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
It is for people just like your husband that I made this post. They changed his registration requirements when AWA was enacted in the state.
If any court in Pa rules that the AWS cannot be made retroactive, then your hubby will revert back to the 10 year requirement.
rewdiazepam
In this case though I believe that is exactly what has given them the right to keep retroactively applying all of these laws. So for example when my husband was convicted their were 500ft living requirements but no restrictions on where you could go (now we can basically go no where its insane) there was no restriction on being around your children while on parole and yes he was told he would only have to register for ten years.
It is my understanding that Kentucky has declared their registration punitive also and does not apply the residency restrictions etc to person convicted before a certain date. Its amazing that all these states can have completely different laws. If that is true in Illinois does that mean it cannot be fought again?
http://www.theindianalawyer.com/indiana-sex-offender-parole-conditions-at-issue/PARAMS/article/30141