Families of SOs Community Group
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I think we have another notch under our belt to fight SCOTUS....
http://congress-courts-legislation.blogspot.com/2014/09/the-supreme-court-renders-another.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+CongressCourtsAndNationalLegislationccl+(Congress,+Courts+and+National+Legislation+(CCL))&m=1
http://congress-courts-legislation.blogspot.com/2014/09/the-supreme-court-renders-another.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+CongressCourtsAndNationalLegislationccl+(Congress,+Courts+and+National+Legislation+(CCL))&m=1
His case is a little complicated in that he has been in and out of prison.
But I do know this----that if his conviction was before 2007, when they applied the tier levels, he will only have to register for a total of 10 years.
They do not count the amount of time he is in prison or jail or in custody. That does not count toward the 10 years. But the total aggregate amount of time he must actually register is 10 years.
Now the FTR is a problem. I think Oklahoma will try to see it as another felony sex offense and if the FTR was after 2007, they will try to place him under the same restrictions and registry regulations as the current registrants.
But if he had already completed his 10 year requirement to register when he received the FTR, the FTR should be dropped, since he should not have been registering to get the FTR in the first place. That is one of the situation that John Dunn spoke about. There are guys in prison with FTR's who should have never been registering in the first place due to the Starkey decision---they had already completed their 10 years----and they will have to release them.
Also, say a registrant convicted before 2007 was charged and convicted for a FTR for a residency restriction, I am not sure how the courts will handle that since he should not have had any residency requirement in the first place.
It doesn't really matter if he was or was not incarcerated when the court ruled on the Starkey case as far as the duration of his registration. He still has to only register for 10 years UNLESS he catches a new felony sex charge. In that case, this is all moot as he would start all over time wise and be registering like all the other current registrants. He would then be placed on the tier level mess.
Oklahoma does not put inmates with sex charges on the state sex offender registry, but you can go to the Oklahoma DOC site and find him there. It won't have his registration information, but you can find out about his charges and projected release date.
He would not have been removed from the registry because of the Starkey decision, as nobody in prison is on the registry.
The big problem is that FTR in 2011. Oklahoma will consider that as a new sex charge, I think, and he will be back to square one.
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I don't think you will have a problem with the state regarding his living in the same household as your daughter unless the daughter was the victim. I assume your daughter is not his biological child.
Here is the statute-----
B. It shall be unlawful for any person who is required to register pursuant to the Sex Offenders Registration Act for any offense in which a minor child was the victim to reside with a minor child or establish any other living accommodation where a minor child resides. Provided, however, the person may reside with a minor child if the person is the parent, stepparent or grandparent of the minor child and the minor child was not the victim of the offense for which the person is required to register.
But you might have problems if he is on probation and the CPS might get involved. The CPS will get involved for sure if your daughter's real father raises a stink about his daughter living with a sex offender.
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