Archive for September 10, 2008

Federal Judge Stops New State Sex Offender Law

September 10, 2008 Comments off (Nevada) : Federal Judge Stops New State Sex Offender Law
San Luis Obispo County Website : Judge restricts sex offender laws

A federal judge Wednesday put a stop to a new state sex offender law. The law would have reclassified sex offenders putting them in categories based on the crimes they committed.
Opponents say the new system is unfairly targeting non-dangerous offenders.

It means sex offenders who committed crimes years ago, and served their time, will not have to worry about their past resurfacing. “I was charged with a sex crime against an adult. I did my time — 22 years — and now in the state of Nevada they are trying to implement sanctions which would make it impossible to live,” said Wolten.

Maggie McLetchie with the ACLU argued the law once again punishes sex offenders who have already served jail time. “You were throwing all kinds of people into this sex offender group — anybody. Number of people could have qualified as sex offender under the definition. It made no sense. It would not have furthered public safety.” McLetchie says it would ruin hundreds of lives. “It would have put them at risk of losing their jobs, put their families at risk of violence.”

Wolten says some sex offenders are considered more dangerous than others. And this is why the new law was challenged. “Sex predators, you’re mixed in the means with people that are killing and molesting children. I have an 8-year-old daughter. I don’t have any issues like that. I don’t want to be in that factor,” said Wolten.

The judge made it very clear his decision Wednesday has no affect on existing laws when it comes to sexual crimes against children.

What Will it Cost States to Comply with the Sex Offender Registration and Notification Act?

September 10, 2008 Comments off

NJJN – National Juvenile Justice Network: What Will it Cost States to Comply with the Sex Offender Registration and Notification Act?

Provides a chart that shows that for all states, the first-year cost of implementing SORNA outweighs the cost of losing 10 percent of the state’s Byrne Grant money (the consequence of not complying with SORNA by July 2009). The sheet also gives detailed information on the cost analyses performed by Ohio and Virginia.

Ohio will spend 18.6 million dollars to implement the SORNA laws in 2009.
In return for implementing this law before the deadline, Ohio will receive $622,383
(the 10% of Byrne Funding).

In other terms, Ohio will spend 30 times more to implement these laws than it will receive by the federal government for doing so.

Download report here (PDF file).

Montanta Judges: Yes and No on Sex Offender Law

September 10, 2008 Comments off Federal Judges Disagree on Sex Offender Registry

BILLINGS – Two district judges in Montana have reached opposite conclusions about the constitutionality of a federal law that requires sex offenders to register with local authorities when they move to another state.

District Judge Richard Cebull in Billings ruled Friday that the Adam Walsh Act and the included Sex Offender Registration and Notification Act (SORNA) are constitutional. But District Judge Donald Molloy in Missoula ruled in June that the act didn’t pass constitutional muster.

The contradictory rulings mean the U.S. 9th Circuit Court will have to resolve the matter.

After determining that Congress exceeded its authority under the Interstate Commerce Clause of the U.S. Constitution, Molloy dismissed the charges against Waybright. That case has been appealed to the 9th Circuit.