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.”
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.
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 donât break out the champagne or pop that cork. I hope the 37 Attorney Generals didnât 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.
âAmended in a very bad wayâ? Markups in the first link, on the surface, donât seem bad, but perhaps there are amendments weâre not privy to.
So I donât know whoâs stirring the pot here, Ms Belucci or Mr Gladden! With respect to both.
I donât 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. Donât let your emotions and rush to judgement get the best out of you because youâll make yourself look like an asshat! I know thatâs offensive, but where am I wrong?
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.
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.
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 itâs 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 theyâll just need to get over it. Thereâs 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
ALI didnât 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. Itâs time for these one size fits all mantra to explode like a volcanic eruption. Let freedom flow and end this authorization bs!!