issue=5|pages=503–519|doi=10.1177/0093854810363889|s2cid=55988358|url=http://ww.ilvoices.com/media/ea99d28960ec776bffff84baffffe415.pdf|url-status=dead|archive-url=https://web.archive.org/web/20150930182129/http://ww.ilvoices.com/media/ea99d28960ec776bffff84baffffe415.pdf|archive-date=30 September 2015}}</ref>{{POV statement||date=November 2015}} Depending on jurisdiction, offenses requiring registration range in their severity from public urination or adolescent sexual experimentation with peers, to violent sex offenses. In some states offenses such as unlawful imprisonment may require sex offender registration.<ref>{{cite news|title=Court keeps man on sex offender list but says 'troubling'|url=http://www.toledonewsnow.com/story/28639772/court-keeps-man-on-sex-offender-list-but-says-troubling|work=Toledo News|date=28 March 2015|archive-url=https://web.archive.org/web/20150402110328/http://www.toledonewsnow.com/story/28639772/court-keeps-man-on-sex-offender-list-but-says-troubling|archive-date=2 April 2015}}</ref> According to ], children as young as 9 have been placed on the registry;<ref name=HRW2> (2012) ] {{ISBN|978-1-62313-0084}}</ref><ref>{{cite news|url=https://www.bostonreview.net/articles/when-kids-are-sex-offenders/|title=When Kids Are Sex Offenders|publisher=Boston Review|date=20 September 2013|access-date=1 September 2023}}</ref> ]s account for 25 percent of registrants.<ref name="senseless">{{cite news |last1=Lehrer |first1=Eli |date=7 September 2015 |title=A Senseless Policy - Take kids off the sex-offender registries. |url=http://www.weeklystandard.com/articles/senseless-policy_1020694.html?page=2 |url-status=dead |archive-url=https://web.archive.org/web/20150902000211/http://www.weeklystandard.com/articles/senseless-policy_1020694.html?page=2 |archive-date=2 September 2015 |access-date=1 September 2015 |work=The Weekly Standard}}</ref> In some states, the length of the registration period is determined by the offense or ]; in others all registration is for life.<ref name=Klaas>{{cite web|url=http://klaaskids.org/megans-law/|title=Megan's Law by State|publisher=Klaas Kids Foundation|access-date=2015-08-21|date=2014-04-14}}</ref> Some states allow removal from the registry under certain specific, limited circumstances.<ref name=Klaas/> Information of juvenile offenders is withheld for law enforcement but may be made public after their 18th birthday.<ref name="Center for Sex Offender Management">{{cite web|title=How do Registration Laws Apply to Juvenile Offenders in Different States?|url=http://www.csom.org/train/juvenile/7/7_4.htm|publisher=Center for Sex Offender Management}}</ref> | |||
'''Sex offender registries in the United States''' exist at both the federal and state levels. They assemble information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via Web sites, although information on some offenders is visible to law enforcement only. According to ], as of 2015 there were 843,260 registered sex offenders in United States.<ref>{{cite web|url=http://www.missingkids.com/en_US/documents/Sex_Offenders_Map.pdf|title=Map of Registered Sex Offenders in the United States|publisher=National Center for Missing and Exploited Children|accessdate=2015-08-21}}</ref> | |||
{{expand section|date=November 2015}} | |||
==Overview== | |||
]; sex offender-free districts appeared as a result of ].]] | |||
Sex Offender Registration and Notification (SORN) has been studied for its impact on the rates of sexual offense recidivism, with the majority of studies demonstrating no impact.<ref>{{cite web|title=Adult Sex Offender Management|url=http://www.smart.gov/pdfs/AdultSexOffenderManagement.pdf|publisher=U.S. Department of Justice|ref=ASAM|page=3}}</ref> The ] has upheld sex offender registration laws both times such laws have been examined by them. Several challenges on parts of state level legislation have been honored by the courts. Legal scholars have challenged the rationale behind the Supreme Court rulings. Perceived problems in legislation has prompted organizations such as ], ], and ], among others, to promote reform. | |||
The majority of states, and the federal government, apply systems based on conviction offenses only, where the requirement to register as a sex offender is a consequence of conviction of or guilty plea to a "sex offense" that triggers a mandatory registration requirement. The trial judge typically can not exercise ], and is barred from considering mitigating factors with respect to registration.<ref name=Widening>{{cite journal|last1=Harris|first1=A. J.|last2=Lobanov-Rostovsky|first2=C.|last3=Levenson|first3=J. S.|title=Widening the Net: The Effects of Transitioning to the Adam Walsh Act's Federally Mandated Sex Offender Classification System|journal=Criminal Justice and Behavior|date=2 April 2010|volume=37|issue=5|pages=503–519|doi=10.1177/0093854810363889|url=http://ww.ilvoices.com/media/ea99d28960ec776bffff84baffffe415.pdf}}</ref>{{NPOV-statement||date=November 2015}} The definition of a registerable sex offense can vary significantly from one jurisdiction to another. | |||
Sex offenders must periodically report in person to their local law enforcement agency and furnish their address, and list of other information such as place of employment and email addresses. The offenders are photographed and fingerprinted by law enforcement, and in some cases ] information is also collected. Registrants are often subject to restrictions that bar them from working or living within a defined distance of schools, parks, and the like; these restrictions can vary from county to county and from one municipality to another. In some cases, restrictions force registrants into homelessness.<ref>{{cite news|title=State Supreme Court overturns sex offender housing rules in San Diego; law could affect Orange County, beyond|url=http://www.ocregister.com/articles/offenders-652781-law-restrictions.html|work=The Orange County Register|date=2 March 2015}}</ref><ref name=tracks>{{cite news|title=Miami Sex Offenders Live on Train Tracks Thanks to Draconian Restrictions|url=http://www.browardpalmbeach.com/news/miami-sex-offenders-live-on-train-tracks-thanks-to-draconian-restrictions-6353588|work=Broward Palm Beach New Times|date=13 March 2014}}</ref><ref>{{cite news|title=Miami sex offenders limited to life under a bridge|url=http://www.tampabay.com/features/humaninterest/miami-sex-offenders-limited-to-life-under-a-bridge/1027668|work=Tampa Bay Times|date=14 August 2009}}</ref> | |||
Depending on jurisdiction, offenses requiring registration range in their severity from public urination or adolescent sexual experimentation with peers, to violent rape and murder of children. In a few states non-sexual offenses such as unlawful imprisonment requires sex offender registration.<ref>{{cite news|title=Court keeps man on sex offender list but says 'troubling'|url=http://www.toledonewsnow.com/story/28639772/court-keeps-man-on-sex-offender-list-but-says-troubling|work=Toledo News|date=28 March 2015|archiveurl=http://web.archive.org/web/20150402110328/http://www.toledonewsnow.com/story/28639772/court-keeps-man-on-sex-offender-list-but-says-troubling|archivedate=2 April 2015}}</ref> According to ], children as young as 9 have been placed on the registry;<ref name=HRW2> (2012) ] ISBN 978-1-62313-0084</ref><ref>{{cite news|url=http://bostonreview.net/blog/youth-sex-offender-registry-hrw|title=When Kids Are Sex Offenders|publisher=Boston Review|date=20 September 2013}}</ref> ]s account for 25 percent of registrants.<ref name=senseless>{{cite news|last1=Lehrer|first1=Eli|title=A Senseless Policy - Take kids off the sex-offender registries.|url=http://www.weeklystandard.com/articles/senseless-policy_1020694.html?page=2|accessdate=1 September 2015|work=The Weekly Standard|date=7 September 2015}}</ref> | |||
States apply differing sets of criteria to determine which registration information is available to the public. In a few states, a judge determines the risk level of the offender, or scientific risk assessment tools are used; information on low-risk offenders may be available to law enforcement only. In other states, all sex offenders are treated equally, and all registration information is available to the public on a state Internet site. In some states, the length of the registration period is determined by the offense or ]; in others all registration is for life.<ref name=Klaas>{{cite web|url=http://klaaskids.org/megans-law/|title=Megan’s Law by State|publisher=Klaas Kids Foundation|access-date=2015-08-21}}</ref> Some states allow removal from the registry under certain specific, limited circumstances.<ref name=Klaas/> | |||
The ] has upheld sex offender registration laws each of the two times such laws have been examined by them. Several challenges to some parts of state level sex offender laws have been honored after hearing at the state level. | |||
==History== | ==History== | ||
In 1947, California became the first state in the United States to have a sex offender registration program.<ref> |
In 1947, ] became the first state in the United States to have a sex offender registration program.<ref>{{cite web|url=http://www.meganslaw.ca.gov/sexreg.aspx?lang=ENGLISH|title=California Megan's Law – California Department of Justice – Office of the Attorney General<!-- Bot generated title -->|url-status=dead|archive-url=https://web.archive.org/web/20151104223242/http://www.meganslaw.ca.gov/sexreg.aspx?lang=ENGLISH|archive-date=2015-11-04}}</ref> ] was prompted by the ] murder case to introduce a bill calling for the formation of a sex offender registry; California became the first U.S. state to | ||
make this mandatory.<ref>{{cite book|last=Katz|first=Hélèna| year= 2010 | title=Cold Cases: Famous Unsolved Mysteries, Crimes, and Disappearances in America|publisher=ABC-CLIO|isbn= 978-0-313-37692-4 |page=190}}</ref> In 1990, ] state began community notification of its most dangerous sex offenders, making it the first state to ever make any sex offender information publicly available. Prior to 1994, only a few states required convicted sex offenders to register their addresses with local law enforcement. The 1990s saw the emergence of several cases of brutal violent sexual offenses against children. Crimes like those of ], ] and ] were highly publicized. As a result, public policies began to focus on protecting public from ].<ref name=wright>{{cite book|last1=Wright|first1=Ph.D Richard G.|title=Sex offender laws : failed policies, new directions|date=2014|publisher=Springer Publishing Co Inc|isbn=9780826196712|pages=50–65|edition=Second|url=https://books.google.com/books?id=Ms75AwAAQBAJ}}</ref> Since the early 1990s, several state and federal laws, often named after victims, have been enacted as a response to public outrage generated by highly publicized, but statistically very rare,<ref name=NYtimes>{{cite news|last1=Lancaster|first1=Roger|title=Panic Leads to Bad Policy on Sex Offenders|url=https://www.nytimes.com/roomfordebate/2013/02/20/too-many-restrictions-on-sex-offenders-or-too-few/panic-leads-to-bad-policy-on-sex-offenders|access-date=26 November 2014|work=The New York Times|date=20 February 2013}}</ref> violent predatory sex crimes against children by strangers.<ref name=wright/> | |||
The registries were implemented not only due to instances of extremely violent sex crimes, but based on studies regarding recidivism of such crimes which, based on a 2003 report, was four times greater than recidivism for those convicted and sentenced for non-sexual related offenses.<ref name=bojs>{{cite web|title=5 Percent of Sex Offenders Rearrested for another Sex Crime within 3 Years of Prison Release|url=http://www.bjs.gov/content/pub/press/rsorp94pr.cfm|publisher=Bureau of Justice Statistics|accessdate=October 25, 2015|date=November 16, 2003}}</ref>{{clarify | date = November 2015 | reason =Poorly written.}} Lack of prison cells have been cited as one of the reasons sex offender registries were implemented, since the average sentencing for such crimes was 8 years and convicted offenders served less than half that period in prison.<ref name=bojs/> In the same 2003 report, of 9,700 prisoners released from prison, 4,300 had had been convicted of child molestation and most were convicted for molesting a child under the age of 13.<ref name=bojs/> Within the three year followup on the 1994 report, nearly 40 percent of those released had been returned to prison for either another sex crime, an unrelated offense or parole violation.<ref name=bojs/> Recidivism has been shown to be more severe with the youngest offenders and less so with those over the age of 35. | |||
In one study of "561 pedophiles who targeted young boys outside the home committed the greatest number of crimes with an average of 281.7 acts with an average of 150.2 partners".<ref name=ncmec>{{cite web|title=Child Molesters: A Behavioral Analysis|url=https://www.ncjrs.gov/pdffiles1/Digitization/149252NCJRS.pdf|publisher=National Center for Missing and Exploited Children|accessdate=October 25, 2015|page=15|format=pdf}}</ref> Only about a third of violent rapes are reported and sex crimes are widely believed to be the most under reported of all criminal offenses, with a reporting rate of barely a third of such offenses. Under polygraph, many apprehended sex offenders indicated that most of their offenses were not reported.<ref>{{cite web|title=Sex Offenders Myths and Facts|url=http://www.criminaljustice.ny.gov/nsor/som_mythsandfacts.htm|publisher=New York State Division of Criminal Justice Services|accessdate=October 25, 2015|date=April 2014}}</ref> In an effort to protect the citizenry, local, state and federal law makers responded to these issues through a variety of legislative enactments. | |||
===Jacob Wetterling Act of 1994=== | ===Jacob Wetterling Act of 1994=== | ||
{{main|Jacob Wetterling Act}} | {{main|Jacob Wetterling Act}} | ||
In 1989, |
In 1989, an 11-year-old boy, ], was abducted from a street in ]. His whereabouts remained unknown for nearly 27 years until remains were discovered just outside ], in 2016. Jacob's mother, ], current chair of ], led a community effort to implement a sex offender registration requirement in Minnesota and, subsequently, nationally. In 1994, Congress passed the ]. If states failed to comply, the states would forfeit 10% of federal funds from the ].{{POV statement||date=November 2015}} The act required each state to create a registry of offenders convicted of qualifying sex offenses and certain other offenses against children and to track offenders by confirming their place of residence annually for ten years after their release into the community or quarterly for the rest of their lives if the sex offender was convicted of a violent sex crime. States had a certain time period to enact the legislation, along with guidelines established by the ].<ref name=wright/>{{explain|date=November 2015}} The registration information collected was treated as private data viewable by law enforcement personnel only, although law enforcement agencies were allowed to release relevant information that was deemed necessary to protect the public concerning a specific person required to register.<ref>{{cite web|title=Violent Crime Control and Law Enforcement Act of 1994|url=http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf|publisher=One Hundred Third Congress of the United States of America|pages=246–247|date=1995}}</ref> Another high-profile case, abuse and ] led to modification of Jacob Wetterling Act.<ref name=wright/> The subsequent laws forcing changes to the sex offenders registries in all 50 states have since troubled Patty Wetterling and she has been vocal about her opposition to including children on the registry as well as allowing full access to the public. In an interview with reporter Madeleine Baran, Wetterling stated, "No more victims, that's the goal. But we let our emotions run away from achieving that goal." In lamenting how we treat sex offenders she stated, "You're screwed. You will not get a job, you will not find housing. This is on your record forever, good luck." She believes that by not allowing sex offenders who have served their time to reintegrate to society we do more harm than good, "I've turned 180 from where I was." <ref>{{cite podcast |url=https://podcasts.apple.com/us/podcast/id1148175292 |title=In the dark|publisher= American Public Media |host= Madeleine Baran |date= October 3, 2016}}</ref> | ||
===Megan's Law of 1996=== | ===Megan's Law of 1996=== | ||
{{main|Megan's Law}} | {{main|Megan's Law}} {{see also|International Megan's Law}} | ||
]; sex offender-free districts appeared as a result of ].]] | |||
In 1994, 7-year-old ] from ] was raped and killed by a recidivist ]. Jesse Timmendequas, who had been convicted of two previous sex crimes against children, lured Megan in his house and raped and killed her. Megan's mother, Maureen Kanka, started to lobby to change the laws, arguing that registration established by the Wetterling Act was insufficient for community protection. Maureen Kanka's goal was to mandate community notification, which under the Wetterling Act had been at the discretion of law enforcement. She said that if she had known that a sex offender lived across the street, Megan would still be alive. In 1994, ] enacted ]. In 1996, President ] enacted a federal version of Megan's Law, as an amendment to the Jacob Wetterling Act. The amendment required all states to implement Registration and Community Notification Laws by the end of 1997. Prior to Megan's death, only 5 states had laws requiring sex offenders to register their personal information with law enforcement. On August 5, 1996 ] was the last state to enact its version of Megan's Law.<ref name=wright/> | |||
===Amber Hagerman Child Protection Act Law of 1996=== | |||
In 1994, 7-year-old ] from ] was raped and killed by a recidivist ]. Jesse Timmenquas, who had been convicted of two previous sex crimes against children, lured Megan in his house and raped and killed her. Megan's mother, Maureen Kanka, started to lobby to change the laws, arguing that registration established by the Wetterling Act, was insufficient for community protection. Maureen Kanka's goal was to mandate community notification, which under the Wetterling Act had been at the discretion of law enforcement. She said that if she had known that a sex offender lived across the street, Megan would still be alive. In 1994, ] enacted ]. In 1996, President ] enacted a federal version of Megan's Law, as an amendment to the Jacob Wetterling Act. The admendment required all states to implement Registration and Community Notification Laws by the end of 1997. Prior to Megan's death, only 5 states had laws requiring sex offenders to register their personal information with law enforcement. On August 5, 1996 ] was the last state to enact its version of Megan's Law.<ref name=wright/> | |||
President ] signed the Amber Hagerman Child Protection Act Law into law in October 1996, creating the ] system and the national sex offender registry.<ref>{{cite news|url=http://www.salem-news.com/articles/january052010/amber_bus.php|title=14 Years After Her Daughter's Death, Donna Norris is Still Protecting Children|publisher=Salem-News|date=January 5, 2010|accessdate=March 17, 2023}}</ref><ref>{{cite web|url=https://definitions.uslegal.com/a/amber-hangerman-child-protection-act/|title=Amber Hangerman Child Protection Act Law and Legal Definition|publisher=uslegal.com|access-date=17 March 2023|date=17 March 2023}}</ref> | |||
===Adam Walsh Act of 2006=== | ===Adam Walsh Act of 2006=== | ||
Line 38: | Line 29: | ||
]; evidence indicated he killed Adam Walsh, and he confessed but then recanted.]] | ]; evidence indicated he killed Adam Walsh, and he confessed but then recanted.]] | ||
The most comprehensive legislation related to the supervision and management of sex offenders is the ] (AWA), named after ], who was kidnapped from a ] shopping mall and killed in 1981, when he was 6 |
The most comprehensive legislation related to the supervision and management of sex offenders is the ] (AWA), named after ], who was kidnapped from a ] shopping mall and killed in 1981, when he was 6 years old. The AWA was signed on the 25th anniversary of his abduction; efforts to establish a national registry was led by ], Adam's father. | ||
One of the significant component of the AWA is the Sex Offender Registration and Notification Act (SORNA). SORNA provides uniform minimum guidelines for registration of sex offenders, regardless of the state they live in. SORNA requires states to widen the number of covered offenses and to include certain classes of juvenile offenders. |
One of the significant component of the AWA is the Sex Offender Registration and Notification Act (SORNA). SORNA provides uniform minimum guidelines for registration of sex offenders, regardless of the state they live in. SORNA requires states to widen the number of covered offenses and to include certain classes of juvenile offenders. Prior to SORNA, states were granted latitude in the methods to differentiate offender management levels. Whereas many states had adopted to use structured ] classification to distinguish "high risk" from "low risk" individuals, SORNA mandates such distinctions to be made solely on the basis of the governing offense.<ref name=AWA_state_survey>{{cite journal|last1=Harris|first1=A. J.|last2=Lobanov-Rostovsky|first2=C.|title=Implementing the Adam Walsh Act's Sex Offender Registration and Notification Provisions: A Survey of the States|journal=Criminal Justice Policy Review|date=22 September 2009|volume=21|issue=2|pages=202–222|doi=10.1177/0887403409346118|s2cid=144231914}}</ref> States are allowed, and often do, exceed the minimum requirements. Scholars have warned that classification system required under Adam Walsh Act is less sophisticated than risk-based approach previously adopted in certain states.<ref name=Widening/><ref name=wright/><ref name=perpetual_panic>{{cite journal|last1=O'Hear|first1=Michael M.|title=Perpetual Panic|journal=Federal Sentencing Reporter|date=2008|volume=21|issue=1|pages=69–77|doi=10.1525/fsr.2008.21.2.69|url=http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1114&context=facpub}}</ref> | ||
Extension in number of covered offenses and making the amendments apply retroactively under SORNA requirements expanded the registries by as much as 500% in some states.<ref>{{cite news|last1=Grinberg|first1=Emanuella|title=5 years later, states struggle to comply with federal sex offender law|url=http://edition.cnn.com/2011/CRIME/07/28/sex.offender.adam.walsh.act/|work=CNN|date=28 July 2011}}</ref> | Extension in number of covered offenses and making the amendments apply ] under SORNA requirements expanded the registries by as much as 500% in some states.<ref>{{cite news|last1=Grinberg|first1=Emanuella|title=5 years later, states struggle to comply with federal sex offender law|url=http://edition.cnn.com/2011/CRIME/07/28/sex.offender.adam.walsh.act/|work=CNN|date=28 July 2011}}</ref> | ||
All states were required comply with SORNA minimum guidelines by July 2009 or risk losing 10% of their funding through the Byrne program.<ref name=wright/>{{ |
All states were required to comply with SORNA minimum guidelines by July 2009 or risk losing 10% of their funding through the ].<ref name=wright/>{{POV statement||date=November 2015}} {{As of|2014|April}}, the ] reports that only 17 states, three territories and 63 tribes had substantially implemented requirements of the Adam Walsh Act.<ref>{{cite web|title=Adam Walsh Child Protection and Safety Act Compliance News|url=http://www.ncsl.org/research/civil-and-criminal-justice/adam-walsh-child-protection-and-safety-act.aspx|publisher=National Conference of State Legislatures}}</ref> | ||
==Registration== | |||
Sex offenders must periodically report in person to their local law enforcement agency and furnish their address, and list of other information such as place of employment and email addresses. The offenders are photographed and fingerprinted by law enforcement, and in some cases ] information is also collected. Registration period depends on the classification level and the law of the governing jurisdiction. | |||
==Classification of offenders== | ==Classification of offenders== | ||
States apply varied methods of classifying registrants. Identical offenses committed in different states may produce different outcomes in terms of public disclosure and registration period. An offender classified as level/tier I offender in one state, with no public notification requirement, might be classified as tier II or tier III offender in another. Sources of variation are diverse, but may be viewed over three dimensions — how classes of registrants are distinguished from one another, the criteria used in the classification process, and the processes applied in classification decisions.<ref name=Widening/> | |||
States apply varied methods of classifying registrants. Identical offenses committed in different states may produce different outcomes in terms of public disclosure and registration period. An offender classified as level/tier I offender in one state, with no public notification requirement, might be classified as tier II or tier III offender in another. Sources of variation are diverse, but may be viewed over three dimensions — how classes of registrants are distinguished from one another, the criteria used in the classification process, and the processes applied in classification decisions.<ref name=Widening/> | |||
The first point of divergence is how states distinguish their registrants. At one end are the states operating single-tier systems that treat registrants equally with respect to reporting, registration duration, notification, and related factors. Alternatively, some states use multi-tier systems, usually with two or three categories that are supposed to reflect presumed public safety risk and, in turn, required levels of attention from law enforcement and the public. Depending on state, registration and notification systems may have special provisions for juveniles, habitual offenders or those deemed “]” by virtue of certain standards.<ref name=Widening/> | |||
The first point of divergence is how states distinguish their registrants. At one end are the states operating single-tier systems that treat registrants equally with respect to reporting, registration duration, notification, and related factors. Alternatively, some states use multi-tier systems, usually with two or three categories that are supposed to reflect presumed public safety risk and, in turn, required levels of attention from law enforcement and the public. Depending on state, registration and notification systems may have special provisions for juveniles, habitual offenders or those deemed "]" by virtue of certain standards.<ref name=Widening/> | |||
The second dimension is the criteria employed in the classification decision. States running offense-based systems use the conviction offense and/or the number of prior offenses as the criteria for tier assignment. Other jurisdictions utilize various ] that consider factors that scientific research has linked to sexual ] risk, such as age, number of prior sex offenses, victim gender, relationship to the victim, and indicators of ] and ]. Finally, some states use a hybrid of offense-based and risk-assessment-based systems for classification. For example, ] law requires minimum terms of registration based on the conviction offense for which the registrant was convicted or adjudicated but also uses a risk assessment for identifying ]s — a limited population deemed to be dangerous and subject to more extensive requirements.<ref name=Widening/> | |||
The second dimension is the criteria employed in the classification decision. States running offense-based systems use the conviction offense or the number of prior offenses as the criteria for tier assignment. Other jurisdictions utilize various ] that consider factors that scientific research has linked to sexual ] risk, such as age, number of prior sex offenses, victim gender, relationship to the victim, and indicators of ] and ]. Finally, some states use a hybrid of offense-based and risk-assessment-based systems for classification. For example, ] law requires minimum terms of registration based on the conviction offense for which the registrant was convicted or adjudicated but also uses a risk assessment for identifying ]s — a limited population deemed to be dangerous and subject to more extensive requirements.<ref name=Widening/> | |||
Third, states distinguishing among registrants use differing systems and processes in establishing tier designations. In general, offense-based classification systems are used for their simplicity and uniformity. They allow classification decisions to be made via administrative or judicial processes. Risk-assessment-based systems, which employ actuarial risk assessment instruments and in some cases clinical assessments, require more of personnel involvement in the process. Some states, like Massachusetts and Colorado, utilize multidisciplinary review boards or ] to establish registrant tiers and/or sexual predator status.<ref name=Widening/> | |||
Third, states distinguishing among registrants use differing systems and processes in establishing tier designations. In general, offense-based classification systems are used for their simplicity and uniformity. They allow classification decisions to be made via administrative or judicial processes. Risk-assessment-based systems, which employ actuarial risk assessment instruments and in some cases clinical assessments, require more of personnel involvement in the process. Some states, like Massachusetts and Colorado, utilize multidisciplinary review boards or ] to establish registrant tiers or sexual predator status.<ref name=Widening/> | |||
In some states, such as Kentucky, Florida, and Illinois, all sex offenders who move into the state and are required to register in their previous home states are required to register for life, regardless their registration period in previous residence.<ref name=illinois>{{cite web|url=http://www.kentuckystatepolice.org/sor.htm#faq |title=Frequently}}</ref> Illinois reclassifies all registrants moving in as a "Sexual Predator".<ref name=illinois/> | |||
In some states, such as Kentucky, Florida, and Illinois, all sex offenders who move into the state and are required to register in their previous home states are required to register for life, regardless of their registration period in previous residence.<ref name=Kentucky>{{cite web|url=http://www.kentuckystatepolice.org/sor.htm#faq |title=Frequently}}</ref> Illinois reclassifies all registrants moving in as a "Sexual Predator". | |||
==Registration process== | |||
Sex offenders are required to register in person with the appropriate law enforcement agency upon conviction of or guilty plea to a sex offense, and must reappear at a regular interval usually determined by the conviction offense and in some cases, by the assigned risk level and whether the resident is homeless.<ref name=Widening/><ref name=Klaas/> A registrant whose residence or other information changes must promptly reappear in person to update the information, for example, under Adam Walsh Act within 3 days of changes.<ref name=wright/> If a registrant moves to another state the registrant may be required to register simultaneously in more than one state; the states' requirements are seldom identical. Information states collect may include ], ]s, ], ], ], ], former living address, address of places where offender habitually lives, name and address of school or institution of higher education, if any, ]s, ]es and other Internet identifiers, ], ]s, ], ], ], ]s, ]s, ], ], ], ], ]s, ]s, ]s, copies of ] and immigration documents, ], ], ], and ]s, sometimes including the vehicles of all other (non-sex offender) persons residing at the same address; ]; every offense for which registrant has been arrested or convicted and date and place of any arrest or conviction. In some states, drivers' licenses and official state identification cards identify the holder as a sex offender.<ref name=Frenze_et_al>{{cite web|title=COLORADO SEX OFFENDER REGISTRATION FORM|url=https://www.colorado.gov/apps/cdps/sor/resources/forms/REGISTRATION_FORM.pdf|publisher=Colorado Bureau of Investigation}}</ref><ref>{{cite web|title=HOUSE BILL 570|url=http://www.nmlegis.gov/Sessions/13%20Regular/bills/house/HB0570.html|publisher=51st legislature - STATE OF NEW MEXICO - first session, 2013}}</ref> | |||
==Public notification== | ==Public notification== | ||
States also differ with respect to public disclosure of offender information. In some jurisdictions all sex offenders are subject to public notification through newspapers, posters, email, or Internet-accessible database. However in others, only information on high-risk offenders is publicly available, and the complete lists are withheld for law enforcement only.<ref name=Klaas/> | |||
States apply differing sets of criteria to determine which registration information is available to the public. In a few states, a judge determines the risk level of the offender, or scientific risk assessment tools are used; information on low-risk offenders may be available to law enforcement only. In other states, all sex offenders are treated equally, and all registration information is available to the public on a state Internet site. Information of juvenile offenders are withheld for law enforcement but may be made public after their 18th birthday.<ref name="Center for Sex Offender Management"/> | |||
In ] compliant states, only ''tier I'' registrants may be excluded from public disclosure, but since SORNA merely sets the minimum set of rules that states must follow, many SORNA compliant states have opted to disclose information of all tiers. Some states have disclosed some of ''tier I'' offenders,<ref>{{cite news|title=Michigan's sex offender registry would put more crimes involving minors online under advancing legislation|url=http://www.mlive.com/politics/index.ssf/2013/02/sex_offender_registry_michigan.html|accessdate=13 November 2014|publisher=Mlive}}</ref> while in some states all ''tier I'' offenders are excluded from public disclosure.<ref name=Klaas/> | |||
Disparities in state legislation have caused some registrants moving across state lines becoming subject to public disclosure and longer registration periods under the destination state's laws.<ref name=picayune>{{cite news|last1=Daley|first1=Ken|title=Alabama sex offender files suit challenging Louisiana registry laws in federal court|url=http://www.nola.com/crime/index.ssf/2015/04/alabama_sex_offender_files_sui.html|work=The Times-Picayune|date=21 April 2015|archiveurl=http://web.archive.org/web/20150706112041/http://www.nola.com/crime/index.ssf/2015/04/alabama_sex_offender_files_sui.html|archivedate=6 July 2015}}</ref> These disparities have also prompted some registrants to move from state to another in order to avoid public notification.<ref>{{cite news|title=Portland: Sex offender magnet?|url=http://portlandtribune.com/pt/9-news/128257-portland-sex-offender-magnet|work=Portland Tribune|date=14 February 2013}}</ref> | |||
Under federal ], only ''tier I'' registrants may be excluded from public disclosure, with exemption of those convicted of "specified offense against a minor."<ref>{{cite web|title=Registry Requirement FAQs|url=http://www.smart.gov/faqs/faq_requirement.htm|publisher=Office of Sex Offender Sentencing, Monitoring, Apprehending|access-date=4 December 2015}}</ref> Since SORNA merely sets the minimum set of rules the states must follow, many SORNA compliant states have opted to disclose information of all tiers.<ref name=Klaas/> | |||
==Exclusion zones== | |||
Laws restricting where registered sex offenders may live or work have became increasingly common since 2005.<ref name=proximity>{{cite journal|last1=Zandbergen|first1=P. A.|last2=Levenson|first2=J. S.|last3=Hart|first3=T. C.|title=Residential Proximity to Schools and Daycares: An Empirical Analysis of Sex Offense Recidivism|journal=Criminal Justice and Behavior|date=2 April 2010|volume=37|issue=5|pages=482–502|doi=10.1177/0093854810363549}}</ref><ref name=fedprobation>{{cite journal|last1=Levenson|first1=Jill|last2=Zgoba|first2=Kristen|last3=Tewksbury|first3=Richard|title=Sex Offender Residence Restrictions: Sensible Policy or Flawed Logic?|journal=Federal Probation|volume=71|issue=3|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/fedpro71&div=4&id=&page=}}</ref> At least 30 states have enacted statewide residency restrictions prohibiting registrants from living within certain distances of ]s, ]s, ]s, school ], or other places where children may congregate.<ref name=impact_residence_restrictions>{{cite journal|last1=Levenson|first1=J. S.|title=The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?|journal=International Journal of Offender Therapy and Comparative Criminology|date=1 April 2005|volume=49|issue=2|pages=168–178|doi=10.1177/0306624X04271304|url=http://www.innovations.harvard.edu/sites/default/files/105331.pdf}}</ref> Distance requirements range from {{convert|500|to|2500|ft}}, but most start at least {{convert|1000|ft|abbr=on}} from designated boundaries. In addition, hundreds of counties and municipalities have passed local ordinances exceeding the state requirements,<ref name=impact_residence_restrictions/><ref name=HRW>{{cite web|title=No Easy Answers: Sex Offender Laws in the US|url=https://www.hrw.org/report/2007/09/11/no-easy-answers/sex-offender-laws-us|publisher=Human Right Watch|date=11 September 2007}}</ref> and some local communities have created exclusion zones around ], ]s, ]s, ], ]s, ]s or other "recreational facilities" such as ]s, ]s, ]s, ]s and gymnasiums, regardless whether publicly or privately owned.<ref name=banishment>{{cite journal|last1=Yung|first1=Corey R.|title=Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders|journal=Washington University Law Review|date=January 2007|volume=85|page=101|url=http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1144&context=law_lawreview}}</ref><ref name=HRW/> Although restrictions are tied to distances from areas where children may congregate, most states apply exclusion zones to all registrants.<ref name=banishment/><ref name=malden>{{cite web|title=SECTION 7.24 RESTRICTIONS ON REGISTERED SEX OFFENDERS|url=http://www.cityofmalden.org/ordinances/section-724-restrictions-registered-sex-offenders/section-724-restrictions-registered-sex|publisher=City of Malden|accessdate=6 October 2015}}</ref> In 2007 report, the ] identified only 4 states limiting restrictions to those convicted of sex crimes involving minors. The report also found that laws preclude registrants from ]s within restriction areas.<ref name=HRW/> In 2005, some localities in Florida banned sex offenders from public hurricane shelters during ].<ref name=banishment/> In 2007 ] city council considered banning registrants from moving in the city.<ref>{{cite news|title=Tampa wants to keep sex offenders outside city limits|url=http://www.sptimes.com/2007/01/19/Hillsborough/Tampa_wants_to_keep_s.shtml|work=Tampa Bay Times|date=19 January 2007}}</ref> | |||
Disparities in state legislation have caused some registrants moving across state lines becoming subject to public disclosure and longer registration periods under the destination state's laws.<ref name=picayune>{{cite news|last1=Daley|first1=Ken|title=Alabama sex offender files suit challenging Louisiana registry laws in federal court|url=http://www.nola.com/crime/index.ssf/2015/04/alabama_sex_offender_files_sui.html|work=The Times-Picayune|date=21 April 2015|archive-url=https://web.archive.org/web/20150706112041/http://www.nola.com/crime/index.ssf/2015/04/alabama_sex_offender_files_sui.html|archive-date=6 July 2015}}</ref> These disparities have also prompted some registrants to move from one state to another in order to avoid stricter rules of their original state.<ref>{{cite news|title=Portland: Sex offender magnet?|url=http://portlandtribune.com/pt/9-news/128257-portland-sex-offender-magnet|work=Portland Tribune|date=14 February 2013}}</ref> | |||
Restrictions may effectively cover entire cities, leaving small "pockets" of allowed places of residency. Residency restrictions in ] in 2006 covered more than 97% of rental housing area in ].<ref>{{cite news|last1=Keegan|first1=Kyle|last2=Saavedra|first2=Tony|title=State Supreme Court overturns sex offender housing rules in San Diego; law could affect Orange County, beyond|url=http://www.ocregister.com/articles/offenders-652781-law-restrictions.html|work=The Orange County Register|date=2 March 2015}}</ref> In an attempt to ] registrants from living in communities, localities have built small "pocket parks" to drive registrants out of the area.<ref>{{cite news|last1=Suter|first1=Leanne|title='Pocket parks' leave sex offenders questioning where to live|url=http://abc7.com/archive/9029894/|work=ABC7|date=15 March 2013}}</ref><ref>{{cite news|last1=Lovett|first1=Ian|title=Neighborhoods Seek to Banish Sex Offenders by Building Parks|url=http://www.nytimes.com/2013/03/10/us/building-tiny-parks-to-drive-sex-offenders-away.html?_r=0|work=The New York Times|date=9 March 2013}}</ref><ref>{{cite news|last1=Jennings|first1=Angel|title=L.A. sees parks as a weapon against sex offenders|url=http://articles.latimes.com/2013/feb/28/local/la-me-parks-sex-offenders-20130301|work=Los Angeles Times|date=28 February 2013}}</ref> In 2007, journalists reported that registered sex offenders were living under the ] in ] because the state laws and ] ordinances banned them from living elsewhere.<ref>{{cite news|title=Florida housing sex offenders under bridge|url=http://www.cnn.com/2007/LAW/04/05/bridge.sex.offenders/index.html|work=CNN|date=6 April 2007}}</ref><ref name=wp_colony>{{cite news|title=Laws to Track Sex Offenders Encouraging Homelessness|url=http://www.washingtonpost.com/wp-dyn/content/article/2008/12/26/AR2008122601722.html|work=The Washington Post|date=27 December 2008}}</ref> Encampment of 140 registrants is known as ].<ref>{{cite news|last1=Samuels|first1=Robert|title=Sex offenders seek housing after closing of camp under the Julia Tuttle Causeway|url=http://articles.sun-sentinel.com/2010-07-27/news/fl-tuttle-sex-offenders-20100727_1_residency-restrictions-offenders-housing|work=The Sun-Sentinel|date=27 July 2010}}</ref><ref name=colony>{{cite news|title=From Julia Tuttle bridge to Shorecrest street corner: Miami sex offenders again living on street|url=http://www.palmbeachpost.com/news/news/crime-law/from-julia-tuttle-bridge-to-shorecrest-street-corn/nLhZz/|work=Palm Beach Post|date=12 March 2012}}</ref> The colony generated international coverage and criticism around the country.<ref>{{cite news|last1=Häntzschel|first1=Jörg|title=USA: Umgang mit Sexualstraftätern - Verdammt in alle Ewigkeit|url=http://www.sueddeutsche.de/kultur/usa-umgang-mit-sexualstraftaetern-verdammt-in-alle-ewigkeit-1.32920|work=Süddeutsche Zeitung|date=17 May 2010}}</ref><ref name=colony/> The colony was disbanded in 2010 when the city found acceptable housing in the area for the registrants, but reports five years later indicated that some registrants were still living on streets or alongside railroad tracks.<ref name=colony/><ref name=tracks/> As of 2013 ], was faced with a situation where 40 sex offenders were living in two cramped trailers, which were regularly moved between isolated locations around the county by the officials, due to local living restrictions.<ref name=NYT02413>{{cite news|title=In 2 Trailers, the Neighbors Nobody Wants|url=http://www.nytimes.com/2013/02/05/nyregion/suffolk-county-still-struggling-to-house-sex-offenders.html|accessdate=5 February 2013|newspaper=The New York Times|date=4 February 2013|author=Michael Schwirtz}}</ref><ref name=NYT021707>{{cite news|title=Suffolk County to Keep Sex Offenders on the Move|url=http://www.nytimes.com/2007/02/17/nyregion/17sex.html|accessdate=5 February 2013|newspaper=The New York Times|date=17 February 2007|author=Corey Kilgannon|quote=Now officials of this county on Long Island say they have a solution: putting sex offenders in trailers to be moved regularly around the county, parked for several weeks at a time on public land away from residential areas and enforcing stiff curfews.}}</ref> | |||
==Exclusion zones== | |||
Some communities have ] and/or travel restrictions which prohibit registrants from being within certain distance of certain facilities if they don't have legitimate reason to be there.<ref name=banishment/> In some localities sex offenders are banned from entering any city park, playground or other recreational facilities, even with their own children. Restrictions may bar registrants from picking their children from school or attending parent-child activities with their own children.<ref>{{cite news|title=Sex offender fights restraint law - Challenges Hartford City child safety zones|url=http://www.journalgazette.net/news/local/courts/Sex-offender-fights-restraint-law-5534918|work=The Journal Gazette|date=15 March 2015}}</ref><ref>{{cite news|title=Orange County's war on sex offenders|url=http://articles.latimes.com/2011/may/13/opinion/la-ed-sexoffenders-20110513|work=Los Angeles Times|date=13 May 2011}}</ref> In 2006 ] adopted a law which prohibits sex offenders from attending treatment facility “within one thousand feet...of the property line of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public".<ref>{{cite web|title=2006 Public Acts Chapter 890 - State of Tennessee|url=http://tennessee.gov/sos/acts/104/pub/pc0890.pdf|publisher=GENERAL ASSEMBLY OF THE STATE OF TENNESSEE}}</ref><ref name=banishment/> | |||
{{external media | |||
| float = right | |||
===Additional restrictions=== | |||
| width = 258px | |||
The State of Missouri restricts the activities of registrants on ], requiring them to avoid Halloween-related contact with children and remain at their regristered home address from 5 p.m. to 10:30 p.m., unless they are required to work that evening. Regardless of whether they are at work, offenders must extinguish all outside residential lighting and post a sign stating, "No candy or treats at this residence".<ref name="Missouri Senate bill">, Missouri Senate bill modifies various provisions relating to sexual offenses</ref> | |||
| image1 = in ] prior to September 23, 2017. Red and orange highlights denoted the areas where certain registered sex offenders could not reside within the city<ref>{{cite web|title=Sex Offender Ordinance|url=http://city.milwaukee.gov/cityclerk/News-Slider/Sex-Offender-Ordinance.htm#.WgJFp2i0NPY|website=city.milwaukee.gov|language=en|url-status=dead|archive-url=https://web.archive.org/web/20171108095949/http://city.milwaukee.gov/cityclerk/News-Slider/Sex-Offender-Ordinance.htm#.WgJFp2i0NPY|archive-date=2017-11-08}}</ref><ref>{{cite news|title=Milwaukee Common Council votes to lift sex offender residency restrictions|url=http://www.jsonline.com/story/news/local/milwaukee/2017/09/06/milwaukee-common-council-votes-lift-sex-offender-residency-restrictions/638400001/|work=Milwaukee Journal Sentinel|date=6 September 2017|language=en}}</ref>] | |||
}} | |||
Some states have ] laws, which allow very-high-risk sex offenders to be placed in ] or forced to live under very heavy supervision after the end of their normal sentences.{{cite needed|date=November 2015}} | |||
Laws restricting where registered sex offenders may live or work have become increasingly common since 2005.<ref name=proximity>{{cite journal|last1=Zandbergen|first1=P. A.|last2=Levenson|first2=J. S.|last3=Hart|first3=T. C.|title=Residential Proximity to Schools and Daycares: An Empirical Analysis of Sex Offense Recidivism|journal=Criminal Justice and Behavior|date=2 April 2010|volume=37|issue=5|pages=482–502|doi=10.1177/0093854810363549|s2cid=56267056}}</ref><ref name=fedprobation>{{cite journal|last1=Levenson|first1=Jill|last2=Zgoba|first2=Kristen|last3=Tewksbury|first3=Richard|title=Sex Offender Residence Restrictions: Sensible Policy or Flawed Logic?|journal=Federal Probation|volume=71|issue=3|pages=2|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/fedpro71&div=4&id=&page=|year=2007}}</ref> At least 30 states have enacted statewide residency restrictions prohibiting registrants from living within certain distances of ]s, ]s, ]s, school ], or other places where children may congregate.<ref name=impact_residence_restrictions>{{cite journal|last1=Levenson|first1=J. S.|title=The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?|journal=International Journal of Offender Therapy and Comparative Criminology|date=1 April 2005|volume=49|issue=2|pages=168–178|doi=10.1177/0306624X04271304|pmid=15746268|url=http://www.innovations.harvard.edu/sites/default/files/105331.pdf|citeseerx=10.1.1.489.5943|s2cid=42407834}}</ref> Distance requirements range from {{convert|500|to|2500|ft}}, but most start at least {{convert|1000|ft|abbr=on}} from designated boundaries. In addition, hundreds of counties and municipalities have passed local ordinances exceeding the state requirements,<ref name=impact_residence_restrictions/><ref name=HRW>{{cite web|title=No Easy Answers: Sex Offender Laws in the US|url=https://www.hrw.org/report/2007/09/11/no-easy-answers/sex-offender-laws-us|publisher=Human Right Watch|date=11 September 2007}}</ref> and some local communities have created exclusion zones around ], ]s, ]s, ], ]s, ]s or other "recreational facilities" such as ]s, ]s, ]s, ]s, ]s and gymnasiums, regardless of whether publicly or privately owned.<ref name=HRW/><ref name=banishment>{{cite journal|last1=Yung|first1=Corey R.|title=Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders|journal=Washington University Law Review|date=January 2007|volume=85|page=101|url=http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1144&context=law_lawreview}}</ref> Although restrictions are tied to distances from areas where children may congregate, most states apply exclusion zones to offenders even though their crimes did not involve | |||
children.<ref name=banishment/><ref name=malden>{{cite web|title=SECTION 7.24 RESTRICTIONS ON REGISTERED SEX OFFENDERS|url=http://www.cityofmalden.org/ordinances/section-724-restrictions-registered-sex-offenders/section-724-restrictions-registered-sex|publisher=City of Malden|access-date=6 October 2015}}</ref> In a 2007 report, ] identified only four states limiting restrictions to those convicted of sex crimes involving minors. The report also found that laws preclude registrants from ]s within restriction areas.<ref name=HRW/> In 2005, some localities in Florida banned sex offenders from public hurricane shelters during the ].<ref name=banishment/> In 2007, ]'s city council considered banning registrants from moving in the city.<ref>{{cite news|title=Tampa wants to keep sex offenders outside city limits|url=http://www.sptimes.com/2007/01/19/Hillsborough/Tampa_wants_to_keep_s.shtml|work=Tampa Bay Times|date=19 January 2007}}</ref> | |||
Restrictions may effectively cover entire cities, leaving small "pockets" of allowed places of residency. Residency restrictions in ] in 2006 covered more than 97% of rental housing area in ].<ref>{{cite news|last1=Keegan|first1=Kyle|last2=Saavedra|first2=Tony|title=State Supreme Court overturns sex offender housing rules in San Diego; law could affect Orange County, beyond|url=http://www.ocregister.com/articles/offenders-652781-law-restrictions.html|work=The Orange County Register|date=2 March 2015}}</ref> In an attempt to ] registrants from living in communities, localities have built small "pocket parks" to drive registrants out of the area.<ref>{{cite news|last1=Suter|first1=Leanne|title='Pocket parks' leave sex offenders questioning where to live|url=http://abc7.com/archive/9029894/|work=ABC7|date=15 March 2013}}</ref><ref>{{cite news|last1=Lovett|first1=Ian|title=Neighborhoods Seek to Banish Sex Offenders by Building Parks|url=https://www.nytimes.com/2013/03/10/us/building-tiny-parks-to-drive-sex-offenders-away.html?_r=0|work=The New York Times|date=9 March 2013}}</ref><ref>{{cite news|last1=Jennings|first1=Angel|title=L.A. sees parks as a weapon against sex offenders|url=https://www.latimes.com/local/la-xpm-2013-feb-28-la-me-parks-sex-offenders-20130301-story.html|work=Los Angeles Times|date=28 February 2013}}</ref> In 2007, journalists reported that registered sex offenders were living under the ] in ] because the state laws and ] ordinances banned them from living elsewhere.<ref>{{cite news|title=Florida housing sex offenders under bridge|url=http://www.cnn.com/2007/LAW/04/05/bridge.sex.offenders/index.html|work=CNN|date=6 April 2007}}</ref><ref name=wp_colony>{{cite news|title=Laws to Track Sex Offenders Encouraging Homelessness|url=https://www.washingtonpost.com/wp-dyn/content/article/2008/12/26/AR2008122601722.html|newspaper=The Washington Post|date=27 December 2008}}</ref> Encampment of 140 registrants is known as ].<ref>{{cite news|last1=Samuels|first1=Robert|title=Sex offenders seek housing after closing of camp under the Julia Tuttle Causeway|url=http://articles.sun-sentinel.com/2010-07-27/news/fl-tuttle-sex-offenders-20100727_1_residency-restrictions-offenders-housing|archive-url=https://web.archive.org/web/20100730114446/http://articles.sun-sentinel.com/2010-07-27/news/fl-tuttle-sex-offenders-20100727_1_residency-restrictions-offenders-housing|url-status=dead|archive-date=July 30, 2010|work=The Sun-Sentinel|date=27 July 2010}}</ref><ref name=colony>{{cite news|title=From Julia Tuttle bridge to Shorecrest street corner: Miami sex offenders again living on street|url=http://www.palmbeachpost.com/news/news/crime-law/from-julia-tuttle-bridge-to-shorecrest-street-corn/nLhZz/|work=Palm Beach Post|date=12 March 2012}}</ref> The colony generated international coverage and criticism around the country.<ref name=colony/><ref>{{cite news|last1=Häntzschel|first1=Jörg|title=USA: Umgang mit Sexualstraftätern - Verdammt in alle Ewigkeit|url=http://www.sueddeutsche.de/kultur/usa-umgang-mit-sexualstraftaetern-verdammt-in-alle-ewigkeit-1.32920|work=Süddeutsche Zeitung|date=17 May 2010}}</ref> The colony was disbanded in 2010 when the city found acceptable housing in the area for the registrants, but reports five years later indicated that some registrants were still living on streets or alongside railroad tracks.<ref name=colony/><ref name=tracks>{{cite news|title=Miami Sex Offenders Live on Train Tracks Thanks to Draconian Restrictions|url=http://www.browardpalmbeach.com/news/miami-sex-offenders-live-on-train-tracks-thanks-to-draconian-restrictions-6353588|work=Broward Palm Beach New Times|date=13 March 2014}}</ref> As of 2013 ], was faced with a situation where 40 sex offenders were living in two cramped trailers, which were regularly moved between isolated locations around the county by the officials, due to local living restrictions.<ref name=NYT02413>{{cite news|title=In 2 Trailers, the Neighbors Nobody Wants|url=https://www.nytimes.com/2013/02/05/nyregion/suffolk-county-still-struggling-to-house-sex-offenders.html|access-date=5 February 2013|newspaper=The New York Times|date=4 February 2013|author=Michael Schwirtz}}</ref><ref name=NYT021707>{{cite news|title=Suffolk County to Keep Sex Offenders on the Move|url=https://www.nytimes.com/2007/02/17/nyregion/17sex.html|access-date=5 February 2013|newspaper=The New York Times|date=17 February 2007|author=Corey Kilgannon|quote=Now officials of this county on Long Island say they have a solution: putting sex offenders in trailers to be moved regularly around the county, parked for several weeks at a time on public land away from residential areas and enforcing stiff curfews.}}</ref> | |||
Facebook and Twitter prohibit any convicted sex offender from accessing and/or contributing to their websites.<ref>{{cite web|title=Statement of Rights and Responsibilities|url=https://www.facebook.com/legal/terms|publisher=Facebook|accessdate=26 April 2013|date=11 December 2012}}</ref> | |||
==Effectiveness== | ==Effectiveness== | ||
{{main|Effectiveness of sex offender registration policies in the United States}} | |||
Sex offender registration and notification laws are highly accepted by the public, who believe that knowing the location of sex offenders residence may improve their ability to guard themselves and their children from sexual victimization.<ref name=Public_Awareness_&_Action>{{cite journal|last1=Anderson|first1=A. L.|last2=Sample|first2=L. L.|title=Public Awareness and Action Resulting From Sex Offender Community Notification Laws|journal=Criminal Justice Policy Review|date=4 April 2008|volume=19|issue=4|pages=371–396|doi=10.1177/0887403408316705|url=http://www.researchgate.net/profile/Amy_Anderson10/publication/241289502_Public_Awareness_and_Action_Resulting_From_Sex_Offender_Community_Notification_Laws/links/02e7e52865b173c4eb000000.pdf}}</ref><ref name=publicperceptions>{{cite journal|last1=Levenson|first1=Jill S.|last2=Brannon|first2=Yolanda N.|last3=Fortney|first3=Timothy|last4=Baker|first4=Juanita|title=Public Perceptions About Sex Offenders and Community Protection Policies|journal=Analyses of Social Issues and Public Policy|date=12 April 2007|volume=7|issue=1|pages=1-25|doi=10.1111/j.1530-2415.2007.00119.x|url=http://s3.amazonaws.com/academia.edu.documents/30522263/publicperceptions_asap_7.pdf?AWSAccessKeyId=AKIAJ56TQJRTWSMTNPEA&Expires=1442255786&Signature=4DpiA3X7zyVAIV%2BIxexwg2fDfbk%3D&response-content-disposition=inline}}</ref> Empirical observations do not typically support this assumption, however. Majority of research results do not find significant shift in sexual offense trends following the implementation of sex offender registration and notification (SORN) regimes.<ref name=collateral_family/><ref name=influence>{{cite journal|last1=Vasquez|first1=B. E.|last2=Maddan|first2=S.|last3=Walker|first3=J. T.|title=The Influence of Sex Offender Registration and Notification Laws in the United States: A Time-Series Analysis|journal=Crime & Delinquency|date=26 October 2007|volume=54|issue=2|pages=175–192|doi=10.1177/0011128707311641|url=http://cad.sagepub.com/content/early/2008/02/07/0011128707311641.short}}</ref><ref name=recidivism&reintegration>{{cite journal|last1=Zevitz|first1=Richard G.|title=Sex Offender Community Notification: Its Role in Recidivism and Offender Reintegration|journal=Criminal Justice Studies|date=June 2006|volume=19|issue=2|pages=193–208|doi=10.1080/14786010600764567|url=http://www.tandfonline.com/doi/abs/10.1080/14786010600764567}}</ref><ref name=Prescott&Rockoff>{{cite journal|last1=Prescott|first1=J.J.|last2=Rockoff|first2=Jonah E.|title=Do Sex Offender Registration and Notification Laws Affect Criminal Behavior?|journal=Journal of Law and Economics|date=February 2011|volume=54|issue=1|pages=161–206|doi=10.1086/658485|url=http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1079&context=articles}}</ref> A few studies indicate that sexual recidivism may have been lowered by SORN policies.<ref name=minnesota>{{cite journal|last1=DUWE|first1=GRANT|last2=DONNAY|first2=WILLIAM|title=THE IMPACT OF MEGAN'S LAW ON SEX OFFENDER RECIDIVISM: THE MINNESOTA EXPERIENCE|journal=Criminology|date=May 2008|volume=46|issue=2|pages=411–446|doi=10.1111/j.1745-9125.2008.00114.x|url=http://onlinelibrary.wiley.com/doi/10.1111/j.1745-9125.2008.00114.x/abstract}}</ref><ref name=washington>{{cite web|title=Sex offender sentencing in Washington State: Has community notification reduced recidivism?|url=http://www.wsipp.wa.gov/ReportFile/919|publisher=Washington State Institute for Public Policy|date=December 2005}}</ref> Particularly, the states where community notification has indicated of having any effectiveness employ empirically derived risk assessment procedures and apply public notification only on high risk offenders.<ref name=atsa>{{cite web|title=The Registration and Community Notification of Adult Sexual Offenders|url=http://www.atsa.com/registration-and-community-notification-adult-sexual-offenders|publisher=The Association for the Treatment of Sexual Abusers}}</ref> | |||
Evidence to support the effectiveness of public sex offender registries is limited and mixed.<ref name=somapi_sec1_ch8>{{cite web|author1=Office of Justice Programs|author-link1=Office of Justice Programs|title=Chapter 8: Sex Offender Management Strategies|url=http://www.smart.gov/SOMAPI/sec1/ch8_strategies.html|publisher=Office of Justice Programs - Sex Offender Management and Planning Initiative (SOMAPI)|date=2012}}</ref> Majority of research results do not find ] shift in sexual offense ] following the implementation of sex offender registration and notification (SORN) regimes.<ref name=collateral_family>{{cite journal|last1=Levenson|first1=Jill|last2=Tewksbury|first2=Richard|title=Collateral Damage: Family Members of Registered Sex Offenders|journal=American Journal of Criminal Justice|date=15 January 2009|volume=34|issue=1–2|pages=54–68|doi=10.1007/s12103-008-9055-x|url=http://www.csor-home.org/wp-content/uploads/2014/01/Collateral-Damage-Family-Members-of-Registered-Sex-Offenders.pdf|citeseerx=10.1.1.615.3651|s2cid=146412299}}</ref><ref name=influence>{{cite journal|last1=Vasquez|first1=B. E.|last2=Maddan|first2=S.|last3=Walker|first3=J. T.|title=The Influence of Sex Offender Registration and Notification Laws in the United States: A Time-Series Analysis|journal=Crime & Delinquency|date=26 October 2007|volume=54|issue=2|pages=175–192|doi=10.1177/0011128707311641|s2cid=53318656}}</ref><ref name=recidivism&reintegration>{{cite journal|last1=Zevitz|first1=Richard G.|title=Sex Offender Community Notification: Its Role in Recidivism and Offender Reintegration|journal=Criminal Justice Studies|date=June 2006|volume=19|issue=2|pages=193–208|doi=10.1080/14786010600764567|s2cid=144828566}}</ref><ref name=Prescott&Rockoff>{{cite journal|last1=Prescott|first1=J.J.|last2=Rockoff|first2=Jonah E.|title=Do Sex Offender Registration and Notification Laws Affect Criminal Behavior?|journal=Journal of Law and Economics|date=February 2011|volume=54|issue=1|pages=161–206|doi=10.1086/658485|url=http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1079&context=articles|citeseerx=10.1.1.363.1170|s2cid=1672265}}</ref> A few studies indicate that ] may have been lowered by SORN policies,<ref name=minnesota>{{cite journal|last1=DUWE|first1=GRANT|last2=DONNAY|first2=WILLIAM|title=The Impact of Megan's Law on Sex Offender Recidivism: The Minnesota Experience|journal=Criminology|date=May 2008|volume=46|issue=2|pages=411–446|doi=10.1111/j.1745-9125.2008.00114.x}}</ref><ref name=washington>{{cite web|title=Sex offender sentencing in Washington State: Has community notification reduced recidivism?|url=http://www.wsipp.wa.gov/ReportFile/919|publisher=Washington State Institute for Public Policy|date=December 2005}}</ref> while a few have found statistically significant increase in sex crimes following SORN implementation.<ref name=somapi_sec1_ch8/><ref name=SD>{{cite news|title=Studies question effectiveness of sex offender laws|url=https://www.sciencedaily.com/releases/2011/08/110830165016.htm|work=Science Daily|date=30 August 2011}}</ref> | |||
According to the ]' SMART Office, sex offender registration and notification requirements arguably have been implemented in the absence of empirical evidence regarding their effectiveness.<ref name=somapi_sec1_ch8/> | |||
According to SMART Office, there is no empirical support for the effectiveness of residence restrictions. In fact, a number of negative unintended consequences have been empirically identified that may aggravate rather than mitigate offender risk.<ref name=somapi_sec1_ch8/> | |||
According to the ] Editorial Board, "there is not a single piece of evidence" that sex offender residency restrictions make children safer.{{NPOV-statement||date=November 2015}} ] found that the restrictions reduce safety, by driving sex offenders into ], which makes them harder to monitor and less likely to receive rehabilitative services.<ref>"The Pointless Banishment of Sex Offenders," New York Times, September 8, 2015.</ref> | |||
==Debate== | |||
According to Sondra Miller, president of the Cleveland Rape Crisis Center, "the registry gives the appearance that our community is safer, but we really question whether it lives up to that expectation." It is well-established that the vast majority of incidents of child abuse are committed by people the child already knows: a family member or relative, a family friend, someone in a position of authority like a teacher or religious leader. {{NPOV-statement||date=November 2015}} Only a small minority is committed by strangers. First-time offenders are by definition not on the registry.<ref>Ida Lieszkovszky, "Sex offender registries draw criticism from some unlikely sources", cleveland.com (]), http://www.cleveland.com/court-justice/index.ssf/2015/10/advocates_on_both_sides_say_se.html</ref> | |||
According to a 2007 study, the majority of the general public perceives ] to be ''very high'' and views offenders as a ] group regarding that risk. Consequently, the study found that a majority of the public endorses broad community notification and related policies.<ref name=public_perceptions>{{cite journal|last1=Levenson|first1=Jill S.|last2=Brannon|first2=Yolanda N.|last3=Fortney|first3=Timothy|last4=Baker|first4=Juanita|title=Public Perceptions About Sex Offenders and Community Protection Policies|journal=Analyses of Social Issues and Public Policy|date=12 April 2007|volume=7|issue=1|page=6|doi=10.1111/j.1530-2415.2007.00119.x|url=https://www.innovations.harvard.edu/sites/default/files/105361.pdf}}</ref> Proponents of the public registries and residency restrictions believe them to be useful tools to protect themselves and their children from sexual victimization.<ref name=public_perceptions/><ref name=Public_Awareness_&_Action>{{cite journal|last1=Anderson|first1=A. L.|last2=Sample|first2=L. L.|title=Public Awareness and Action Resulting From Sex Offender Community Notification Laws|journal=Criminal Justice Policy Review|date=4 April 2008|volume=19|issue=4|pages=371–396|doi=10.1177/0887403408316705|url=https://www.researchgate.net/publication/241289502|citeseerx=10.1.1.544.7814|s2cid=145080393}}</ref> | |||
Critics of the laws point to the lack of evidence to support the effectiveness of sex offender registration policies. They call the laws too harsh and unfair for adversely affecting the lives of registrants decades after completing their initial ], and for affecting their families as well. Critics say that registries are overly broad as they reach to non-violent offenses, such as sexting or consensual teen sex, and fail to distinguish those who are not a danger to society from predatory offenders.<ref name=nyt>{{cite news|title=Teenager's Jailing Brings a Call to Fix Sex Offender Registries|url=https://www.nytimes.com/2015/07/05/us/teenagers-jailing-brings-a-call-to-fix-sex-offender-registries.html?partner=rss&emc=rss&_r=1|work=The New York Times|date=4 July 2015}}</ref><ref>{{cite news|title=The Today Show Weighs In on Our "Accidental Sex Offender" Story|url=http://www.marieclaire.com/culture/a6372/teen-sex-offender-press/|access-date=5 January 2016|work=Marie Claire}}</ref><ref name=koat>{{cite news|title=National conference aims to soften, reform sex offender laws|url=http://www.koat.com/news/new-mexico/albuquerque/National-conference-aims-to-soften-reform-sex-offender-laws/16402040|work=KOAT Albuquerque|date=29 August 2012}}</ref> | |||
==Perceptions== | |||
===The public=== | |||
The public perceives sex offenders having a very high risk of recidivism, views offenders as a ] group with regard to that risk, and is skeptical about the effectiveness of treatment,<ref name=public_perceptions/> when in fact offenders represent diverse offense patterns - ranging from non-violent statutory offenses to violent sexual assault, and a wide range of re-offense risk.<ref>{{cite journal|last1=Doren|first1=Dennis M.|title=Recidivism base rates, predictions of sex offender recidivism, and the "Sexual Predator" commitment laws.|journal=Behavioral Sciences & the Law|date=1998|volume=16|issue=1|pages=97-114|url=http://psycnet.apa.org/psycinfo/1998-01652-006}}</ref><ref>{{cite book|last1=Harris|first1=Andrew J. R|last2=Hanson|first2=Karl R.|title=Sex Offender Recidivism: A Simple Question|publisher=Public Safety and Emergency Preparedness Canada|location=Ottawa|url=https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/sx-ffndr-rcdvsm/index-eng.aspx}}</ref><ref>{{cite book|last1=Morton-Bourgon|first1=Kelly|last2=Hanson|first2=Karl R.|title=Predictors of Sexual Recidivism: An Updated Meta-Analysis 2004-02||publisher=Public Safety and Emergency Preparedness Canada|location=Ottawa|url=http://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2004-02-prdctrs-sxl-rcdvsm-pdtd/index-eng.aspx|date=February 2004}}</ref> Furthermore, the public believes that many sex offenses are committed by strangers, and that nearly | |||
half of sex offenses are reported to authorities, when in fact, contrary to media depictions, the vast majority (93%)<ref>U.S. Department of Justice, "Common Questions," http://www.nsopw.gov/en/Education/CommonQuestions, citing https://web.archive.org/web/20130124140323/http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=2814 (reference updated), retrieved September 10, 2015.</ref> of sexual offense victims are known to the offender, who is either a relative or a person otherwise close to the victim. Reports also suggest clearly higher rates of perpetration than of detection.<ref name=public_perceptions/> Most of the public endorses broad community protection policies, and opines that such policies successfully reduce sexual crime. A small proportion acknowledges that registrants pose different risk levels and thinks that low level offenders should be excluded from community notification.<ref name=public_perceptions/> | |||
Former ] of the ] Kenneth V. Lanning argues that registration should be offender-based instead of offense-based: "A sex-offender registry that does not distinguish between the total pattern of behavior of a 50-year-old man who violently raped a 6-year-old girl and an 18-year-old boy who had 'compliant' sexual intercourse with his girlfriend a few weeks prior to her 16th birthday is misguided. The offense an offender is technically found or pleads guilty to may not truly reflect his dangerousness and risk level".<ref name="ncmec">{{cite web |title=Child Molesters: A Behavioral Analysis |url=https://www.ncjrs.gov/pdffiles1/Digitization/149252NCJRS.pdf#page22 |access-date=October 25, 2015 |publisher=National Center for Missing and Exploited Children |page=15}}</ref> | |||
===Policy-makers === | |||
Study on policy-makers perception found that politicians see sex offender laws as necessary for enhancing public safety and as proof that they are reacting to the concerns of the public. Additionally, majority of politicians who sponsored and passed at least one sex offender law in their state believed that laws are too broad as they extend to nonviolent offenses, low-risk offenders, and thus dilutes sex offender registries as a law enforcement tool. Media coverage of sex crimes were involved in policy-makers’ decisions to sponsor sex offender laws.<ref name=policy_perceptions/> | |||
Some lawmakers recognize problems in the laws. However, they are reluctant to aim for reforms because of political opposition and being viewed as lessening the child safety laws.<ref>{{cite web |url=http://www.tampabay.com/news/politics/stateroundup/five-years-after-jessica-lunsfords-killing-legislators-rethink-sex/1075251 |title=Five years after Jessica Lunsford's killing, legislators rethink sex offender laws - St. Petersburg Times |website=www.tampabay.com |url-status=dead |archive-url=https://web.archive.org/web/20100301083345/http://www.tampabay.com/news/politics/stateroundup/five-years-after-jessica-lunsfords-killing-legislators-rethink-sex/1075251 |archive-date=2010-03-01}} </ref> | |||
Another study from Illinois interviewing public officials found that only 4 of 35 interviewed legislators were confident that sex offender registration and notification policies were effective in reducing sexual crime. Some believed that laws go too far, while others opined they do not go far enough. Nearly all agreed ''"that current sex offender legislation...successfully addressed the public’s demand for action”'' arising from highly publicized sex crimes. One respondent working in Attorney General’s Office stated, ''“We have more laws than ever before . Whether any of them help or not, at least it looks like we’re trying..."''.<ref name=sample>{{cite journal|last1=Sample|first1=L. L.|last2=Kadleck|first2=C.|title=Sex Offender Laws: Legislators' Accounts of the Need for Policy|journal=Criminal Justice Policy Review|date=1 March 2008|volume=19|issue=1|pages=40–62|doi=10.1177/0887403407308292|url=http://www.researchgate.net/profile/Lisa_Sample/publication/274959019_Sex_Offender_Laws_Legislators'_Accounts_of_the_Need_for_Policy/links/552d44700cf2e089a3ad5377.pdf}}</ref><ref name=influence/> The study concluded that media indirectly affected sex offender policies by affecting the public’s perceptions, and directly affected policy-making as respondents admitted that the media serves as their major source of information.<ref name=sample/> | |||
These perceived problems in legislation have prompted a growing grass-roots ]. | |||
Maine state senator ] opined in an interview that sex offender policies have "inherent flaws" but reforming them is problematic, as proposing amendments would be considered by the public as being soft on sex crimes.<ref>{{cite news|title=Sex offender? No thanks, I’ll take prison|url=http://bangordailynews.com/2011/04/15/politics/are-we-safer-lawmakers-struggle-to-balance-public-safety-with-sex-offender-liberty/|work=Bangor Daily News|date=15 April 2011}}</ref> | |||
==Constitutionality== | ==Constitutionality== | ||
{{main|Constitutionality of sex offender registries in the United States}} | |||
Registration and Community Notification Laws have been challenged on a number of constitutional and other bases, generating substantial amount of case law. Those challenging the statutes have claimed violations of ], ], ], ] and ].<ref name=wright/> A study published in fall, 2015 researched underlying U.S. Supreme Court decisions and found that statistics used in two Supreme Court cases that are commonly cited in decisions upholding constitutionality of sex offender policies were unfounded.<ref name=frightening>{{cite journal|last1=Ellman|first1=Ira M.|last2=Ellman|first2=Tara|title='Frightening and High': The Supreme Court’s Crucial Mistake About Sex Crime Statistics|journal=Forthcoming, Constitutional Commentary, during Fall, 2015|date=16 September 2015|url=https://floridaactioncommittee.org/wp-content/uploads/2015/06/Frightening-and-High.pdf}}</ref><ref name=dubious>{{cite news|title=How a dubious statistic convinced U.S. courts to approve of indefinite detention|url=https://www.washingtonpost.com/news/the-watch/wp/2015/08/20/how-a-dubious-statistic-convinced-u-s-courts-to-approve-of-indefinite-detention/|work=The Washington Post|date=20 August 2015}}</ref><ref name=mfdaily>{{cite news|title=Matthew T. Mangino: Supreme Court perpetuates sex offender myths|url=http://www.milforddailynews.com/article/20150904/NEWS/150908028|work=Milford Daily News|date=4 September 2015}}</ref> | |||
Sex offender registration and community notification laws have been challenged on a number of constitutional and other bases, generating a substantial amount of case law. Those challenging the statutes have claimed violations of ], ], ], ] and ].<ref name=wright/> The ] has upheld the laws. In 2002, in '']'' the U.S. Supreme Court affirmed public disclosure of sex offender information and in 2003, in '']'', the Supreme Court upheld Alaska's registration statute, reasoning that sex offender registration is ] reasonably designed to protect public safety, not a ], which can be applied '']''. However, law scholars argue that even if the registration schemes were initially constitutional they have, in their current form, become unconstitutionally burdensome and unmoored from their constitutional grounds. A study published in the fall of 2015 found that statistics cited by ] in two U.S. Supreme Court cases commonly cited in decisions upholding the constitutionality of sex offender policies were unfounded.<ref name=frightening>{{cite journal|last1=Ellman|first1=Ira M.|last2=Ellman|first2=Tara|title='Frightening and High': The Supreme Court's Crucial Mistake About Sex Crime Statistics|journal=Forthcoming, Constitutional Commentary, During Fall, 2015|date=16 September 2015|url=https://floridaactioncommittee.org/wp-content/uploads/2015/06/Frightening-and-High.pdf}}</ref><ref name=dubious>{{cite news|title=How a dubious statistic convinced U.S. courts to approve of indefinite detention|url=https://www.washingtonpost.com/news/the-watch/wp/2015/08/20/how-a-dubious-statistic-convinced-u-s-courts-to-approve-of-indefinite-detention/|newspaper=The Washington Post|date=20 August 2015}}</ref><ref name=mfdaily>{{cite news|title=Matthew T. Mangino: Supreme Court perpetuates sex offender myths|url=http://www.milforddailynews.com/article/20150904/NEWS/150908028|work=Milford Daily News|date=4 September 2015}}</ref> Several ] have been honored after hearing at the state level. However, in 2017 the Pennsylvania Supreme Court determined that SORNA violates ''ex post facto'' when retroactively applied.<ref>{{cite web|title= IN THE SUPREME COURT OF PENNSYLVANIA|url=http://www.pacourts.us/assets/opinions/Supreme/out/J-121B-2016oajc%20-%2010317692521317667.pdf|publisher=Supreme Court of Pennsylvania|access-date=19 July 2017}}</ref><ref>{{cite news|title=Registered Sex Offenders May Shorten Registration Period According to PA Supreme Court.|url=https://www.theharrisburglawyers.com/2017/07/registered-sex-offenders-may-shorten-registration-period-according-to-pa-supreme-court|date=20 July 2017}}</ref> | |||
In September 2017 a federal judge found that the Colorado registry is unconstitutional under the ] clause of the United States Constitution as applied to three plaintiffs.<ref>{{cite news|title=Federal judge rules Colorado sex offender register unconstitutional|url=https://www.reuters.com/article/us-colorado-ruling/federal-judge-rules-colorado-sex-offender-register-unconstitutional-idUSKCN1BC65J|work=Reuters|date=2017|archiveurl=https://web.archive.org/web/20170912021143/https://www.reuters.com/article/us-colorado-ruling/federal-judge-rules-colorado-sex-offender-register-unconstitutional-idUSKCN1BC65J|archive-date=September 12, 2017}}</ref> | |||
===Important cases=== | |||
], Associate Justice of the Supreme Court of the United States]] | |||
Two ] decisions have been heavily relied upon by legislators, and other courts in their own constitutional decision, mainly upholding the registration and notification laws. In ], 536 U.S. 24, 33 (2002) the Supreme Court upheld, in a 5-4 ], a Kansas law that imposed harsher sentences on offenders who refused participating in a prison treatment program. In justifying conclusion, ] wrote that sex offenders pose ''“frightening and high risk of recidivism”'', which, ''“of untreated offenders has been estimated to be as high as 80%.”''<ref name<ref name=frightening/><ref name=dubious/><ref name=mfdaily/> | |||
In following year, in ], 538 U.S. 84 (2003), the Supreme Court upheld Alaska's registration statute, reasoning that sex offender registration is ] reasonably designed to protect public safety, not a ], which can be applied ]. Now Justice Kennedy relied on this earlier language of McKune v. Lile and wrote:<ref name=frightening/><ref name=dubious/><ref name=mfdaily/> | |||
{{quote |text= ''"Alaska could conclude that a conviction for a sex offense provides evidence of substantial risk of recidivism. The legislature’s findings are consistent with rave concerns over the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The risk of recidivism posed by sex offenders is 'frightening and high.' McKune v. Lile, 536 U. S. 24, 34 (2002)..."''|author=]|source=''], 538 U.S. 84 (2003)''}} | |||
===U.S. Supreme Court rulings=== | |||
In two cases docketed for argument on 13 November 2003, the sex offender registries of two states, Alaska and Connecticut, would face legal challenge. This was the first instance that the Supreme Court had to examine the implementation of sex offender registries in throughout the U.S. The ruling would let the states know how far they could go in informing citizens of perpetrators of sex crimes. In '']'' (2002) the ] affirmed this public disclosure of sex offender information.<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> | |||
====''Ex post facto'' challenge==== | |||
In '']'', 538 U.S. 84 (2003), the Supreme Court upheld ]'s sex-offender registration ]. Reasoning that sex offender registration deals with ], not punishment, the Court ruled 6–3 that it is not an ] ]. Justices ], ], and ] dissented. | |||
'']'', Supreme Court No. S-12944, Court of Appeals No. A-09623, Superior Court No. 1KE-05-00765 C opinion can be found in its entirety here:<ref>{{dead link|date=October 2015}}</ref> | |||
No. 6897 - April 25, 2014 | |||
29 April 2014, The Alaska Supreme Court overturned the conviction of a 62-year-old Ketchikan man who had been found guilty in 2006 of failure to register as a sex offender. | |||
In its 25 April opinion, the court writes that the original offense for which Byron Charles was convicted occurred in the 1980s, before the State of Alaska passed the Alaska Sex Offender Registration Act. That 1994 law required convicted sex offenders to register with the state, even if the offense took place before 1994. | |||
In 2008, the Alaska Supreme Court ruled in Doe v. State that the sex offender registration act cannot be applied retroactively. Charles had previously appealed his conviction on the failure to register charge, but had not argued against the retroactive clause in state law. After the court’s 2008 decision, though, Charles added that argument to his appeal. | |||
Lower courts ruled that Charles had essentially waived his right to use that argument by not bringing it up earlier. But in its 25 April decision, the Supreme Court decided otherwise. | |||
The court writes that "permitting Charles to be convicted of violating a criminal statute that cannot constitutionally be applied to him would result in manifest injustice." | |||
With that in mind, the Alaska Supreme Court reversed Charles’ 2006 conviction of failure to register as a sex offender. | |||
<ref>{{cite web|url=http://www.krbd.org/2014/04/29/high-court-overturns-2006-conviction/|title=Alaska Supreme Court overturns 2006 conviction|publisher=}}</ref> | |||
====Due process challenge==== | |||
In '']'', 538 U.S. 1 (2003),<ref>.</ref> the Court ruled that ]'s sex-offender registration statute did not violate the ] of those to whom it applied, although the Court "expresses no opinion as to whether the State's law violates ] principles." | |||
Update: Reynolds V. United States Certiorari to the United States Court of Appeals for the Third Circuit No. 10–6549. '''Argued 3 October 2011 – Decided 23 January 2012''' "The Act does not require pre-Act offenders to register before the Attorney General validly specifies that the Act’s registration provisions apply to them." | |||
==Impact on registrants and their families== | ==Impact on registrants and their families== | ||
Sex offender registration and community notification (SORN) laws carry costs in the form of collateral consequences for both |
Sex offender registration and community notification (SORN) laws carry costs in the form of collateral consequences for both sex offenders and their families, including difficulties in relationships and maintaining employment, public recognition, harassment, attacks, difficulties finding and maintaining suitable housing, as well as an inability to take part in expected parental duties, such as going to school functions.<ref name=sex_offenders>{{cite web|last1=Tewksbury|first1=Richard|last2=Jennings|first2=Weley G|last3=Zgoba|first3=Kristen|title=Sex offenders: Recidivism Collateral Consequences|url=https://www.ncjrs.gov/pdffiles1/nij/grants/238060.pdf|website=National Criminal Justice Reference Service}}</ref><ref name=Frenze_et_al>{{cite web|title=COLORADO SEX OFFENDER REGISTRATION FORM|url=https://www.colorado.gov/apps/cdps/sor/resources/forms/REGISTRATION_FORM.pdf|publisher=]}}</ref> Negative effects of collateral consequences on offenders are expected to contribute to known risk factors, and to offenders failing to register, and to the related potential for re-offending.<ref>{{cite journal|last1=Levenson|first1=Jill|last2=Letourneau|first2=Elizabeth|last3=Armstrong|first3=Kevin|last4=Zgoba|first4=Kristen Marie|title=Failure to Register as a Sex Offender: Is it Associated with Recidivism?|journal=Justice Quarterly|date=June 2010|volume=27|issue=3|pages=305–331|doi=10.1080/07418820902972399|s2cid=145666215}}</ref> | ||
Registration and notification laws affect not only sex offenders, but also their loved ones. Laws may force families to live apart from each other, because of family safety issues caused by neighbors, or because of residency restrictions. Family members often experience isolation, hopelessness and depression.<ref name=collateral_family>{{cite journal|last1=Levenson|first1=Jill|last2=Tewksbury|first2=Richard|title=Collateral Damage: Family Members of Registered Sex Offenders|journal=American Journal of Criminal Justice|date=15 January 2009|volume=34|issue=1-2|pages=54–68|doi=10.1007/s12103-008-9055-x|url=http://www.csor-home.org/wp-content/uploads/2014/01/Collateral-Damage-Family-Members-of-Registered-Sex-Offenders.pdf}}</ref> | |||
===Impact on registrants=== | |||
Research has identified the negative effects of registration and notification laws for sex offenders, which may have unintended counterproductive consequences. ] and lack of job opportunities or housing, cause emotional stress and undermine offenders ability to re-integrate into society, which may increase the risk of re-offending and hamper the public safety value of SORN policies.<ref name=Levenson-Cotter1>{{cite journal|last1=Levenson|first1=J. S.|last2=Cotter|first2=L. P.|title=The Effect of Megan's Law on Sex Offender Reintegration|journal=Journal of Contemporary Criminal Justice|date=1 February 2005|volume=21|issue=1|pages=49–66|doi=10.1177/1043986204271676|url=http://www.survivorscotland.org.uk/downloads/1292244066-Levenson-Megans%20Law%20Impact.pdf}}</ref><ref name=collateral_family/><ref name=location>{{cite journal|last1=Mustaine|first1=Elizabeth E.|last2=Tewksbury|first2=Richard|last3=Stengel|first3=Kenneth M.|title=Residential location and mobility of registered sex offenders|journal=American Journal of Criminal Justice|date=March 2006|volume=30|issue=2|pages=177–192|doi=10.1007/BF02885890}}</ref><ref name=impact3/><ref>{{cite journal|last1=Tewksbury|first1=Richard|last2=Lees|first2=Matthew|title=PERCEPTIONS OF SEX OFFENDER REGISTRATION: COLLATERAL CONSEQUENCES AND COMMUNITY EXPERIENCES|journal=Sociological Spectrum|date=May 2006|volume=26|issue=3|pages=309–334|doi=10.1080/02732170500524246|url=https://library.louisville.edu/cms/justiceadministration/faculty-staff/vita/R-Tewksbury/SocSpectrumTewksLees.pdf}}</ref> | |||
Studies indicate that community notification limits employment opportunities for up to half of registrants. Housing disruption is common, with 20–40% reporting that they have had to move because a landlord or neighbor became aware of their RSO status. Registrants tend to disproportionately reside in socially undesirable neighborhoods, and in some situations are banned from certain jurisdictions altogether due to the residency restrictions.<ref name=exclusion>{{cite journal|last1=Grubesic|first1=T. H.|last2=Mack|first2=E.|last3=Murray|first3=A. T.|title=Geographic Exclusion: Spatial Analysis for Evaluating the Implications of Megan's Law|journal=Social Science Computer Review|date=13 June 2007|volume=25|issue=2|pages=143–162|doi=10.1177/0894439307298930|url=http://ibis.geog.ubc.ca/courses/geob479/classof10/aykwok/files/Grubesic%20Mack%20Murray.pdf}}</ref> A majority report psycho-social consequences such as depression, hopelessness, and fear for their own safety. Some have experienced ] activities such as property damage, harassment, and physical ]s.<ref name=collateral_family/> In at least two instances, sex offenders have been ]ed in vigilante attacks tied to public registries.<ref>{{cite news|url=http://abcnews.go.com/US/story?id=1855771&page=1 |title=Sex Offender Registries: Putting Lives At Risk? |first=Gitika |last=Ahuja |publisher=] |date=18 April 2006 |accessdate=2009-10-05}}</ref> | |||
===Impact on family members=== | |||
Study conducted in 2007 on family members of registrants identified common themes among family members. Persistent feelings of hopelessness, depression, and frustration were often reported. A family members decision to maintain contact with the offender often led to hostility from other relatives, leaving the family member feeling isolated. Many reported that housing and employment disruptions, caused by offender’s probation or registration status, often resulted in economic hardships for the entire family. Close scrutiny and intrusion from law enforcement agents were seen as an invasion of privacy, and public notification often generated a sense of shame and ]. Many family members discussed feeling ''“overwhelmed and demoralized”'', struggling to cope on a daily basis. Some remarked that re-entry assistance policies, such as the Second Chance Act, seemed to unfairly exclude sex offenders. The study concluded that stress for family members may hinder the important role they play in aiding the sex offender to successfully reintegrate.<ref name=collateral_family/><ref>{{cite journal|last1=Farkas|first1=Mary Ann|last2=Miller|first2=Gale|title=Reentry and Reintegration: Challenges Faced by the Families of Convicted Sex Offenders|journal=Federal Sentencing Reporter|date=December 2007|volume=20|issue=1|pages=88–92|doi=10.1525/fsr.2007.20.2.88|url=http://www.jstor.org/stable/10.1525/fsr.2007.20.2.88?seq=1#page_scan_tab_contents}}</ref> | |||
A direct survey of 584 family members of registered sex offenders, published in 2009, found that most family members (86%) reported that SORN has caused stress in their lives, 77% felt a sense of isolation, and 49% felt afraid for their own safety due to public disclosure of the sex offender’s status. Half had lost friends or a close relationship as a result of community notification, and 66% said that shame and embarrassment often kept them from engaging in community activities.<ref name=collateral_family/><ref name=collatera_stress>{{cite journal|last1=Tewksbury|first1=Richard|last2=Levenson|first2=Jill|title=Stress experiences of family members of registered sex offenders|journal=Behavioral Sciences & the Law|date=July 2009|volume=27|issue=4|pages=611–626|doi=10.1002/bsl.878|url=http://onlinelibrary.wiley.com/doi/10.1002/bsl.878/abstract}}</ref> | |||
Many of the respondents reported having to move out of rental house because landlord (22%) or neighbors (17%) found out that registrant was living in the same apartment. 12% percent had to move out of home they owned because of neighbors. 44% of respondents reported being harassed by neighbors, 27% their property being damaged, 7% being ] because of someone finding out that registrant lived in same address. 30% reported that a non-registered third person living in the same home had faced one or more of adverse consequences mentioned above. 33% reported that they were not able to live with their registrant because of residency restrictions. 44% reported difficulties in finding housing outside safety-zones, and wanting to live with the registrant.<ref name=collateral_family/> | |||
===Impact on children of registrants=== | |||
58% of the respondents who were parent or a care taker of a child whose other parent is registered sex offender, reported child being treated differently by other children at school, and 78% indicated that the child’s friendships had been impacted. 56% reported other children’s parents being reluctant to allow the registrant's child to play at the friend's home, and 70% that other parents didn't allow their child to visit the registrant’s child’s home. 63% of respondents said that the child had been treated differently by other adults (teachers, neighbors, friends’ parents), and 71% that the child has been ] due to the parent’s status as a registered sex offender. Most children were reported to have unrestricted contact with their registrant parent (63%), though 23% were allowed only supervised contact and 14% had no contact at all. 74% indicated that the registrant parent has been unable to participate in some of the child’s activities, such as attending school plays or other events, attending or participating in the child’s organized sports, or attending the child’s birthday party.<ref name=collateral_family/> | |||
80% of registrant’s children were reported exhibiting ], 77% ], 73% ], 65% feeling left out by peers, and 63% ]. 13% of the children of registrants were reported to exhibit ] tendencies.<ref name=collateral_family/> | |||
==Society and culture== | |||
===Political debate=== | |||
Stakeholders like civil rights groups,<ref name=HRW2/><ref>{{cite news|last1=Jacobs|first1=Deborah|title=Why Sex Offender Laws Do More Harm Than Good|url=https://www.aclu-nj.org/theissues/criminaljustice/whysexoffenderlawsdomoreha/|accessdate=14 November 2014|agency=American Civil Liberties Union|ref=aclu}}</ref> law reform activists,<ref>{{cite news|last1=Lovett|first1=Ian|title=Restricted Group Speaks Up, Saying Sex Crime Measures Go Too Far|url=http://www.nytimes.com/2013/10/02/us/restricted-group-speaks-up-saying-sex-crime-measures-go-too-far.html|publisher=The New York Times|date=October 1, 2013}}</ref><ref>{{cite news|last1=Ulmer|first1=Nick|title=Taking a Stand: Women Against Registry responds to our 14 News investigation|url=http://www.14news.com/story/24789519/taking-a-stand-women-against-registry-respond-to-our-14-news-investigation|work=14News|agency=NBC|date=21 February 2014}}</ref> scholars,<ref name=Levenson1>{{cite news|last1=Levenson|first1=Jill|title=Does youthful mistake merit sex-offender status?|url=http://edition.cnn.com/2015/08/06/opinions/levenson-sex-offender-registry-reform/|work=cnn.com|date=6 August 2015}}</ref> treatment professionals,<ref name=atsa1>{{cite web|title=RE: Pending Sex Offender Registry Legislation (HR 4472)|url=http://www.atsa.com/pdfs/Policy/responseHR4472.pdf|ref=Association for the Treatment of Sexual Abusers|archiveurl=https://web.archive.org/web/20150902205155/http://www.atsa.com/pdfs/Policy/responseHR4472.pdf|archivedate=2 September 2015|date=8 August 2005}}</ref> some victim advocates,<ref name=wetterling>{{cite news|title=Patty Wetterling questions sex offender laws|url=http://www.citypages.com/2013-03-20/news/patty-wetterling-questions-sex-offender-laws/full/|accessdate=13 November 2014}}</ref><ref name=wetterling2>{{cite news|last1=Gunderson|first1=Dan|title=Sex offender laws have unintended consequences|url=http://www.mprnews.org/story/2007/06/11/sexoffender1|accessdate=16 November 2014|work=MPR news|date=18 June 2007}}</ref> some legislators<ref name=policy_perceptions>{{cite journal|last1=Meloy|first1=Michelle|last2=Curtis|first2=Kristin|last3=Boatwright|first3=Jessica|title=Policy-makers’ perceptions on their sex offender laws: the good, the bad, and the ugly|journal=Criminal Justice Studies: A CriticalJournal of Crime, Law and Society|date=23 Nov 2012|volume=26|issue=1|doi=10.1080/1478601.2012.744307|quote="Therefore, state-level policy-makers from across the country, who sponsored and passed at least one sex offender law in their state, (n = 61) were interviewed about sex offenders and sex crimes. Policy-makers believe sex offender laws are too broad. The laws extend to nonviolent offenses, low-risk offenders, and thus dilute the law enforcement potency of sex offender registries."}}</ref> and law enforcement officials<ref name=SFGate>{{cite news|title=Board wants to remove low-risk sex offenders from registry|url=http://www.sfgate.com/crime/article/Board-wants-to-remove-low-risk-sex-offenders-from-5503219.php|work=SFGate|date=25 May 2014}}</ref> have expressed their worries that laws may some times target the wrong people, steering law enforcement resources and public attention from truly dangerous to low-risk offenders, while negatively impacting the attempts of offenders to ],<ref name=reintegration>{{cite journal|last1=Levenson|first1=J. S.|title=The Effect of Megan's Law on Sex Offender Reintegration|journal=Journal of Contemporary Criminal Justice|date=1 February 2005|volume=21|issue=1|pages=49–66|doi=10.1177/1043986204271676}}</ref><ref name=impact3>{{cite journal|last1=Tewksbury|first1=R.|title=Collateral Consequences of Sex Offender Registration|journal=Journal of Contemporary Criminal Justice|date=1 February 2005|volume=21|issue=1|pages=67–81|doi=10.1177/1043986204271704}}</ref><ref name=impact2>{{cite journal|last1=Mercado|first1=C. C.|last2=Alvarez|first2=S.|last3=Levenson|first3=J.|title=The Impact of Specialized Sex Offender Legislation on Community Reentry|journal=Sexual Abuse: A Journal of Research and Treatment|date=1 June 2008|volume=20|issue=2|pages=188–205|doi=10.1177/1079063208317540}}</ref><ref name=impact1>{{cite journal|last1=Levenson|first1=Jill S.|last2=D'Amora|first2=David A.|last3=Hern|first3=Andrea L.|title=Megan's law and its impact on community re-entry for sex offenders|journal=Behavioral Sciences & the Law|date=July 2007|volume=25|issue=4|pages=587–602|doi=10.1002/bsl.770}}</ref> as well as impacting their families.<ref name=collateral>{{cite news|last1=Balko|first1=Radley|title=The collateral damage of sex offender laws|url=https://www.washingtonpost.com/news/the-watch/wp/2015/08/28/the-collateral-damage-of-sex-offender-laws/|work=The Washington Post|date=28 August 2015}}</ref><ref name=collateral2>{{cite news|last1=Yoder|first1=Steven|title=Collateral damage: Harsh sex offender laws may put whole families at risk|url=http://america.aljazeera.com/articles/2015/8/27/harsh-sex-offender-laws-may-put-whole-families-at-risk.html|work=Al Jazeera America|date=27 August 2015}}</ref> | |||
Family members of sex offenders often experience isolation, hopelessness and depression.<ref name=collateral_family/> U.S. federal law prohibits anyone who is required to register as a sex offender in any state from participating in the Housing Choice Voucher Program (Section 8) or any similar federal housing programs, such as public housing. | |||
==See also== | ==See also== | ||
{{Portal|Law}} | {{Portal|Law}} | ||
* ] | |||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | |||
==References== | ==References== | ||
* {{Include-USGov | |||
|agency=United States Department of Justice | |||
|policy=https://www.justice.gov/legalpolicies#copyright}} | |||
{{reflist|2}} | {{reflist|2}} | ||
==External links== | ==External links== | ||
* | |||
* | |||
* | |||
* {{subreq}} | |||
* | |||
* | |||
* | * | ||
* | * | ||
] | |||
] | ] | ||
] | |||
] | ] |
Latest revision as of 12:37, 28 October 2024
This article is part of a series on the |
Sex offender registries in the United States |
---|
Legislation
|
Constitutionality
Constitutionality of sex offender registries
|
Effectiveness |
Social issues
|
Reform activism |
In the United States, sex offender registries existed at both the federal and state levels. The federal registry is known as the National Sex Offender Public Website (NSOPW) and integrates data in all state, territorial, and tribal registries provided by offenders required to register. Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via websites; most information on offenders is visible to the public. Public disclosure of offender information varies between the states depending on offenders' designated tier, which may also vary from state to state, or risk assessment result. According to NCMEC, as of 2016 there were 859,500 registered sex offenders in United States.
The majority of states and the federal government apply systems based on conviction offenses only, where registration requirement is triggered as a consequence of finding of guilt, or pleading guilty, to a sex offense regardless of the actual gravity of the crime. The trial judge typically can not exercise judicial discretion concerning registration. Depending on jurisdiction, offenses requiring registration range in their severity from public urination or adolescent sexual experimentation with peers, to violent sex offenses. In some states offenses such as unlawful imprisonment may require sex offender registration. According to Human Rights Watch, children as young as 9 have been placed on the registry; juvenile offenders account for 25 percent of registrants. In some states, the length of the registration period is determined by the offense or assessed risk level; in others all registration is for life. Some states allow removal from the registry under certain specific, limited circumstances. Information of juvenile offenders is withheld for law enforcement but may be made public after their 18th birthday.
Sex Offender Registration and Notification (SORN) has been studied for its impact on the rates of sexual offense recidivism, with the majority of studies demonstrating no impact. The Supreme Court of the United States has upheld sex offender registration laws both times such laws have been examined by them. Several challenges on parts of state level legislation have been honored by the courts. Legal scholars have challenged the rationale behind the Supreme Court rulings. Perceived problems in legislation has prompted organizations such as NARSOL, ACSOL, and ACLU, among others, to promote reform.
History
In 1947, California became the first state in the United States to have a sex offender registration program. C. Don Field was prompted by the Black Dahlia murder case to introduce a bill calling for the formation of a sex offender registry; California became the first U.S. state to make this mandatory. In 1990, Washington state began community notification of its most dangerous sex offenders, making it the first state to ever make any sex offender information publicly available. Prior to 1994, only a few states required convicted sex offenders to register their addresses with local law enforcement. The 1990s saw the emergence of several cases of brutal violent sexual offenses against children. Crimes like those of Westley Allan Dodd, Earl Kenneth Shriner and Jesse Timmendequas were highly publicized. As a result, public policies began to focus on protecting public from stranger danger. Since the early 1990s, several state and federal laws, often named after victims, have been enacted as a response to public outrage generated by highly publicized, but statistically very rare, violent predatory sex crimes against children by strangers.
Jacob Wetterling Act of 1994
Main article: Jacob Wetterling ActIn 1989, an 11-year-old boy, Jacob Wetterling, was abducted from a street in St. Joseph, Minnesota. His whereabouts remained unknown for nearly 27 years until remains were discovered just outside Paynesville, Minnesota, in 2016. Jacob's mother, Patty Wetterling, current chair of National Center for Missing and Exploited Children, led a community effort to implement a sex offender registration requirement in Minnesota and, subsequently, nationally. In 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. If states failed to comply, the states would forfeit 10% of federal funds from the Omnibus Crime Control and Safe Streets Act. The act required each state to create a registry of offenders convicted of qualifying sex offenses and certain other offenses against children and to track offenders by confirming their place of residence annually for ten years after their release into the community or quarterly for the rest of their lives if the sex offender was convicted of a violent sex crime. States had a certain time period to enact the legislation, along with guidelines established by the Attorney General. The registration information collected was treated as private data viewable by law enforcement personnel only, although law enforcement agencies were allowed to release relevant information that was deemed necessary to protect the public concerning a specific person required to register. Another high-profile case, abuse and murder of Megan Kanka led to modification of Jacob Wetterling Act. The subsequent laws forcing changes to the sex offenders registries in all 50 states have since troubled Patty Wetterling and she has been vocal about her opposition to including children on the registry as well as allowing full access to the public. In an interview with reporter Madeleine Baran, Wetterling stated, "No more victims, that's the goal. But we let our emotions run away from achieving that goal." In lamenting how we treat sex offenders she stated, "You're screwed. You will not get a job, you will not find housing. This is on your record forever, good luck." She believes that by not allowing sex offenders who have served their time to reintegrate to society we do more harm than good, "I've turned 180 from where I was."
Megan's Law of 1996
Main article: Megan's Law See also: International Megan's LawIn 1994, 7-year-old Megan Kanka from Hamilton Township, Mercer County, New Jersey was raped and killed by a recidivist sex offender. Jesse Timmendequas, who had been convicted of two previous sex crimes against children, lured Megan in his house and raped and killed her. Megan's mother, Maureen Kanka, started to lobby to change the laws, arguing that registration established by the Wetterling Act was insufficient for community protection. Maureen Kanka's goal was to mandate community notification, which under the Wetterling Act had been at the discretion of law enforcement. She said that if she had known that a sex offender lived across the street, Megan would still be alive. In 1994, New Jersey enacted Megan's Law. In 1996, President Bill Clinton enacted a federal version of Megan's Law, as an amendment to the Jacob Wetterling Act. The amendment required all states to implement Registration and Community Notification Laws by the end of 1997. Prior to Megan's death, only 5 states had laws requiring sex offenders to register their personal information with law enforcement. On August 5, 1996 Massachusetts was the last state to enact its version of Megan's Law.
Amber Hagerman Child Protection Act Law of 1996
President Bill Clinton signed the Amber Hagerman Child Protection Act Law into law in October 1996, creating the AMBER Alert system and the national sex offender registry.
Adam Walsh Act of 2006
Main article: Adam Walsh Child Protection and Safety ActThe most comprehensive legislation related to the supervision and management of sex offenders is the Adam Walsh Act (AWA), named after Adam Walsh, who was kidnapped from a Florida shopping mall and killed in 1981, when he was 6 years old. The AWA was signed on the 25th anniversary of his abduction; efforts to establish a national registry was led by John Walsh, Adam's father.
One of the significant component of the AWA is the Sex Offender Registration and Notification Act (SORNA). SORNA provides uniform minimum guidelines for registration of sex offenders, regardless of the state they live in. SORNA requires states to widen the number of covered offenses and to include certain classes of juvenile offenders. Prior to SORNA, states were granted latitude in the methods to differentiate offender management levels. Whereas many states had adopted to use structured risk assessment tools classification to distinguish "high risk" from "low risk" individuals, SORNA mandates such distinctions to be made solely on the basis of the governing offense. States are allowed, and often do, exceed the minimum requirements. Scholars have warned that classification system required under Adam Walsh Act is less sophisticated than risk-based approach previously adopted in certain states.
Extension in number of covered offenses and making the amendments apply retroactively under SORNA requirements expanded the registries by as much as 500% in some states. All states were required to comply with SORNA minimum guidelines by July 2009 or risk losing 10% of their funding through the Byrne program. As of April 2014, the Justice Department reports that only 17 states, three territories and 63 tribes had substantially implemented requirements of the Adam Walsh Act.
Registration
Sex offenders must periodically report in person to their local law enforcement agency and furnish their address, and list of other information such as place of employment and email addresses. The offenders are photographed and fingerprinted by law enforcement, and in some cases DNA information is also collected. Registration period depends on the classification level and the law of the governing jurisdiction.
Classification of offenders
States apply varied methods of classifying registrants. Identical offenses committed in different states may produce different outcomes in terms of public disclosure and registration period. An offender classified as level/tier I offender in one state, with no public notification requirement, might be classified as tier II or tier III offender in another. Sources of variation are diverse, but may be viewed over three dimensions — how classes of registrants are distinguished from one another, the criteria used in the classification process, and the processes applied in classification decisions.
The first point of divergence is how states distinguish their registrants. At one end are the states operating single-tier systems that treat registrants equally with respect to reporting, registration duration, notification, and related factors. Alternatively, some states use multi-tier systems, usually with two or three categories that are supposed to reflect presumed public safety risk and, in turn, required levels of attention from law enforcement and the public. Depending on state, registration and notification systems may have special provisions for juveniles, habitual offenders or those deemed "sexual predators" by virtue of certain standards.
The second dimension is the criteria employed in the classification decision. States running offense-based systems use the conviction offense or the number of prior offenses as the criteria for tier assignment. Other jurisdictions utilize various risk assessments that consider factors that scientific research has linked to sexual recidivism risk, such as age, number of prior sex offenses, victim gender, relationship to the victim, and indicators of psychopathy and deviant sexual arousal. Finally, some states use a hybrid of offense-based and risk-assessment-based systems for classification. For example, Colorado law requires minimum terms of registration based on the conviction offense for which the registrant was convicted or adjudicated but also uses a risk assessment for identifying sexually violent predators — a limited population deemed to be dangerous and subject to more extensive requirements.
Third, states distinguishing among registrants use differing systems and processes in establishing tier designations. In general, offense-based classification systems are used for their simplicity and uniformity. They allow classification decisions to be made via administrative or judicial processes. Risk-assessment-based systems, which employ actuarial risk assessment instruments and in some cases clinical assessments, require more of personnel involvement in the process. Some states, like Massachusetts and Colorado, utilize multidisciplinary review boards or judicial discretion to establish registrant tiers or sexual predator status.
In some states, such as Kentucky, Florida, and Illinois, all sex offenders who move into the state and are required to register in their previous home states are required to register for life, regardless of their registration period in previous residence. Illinois reclassifies all registrants moving in as a "Sexual Predator".
Public notification
States apply differing sets of criteria to determine which registration information is available to the public. In a few states, a judge determines the risk level of the offender, or scientific risk assessment tools are used; information on low-risk offenders may be available to law enforcement only. In other states, all sex offenders are treated equally, and all registration information is available to the public on a state Internet site. Information of juvenile offenders are withheld for law enforcement but may be made public after their 18th birthday.
Under federal SORNA, only tier I registrants may be excluded from public disclosure, with exemption of those convicted of "specified offense against a minor." Since SORNA merely sets the minimum set of rules the states must follow, many SORNA compliant states have opted to disclose information of all tiers.
Disparities in state legislation have caused some registrants moving across state lines becoming subject to public disclosure and longer registration periods under the destination state's laws. These disparities have also prompted some registrants to move from one state to another in order to avoid stricter rules of their original state.
Exclusion zones
External image | |
---|---|
City wide map of exclusion zones in Milwaukee prior to September 23, 2017. Red and orange highlights denoted the areas where certain registered sex offenders could not reside within the city] |
Laws restricting where registered sex offenders may live or work have become increasingly common since 2005. At least 30 states have enacted statewide residency restrictions prohibiting registrants from living within certain distances of schools, parks, day-cares, school bus stops, or other places where children may congregate. Distance requirements range from 500 to 2,500 feet (150 to 760 m), but most start at least 1,000 ft (300 m) from designated boundaries. In addition, hundreds of counties and municipalities have passed local ordinances exceeding the state requirements, and some local communities have created exclusion zones around churches, pet stores, movie theaters, libraries, playgrounds, tourist attractions or other "recreational facilities" such as stadiums, airports, auditoriums, swimming pools, skating rinks and gymnasiums, regardless of whether publicly or privately owned. Although restrictions are tied to distances from areas where children may congregate, most states apply exclusion zones to offenders even though their crimes did not involve children. In a 2007 report, Human Rights Watch identified only four states limiting restrictions to those convicted of sex crimes involving minors. The report also found that laws preclude registrants from homeless shelters within restriction areas. In 2005, some localities in Florida banned sex offenders from public hurricane shelters during the 2005 Atlantic hurricane season. In 2007, Tampa, Florida's city council considered banning registrants from moving in the city.
Restrictions may effectively cover entire cities, leaving small "pockets" of allowed places of residency. Residency restrictions in California in 2006 covered more than 97% of rental housing area in San Diego County. In an attempt to banish registrants from living in communities, localities have built small "pocket parks" to drive registrants out of the area. In 2007, journalists reported that registered sex offenders were living under the Julia Tuttle Causeway in Miami, Florida because the state laws and Miami-Dade County ordinances banned them from living elsewhere. Encampment of 140 registrants is known as Julia Tuttle Causeway sex offender colony. The colony generated international coverage and criticism around the country. The colony was disbanded in 2010 when the city found acceptable housing in the area for the registrants, but reports five years later indicated that some registrants were still living on streets or alongside railroad tracks. As of 2013 Suffolk County, New York, was faced with a situation where 40 sex offenders were living in two cramped trailers, which were regularly moved between isolated locations around the county by the officials, due to local living restrictions.
Effectiveness
Main article: Effectiveness of sex offender registration policies in the United StatesEvidence to support the effectiveness of public sex offender registries is limited and mixed. Majority of research results do not find statistically significant shift in sexual offense trends following the implementation of sex offender registration and notification (SORN) regimes. A few studies indicate that sexual recidivism may have been lowered by SORN policies, while a few have found statistically significant increase in sex crimes following SORN implementation. According to the Office of Justice Programs' SMART Office, sex offender registration and notification requirements arguably have been implemented in the absence of empirical evidence regarding their effectiveness.
According to SMART Office, there is no empirical support for the effectiveness of residence restrictions. In fact, a number of negative unintended consequences have been empirically identified that may aggravate rather than mitigate offender risk.
Debate
According to a 2007 study, the majority of the general public perceives sex offender recidivism to be very high and views offenders as a homogeneous group regarding that risk. Consequently, the study found that a majority of the public endorses broad community notification and related policies. Proponents of the public registries and residency restrictions believe them to be useful tools to protect themselves and their children from sexual victimization.
Critics of the laws point to the lack of evidence to support the effectiveness of sex offender registration policies. They call the laws too harsh and unfair for adversely affecting the lives of registrants decades after completing their initial sentence, and for affecting their families as well. Critics say that registries are overly broad as they reach to non-violent offenses, such as sexting or consensual teen sex, and fail to distinguish those who are not a danger to society from predatory offenders.
Former Supervisory Special Agent of the FBI Kenneth V. Lanning argues that registration should be offender-based instead of offense-based: "A sex-offender registry that does not distinguish between the total pattern of behavior of a 50-year-old man who violently raped a 6-year-old girl and an 18-year-old boy who had 'compliant' sexual intercourse with his girlfriend a few weeks prior to her 16th birthday is misguided. The offense an offender is technically found or pleads guilty to may not truly reflect his dangerousness and risk level".
Some lawmakers recognize problems in the laws. However, they are reluctant to aim for reforms because of political opposition and being viewed as lessening the child safety laws.
These perceived problems in legislation have prompted a growing grass-roots movement to reform sex offender laws in the United States.
Constitutionality
Main article: Constitutionality of sex offender registries in the United StatesSex offender registration and community notification laws have been challenged on a number of constitutional and other bases, generating a substantial amount of case law. Those challenging the statutes have claimed violations of ex post facto, due process, cruel and unusual punishment, equal protection and search and seizure. The Supreme Court of the United States has upheld the laws. In 2002, in Connecticut Dept. of Public Safety v. Doe the U.S. Supreme Court affirmed public disclosure of sex offender information and in 2003, in Smith v. Doe, the Supreme Court upheld Alaska's registration statute, reasoning that sex offender registration is civil measure reasonably designed to protect public safety, not a punishment, which can be applied ex post facto. However, law scholars argue that even if the registration schemes were initially constitutional they have, in their current form, become unconstitutionally burdensome and unmoored from their constitutional grounds. A study published in the fall of 2015 found that statistics cited by Justice Anthony Kennedy in two U.S. Supreme Court cases commonly cited in decisions upholding the constitutionality of sex offender policies were unfounded. Several challenges to state level sex offender laws have been honored after hearing at the state level. However, in 2017 the Pennsylvania Supreme Court determined that SORNA violates ex post facto when retroactively applied.
In September 2017 a federal judge found that the Colorado registry is unconstitutional under the cruel and unusual punishment clause of the United States Constitution as applied to three plaintiffs.
Impact on registrants and their families
Sex offender registration and community notification (SORN) laws carry costs in the form of collateral consequences for both sex offenders and their families, including difficulties in relationships and maintaining employment, public recognition, harassment, attacks, difficulties finding and maintaining suitable housing, as well as an inability to take part in expected parental duties, such as going to school functions. Negative effects of collateral consequences on offenders are expected to contribute to known risk factors, and to offenders failing to register, and to the related potential for re-offending.
Family members of sex offenders often experience isolation, hopelessness and depression. U.S. federal law prohibits anyone who is required to register as a sex offender in any state from participating in the Housing Choice Voucher Program (Section 8) or any similar federal housing programs, such as public housing.
See also
- American sex offenders
- Child sexual abuse
- Circles of Support and Accountability
- Miracle Village
- Pervert Park
- Sarah's Law
- United States Center for SafeSport
References
- This article incorporates public domain material from websites or documents of the United States Department of Justice.
- "Dru Sjodin National Sex Offender Public Website". United States Department of Justice. 2023-08-16. Retrieved 2024-03-03.
- "Map of Registered Sex Offenders in the United States" (PDF). National Center for Missing and Exploited Children. Archived from the original (PDF) on 2017-07-17. Retrieved 2016-01-07.
- ^ Harris, A. J.; Lobanov-Rostovsky, C.; Levenson, J. S. (2 April 2010). "Widening the Net: The Effects of Transitioning to the Adam Walsh Act's Federally Mandated Sex Offender Classification System" (PDF). Criminal Justice and Behavior. 37 (5): 503–519. doi:10.1177/0093854810363889. S2CID 55988358. Archived from the original (PDF) on 30 September 2015.
- "Court keeps man on sex offender list but says 'troubling'". Toledo News. 28 March 2015. Archived from the original on 2 April 2015.
- Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the US (2012) Human Rights Watch ISBN 978-1-62313-0084
- "When Kids Are Sex Offenders". Boston Review. 20 September 2013. Retrieved 1 September 2023.
- Lehrer, Eli (7 September 2015). "A Senseless Policy - Take kids off the sex-offender registries". The Weekly Standard. Archived from the original on 2 September 2015. Retrieved 1 September 2015.
- ^ "Megan's Law by State". Klaas Kids Foundation. 2014-04-14. Retrieved 2015-08-21.
- ^ "How do Registration Laws Apply to Juvenile Offenders in Different States?". Center for Sex Offender Management.
- "Adult Sex Offender Management" (PDF). U.S. Department of Justice. p. 3.
- "California Megan's Law – California Department of Justice – Office of the Attorney General". Archived from the original on 2015-11-04.
- Katz, Hélèna (2010). Cold Cases: Famous Unsolved Mysteries, Crimes, and Disappearances in America. ABC-CLIO. p. 190. ISBN 978-0-313-37692-4.
- ^ Wright, Ph.D Richard G. (2014). Sex offender laws : failed policies, new directions (Second ed.). Springer Publishing Co Inc. pp. 50–65. ISBN 9780826196712.
- Lancaster, Roger (20 February 2013). "Panic Leads to Bad Policy on Sex Offenders". The New York Times. Retrieved 26 November 2014.
- "Violent Crime Control and Law Enforcement Act of 1994" (PDF). One Hundred Third Congress of the United States of America. 1995. pp. 246–247.
- Madeleine Baran (October 3, 2016). "In the dark" (Podcast). American Public Media.
- "14 Years After Her Daughter's Death, Donna Norris is Still Protecting Children". Salem-News. January 5, 2010. Retrieved March 17, 2023.
- "Amber Hangerman Child Protection Act Law and Legal Definition". uslegal.com. 17 March 2023. Retrieved 17 March 2023.
- Harris, A. J.; Lobanov-Rostovsky, C. (22 September 2009). "Implementing the Adam Walsh Act's Sex Offender Registration and Notification Provisions: A Survey of the States". Criminal Justice Policy Review. 21 (2): 202–222. doi:10.1177/0887403409346118. S2CID 144231914.
- O'Hear, Michael M. (2008). "Perpetual Panic". Federal Sentencing Reporter. 21 (1): 69–77. doi:10.1525/fsr.2008.21.2.69.
- Grinberg, Emanuella (28 July 2011). "5 years later, states struggle to comply with federal sex offender law". CNN.
- "Adam Walsh Child Protection and Safety Act Compliance News". National Conference of State Legislatures.
- "Frequently".
- "Registry Requirement FAQs". Office of Sex Offender Sentencing, Monitoring, Apprehending. Retrieved 4 December 2015.
- Daley, Ken (21 April 2015). "Alabama sex offender files suit challenging Louisiana registry laws in federal court". The Times-Picayune. Archived from the original on 6 July 2015.
- "Portland: Sex offender magnet?". Portland Tribune. 14 February 2013.
- "Sex Offender Ordinance". city.milwaukee.gov. Archived from the original on 2017-11-08.
- "Milwaukee Common Council votes to lift sex offender residency restrictions". Milwaukee Journal Sentinel. 6 September 2017.
- Zandbergen, P. A.; Levenson, J. S.; Hart, T. C. (2 April 2010). "Residential Proximity to Schools and Daycares: An Empirical Analysis of Sex Offense Recidivism". Criminal Justice and Behavior. 37 (5): 482–502. doi:10.1177/0093854810363549. S2CID 56267056.
- Levenson, Jill; Zgoba, Kristen; Tewksbury, Richard (2007). "Sex Offender Residence Restrictions: Sensible Policy or Flawed Logic?". Federal Probation. 71 (3): 2.
- ^ Levenson, J. S. (1 April 2005). "The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?" (PDF). International Journal of Offender Therapy and Comparative Criminology. 49 (2): 168–178. CiteSeerX 10.1.1.489.5943. doi:10.1177/0306624X04271304. PMID 15746268. S2CID 42407834.
- ^ "No Easy Answers: Sex Offender Laws in the US". Human Right Watch. 11 September 2007.
- ^ Yung, Corey R. (January 2007). "Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders". Washington University Law Review. 85: 101.
- "SECTION 7.24 RESTRICTIONS ON REGISTERED SEX OFFENDERS". City of Malden. Retrieved 6 October 2015.
- "Tampa wants to keep sex offenders outside city limits". Tampa Bay Times. 19 January 2007.
- Keegan, Kyle; Saavedra, Tony (2 March 2015). "State Supreme Court overturns sex offender housing rules in San Diego; law could affect Orange County, beyond". The Orange County Register.
- Suter, Leanne (15 March 2013). "'Pocket parks' leave sex offenders questioning where to live". ABC7.
- Lovett, Ian (9 March 2013). "Neighborhoods Seek to Banish Sex Offenders by Building Parks". The New York Times.
- Jennings, Angel (28 February 2013). "L.A. sees parks as a weapon against sex offenders". Los Angeles Times.
- "Florida housing sex offenders under bridge". CNN. 6 April 2007.
- "Laws to Track Sex Offenders Encouraging Homelessness". The Washington Post. 27 December 2008.
- Samuels, Robert (27 July 2010). "Sex offenders seek housing after closing of camp under the Julia Tuttle Causeway". The Sun-Sentinel. Archived from the original on July 30, 2010.
- ^ "From Julia Tuttle bridge to Shorecrest street corner: Miami sex offenders again living on street". Palm Beach Post. 12 March 2012.
- Häntzschel, Jörg (17 May 2010). "USA: Umgang mit Sexualstraftätern - Verdammt in alle Ewigkeit". Süddeutsche Zeitung.
- "Miami Sex Offenders Live on Train Tracks Thanks to Draconian Restrictions". Broward Palm Beach New Times. 13 March 2014.
- Michael Schwirtz (4 February 2013). "In 2 Trailers, the Neighbors Nobody Wants". The New York Times. Retrieved 5 February 2013.
- Corey Kilgannon (17 February 2007). "Suffolk County to Keep Sex Offenders on the Move". The New York Times. Retrieved 5 February 2013.
Now officials of this county on Long Island say they have a solution: putting sex offenders in trailers to be moved regularly around the county, parked for several weeks at a time on public land away from residential areas and enforcing stiff curfews.
- ^ Office of Justice Programs (2012). "Chapter 8: Sex Offender Management Strategies". Office of Justice Programs - Sex Offender Management and Planning Initiative (SOMAPI).
- ^ Levenson, Jill; Tewksbury, Richard (15 January 2009). "Collateral Damage: Family Members of Registered Sex Offenders" (PDF). American Journal of Criminal Justice. 34 (1–2): 54–68. CiteSeerX 10.1.1.615.3651. doi:10.1007/s12103-008-9055-x. S2CID 146412299.
- Vasquez, B. E.; Maddan, S.; Walker, J. T. (26 October 2007). "The Influence of Sex Offender Registration and Notification Laws in the United States: A Time-Series Analysis". Crime & Delinquency. 54 (2): 175–192. doi:10.1177/0011128707311641. S2CID 53318656.
- Zevitz, Richard G. (June 2006). "Sex Offender Community Notification: Its Role in Recidivism and Offender Reintegration". Criminal Justice Studies. 19 (2): 193–208. doi:10.1080/14786010600764567. S2CID 144828566.
- Prescott, J.J.; Rockoff, Jonah E. (February 2011). "Do Sex Offender Registration and Notification Laws Affect Criminal Behavior?". Journal of Law and Economics. 54 (1): 161–206. CiteSeerX 10.1.1.363.1170. doi:10.1086/658485. S2CID 1672265.
- DUWE, GRANT; DONNAY, WILLIAM (May 2008). "The Impact of Megan's Law on Sex Offender Recidivism: The Minnesota Experience". Criminology. 46 (2): 411–446. doi:10.1111/j.1745-9125.2008.00114.x.
- "Sex offender sentencing in Washington State: Has community notification reduced recidivism?". Washington State Institute for Public Policy. December 2005.
- "Studies question effectiveness of sex offender laws". Science Daily. 30 August 2011.
- ^ Levenson, Jill S.; Brannon, Yolanda N.; Fortney, Timothy; Baker, Juanita (12 April 2007). "Public Perceptions About Sex Offenders and Community Protection Policies" (PDF). Analyses of Social Issues and Public Policy. 7 (1): 6. doi:10.1111/j.1530-2415.2007.00119.x.
- Anderson, A. L.; Sample, L. L. (4 April 2008). "Public Awareness and Action Resulting From Sex Offender Community Notification Laws". Criminal Justice Policy Review. 19 (4): 371–396. CiteSeerX 10.1.1.544.7814. doi:10.1177/0887403408316705. S2CID 145080393.
- "Teenager's Jailing Brings a Call to Fix Sex Offender Registries". The New York Times. 4 July 2015.
- "The Today Show Weighs In on Our "Accidental Sex Offender" Story". Marie Claire. Retrieved 5 January 2016.
- "National conference aims to soften, reform sex offender laws". KOAT Albuquerque. 29 August 2012.
- "Child Molesters: A Behavioral Analysis" (PDF). National Center for Missing and Exploited Children. p. 15. Retrieved October 25, 2015.
- "Five years after Jessica Lunsford's killing, legislators rethink sex offender laws - St. Petersburg Times". www.tampabay.com. Archived from the original on 2010-03-01.
- Ellman, Ira M.; Ellman, Tara (16 September 2015). "'Frightening and High': The Supreme Court's Crucial Mistake About Sex Crime Statistics" (PDF). Forthcoming, Constitutional Commentary, During Fall, 2015.
- "How a dubious statistic convinced U.S. courts to approve of indefinite detention". The Washington Post. 20 August 2015.
- "Matthew T. Mangino: Supreme Court perpetuates sex offender myths". Milford Daily News. 4 September 2015.
- "[J-121B-2016oajc] IN THE SUPREME COURT OF PENNSYLVANIA" (PDF). Supreme Court of Pennsylvania. Retrieved 19 July 2017.
- "Registered Sex Offenders May Shorten Registration Period According to PA Supreme Court". 20 July 2017.
- "Federal judge rules Colorado sex offender register unconstitutional". Reuters. 2017. Archived from the original on September 12, 2017.
- Tewksbury, Richard; Jennings, Weley G; Zgoba, Kristen. "Sex offenders: Recidivism Collateral Consequences" (PDF). National Criminal Justice Reference Service.
- "COLORADO SEX OFFENDER REGISTRATION FORM" (PDF). Colorado Bureau of Investigation.
- Levenson, Jill; Letourneau, Elizabeth; Armstrong, Kevin; Zgoba, Kristen Marie (June 2010). "Failure to Register as a Sex Offender: Is it Associated with Recidivism?". Justice Quarterly. 27 (3): 305–331. doi:10.1080/07418820902972399. S2CID 145666215.
External links
- Sex Offender Solutions & Education Network
- National Association for Rational Sexual Offense Laws
- Women Against Registry
- US Dept. of Justice sex offender public website
- Reports & Papers on Sex Offenses
- Association for the Treatment of Sexual Abusers