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This article is part of a series on the
Sex offender registries in the United States
Legislation Federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act Megan's Law Adam Walsh Child Protection and Safety Act International Megan's Law to Prevent Demand for Child Sex Trafficking State Jessica's Law California Proposition 83 (2006) Other PROTECT Act of 2003 Sexually violent predator laws
Constitutionality Constitutionality of sex offender registries in the United States Supreme Court decisions Smith v. Doe Connecticut Department of Public Safety v. Doe
Effectiveness Effectiveness of sex offender registration policies in the United States
Social issues Homelessness Julia Tuttle Causeway sex offender colony Miracle Village Pervert Park Controversial designations as offender Genarlow Wilson Janet Allison Kevin Gillson
Reform activism Alliance for Constitutional Sex Offense Laws National Association for Rational Sexual Offense Laws Women Against Registry - W.A.R. Movement to reform sex offender laws in the United States
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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 NCMEC, as of 2015 there were 843,260 registered sex offenders in United States.

Overview

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 judicial discretion, and is barred from considering mitigating factors with respect to registration. 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 DNA 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.

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. According to Human Rights Watch, children as young as 9 have been placed on the registry; juvenile offenders account for 25 percent of registrants.

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 as equally dangerous, 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 conviction offense or assessed risk level; in others all registration is for life. Some states allow removal from the registry under certain specific, limited circumstances.

Stakeholders like civil rights groups, law reform activists, scholars, treatment professionals, some victim advocates, some legislators and law enforcement officials have expressed their worries that current laws may have become too broad and may often 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 live as law-abiding citizens, as well as impacting their families.

The Supreme Court of the United States has upheld sex offender registration laws twice, in two respects. Several challenges to some parts of state level sex offender laws have succeeded, however.

History

In 1947, California became the first state in the United States to have a sex offender registration program. 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. Heinous 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 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

In 1989, a 11-year-old boy, Jacob Wetterling, was abducted from a street in St. Joseph, Minnesota. Even though it is not known who abducted Jacob, many assumed the perpetrator to be one of the sex offenders living in a halfway house in St. Joseph. 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 registry of offenders convicted of qualifying sexual offenses and certain other offenses against children, to track known 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 certain time period to enact the legislation, along with guidelines established by the Attorney General. The registration information collected was treated as private data for law enforcement purposes only, although law enforcement agencies were allowed to release relevant information that is 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.

Megan's Law of 1996

In 1994, 7-year-old Megan Kanka from Hamilton Township, Mercer County, New Jersey was raped and killed by a recidivist pedophile. 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 not a sufficient form of community protection. Her 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. The federal Megan's Law was a subsection of the Jacob Wetterling Act. The two acts 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.

Adam Walsh Act of 2006

The most comprehensive legislation related to the supervision and management of sex offenders is the Adam Walsh Act, 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 in 25th anniversary of his abduction as a result of the advocacy of his father, John Walsh.

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 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.

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 and/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 and/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 their registration period in previous residence. 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. 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. 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 name, nicknames, aliases, photograph, social security number, current physical and mailing address, former living address, address of places where offender habitually lives, name and address of school or institution of higher education, if any, telephone numbers, email addresses and other Internet identifiers, place of employment, professional licenses, DNA sample, race, place of birth, fingerprints, palm prints, height, weight, hair color, eye color, birth marks, scars, tattoos, copies of passport and immigration documents, vehicle make, model, color, and license numbers, sometimes including the vehicles of all other (non-sex offender) persons residing at the same address; driver’s license number; 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.

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.

In SORNA 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, while in some states all tier I offenders are excluded from public disclosure.

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 state to another in order to avoid public notification.

Exclusion zones

Laws restricting where registered sex offenders may live or work became increasingly common since 2005. At least 30 states have enacted statewide residency restrictions prohibiting registrants from living within certain distances from schools, parks, day-cares, school bus stops, or other places where children may congregate. Distance requirements range from 500-2500 feet, but most common are 1000-2500-foot boundaries. In addition hundreds of counties and municipalities have passed local ordinances exceeding the state requirements. In addition, some local communities have created exclusion zones around churches, pet stores, movie theaters, libraries, playgrounds, tourist attractions or other "recreational facilities" such as stadiums, auditoriums, swimming pools, skating rinks and gymnasiums, regardless whether publicly or privately owned. Although restrictions are tied to distances from areas where children may congregate, most states apply exclusion zones to all registrants. In 2007 report, the Human Rights Watch identified only 4 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 2005 Atlantic hurricane season. In 2007 Tampa, Florida 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. As 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. Colony was disbanded in 2010 when 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.

Some communities have loitering 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. 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. In 2006 Tennessee 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".

Additional restrictions

The State of Missouri restricts the activities of registrants on Halloween, 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".

Some states have Civil confinement laws, which allow very-high-risk sex offenders to be placed in psychiatric hospitals or forced to live under very heavy supervision after the end of their normal sentences.

Facebook and Twitter prohibit any convicted sex offender from accessing and/or contributing to their websites.

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 is expected to contribute to known risk factors, and to offenders failing to register, and to the related potential for re-offending.

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.

Impact on registrants

Research has identified the negative effects of registration and notification laws for sex offenders, which may have unintended counterproductive consequences. Social stigma 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.

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. A majority report psycho-social consequences such as depression, hopelessness, and fear for their own safety. Some have experienced vigilante activities such as property damage, harassment, and physical assaults. In at least two instances, sex offenders have been murdered in vigilante attacks tied to public registries.

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 stigma. 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.

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. 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 physically assaulted 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.

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 stigmatized 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.

80% of registrant’s children were reported exhibiting anger, 77% depression, 73% anxiety, 65% feeling left out by peers, and 63% fear. 13% of the children of registrants were reported to exhibit suicidal tendencies.

Effectiveness

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. 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. A few studies indicate that sexual recidivism may have been lowered by SORN policies. 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.

According to the New York Times Editorial Board, "there is not a single piece of evidence" that sex offender residency restrictions make children safer. The California Supreme Court found that the restrictions reduce safety, by driving sex offenders into homelessness, which makes them harder to monitor and less likely to receive rehabilitative services.

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. Only a small minority is committed by strangers. First-time offenders are by definition not on the registry.

Effectiveness of registration and notification

In Minnesota, a law requiring community notification on high-risk offenders was implemented in 1997. To examine the relationship between community notification and recidivism, the Minnesota Department of Corrections conducted a study comparing differences between three groups. A notification group consisted of 155 Level 3 sex offenders ("high public risk"). This group was subject to broad community notification after release from Minnesota prisons between 1997 and 2002. Two control groups were compared with this notification group. The first control group -prenotification- was built using a statistical matching technique and consisted of 125 offenders released between 1990-1997 who likely would have been assigned to Level 3, and would have been subject to community notification had the law been at place at the time of their release. A second control group -non-notification- consisted of offenders assigned to Level 1 and Level 2 who were released between 1997-2002 and not subject to broad community notification. The sexual re-conviction rates within a 3 year period for the notification, pre-notification and non-notification groups was found to be 3.2%, 32.8% and 9.6%, respectively. The authors concluded that these results suggest a community notification system based on tiered risk-management has an effect of reducing recidivism, although they noted that part of the effect might arise from heightened penalties and post-release supervision, improved treatment, or unmeasured historical factors unique to the 1990-1996 period. They further concluded that applying community notification to low-risk offenders would hinder their ability for successful community re-entry, and probably would not produce appreciable reduction in sexual recidivism given the low base rate (5-7% within 3 years) of recidivism in that sample.

Study conducted in University of Michigan Law School in 2008, distinguishing between the effects of registration (police- only) and community notification (public registries), analyzed Uniform Crime Report data from 15 states over more than 10 years. The study found evidence that police-only registration laws reduce the frequency of reported sex offenses, particularly when the number of registrants is large but making the registry information available to the broader public may "backfire", leading to higher overall rates of sex crime. An average-size registry was estimated to decrease crime by approximately 1.21 sex offenses per 10,000 people, which correspond to 13 percent reduction on average. This drop in crime was found to benefit local victims (acquaintances, neighbors, and victims of known offenders, as well as possibly family members, friends, and significant others). Study found no evidence that registration had any effect to the level of crime against strangers. The same study found that notification laws may affect sex offense frequency, although not in a way as lawmakers intended. Notification laws were found to reduce the number of sex offenses when the size of the registry is small but these benefits disappear when more offenders are made subject to notification requirements. Making the registration information public was found to increase the number of sex offenses by more than 1.57 percent. Authors concluded that providing information on convicted sex offenders to local authorities may be beneficial as this increases monitoring and likelihood of punishment for recidivism, which translates to lower rate of recidivism as predicted in simple model of criminal behavior. By making the same information public offenders become more likely to commit crimes because the associated psychological, social, or financial costs make crime-free life relatively less attractive.

Another study done in University of Chicago Law School compared data on over 9,000 sex offenders released from prison in 1994. About half of those offenders were released into states where they needed to register, while the other half did not need to register. The study found little difference in the two groups' propensity to re-offend. In fact, those released into states without registration laws were slightly less likely to re-offend. The study also showed that blocks in Washington DC where sex offenders lived did not have higher rate of sex crimes nor over-all crimes. Study concluded that registered sex offenders do not appear to have lower rates of recidivism than those sex offender who are not required to register, and that knowing where a sex offender lives does not reveal where sex crimes, or other crimes, will take place.

Perceptions

Research on public perceptions about sex offenders has found that general population holds inaccurate beliefs. High rates of sex offender recidivism are commonly cited in support of related legislation. Public believes in very high, 75%, rate of recidivism among all sex offenders, and strongly supports restrictions and public registration on all offenders. However, studies consistently find considerably lower sex offense recidivism rates. According to two Office of Justice Programs of the United States Department of Justice studies recidivism rate for sex offenders is lower than any other group of criminals except those convicted of homicide.

Legislators opine that sex offender registration is a necessary tool. Although, majority of legislators responsible for introducing sex offender related laws appear to be skeptical about whether they reduce sex crime. They characterize their decision to introduce sex offender legislation as a proof that something is being done to the problem of sexual offending.

Public perceptions

Public perceives sex offenders having very high risk of recidivism, views offenders as homogeneous group regard to that risk and are skeptical about effectiveness of treatment, 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. Furthermore, 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 the media depictions vast majority (93%) of sexual offense victims are known to the offender, either related, or intimate to the victim. Reports also suggest clearly higher rates of perpetration than of detection. Majority of public endorses broad community protection policies and opine that such policies successfully reduce sexual crime. Small proportion acknowledges that registrants pose different risk levels and think that low level offenders should be excluded from community notification.

Policy-makers' perceptions

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.

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. However, nearly all agreed "that current sex offender legislation...successfully addressed the public’s demand for action” resulting 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...". 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.

Maine state senator William Diamond opined in an interview that current policies have "inherent flaws" but reforming them is problematic to policymakers: “Year in and year out, the public wants us to be tough on sex offenders, and as lawmakers, we don’t want to be seen as weak. But the more you learn, the more you realize that a knee-jerk reaction doesn’t help.”

Other

Anthropology professor Roger Lancaster has called the child safety zones “tantamount to practices of banishment” that he deems disproportionately harsh, noting that registries include not just the “worst of the worst” such as child rapists and violent repeat offenders but also “adults who supplied pornography to teenage minors; young schoolteachers who foolishly fell in love with one of their students; men who urinated in public, or were caught having sex in remote areas of public parks after dark.” In many instances, individuals have pleaded guilty to an offense like urinating in public decades ago, not realizing the result would be their placement on a future sex offender registry, and all of the restrictions that come with it.

Russell Banks whose “Lost Memory of Skin” was inspired by Julia Tuttle Causeway sex offender colony said: “The trouble with the law is that it lumps everyone together: serial rapists, pedophiles, guys convicted of indecent exposure because they got caught urinating outside, some 18-year-old boy who has oral sex with a 15-year-old,” He noted that fear of sex crimes has become a "national preoccupation", and compared it to the Salem witch trials.

Constitutionality

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 ex post facto, due process, cruel and unusual punishment, equal protection and search and seizure. 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.

Important cases and dubious statistics

Two U.S. Supreme Court decisions have been heavily relied upon by legislators, and other courts in their own constitutional decision, mainly upholding the registration and notification laws. In McKune v. Lile, 536 U.S. 24, 33 (2002) the Supreme Court upheld, in a 5-4 plurality opinion, a Kansas law that imposed harsher sentences on offenders who refused participating in a prison treatment program. In justifying conclusion, Justice Kennedy wrote that sex offenders pose “frightening and high risk of recidivism”, which, “of untreated offenders has been estimated to be as high as 80%.”

In following year, in Smith v. Doe, 538 U.S. 84 (2003), 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. Now Justice Kennedy relied on this earlier language of McKune v. Lile and wrote:

"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)..."

— Justice Anthony Kennedy, Smith v. Doe, 538 U.S. 84 (2003)

According to a study by law Professor Ira Mark Ellman and Consultant Tara Ellman, statistics cited by Justice Kennedy are "false 'facts'". The study found that in McKune v. Lile, the solicitor general provided only one citation to support its claim “that the recidivism rate of untreated offenders has been estimated to be as high as 80%.” The source for the claim was the "U.S. Department of Justice, National Institute of Corrections, A Practitioner’s Guide to Treating the Incarcerated Male Sex Offender released in 1988." The Practitioners Guide itself cites one source which originates from "a mass market magazine aimed at a lay audience", and was bare assertion with no supporting citations by a treatment program counselor, who is not a scholar and has no expertise in sex offender recidivism. Furthermore the article was about counseling program the counselor run in Oregon prison, not about sex crime recidivism. Study concluded that the claim of high re-offense rates among all sex offenders, and the effectiveness of counseling programs in reducing it, was merely "unsupported assertion of someone without research expertise who made his living selling such counseling programs to prisons", and that use of the unsourced statistics in McKune v. Lile was "at best irresponsible".

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 Connecticut Dept. of Public Safety v. Doe (2002) the Supreme Court of the United States affirmed this public disclosure of sex offender information.

Ex post facto challenge

In Smith v. Doe, 538 U.S. 84 (2003), the Supreme Court upheld Alaska's sex-offender registration statute. Reasoning that sex offender registration deals with civil laws, not punishment, the Court ruled 6–3 that it is not an unconstitutional ex post facto law. Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer dissented.

in Charles v. Alaska, Supreme Court No. S-12944, Court of Appeals No. A-09623, Superior Court No. 1KE-05-00765 C O P I N I O N can be found in its entirety here: 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.

Due process challenge

In Connecticut Dept. of Public Safety v. Doe, 538 U.S. 1 (2003), the Court ruled that Connecticut's sex-offender registration statute did not violate the procedural due process of those to whom it applied, although the Court "expresses no opinion as to whether the State's law violates substantive due process 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."

State Court rulings

Alaska

After losing the constitutional challenge in the US Supreme Court in 2002 one of the two Doe's in the case committed suicide. The other Doe began a new challenge in the state courts. Per the ALASKA DEPARTMENT OF PUBLIC SAFETY website: On 25 July 2008, Doe number two prevailed and the Alaska Supreme Court ruled that the Alaska Sex Offender Registration Act’s registration violated the ex post facto clause of the state's constitution and ruled that the requirement does not apply to persons who committed their crimes before the act became effective on 10 August 1994.

California

The California Supreme Court ruled on 2 March 2015 that a state law barring sex offenders from living within 2,000 feet of a school or park is unconstitutional. The ruling immediately affects only San Diego County, where the case originated. The court found that in San Diego County, the 2,000-feet rule meant that less than 3 percent of multi-unit housing was available to offenders. Additionally, federal law banned anyone in a state database of sex offenders from receiving federal housing subsidies after June 2001.

Florida

In the ruling of Heggs v. State, 718 So.2d 263(1998), and in 2000, The Supreme Court denied Florida's request for rehearing on the constitutionality of the 1995 sentencing guidelines due to the unconstitutionality being a violation of the "Single Subject Rule," leaving the decision by the 2nd DCA to set precedence. It has opened a Pandora's box for Florida Legislature as many laws that were enacted violating Article III, section 6, Single subject rule are open to constitutional arguments. In the decision of Heggs, many laws which were enacted now face a constitutional argument as it is clear there is an unconstitutional, illegal and unlawful enactment of §943.0435, which was enacted in Florida Chapter Law 97-299: Senate Bill 958. The Bill was related to the release of Public Records Information.

Florida legislature outlined Sex Offender Registration in the creation of §943.0435, further in the Bill the single subject rule was violated when 1998 §921.0017 Credit Upon Resentence of an Offender Serving a Split Sentence, which has nothing in regards to the release of public records information as Legislature attempted to mask a cross reference correction. In the correction there was statutory language added in effort to bring it in compliance with the Florida Constitution and 3 subsections appeared in §921.0017, that were in regards to appropriation of funds.

In the 1998 supplement where the new amendments and created laws would have been published. §921.0017 as well as §921.243 were no where to be found. In great research the cross reference error in §921.0017 was the focus, and the added statutory language appears in an illegally and unlawfully enacted statute §921.243 that cites 97 – 299; Senate Bill 958; Florida chapter law 97-299 never creates §921.243, nor ever cites it for amendment and the 3 subsections dealing with appropriation of funds are being searched for within the 1998 supplement, as they are of great interest due to Albrights summary which he made it clear that Senate Bill 958 would not need any new funding or cause for any new taxes. The confusing things is there was no scheduled House meeting according to the Florida House of Representatives Website, yet the Analysis summary is dated 17 March 1997 with 7 yeas and 0 nays from Committee on Crime and Punishment & Representatives Albright, Ball & others. Florida could stand to be the only State unable to justify any constitutional reasoning as this has yet to be decided nor the reasoning for the appropriations found.

Hawaii

In State v. Bani, 36 P.3d 1255 (Haw. 2001), the Hawaii State Supreme Court held that Hawaii's sex offender registration statute violated the due process clause of the Constitution of Hawaii, ruling that it deprived potential registrants "of a protected liberty interest without due process of law". The Court reasoned that the sex offender law authorized "public notification of (the potential registrant's) status as a convicted sex offender without notice, an opportunity to be heard, or any preliminary determination of whether and to what extent (he) actually represents a danger to society".

Maryland

In 2013 The Maryland Court of Appeals, the highest court of Maryland, declared that the state could not require the registration of people who committed their crimes before October 1995, when the database was established. State officials removed the one name in question in the case but maintained that federal law required them to keep older cases in the database. In July 2014 Maryland Appeals Court ruled that federal law doesn’t override the state’s Constitution and that requiring people to go back and register amounted to punishing them twice, a violation of the state’s Constitution.

Michigan

U.S. District Court Judge Robert Cleland issued a ruling March 31, 2015 striking down four portions of Michigan's Sex Offender Registry Act, calling them unconstitutional. A ruling stated the "geographic exclusion zones" in the Sex Offender Registry Act, such as student safety areas that stretch for 1,000 feet around schools, are unconstitutional. Judge Cleland also stated law enforcement doesn't have strong enough guidelines to know how to measure the 1,000-foot exclusion zone around schools. Neither sex offenders or law enforcement have the tools or data to determine the zones.

Missouri

Many successful challenges to sex offender registration laws in the United States have been in Missouri because of a unique provision in the Missouri Constitution (Article I, Section 13) prohibiting laws "retrospective in operation".

In Doe v. Phillips, 194 S.W.3d 837 (Mo. banc 2006), the Supreme Court of Missouri held that the Missouri Constitution did not allow the state to place anyone on the registry who had been convicted or pleaded guilty to a registrable offense before the sex offender registration law went into effect on 1 January 1995. and remanded the case for further consideration in light of that holding. On remand, the Jackson County Circuit Court entered an injunction ordering that the applicable individuals be removed from the published sex offender list. Defendant Colonel James Keathley appealed that order to the Missouri Court of Appeals in Kansas City, which affirmed the injunction on 1 April 2008. Keathley filed an appeal with the Supreme Court of Missouri.

In response to these rulings, in 2007, several Missouri state Senators proposed an amendment to the Missouri Constitution that would exempt sex offender registration laws from the ban on retrospective civil laws. The proposed amendment passed the State Senate unanimously but was not passed by the Missouri House of Representatives before the end of the 2007 legislative session. The same constitutional amendment was proposed in and passed by the Missouri Senate again in 2008, but also was not passed by the House of Representatives by the end of that year's legislative session. As a result, the decisions of the Missouri courts prohibiting the retrospective application of sex offender laws remained intact.

The Missouri Supreme Court ruled on Keathley's appeal (Doe v. Phillips now styled Doe v. Keathley) on 16 June 2009. The Court held that the Missouri Constitution's provision prohibiting laws retrospective in operation no longer exempts individuals from registration if they are subject to the independent Federal obligation created under the Sexual Offenders Registration and Notification Act (SORNA), 42 U.S.C. § 16913. As a result, many offenders who were previously exempt under the Court's 2006 holding in Doe v. Phillips were once again required to register.

On 12 January 2010, Cole County Circuit Judge Richard Callahan ruled that individuals who plead guilty to a sex offense are not required to register under Federal Law and thus are not required to register in Missouri if the date of their plea was prior to the passage of the Missouri registration law.

Missouri also has a number of laws that restrict the activities of persons required to register as sex offenders, several of which have also been challenged as being retrospective in their operation. On 19 February 2008, the Supreme Court of Missouri held that a law prohibiting registered sex offenders from residing within one thousand feet of a school was retrospective in operation as applied to registered sex offenders who had resided at a location within such a distance prior to the enactment of the law. Another exception to the school-residence proximity requirement was handed down by the Court on 12 January 2010 in F.R. v. St. Charles County Sheriff's Department. In this case, F.R. was convicted prior to the enactment of the law and the Court held that, as such, he was not required to abide by the restriction. Consolidated with F.R. was State of Missouri v. Raynor, in which the Court found that Charles A. Raynor was not required to comply with R.S.Mo. § 589.426, a law restricting the activities of registered sex offenders on Halloween. It should be noted that, in both F.R. and Raynor, the ruling applies only to the named party.

New York

Local governments in New York cannot restrict where registered sex offenders can live, according to a ruling by the state's highest court published 31 May 2015. Under New York law, only level 3 offenders and those on probation or parole are prohibited from being within 1,000 feet of school grounds or a day care center.

North Carolina

In North Carolina, § 14-27.5A or sexual battery is a misdemeanor and a requirement for registry for a period of 30 years. North Carolina has labeled the law as sexually violent offense despite it being a misdemeanor.

§ 14-202.5 Bans use of commercial social networking Web sites by sex offenders. Potentially this means that a registered offender could be charged by authorities for use of Google or other public internet sites. On August 20, 2013 the North Carolina Court of Appeals struck down the law saying law "is not narrowly tailored, is vague, and fails to target the 'evil' it is intended to rectify," the three-judge appellate panel said in its 21-page opinion. On August 30, 2013 the NC Supreme Court grants NC Attorney General Roy Cooper’s request for a stay of Court of Appeals ruling. That stay was granted but no other outcome from that stay has moved forward.

G.S. 14-208.18(a)(2), which makes it a Class H felony for certain registered sex offenders to “knowingly be . . . ithin 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that not intended primarily for the use, care, or supervision of minors, including, but not limited to, that are located in malls, shopping centers, or other property open to the general public.” This law as written could be interpreted that sex offenders could be arrested at a McDonald’s, shopping malls, stores that sell video games and churches. The law was challenged and overturned in 2009 by a Chatham County Superior Court judge, but never removed or rewritten and still enforced on levels of interpretation by local sheriffs. On February 17, 2015, Graham County Sheriff Danny Millsaps told registered sex offenders they can't go to church, citing a state law meant to keep them from day-care centers and schools. He invited them to attend church service at the county jail. In Buncombe County, sex offenders are permitted in church as long as pastors know and are in agreement, Sheriff Van Duncan says.

The U.S. Supreme Court ruled on March 30, 2015 that a North Carolina sex offender should have a chance to challenge an order that he/she wear a GPS monitoring bracelet around the clock and for the rest of his life. The defendant Torrey Dale Grady argued that the state's lifetime GPS monitoring system is unreasonable because it allows state officials to enter his home - with or without his permission - to maintain a GPS monitoring base station. Grady also complains that he must charge the bracelet every day by plugging it into a wall outlet for four to six hours at a time. In 2012, the court ruled that placing the tracking units on cars to follow their movement is a search. That case did not decide whether attaching the devices without a search warrant violated the Constitution.

Ohio

In July 2011 the Supreme Court of Ohio ruled the Ohio version of Adam Walsh Act to be punitive, rather than a civil regulatory measure. This decision barred retroactive application of Ohio's Adam Walsh Act to those whose crimes predated the law's enactment. The Ohio Supreme Court has also found automatic lifetime registration for juveniles to be unconstitutional.

Pennsylvania

In December 2014 the Pennsylvania Supreme Court ruled that Pennsylvania’s sex offender registry for juvenile offenders was unconstitutional. In a 5-1 decision, the court concluded that the state, by making an “irrefutable presumption” about adults’ behavior based on crimes they committed as teens, violated their constitutional right to due process.

Application to misdemeanors and non-sexual offenses

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In some states, those with convictions for certain misdemeanors have to register. For example public indecency or misdemeanor sexual assault (fondling) may require registration.

Sex offender registration has been applied to certain non-sexual offenses. In various states, crimes that society does not necessarily view as sexual in nature are also considered to be registerable sex offenses, such as kidnapping, "sexual misconduct", unlawful imprisonment, and in some cases "sexually motivated offenses" (such as assault, burglary, etc.) that are not categorized as sexual offenses unless the court determines that the offense was committed pursuant to the offender's own sexual gratification. Often, kidnapping and unlawful imprisonment are registerable offenses if the victim is under age of majority or age of consent, and the offender is not a parent of the victim.

A few states have created separate online registries for non-sexual crimes. Montana, for example, has a publicly accessible violent offender registry that includes crimes such as aggravated assault, robbery, assaulting a peace officer, both deliberate and non-deliberate homicide and a third conviction for domestic violence. Kansas has publicly accessible registries of people convicted of serious drug offenses, and crimes involving a weapon. Indiana, Illinois, Kansas, Oklahoma, and Montana have publicly accessible registries for those convicted of murder. Florida requires all felons, to register with law enforcement for 5 years after release, although the registry is not available to the public. If a felon in Florida is convicted of enough non-sexual felonies in a certain period of time, however, they are required to register for the rest of their life on a "Habitual Offender" registry that is available to the general public. Ohio has a publicly accessible registry for people convicted 5 or more times of drunken driving.

In 2014, a murder registry was proposed in Rhode Island and an animal abuser registry was proposed in Pennsylvania. A bill to create a publicly accessible registry for domestic violence offenders passed the Texas House of Representatives in 2013, but was not voted on in the Texas Senate.

Reform advocacy

Sex offender legislation has generated grass-root opposition from organizations who argue that laws extend to too many offenses and have exceeded their original intent. They say that laws unfairly punish registrant and put them and their families on a public "hit-list" even decades after the offender has served their criminal sentence, and note that studies do not generally find registries effective. More than 50 organizations - at least one in each state - have been formed. National groups, Women Against Registry and RSOL, along with their state affiliates seek to educate and lobby the public and law makers for legislative reform. The organizations and their state affiliates have challenged the constitutionality of the laws in courts. In April 2015 Women Against Registry informed that they are preparing federal class action lawsuits, one on behalf of registrants and second on behalf of their families. RSOL challenged sex offender restrictions in California, where blanket residency restrictions were ruled unconstitutional by the state supreme court in early 2015.

See also

• Circles of Support and Accountability
• Sarah's Law
• Child Sex Offender penalties.

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External links

• US Dept. of Justice sex offender registry
• Sex offender registry by state on PublicRecordsWire.com (subscription required)
• Reform Sex Offender, Laws Inc. RSOL
• Reports & Papers on Sex Offenses
• Association for the Treatment of Sexual Abusers
• Registry inaccuracies
  • Sex Offender Accused of Falsely Registering Family's Address
  • Sometimes 'sorry' doesn't cut it Police raid apartment long after sex offender has moved out
  • Sex Offender Community Notification in Scotland (Briefing Paper)

• Sex offender registration
• Sex laws
• Sex offender registries in the United States
• Sex crimes in the United States