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http://kfor.com/2014/05/13/thousands-come-off-sex-offender-list-months-after-new-law/
A new law took thousands off the sex offender registry.
Exposing yourself near a playground, urinating in public or peeping in a bathroom stall are just some of the actions that have landed thousands of people on the sex offender registry.
Now many of those names are disappearing from the list.
“If you were to slap a woman on the behind, that would be sexual battery and you would have to register for 15 years and that has nothing to do with children on the playground,” said attorney David Slane. “People who urinated in public or fall under what we call the Romeo and Juliet situation, where the young man may have been just a little bit older than the girl or vice versa. They’re the ones typically being removed.”
Slane said he’s taken on over 400 sex offender cases, more than anyone else in the state.
In many situations the offenders were on the list way past their punishment because the laws kept changing.
“They’ve had a number of changes or revisions of sex offender registration act over the last ten or 15 years and the court said those later laws could not apply retroactively,” said Jerry Massey spokesperson for the Department of Corrections (DOC).
Out of the 2,400 now off the list, Slane said most are level one or level two offenders which does not include those who committed violent and heinous sex crimes.
He also said under the new law a judge is able to decide a punishment on a case by case basis and not paint all offenders with a wide brush.
Slane said, “The more serious cases are the one we should spend our resources on, not someone who urinated in public.”
DOC officials say they still have another 2,700 cases to review to see if there are more offenders who are eligible to come off the list based on the new law.
Dave in the Philippines
A new law took thousands off the sex offender registry.
Exposing yourself near a playground, urinating in public or peeping in a bathroom stall are just some of the actions that have landed thousands of people on the sex offender registry.
Now many of those names are disappearing from the list.
“If you were to slap a woman on the behind, that would be sexual battery and you would have to register for 15 years and that has nothing to do with children on the playground,” said attorney David Slane. “People who urinated in public or fall under what we call the Romeo and Juliet situation, where the young man may have been just a little bit older than the girl or vice versa. They’re the ones typically being removed.”
Slane said he’s taken on over 400 sex offender cases, more than anyone else in the state.
In many situations the offenders were on the list way past their punishment because the laws kept changing.
“They’ve had a number of changes or revisions of sex offender registration act over the last ten or 15 years and the court said those later laws could not apply retroactively,” said Jerry Massey spokesperson for the Department of Corrections (DOC).
Out of the 2,400 now off the list, Slane said most are level one or level two offenders which does not include those who committed violent and heinous sex crimes.
He also said under the new law a judge is able to decide a punishment on a case by case basis and not paint all offenders with a wide brush.
Slane said, “The more serious cases are the one we should spend our resources on, not someone who urinated in public.”
DOC officials say they still have another 2,700 cases to review to see if there are more offenders who are eligible to come off the list based on the new law.
Dave in the Philippines
I didn't because I knew they would have to remove me from the registry due to the Starkey vs. Oklahoma Department of Corrections decision in June.
I rarely mention, except to my closest friends, that I am in the process of being removed from the registry. I have respect for people and I don't want them to feel bad that I am off and they are not off.
I have not been removed yet, but I will be. My conviction was 15 years before the law was passed that they said they could not make retroactive and I have been registering for 14 years. They are sure dragging their feet, though.
BUT, BUT when I get removed from the registry I am going nowhere. This registry and all its ramifications have become a human rights issue. I will still be around this board and a few others to support and help others who need my help. I have made far too many friends to walk away.
rewdiazepam
Rew, I'm so happy for you! Glad you'll still be around.
The Supreme Court in both Oklahoma and Ohio have ruled that the added registry requirements which were added when the AWA was passed could not be applied retroactively since they found those new requirements punitive in nature. Thus, it violated the ex post fact clause of the STATE, not federal, constitution.
So what this means is this----if you or a loved one had your registry duration changed from 10 years to lifetime, then you need to look into this. Depending on when you were convicted and how many years you have already registered, you might have a case to get removed from the registry.
This emphasizes the need for all of us to get organized and join our state RSOL chapters. Folks, this registry is not coming down in one giant swoop unless there is a huge court decision on the federal level, which I don't anticipate for a very long time.
BUT WE CAN ATTACK PARTS OF IT ON THE STATE LEVEL. Take the damn thing down, in part, state by state. You cannot knock down a brick wall down all at once, but you can dismantle it brick by brick.
Get with your state organization. It is at the state level where the big changes are made and will likely be made in the future.
And PLEASE, I implore those who have had their registration changed from once a year for 10 years to every 90 days for lifetime as a result of the tier levels TO LOOK AT THE STARKEY CASE. I am sure that what happened in Oklahoma and Ohio can be applied to other states.
But you have to file a law suit.
I will even give you the link to the Starkey case here in Oklahoma. It was a BIG landmark case. Read it.
http://tinyurl.com/n3rxe3e
http://tinyurl.com/otfx996
http://tinyurl.com/lr9fnun
This last link will take you directly to John Dunn's law office page and it answers some specific questions about the Starkey decision in Oklahoma. John Dunn is the appellate attorney that won the case for Mr. Starkey.
rewdiazepam
If you or your loved one had the registration requirements changed when the tier levels were adopted or at anytime----for example from 10 years to lifetime registration----- and you don't understand the Starkey case after reading it, message me.
I will do my best to explain it. It is cases like these that right now, are the best chance of getting off the registry or at least getting your registration requirements changed.
Hell, if we could all get this lifetime registration nonsense changed to 10 years, that would be a great victory.
rewdiazepam
Unfortunately, we have no money for a lawyer to challenge
Aren't you from Pa? I thought the PA RSOL or someone from that state was working towards some legal action to address your problem.
Could you possibly call the ACLU?
rewdiazepam
I am sorry to hear about that. Maybe some people in other states can be helped by the Starkey decision.
I think the first priority should be to attempt to get this lifetime registration reduced to 10 or 15 years. At least that way, registrants could see an end or a "light at the end of the tunnel" as far as registration is concerned.
What bothers many people is that there is no hope for them or their loved ones ever being removed from the registry.
rewdiazepm
You're aware of Texas Voices, the RSOL affiliate for Texas, right? They are hosting the 6th annual RSOL Conference in Dallas, in July this year.
Texas – Texas Voices for Reason and Justice
Website: http://texasvoices.org/
Address: PO 23539, San Antonio, 78223
Phone: 877-2156688
Primary Contact: Mary Sue Molnar – marysueintx@yahoo.com
They are a very active group fighting for reform. They also have a lot of support groups around different Texas cities for registrants and their families.
Dave in the Phiippines
http://tinyurl.com/kv3xlwn
I suppose money to fight the bill was a factor. Wish I could win the lottery.
rewdiazepam
Everyone needs to contact their state RSOL group, to see what they can do to help, even letter writing campaigns to their legislators. From what I hear, legislative aids are sympathetic to stories labeled for stupid mistakes (download a video, and it has CP in it), kids sexting, etc, and the affects of the registry on family members. The more stories shared and the facts behind our push for change helps to alter perspectives and see things for what they are.
I'm anxious to hear how Janice and her team fair this year on a bill they are pushing for. With luck, it's signed into law. So far, it looks like it could pass...
They couldn't care less about the plight of the offenders, so emphasize the effect the registry is having on the FAMILIES of sex offenders, especially the CHILDREN.
If they can use the mantra "if it saves one child," we can do it also. Are not the children of sex offenders just as important? So, if they are looking out for the children, they should be also advocating for the children affected by the registry.
Tell them a story of how daddy cannot attend little Billy's or Suzy's school functions and just how it has negatively affected the FAMILY.
Give them SPECIFIC examples of how it has impacted YOUR family on a personal basis. Tell them a story of what it has done to your particular family.
They are all about family values, so good. The family values of someone who has already paid their debt to society should then matter.
Just a thought.
rewdiazepam