Families of SOs Community Group
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Ever since I became a member of this board nearly two years ago my goal has been to give people hope and help them cope with this sex offender mess we are all going through.
If there is a way I can help anyone better their situation, I always try. One thing I always have in the back of my mind is a method for some of you folks to either shorten your registration period or be completely removed from the registry.
Some states have implemented SORNA or become SORNA compliant and have made it retroactive. I have read on this very board and a few others where a registrant was told he only had to register for 10 years originally, but then when a form of SORNA was enacted, the state informed him that he must register for life.
The state made it retroactive and they changed the registration period from 10 years to life.
But in a couple of states, Ohio (I think) and most notably in Oklahoma where I live, the state Supreme Court has ruled that SORNA cannot be applied retroactively. In Oklahoma, the Oklahoma Supreme Court ruled that SORNA was punitive, making it illegal for it to be applied retroactively. They ruled that it violated the ex post facto clause of the STATE constitution, not the United States Constitution.
I am providing a link to an excellent article with explains this.
http://tiny.cc/ps5j6w
As a result, people who live in another state and had their registration requirements changed from 10 years to life as a result of SORNA may have a case that will help their situation--if their conviction was prior to the enactment of SORNA in their state.
This may help some of the very people whose loved ones post on this board.
In my case, I began registering in April 2000, with the expectation that I would only be required to register for 10 years and I would then be removed from the registry. That was the law at that time.
In 2007, Oklahoma passed SORNA compliant legislation which introduce the tier levels. They reclassified me as a tier 3 and made me register for life.
A man named Starkey challenged the fact that SORNA in Oklahoma was made retroactive and the case finally went to the Oklahoma Supreme Court in June of this year.
We won.
The Oklahoma Supreme Court ruled that all registrants convicted before SORNA was passed must revert back to their original registration requirement which was 10 years. As a result, Oklahoma has removed hundreds and hundreds of registrants from its registry.
So if anyone out there was convicted before SORNA or a tier level was enacted in your state and it made your registration requirements change to lifetime registration, you may have a good case.
I am hoping someone in other states can follow Oklahoma's lead and we can get some more people off this miserable registry.
rewdiazepam
If there is a way I can help anyone better their situation, I always try. One thing I always have in the back of my mind is a method for some of you folks to either shorten your registration period or be completely removed from the registry.
Some states have implemented SORNA or become SORNA compliant and have made it retroactive. I have read on this very board and a few others where a registrant was told he only had to register for 10 years originally, but then when a form of SORNA was enacted, the state informed him that he must register for life.
The state made it retroactive and they changed the registration period from 10 years to life.
But in a couple of states, Ohio (I think) and most notably in Oklahoma where I live, the state Supreme Court has ruled that SORNA cannot be applied retroactively. In Oklahoma, the Oklahoma Supreme Court ruled that SORNA was punitive, making it illegal for it to be applied retroactively. They ruled that it violated the ex post facto clause of the STATE constitution, not the United States Constitution.
I am providing a link to an excellent article with explains this.
http://tiny.cc/ps5j6w
As a result, people who live in another state and had their registration requirements changed from 10 years to life as a result of SORNA may have a case that will help their situation--if their conviction was prior to the enactment of SORNA in their state.
This may help some of the very people whose loved ones post on this board.
In my case, I began registering in April 2000, with the expectation that I would only be required to register for 10 years and I would then be removed from the registry. That was the law at that time.
In 2007, Oklahoma passed SORNA compliant legislation which introduce the tier levels. They reclassified me as a tier 3 and made me register for life.
A man named Starkey challenged the fact that SORNA in Oklahoma was made retroactive and the case finally went to the Oklahoma Supreme Court in June of this year.
We won.
The Oklahoma Supreme Court ruled that all registrants convicted before SORNA was passed must revert back to their original registration requirement which was 10 years. As a result, Oklahoma has removed hundreds and hundreds of registrants from its registry.
So if anyone out there was convicted before SORNA or a tier level was enacted in your state and it made your registration requirements change to lifetime registration, you may have a good case.
I am hoping someone in other states can follow Oklahoma's lead and we can get some more people off this miserable registry.
rewdiazepam
I'm glad your state has judges that can see the punitive nature and that it violates the constitution.
You are absolutely correct. I thought Ohio was another state in which the courts said they could not increase the registry requirements---increasing the amount of time a person had to be listed on the registry----if the person was convicted before the AWA was implemented. In other words, the increased requirements could not be made retroactive.
I brought this up because I wanted other SOs in other states to know what happened in Ohio and Oklahoma.
I am hoping that other SOs in other states might follow Oklahoma's and Ohio's lead. I am sure that there have been states, like Oklahoma, which increased a SO's registration requirement when AWS or SORNA was enacted. If these people were convicted before the passage of the new law, they might have a case to get off the registry.
rewdiazepam
But another reason I brought this up is that it give us HOPE. This forum needs all the good news it can get and the cases in Oklahoma and Ohio are good news indeed.
Two years ago, I had never heard of Mr. Starkey---never knew he existed. Oklahoma, being in the midst of the Bible Belt, is very backward and their requirements for SOs are quite stiff.
But then, out of the blue, comes Mr. Starkey who filed a suit against the Oklahoma DOC regarding his registration.
And miraculously he won----even in Oklahoma which is known to be hard on sex offenders.
So, folks, anything can happen. In the future there may be other cases which will help you or your loved one get off the registry. If it happened in Oklahoma, it can happen anywhere.
Let's keep the faith and stay united.
rewdiazepam
Thank you REW for the information - and the HOPE. Just wondering - have you heard of any public outcry against this? If not I see that as a good thing - perhaps the public is becoming more aware of the punitive nature of these laws.
Once the Oklahoma Supreme Court made the decision, the DOC more of less accepted it. Within hours of the decision, the Oklahoma DOC web site had a notice that they would start removing offenders who were affected by the Sharkey decision. They did not put up a fight, not even a whimper.
In the court decision. the judges severely criticized the legislators and the Oklahoma DOC for continuing to add more and more restrictions each year.
To put it bluntly, the DOC and State of Oklahoma got their butt kicked.
Since this happened in Oklahoma and Ohio, I am hoping other states might follow. One thing interesting is that they did not find it an ex post facto of the U. S. Constitution, but of the STATE constitution. Most state constitutions have a clause making ex post facto laws illegal.
But here is one thing important: For the first time that I am aware, a court began thinking that the portions of the registry are punitive instead of civil in nature.
In my opinion, we need to attack these laws on a state-by-state basis, as I don't think we will very successful at the federal level. Any significant change will be on the state level.
Anyway, it should give everyone renewed hope, and hope is what we need.
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Tennessee officially became SORNA compliant on September 2011.
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