ALI Council Approves Most of Model Penal Code (Janice Bellucci)
Thanks to Janice Bellucci from ACSOL for sharing the following:
ALI Council Approves Most of Model Penal Code
The Council of the American Law Institute (ALI) has approved most of the model penal code (MPC) adopted by its members. The Council’s approval took place during its meeting held this week following a decision in January to delay consideration of the model penal code.
The most significant portions of the MPC include: (1) significant reduction in the number of offenses that require registration, (2) maximum registration period of 15 years, (3) elimination of all public registries and (4) prohibition against many collateral consequences.
“The American Law Institute is to be commended for its decision to approve most of the model penal code,” stated ACSOL Executive Director Janice Bellucci. “They did so despite strong opposition from the U.S. Department of Justice as well as thirty-seven state attorneys general.”
Specifically, the ALI Council approved MPC limits the number of registerable offenses to a total of 11 offenses. The offenses include (1) sexual assault by aggravated physical force or restraint, (2) sexual assault by physical force, (3) sexual assault of an incapacitated person, (4) sexual assault of a vulnerable person, (5) aggravated offensive sexual contact, (6) sexual assault of some minors, (7) incestuous sexual assault of a minor, (8) exploitative sexual assault of a minor, (9) fondling some minors, (10) aggravated offensive sexual contact with a minor under 18 and actor is more than 5 years older and (11) sex trafficking.
Individuals convicted of a registerable offense would be required to register a maximum of 15 years which could be reduced to 10 years for some individuals. In order to qualify for the 10-year registration period, an individual must not re-offend as well as comply with parole, probation or supervised release conditions.
The ALI Council approved the elimination of public registries and would limit most disclosures of information on the registry to law enforcement. Registry information could be available upon application to adult victims and parents of minor victims, as well as qualified public and private organizations that work with minors, the elderly, the disabled and other vulnerable populations.
Included in the MPC approved by the ALI Council are prohibitions in most cases regarding residency restrictions, access to schools and access to the internet. These prohibitions can only be waived after an evidentiary showing that there are special circumstances in that case and only for a limited period of time.
In a sharply worded letter from the U.S. Department of Justice, the federal government stated it would “urge U.S. jurisdiction not to change their law to accord with it (the model penal code).” The two-page letter criticizes the ALI, in general, and the model penal code, in particular. According to that letter, provisions of the International Megan’s Law “could not function” if states adopt the model penal code.
“We must remember that ALI’s approval of the model penal code is the first of many steps leading to new registration laws in this nation,” stated Bellucci. “The next step will be to lobby state legislatures to adopt the model penal code.”
My hope is maybe just maybe if some of these changes are made, we can stop some suicides. My friends’ son wouldn’t have killed himself last week. Too late for him, but maybe not for others. Good Speed.
Sorry to hear that.. will be great for something like this to be on the media so the world knows what this can do to us .
Jennie
I am so sorry for your friend’s loss. Sending love and prayers their way. I do not know them or their names, but God will know who I am praying for.
We will have to see how the full membership votes at their May meeting. Now isn’t time to break out the champagne and caviar, it’s a time to hope for the best and prepare for the worst. Not being pessimistic but realistic and it’s not over till the fat lady sings.
No offense to fat ladies carrying a tune, but this isn’t a time to declare victory. I know it’s easy to read something and get false hope, yet when you look at things face value seeing what’s going on becomes clear and never let your emotions get the best of you. No matter what happens continue living your life regardless of how the government labels you. At the end of the day( which is 24 hrs) don’t let a government label define you, you define yourself.
Jacob. its not my desire to “stir the pot” about anything. I have high regard for Janice and the work she does. However, under the procedural rules of the ALI, the changes and amendments proposed by the ALI “Council” last week are just that, “proposals.” The entire matter must now be returned for a vote of the full membership of the ALI, and that vote has been scheduled for this May, 2022. My comment above was merely intended to clarify that, contrary to a natural reading of Janice’s comment, the ALI hasn’t “approved” anything. Based on the comments I’ve received from actual members of the ALI who are actual voters (unlike Janice), these reforms are far from being “approved” by the ALI, with or without the changes and amendments proposed by the ALI “Council” last week. I wouldn’t have commented at all except for the fact that, as you may have guessed, I am easily pissed off when registrants, by design or inadvertence, are left with an inaccurate impression about the true state of their legal circumstances. I don’t believe that was Janice’s intention, but a likely result of her comments. I assume she would agree.
Richard…
We Should All Applaud All For Their Efforts…..But, It is a $26 Billion Dollar Industry…FAC, NARSOL. are just a Mere Sponsor to This Insanity…
It will Never End…Unless You Got A $52 Billion Parlay!
They are the Facts Jack!
Truth
Why are you blaming me? Jack didn’t do it, and that’s a fact! LOL
I agree with you that EVERYONE should try much, much harder to accurately convey anything and everything. People are often not accurate. And even when they are they are often too ambiguous.
I do think it is possible that this article is 100% correct though and your interpretation is off. However, even if that is the case it certainly could have been clearer.
I don’t have time to examine the minutia of this. I think you know a lot about it so you can likely just know right offhand and clarify for us all. So …. isn’t it the case that ALI does have a “Council” which has a specific role to do an initial review and analysis of items/drafts like this? Then once it approves a draft, it is submitted to the full membership for debate, discussions, maybe revisions, and finally an approval (or not)? If that is the case then this article did accurately convey exactly what happened – i.e. the Council approved the draft. The article could have said, “ALI Council Approves …” and this is what that means.
FWIW, Wikipedia says, “When approved by the Council, the draft is presented as a Tentative Draft to an Annual Meeting of the entire membership for debate and discussion. The membership may approve the draft, subject to revisions, or refer it back to the Reporter and Advisers. A series of Tentative Drafts is produced in this way over a number of years.”
But again, I agree that some clarifications would’ve been cool for people who don’t have time (or don’t care enough to invest it) to fully understand what is or isn’t happening.
I was reading this and went back to check the date .. just to make sure it was something recent. And .. yes it was good to see someone with some power and influence to go against the DOJ. This is a huge win folks!! Even if the states do not enact this suggestions. Just the fact that respected organizations are in agreement with us and knows that laws must be change .. that to me is huge !! It would be a great idea to send letters to the legislature in Florida after this proposal is approved.. because it will be approved !!
Everyone,
Please Remember, That MPC, is A Guideline/Road Map of Sorts…
It is, By No Means, A Series of Numerical Codified Statutory Laws…
THE MPC, is a Guide, To Mostly More Sensible Solutions!
Like, You Pay A Toll on A Road And Hope The Hell The Road Does Not Create HAVOC!
It is NOT LAW Enacted By A Legislature!
Agreed. It is important to remember the MPC is not law. It is a good legal resource and reference point.
Although on the surface this sounds amazing. But with all the opposers, seems it will be an uphill battle. And would it be retroactively or only apply to newly arrested and the rest of us can rot in Hell as far as the courts are concerned?