TN: lawmakers discuss changes to keep the state’s sex offender registry from being struck down
Tennessee lawmakers are in a rush to make changes to the state’s sex offender registry to avoid parts of it being deemed unconstitutional. This comes after a federal judge in Michigan removed thousands of people from that state’s list — and as 30 virtually identical lawsuits are pending against the state of Tennessee.
The majority of those lawsuits allege that amendments made to the sex offender registry shouldn’t apply retroactively. It’s the same issue that has Michigan lawmakers scrambling to create a new registry. Tennessee legislators held a meeting in Nashville on Wednesday to explore how they could get ahead of the issue here.
Meanwhile, we have several cases in Florida and the 11th Circuit Court of Appeals against the Floida registry. It seems some states are realizing the errors of their ways….just not Florida.
The statement in the source material, states that judges may end up with deciding who stays and who’s off any new registration law in Tennessee. I wonder if that would be an appealable decision?
ALL sorn laws are blatently unconstitutional; for they rely on the false premiss that SOs pose an increased risk of recidivism.
This demonstrably-false premiss is the basis for their “compelling state interest” argument.
It is, in fact, Hogwash! (They have no basis for violating our constitutional rights!)
I certainly have noticed. “Veritas” is a nice way to sign off your contributions here because it’s a fitting exhortation to seek truth, which unfortunately is drowned out by political pandering.
We need both truth and prayers, don’t we?
Oremus indeed.
It all helps of course, but too bad we’re not in the same Federal Judicial Circuit as Michigan and Tenn..
But… any movement in the right direction anywhere in the USA gives me hope.
Oremus.
Sun Kid, I frequently end my posts with the word “veritas.” I think your use of “oremus” may be more appropriate since truth seems to be lost on many in power. At least I got a chuckle out of this.
Veritas.
The issue is making laws retroactive, more commonly referred to as Ex Post Facto. While the US and most State Constitutions bar ex post facto law, the US Supreme Court over a hundred years ago managed screw up yet another case and came to the conclusion ex post factor did not apply to civil law. Prior to that ruling, it applied to both criminal and civil law. Maybe one day some brilliant lawyer will take on an ex post facto case the US Supreme Court will choose to hear and overturn the earlier decision, since most lawyers disagree with the original ruling.
The easiest thing the State of Tennessee could do is change the law to say no one convicted prior to the Registry is subject to it and the rest are only subject to the law as written at the time the crime was committed. But that would be to easy and make sense, so I am positive that will not happen.
Finally, all 50 states should be required by Federal Law or US Supreme Court ruling to have a SOR system whereby registrants can be removed in a reasonable time, based on the type and number of crimes committed. 5/15/life for offenders and 15/life for predators would be a good starting place.
News alert…Judge Cleland did NOT remove thousands of us from the Michigan registry.
So what are the actual laws in Tennessee? On the surface, they don’t look as bad as some. The problem is that as best as I can tell, even if you are a 10year registrant, you have to be on the TENNESSEE registry for either 10 years from end of sanctions OR 5 years after you move to the state from another jurisdiction whichever is longer. The problem is that all restrictions, including the residency restrictions and internet identifier laws will apply. Does Tennessee in practice put out of staters on for life? Even if you had to wait the 5 years to be TAKEN off as opposed to petitioning to GET off, if you weren’t subject to the housing and internet stuff, it would be better than some states.
I frequently travel to our family’s rental cabin in Del rio, TN. Last year we went and spent Thanksgiving up there with my Wife, my 16 year old stepdaughter, and my 18 year old son. I was told that TN does not allow a registrant to stay overnight in a dwelling with a minor (my stepdaughter), so I had to get a hotel room in Newport, TN. 20 minutes away to stay at while up there.
Keep in mind in Floriduh I LIVE with my wife and stepdaughter.
I am currently on supervised release, 4 years in to a 10 year stint. Recently in Floriduh I also enrolled in college at FSCJ and was denied entry because I am on probation, so I can’t finish my degree. How are things like this conducive to re-entry, or moving forward to live a law-abiding life? Counterproductive is more like it. What was the document that mentioned the pursuit of Life, Liberty, and Happiness? Was that an afterthought or, or do those three words include family, career, and education? ALL states have ingredients of idiocy in their laws that are perpetuated by am abundance of misinformation, paranoia, hyperbole, and ignorance in government. Some of the FOULEST people I’ve ever met in my time locked up wore blue uniforms.
According to his Bio on NPR, It is interesting, that this Journalist Grew Up in Florida-duh and attended academic studies in Florida….I wonder if He Knows the Draconian Laws in Florida-duh as related to “persons forced to register”
He only has Social Media Accounts, and I am not ON SOCIAL MEDIA, so I cannot contact him to ask him about the aforementioned…
Maybe someone from FAC who is not registered can reach out to him and educate him on how draconian the laws are in Florida too. He might be a good resource for our cause.
Do we have an actual scoop for his editor at WPLN News in Memphis? I just want to be cautious about barking up the wrong tree and be sure we are not randomly targeting individuals for education.