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.”
ALI didn’t cave! This is great news!
It is good to see an organization stand by their evidence-based decision making. I hope they continue to use their platform and connections in the legal community to share true data with others. As a matter of humanity, we need to not only stop trying to make every person a criminal but give those who have made a bad decision the opportunities humans need to do better. It’s time to really utilize laws to make everybody better, to make a truly better society for everyone.
Can do
At the very least, maybe these proposal / recommendations can be used by any of our lawyers on a case by case basis to assist judges decisions to be released off of these “No punitive” (Laughs) sanctions.
I once heard a wise man ask “how do you take down a wall?” His answer was “One brick at a time”.
Congress is trying to make it a felony if you own any animal besides a dog or cat under the Lacey Act. If people have exotic animals and are responsible why should they be punished for what irresponsible people do with their animals. Just like registrants are punished for crimes that they had nothing to do with, but we get a one size fits all. It’s time for these one size fits all mantra to explode like a volcanic eruption. Let freedom flow and end this authorization bs!!
As great sounding this is, I can’t fully expect most of society not wanting access to the location of registered folks. However, the limited time being placed on the registry would be acceptable to still having a public access, provided any of this ever gets adopted. I know we are striving for completing eliminating the registry, but some give and take for now would work as well.
States like Connecticut have a 10 yr registry unless it’s a more heinous crime or a repeat offender of the same type of sex crime. So therefore, lots of people will not see former registrants after their 10 yr requirement is up. And they’ll just need to get over it. There’s tons of people in the state of CT as well as other 10 yr only states that are living life off the registry now and no one knows who they are anymore. See how that works?
i would like to know what 10 year states are out there. also, if you are required to be on lifetime in your state, how does that transfer to that 10 year state. it has been since 1994 , no re arrests since then. i have been low risk since 1994. if i move to ct, would i even have to register?
would i then be able to travel? thanks for the info
Falsely accused in 1991, completed probation in 2008. Been on registry since 1998. Should be at least 30 years before lawmakers making money off the registry decide they’ve made enough money off of misinformation and misery.
Wow. My chest is beating erratically as I read this. When I saw a post months ago about this group I did a bunch of research. This might be the first step of many to real change. Unfortunately it is so emotionally and laws are based on emotions and facts sometimes. But I might just go to sleep now feeling good.
Lest anyone be confused, and with all due respect to Janice’s announcement, the ALI did not “approve” anything on March 2, 2022. The provisions that were originally proposed for a final vote last January, 2022, and then re-scheduled for a final vote on March 2, 2022, were amended on March 2, 2022, in a very bad way, and now the proposal, as amended, must return to the Membership for consideration and a new vote. Again, nothing has been “approved.”
The bottom link is the DOJ rejection of the proposals by ALI, so don’t break out the champagne or pop that cork. I hope the 37 Attorney Generals didn’t get their way regarding the proposals. Talk about being neutered by the government especially when the DOJ own stats have our re-offense rates low. Get off my man land and admit all of you are toxic to freedom for all Americans!!
Brandon And/OR FAC…..Where is The Listing of the 37 State Attorney Generals Rejecting the MPC?
Which 37 are They?
Thanks
Mississippi, Hawaii, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Guam, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, and West Virginia
Precisely what changes prompted your “in a very bad way” comment. I have yet to read the amended version and would like some points to ponder when I do. Thanks.
‘Amended in a very bad way’? Markups in the first link, on the surface, don’t seem bad, but perhaps there are amendments we’re not privy to.
So I don’t know who’s stirring the pot here, Ms Belucci or Mr Gladden! With respect to both.
I don’t believe Richard was stirring the pot he was just giving us his perception of what occurred, so why get your boxers in a wad? Honest questions should be asked but not accusing someone of stirring the pot. Don’t let your emotions and rush to judgement get the best out of you because you’ll make yourself look like an asshat! I know that’s offensive, but where am I wrong?
Step in the right direction. Now let’s start a campaign of sending this information to all legislation in your state. Local and Federal politicians need to hear it loud and clear. The science and data doesn’t support a registration. First step in dismantling an after you serve your time continual punishment.
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?
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.
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 !!
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.
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.
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.