CO: Mandatory lifetime juvenile sex offender registration is unconstitutional, Colorado Supreme Court rules
Juveniles cannot be mandated to register as lifelong sex offenders in Colorado if there is no way for offenders to be individually assessed or to later be removed from the registry, the state Supreme Court ruled Monday.
“Mandatory lifetime sex offender registration brands juveniles as irredeemably depraved based on acts committed before reaching adulthood,” Justice Monica Márquez wrote. “But a wealth of social science and jurisprudence confirms what common sense suggests: Juveniles are different. Minors have a tremendous capacity to change and reform.”
So, you are irredeemabley depraved as a adult? That’s certainly what they implied.
The statement of Juveniles are different. They can change. Implying that adults can’t change from their mistakes? Is just retarded. Well with the registry it’s even harder to not make any more mistakes. Mistakes that other law abiding citizens or other categories of convicted felons don’t have to worry about or abide by that will result in additional felony convictions minus the no possession of firearms by a convicted felon. Glad that the Juveniles are getting some relief in Colorado but the whole thing saying adults can’t change is completely asinine.
Even thought the judge issued a favorable ruling her statement of ““Mandatory lifetime sex offender registration brands juveniles as irredeemably depraved based on acts committed before reaching adulthood,” Justice Monica Márquez wrote.” shows that sex offenders are still viewed as depraved and irredeemable by the justice system.
Why wouldn’t this statement the judge made also apply to all offenders, which also recognizes the registry as punishment? “The state Supreme Court found that mandatory lifelong sex offender registration for juveniles stands in “direct opposition to the goals of the juvenile justice system,” which focuses on rehabilitation and restoration over punishment.
Jed
Yeah it is like the judge is saying juveniles can change but once you turn 18 everything is set in stone and you cannot change, absolutely impossible and the program in our brain has no update or delete memory files function.
CherokeeJack…
YOU ARE SO CORRECT!
BEYOND CORRECT!
THANK U
All people can change and reform. It’s not a question of age.
My thoughts exactly. My offense was 11 years ago. I am very successful. Married to the same woman 26 now. But that means nothing to the state of Florida. I haven’t as much as a speeding ticket to my name.
Just tired
If it makes you feel any better, I am on the registry for something that happened 31 years ago. Long before a registry was but a twinkle in someone’s imagination. Started off with 20 years of registration, then 25, then got the gift of lifetime registraion.
Worst gift ever. I tried to return the gift but they were not having it. Seems there is no returns department. Wonder if I can “Re-gift” it to someone else.
Same here I haven’t been in trouble or even so much as a ticket as well, this is the absolute worst gift from the state. I have to grown children and have been walking a fine line. Thank you for taking the time to respond best wishes to you…William
I was charged as a minor September 28th 1993 and I had to complete a sex offender treatment program, 2 yrs house arrest and 4 years probation. I got violated because my probation officer kept calling my job and I got fired and then violated. My P.O called me in the office one day and said I had to take a picture for the internet which was not in the court order by the judge. Wish there was a way for me to sue the state of Florida for this bull s**t Any sex offence that happened on or after October 1st is when they started to make people register…
William B, contact legal@floridaactioncommittee.org
Then ron book can’t be rehabilitated or change his drinking or driving habits so he should be branded for life never be allowed to own a car or have a drink by this logic , right ?
Hey Tim, that’s a point you should make in a letter to the presiding judge if (when) Book gets convicted and sentenced.
Nor can his residence (which cannot be within 2500 feet of any car dealership, street, parking lot, or any other place where vehicles may congregate) have a refrigerator or cabinet where liquor may be stored. Nor may he socialize with anyone over 21, who are at risk of providing alcohol.
In all seriousness, I’d like to see the court suspend or revoke his lobbying license or certification or whatever it is. Watch him whine about the constitution then.
I wonder if other categories of felony charges had to face similar registry requirements like we do if it would stop the felony from taking place in the first place? I wonder if it would also deter recidivism? For the most part on one hand I’m being sarcastic and I know the answer but on the other hand it’s a serious question.
Guys if you really understand all this boy touched girl or girl touched boy or who is living with today’s ethics much of this registry is unconstitutional. biblical, ethically, and vain in many and much of this. Talk about “Little women” and coming of age. Some dude preching up and down day after day. Its all about the database. I believe that guy is lost on Gillian’s Island or a Professor of coco beans of the brain.
Justice for one is justice for all. This whole sex registry is an experiment that didn’t actually work. Sure Government is not gonna admit their mistakes or biblical review when push comes to shove.
Guess one should go back to a jewish temple or Solomon’s temple or even a Christian way, or who are the brain eaters today that cast people in jail and overthrow another. Yes I am glad that these juveniles out in CO dont’ have to go thru a lot of this.
This whole U.S.A needs to understand that they the state and the government are doing a debauchery on many American’s with this coy to instill one’s brain matter in this sexual persusion. Hey take as many of these notes you can to court and sound off in this issue.
I found it interesting that the Court essentially blew off recidivism predictions and psychological evaluations as an inexact science. Then it later wrote extensively as to the validity of juvenile psychological studies. That seems to me like a bit of confirmation bias.
Veritas.
The same can be said for everyone. If you read the Bible it’s full of examples of people who changed. Some for deeds that would test the limits of the imagination.
DavidM
Yes, the best example is Saul who later became Paul. For a good portion of this life he hated Followers of Christ and made their lives misrable. The thing is he had a visit from Heaven that turned him into a believer, not everyone is that fortunate.
After that visit, he became known as Paul and started spreading the good news of our Lord and Saviour. So he went from being famous for killing Christians, to Recruiting others to become Christians. He is also the author of many books of the new Testament. Some of the most inspired Words and teachings come from his writings. (Inspired of course from above)
CherokeeJack
Yes , and how about Mary Magdalene, she was a prostitute.( a sex offender) or King Manasseh , he killed his own sons and also with a saw cut the prophet Isaiah in half.. 2 Chronicles chap. 33. And Hebrews 11:37 Also he killed many others names not given. They both changed.
David
I often tell people that Jesus did not want to be a king. He did not hang around with lawyers, Rulers, Kings, Priest and the like. No He sought out prostitutes, Thieves, Beggers, the sick, the homeless, the deprived and even murderers.
Heck His disciples were a band of misfits, denying they knew Him, Selling Him out for a few pieces of silver, and more. The Bible says We are greater than the disciples and here is why. They physically walked with the Lord and still disobeyed Him and sometimes doubted Him.
Here is the verse that makes us whole. “Then Jesus told him, “Because you have seen me, you have believed; blessed are those who have not seen and yet have believed” John 20:29
That is us. I have not walked physically with Christ, and yet I believe. That makes us of stronger faith than those whose walked with Jesus. Thus “For we live by faith, not by sight.”
2 Corinthians 5:7
I got saved at age 11. I have had people tell me “Oh you only believe because that is what you were taught in church and because of your parents belief”. Well that is partially true and partially false. The true part is yes, I was fortunate enough to have Christian parents.
However, when you get older and you start to doubt, you get to find out more and make a choice. No one can force you to believe. You have to have that experience for yourself. Many have walked away from God, and He will not force Himself on you. It was my faith I already had that got me through the prison sentence.
Man can take away your Earthly life, but no one can take away your Spirtual life. That is between you and the Almighty.
CherokeeJack
I agree what you say is correct. Matthew was a tax collector. They were hated by the Jews , because they would collect for the Romans but also would collect whatever they wanted for themselves. That is why they were also very rich.
Also keep in mind faith is not the same as credulity. Faith is based on facts, reality and truth.
That is why the apostles were willing to be beaten and jailed and even killed to stand up for not stopping speaking about the things they personally saw and heard with their own ears and eyes. Like the resurrection of Jesus and others and miracles.
I realize talking the Bible is frowned on but , the registry is in place because some over zealous better than you arrogant fake Christians thought it a good idea to start a registry to show you how much better they are than you. They don’t like it when there hypocrisy is exposed.
I was 17. Its Been 33 years now.
Had one technical violation or FTR 20 years ago. Went back to court in 2019 on a removal petition and it was a no go. The FTR disqualified me. Florida does not care if you were a minor or not. Probably Gotta wait now till the 25 year mark has passed after the FTR and try again.
I’m curious about your first petition for removal. Did you hire an attorney on your first try or did you try the petition on your own? Just curious because several years ago I was going to try to petition for removal because my plea deal is adjudication withheld. The lawyer told it would cost about 15k to 17k to get me removed. Since then I’ve had 2 FTR. One for not changing my address with the DMV after I completed a PTSD treatment program with the VA and another one prior to that for failure to change my address after completing a substance abuse treatment program. Due to the FTR’s I am now a convicted felon. Which is kind of absurd. I’m not a convicted a convicted felon of the actual sex crime but a convicted felon due the registry restraints. Leaving me to have to wait for another 25 yrs. I’m also curious that if I do ever get removed from the registry, how those FTR felony convictions can even stay on my record?
Yes I hired a lawyer. If I were you I’d reach out to Ron Kliner. He was my attourney. He is very knowledgeable about these petitions. I can tell you from expierence if you have a FTR they will not remove you IMO. I’m not an attorney tho. You should give him a call and see what he says. His contact is in the attourney/legal section of FAC site.
My FTR was failure to change my adress for 20 days about 20 years ago.. I have not had any other charges since the original issue 33 years ago. The judge in my case said I should have not been placed on the registry and that she wanted me off it. But the state law is written that ANY misdemeanor or felony will disqualify you. Its almost impossible to do. So the state prosecutor has just kept reading the statutes and the Judge wanted me off but sided with how the law was written..
However there was a case recently out if Polk County where the the time being moved from 20 years to 25 was ruled unconstitutional if I rember and the judge in that case said the registry was punishment. And the person in that case can petition at the 20 year mark. Now that’s probably only binding in that case but it is persuasive language for a petition.. Id maby get with an attourney and see what they say. Make sure you get a knowledgeable lawyer. Any yes man will tell you want to hear and take your money. Ron Kliner will tell you the truth. Again that’s just my opinion.
Pariah
See, they get your either way. The put so many obstacles and traps in our way, we are bound to stumble at some point. It bothers me so much that, I woke up one night from a nightmare. I was dreaming I totally forgot to register and they re-arrested me and I got life in prison.
I was already paranoid but that is why I mark with HUGE marker on my calender “Do not forget to register”. Then I hang onto my printed registration proof for 2 years. One I hit two years I shred the oldest one. But after reading someone on here’s post stating they were accused of not registering 5 years ago and they no longer had their proof, I decided to keep them in my safe forever.
One day if we ever get a win, I will invited everyone to a park to have a bonfire and we can all burn any proof we were ever required to register. Those are mementos I do not want to save once I no longer have to.
I was 17 as well and I was charged with 2 counts lewd and lascivious It’s going to be 29 years this September.
William B.
If you haven’t had any other charges since then I’d be filing a removal petition yesterday. Or if it’s been at least 20 years I’d look into it. You would qualify if that’s the case in most courts. Again I’m not a lawyer. But that been my expierence..
Cheokee you brought up Saul who latter bacame Paul. Why I wonder? Of course you and many others are on the right track but lets all reflect a bit more on this. Earlier this months they gave me my rights back. Why? I didn’t ask for my rights back but a pardon if not for me but others. I didn’t even ask for executive clemency. Just a simple pardon.
Sure I have one more year left. Guess I have a right to redress a grivence as much of this registry is authorities doing evil by intimidation means. Sure Saul was persecuting Christians. I even assk the officer that arrested me if he went to Church and he said he was a Christian. I don’t see anywhere in the bible that it says to usurp another in this con game type of scheme. Its breaking the commandments and that is what those authorities are doing.
Oh we want prayer out of school, Oh we want to give the gay’s their rights, its ok for abortions or a sex change operation or mem with men having a good time. Still its not ok to set others up via this internet process. Paul wouldn’t set anyone up as that is blasphamy in itself. So people stand up to this in this wrestling match or who’s conscious is bothering them. I’m sure authorities don’t give one nickle about one’s plight. So who is respecting who in these off the wall ordeals.
And yes their is a difference between a lie and a deceptive justice.