He Spent an Extra Two Years in Prison Because He Could Not Find a Place Where He Was Legally Allowed To Live

Since 2005, New York has prohibited people on “level three” of the state’s sex offender registry from living within 1,000 feet of a school. In New York City, as the above map shows, those “buffer zones” cover nearly all residential areas. Because the state requires registrants to find legally compliant housing before they leave prison, these restrictions mean they may remain behind bars long after they are eligible for conditional release and even after they have completed their original sentences.

Last month, the Supreme Court declined to review a New York Court of Appeals decision that upheld Ortiz’s continued incarceration. While agreeing that the case “does not satisfy this Court’s criteria for granting certiorari,” Justice Sonia Sotomayor outlined the “serious constitutional concerns” raised by New York’s residence restrictions, which she suggested “may not withstand even rational-basis review.”

Since that standard of review is highly deferential, requiring only a “rational connection” between a restriction on liberty and a “legitimate state interest,” Sotomayor’s assessment is a strong statement about the weak justification for residence restrictions like New York’s. But it is consistent with the conclusions of criminologists, who have found scant evidence that the policy actually protects public safety. Several courts and government agencies have concurred that residence restrictions do not work as advertised and may even be counterproductive, undermining rehabilitation and making recidivism more likely.

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8 thoughts on “He Spent an Extra Two Years in Prison Because He Could Not Find a Place Where He Was Legally Allowed To Live

  • March 8, 2022 at 9:42 am
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    I saw this yesterday and I will point out Reason magazine is consistent in their objection to the registry. That is, in part, because in general they support ideas and legislation based on it’s merits, facts, history. They have a Libertarian mind set in general.

    Reply
  • March 8, 2022 at 11:26 am
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    i dont know why this is news the same zones exist in miami and i am sure many other parts of the united states. This is just another day of RSO’S getting treated worse that the lowest form of being

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  • March 8, 2022 at 12:03 pm
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    The dumb issue with residency restrictions is, that a minor is no better protected at 1,000 feet, than they are at 500 feet, or 300 feet, or 2,000 feet, or….. You get my point. If they aren’t protected enough at a football field distance, than no distance is adequate at that point.

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    • March 8, 2022 at 3:16 pm
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      The dumb issue with residency restrictions is that no such restrictions existed prior to the existence of the registry. Which means there was no cause for such alarm in the first place. It’s made up to scare people. It gets politicians the votes they want. People old enough to remember a time before the registry like to pretend there’s always been one.

      Reply
  • March 8, 2022 at 5:31 pm
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    *Please post, lots of information

    In other news, Fast food worker get house arrest for killing a sex offender.

    In a twist, I did not know the guy was listed as an offender until the end of the story, they kind of threw it in there in the last line. It is usually the head line like the one I made above. Never seen that before it is always the headline.

    And the person called the worker the”N” word but still not enough to kill someone. And the worker probably had no idea the guy was a registrant.

    Another thing, I looked the guy up, still on the registry but marked deceased. So FAC is correct that even death does not remove you.

    https://www.clickorlando.com/news/florida/2022/03/08/florida-dunkin-worker-sentenced-to-house-arrest-for-fatal-punch-of-customer/

    Reply
    • March 8, 2022 at 5:37 pm
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      And forgot to add, I looked at the comments people were leaving on the story and there was not shortage of praise for his death because of being a registered citizen. (They are not as nice as my description)

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    • March 9, 2022 at 6:39 am
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      A Former Tennessee Deputy repeatedly raped a 14 year old girl. He won’t be put on the registry, so how is that protecting children from someone who is a true threat? I’ll have to find the link otherwise I may as well be go into media.

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      • March 9, 2022 at 11:00 am
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        brandon

        Yeah I saw that story and was like W T F……………

        Reply

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