How Appealing reports that the Superior Court of Pennsylvania has ruled that homeless convicted sex offenders are not subject to Megan's Law registration requirements. You can read the Court's opinion here. From PennLive.com:
The state appellate court found that William H. Wilgus should not have been prosecuted for violating the requirements to register his address with state police because he could not find a home after being released from prison in 2007.
The court said Wilgus unsuccessfully tried to find housing at several shelters and lived in alleys around Second and Market streets near the Dauphin County courthouse. He was charged with failing to register, and Judge Scott A. Evans initially convicted him and sentenced him to county prison. The judge then reconsidered and found that, because Wilgus didn't have a residence, he could not be required to register an address with authorities.
The prosecution appealed, but the state court agreed with Evans. The court said the point of the law is to inform neighbors, which makes it clear that, as drafted, the law cannot apply to transients.
"If a homeless person, as in Wilgus' case, drifts from park bench to bus stop to alleyway on a daily basis, he will never acquire a fixed abode within a permanent neighborhood," Judge John M. Cleland wrote for the three-judge panel.
The court said Wilgus unsuccessfully tried to find housing at several shelters and lived in alleys around Second and Market streets near the Dauphin County courthouse. He was charged with failing to register, and Judge Scott A. Evans initially convicted him and sentenced him to county prison. The judge then reconsidered and found that, because Wilgus didn't have a residence, he could not be required to register an address with authorities.
The prosecution appealed, but the state court agreed with Evans. The court said the point of the law is to inform neighbors, which makes it clear that, as drafted, the law cannot apply to transients.
"If a homeless person, as in Wilgus' case, drifts from park bench to bus stop to alleyway on a daily basis, he will never acquire a fixed abode within a permanent neighborhood," Judge John M. Cleland wrote for the three-judge panel.
A Place to call Home.
Does anyone know where to find a list of cities and municipalities that currently have residency restriction laws. I am searching for a rental property for my RSO husband, myself, and my disabled mother. Husband has been on parole and still in prison becuz I am unable to provide a acceptable home plan. Working from a list as where NOT to look would be helpful. Thank you in advance.
Posted by: Lisa Johnson | April 19, 2010 at 09:28 PM