Around the Web

Sentencing Law and Policy has a post discussing a new article on SSRN entitled: Banishment of Sex Offenders: Individual Liberties, National Rights and the Dormant Commerce Clause, Environmental Justice, and Alternatives.  You can view the article here.

The Denver Post has an interesting article discussing the problems involved with "implementing some of the requirements of the [Adam Walsh Act] — such as making the names and addresses of juvenile sex offenders available on the Internet."  Specifically, the article mentions that Colorado state officials have "met for more than a year to decide whether to comply with the Adam Walsh Act by July or lose $240,000 in federal funding," which the article states "may be worth losing the money since it could cost more to fulfill the law's requirements."

The Iowa Supreme Court has ruled that a sex offender "was not discriminated against when he was charged with violating a residency rule that he claimed was not in effect when he bought his house."  The man, who was convicted in 1997 as a sex offender, bought a home within 2,000 feet of a school in 2005.  He was later charged for violating the residency restrictions, but he argued that "there was a federal court injunction in effect when he purchased the house."  You may view the decision here. HT: How Appealing.

Comments

[Daniel]

I posted my comments yesterday on Willard v. Iowa on my blog.

http://corrupthive.wordpress.com/

[Land of the free?]

Maine Juvenile Justice Advisory Group also voted against Adam Walsh Act of including juveniles

MINUTES
May 23, 2007

The JJAG held the April meeting on April 25, 2007 at The Maine Criminal Justice Academy, Paul Vestal, Jr., Chair, presiding.

Christine also spoke about the now enacted Sex Offender Registry Notification Act that requires any juvenile over 14 adjudicated of what would be considered aggravated sexual abuse in the federal statutes would require a juvenile to register as a sex offender on the federal registry for life. (In Maine it would be gross sexual assault or unlawful sexual touching that involves direct touching of a child under 12 or that occurs as a result of compulsion.) If the juvenile is clean of violations after 25 years they can move to be removed from the registry but essentially that child’s early life is going to be shattered by the necessity of the sex offender registration. This is going to have a huge impact on victim advocates and on how the prosecutors respond to these cases. Christine sees huge unintended consequences contrary to what the federal government may have intended in keeping communities safe.

She has basically been told that “the train has left the station and there is no turning back” so she thinks the hands of the judges here in Maine are tied. This will bring a lot of pressure on her and Ned as to how to resolve this.

Barry asked about penalties if states do not comply and Christine said it has to do with the money, but she is not sure what it is. Denise Giles said it has to do with the loss of the Edward Byrne funds. Denise said there is a group of stakeholders looking into this and they are trying to get a final figure out of Maine Public Safety because that is where the money is funneled through, but it looks like we might just need to say the heck with it. She said that states have three (3) years to comply with This Registry. Denise said if you want to give any input you might want to get it over to the Director of Public Safety.

Juveniles who commit new crimes and come into the system as juveniles still can be captured in that registration requirement once we get into compliance. Denise said Chris Pharr from Public Safety is taking the lead on this. Denise also said Ann Jordan, Commissioner of Public Safety, Evert Fowle District Attorney for Somerset and Kennebec County, and Denise Lord Associate Commissioner of the Department of Corrections were some of the other people involved. Barry offered to have SBT (Sexual Behavioral Treatment) folks from the facilities come up and do a report on the recidivism rate of juveniles who are adjudicated of serious sexual offenses who subsequently within one year are charged with a new sexual offense. Margaret feels quite strongly against this coming to Maine and asked if Paul had any sense nationally what other states are going to do. Are they going to turn down the money and just not register? Paul said he thinks that would be based pretty much on a state by state basis because some of the states do already get large sums of money for this and Denise said some states already do register juveniles. Paul said what we need to do is follow this and then take a shot at it. Paul said if Public Safety says they are not going to fight to keep the Byrne funds and have this be enacted in the

State of Maine then that would be one big barrier that would be out of the way right from the start.

Denise also mentioned that she had some information on some concerns about the Adam Walsh Act on the Tribes because it negatively impacts Tribes ability to manage within the Tribal Court system. Denise said she would send Carla that information.

Margaret wanted to get a sense from the other Group members about their feelings on taking a position on the inclusion of juveniles in the registry now. Margaret’s feeling is that we need to take a very strong public stance that we do not support that. Paul said we could take a straw poll and say how many members supportive opposing the registering of juveniles and not taking a real position until we really know where to aim our shots. Ned said he thought it was important that whoever is working with those stakeholders know that the JJAG opposes the application of the Adam Walsh Act. Christine said she does not think we could pick and choose what parts of the Act we accept. We either do the whole Act or give up the Byrne money and say thanks but no thanks. Christine asked what would the push back might be if there is a need to have Maine adults in the registry. Denise said she thinks there are parts of the Act where we can get some waivers so it may not be all or nothing and that is one of the things being looked at.

Motion: Motion to vote that the JJAG not support the portion of the Adam Walsh Act that covers

the registration of juvenile offenders on the national registry

Moved: Margaret Longsworth/Ned Chester 2nd

Action: Approved