The Overwhelming & Punitive Nature of the Sex Offender Registry
Weekly Update 2017-03-28
Dear Members and Advocates,
Yesterday, the Supreme Court of the United States entered an interesting order. Instead of ruling on whether to consider the case of Does v. Snyder (the Michigan case that ruled the registry punitive) they asked the Solicitor General of the United States to chime in. Their order literally invited the Solicitor General to file a brief in the case. What’s that all about? The Solicitor General is not a party to the suit, so why ask his input?
After kicking that question around a bit and asking others whether this was a good thing or a bad thing, we still have not arrived at a solid consensus. If you look at it optimistically; a potential win in the SCOTUS would alter the retroactive application of the registry in not just the 6th Circuit, but the entire US. Before making such a monumental decision, the SCOTUS wanted to afford the US the ability to chime in.
If you look at it pessimistically; with a split Supreme Court; there are 2 ways for the Does to prevail; a win or a tie, because a tied court would result in the lower court’s decision standing. If they wait until Trump’s nominee gets appointed, there’s no chance of a tie and the Does only have one way to prevail; a win. The SCOTUS gave no deadline for the Solicitor General to file a brief and by delaying the decision, it affords them more time to bring in a deciding vote – one way or the other.
According to Scotusblog.com<http://www.scotusblog.com/>, “in Snyder v. Doe<http://www.scotusblog.com/case-files/cases/snyder-v-doe/>, the justices asked the federal government to file a brief expressing the views of the United States on whether the application of various provisions of the sex-offender-registry laws to individuals who were convicted before the laws were enacted violates the U.S. Constitution’s ban on retroactive punishment. There is no deadline for the federal government to file its brief, although it is likely to do so by fall.”
At this point we need to remain optimistic and hope the SCOTUS is considering making a decision that will have nationwide impact and is simply taking into consideration the opinion of the nation’s attorneys. We also need to keep moving towards getting our own Ex Post Facto suit filed, and we are only $5000 away from reaching our cost retainer. If you want to help get us there, go to: https://floridaactioncommittee.org/donations/ and select ‘Ex Post Facto Legal Challenge” from the drop down option.
In other news; more signs that the Counties in Florida are beginning to struggle under the weight of the bloated sex offender registry, the County of Hernando requested more funding to monitor the growing sex offender population in their county, calling their agency “significantly underfunded”. By now it’s common knowledge that at over seventy thousand people, most of which are not in the community and many of which live under extreme housing instability caused by residency restrictions, laws make registrants difficult to track. Without attrition (the ability to come off the registry), without removing individuals who are no longer in Florida and with constantly tightening restrictions as to where registrants can live or go, the ability to monitor the ones who actually need monitoring is compromised.
In both cases, it’s just a matter of time.
Sincerely,
The Florida Action Committee
SOME HEADLINES FROM THIS WEEK
Hernando County: Sheriff: increased funding crucial to combat growing sex offender concerns<https://floridaactioncommittee.org/hernando-county-sheriff-increased-funding-crucial-combat-growing-sex-offender-concerns/>
BROOKSVILLE, Fla. – The Hernando County Sheriff’s Office warns that his agency is “significantly underfunded” and dwindling resources are putting public safety at risk. Sheriff Nienhuis says his plan to add a new detective to track the growing number of sex offenders…
New scam targets registered sex offenders with arrest threat<https://floridaactioncommittee.org/new-scam-targets-registered-sex-offenders-arrest-threat/>
A new scam is targeting registered sex offenders, claiming they missed court dates that never actually existed. The US Marshal’s Service is warning the public that scam artists claiming they are Deputy US Marshals or Federal Marshals are working to extort money from…
Those offering second chances deserve praise.<https://floridaactioncommittee.org/offering-second-chances-deserve-praise/>
There are so many stories out there dwelling on the negative that when someone does something positive, they often don’t get the recognition they deserve. A story out of Pennsylvania came out about agents with Homeland Security apprehending a documented immigrant…
City of Palm Bay to change how it handles sex offenders<https://floridaactioncommittee.org/city-palm-bay-change-handles-sex-offenders/>
As if it were not hard enough to find a job… BREVARD COUNTY, Fla. – A court victory for the city of Palm Bay means homeowners could be protected from sex offenders working for contractors or delivery companies, city leaders said. From now on, painters, delivery…