Families of SOs Community Group
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Based on the recent decisions about retroactive registration... What about other laws?
I'm in IL. Convicted in the mid 90's and made to register 10 years. (I was 18). They didn't tell me about the registry part until well into my probation.
But the restrictions in IL for schools, parks, forest preserves, bike paths, celebrating holidays and even McDonalds apply to 'anyone convicted' not those on the registry.
They started in 2002 (school), 2011 (parks, forest preserves), 2012 (holidays and bike paths) and 2014 (indoor private but publically accessible areas geared towards kids - McDonalds, Toyrus?, Chuck E Cheese, etc)
Had someone told me when I was 18 I would have to seek written permission EVERY time I wanted to pick my child up from school from the super intendant and I could be denied everything but parent teacher conferences even years after being off the registry or that I couldn't enroll my children in t-ball or soccer because I can't take them.... Well I'd have opted for a trial.
Do you think these type of restrictions (school, parks) would be able to be challenged similar to registering? Or because I fell under the registering laws the restrictions should be expected?
Not that I want to get arrested to find out... But with my kids of an age to be starting school soon we are considering moving due to these restrictions.
I'm in IL. Convicted in the mid 90's and made to register 10 years. (I was 18). They didn't tell me about the registry part until well into my probation.
But the restrictions in IL for schools, parks, forest preserves, bike paths, celebrating holidays and even McDonalds apply to 'anyone convicted' not those on the registry.
They started in 2002 (school), 2011 (parks, forest preserves), 2012 (holidays and bike paths) and 2014 (indoor private but publically accessible areas geared towards kids - McDonalds, Toyrus?, Chuck E Cheese, etc)
Had someone told me when I was 18 I would have to seek written permission EVERY time I wanted to pick my child up from school from the super intendant and I could be denied everything but parent teacher conferences even years after being off the registry or that I couldn't enroll my children in t-ball or soccer because I can't take them.... Well I'd have opted for a trial.
Do you think these type of restrictions (school, parks) would be able to be challenged similar to registering? Or because I fell under the registering laws the restrictions should be expected?
Not that I want to get arrested to find out... But with my kids of an age to be starting school soon we are considering moving due to these restrictions.
He mentioned that using the totality of the laws that only apply to someone convicted of a sex offense, but no other felon, that they could probably be shot down. He said that just a single regulation might be difficult to knock down, but taking the weight of all the laws, it might be possible.
Using his logic, yes, those regulations could be attacked, but you would have to show the court that they are punitive in nature and not civil. For any retroactivity to be illegal, the law must be punitive. Retroactivity does not apply to civil law; civil laws can be retroactive.
Since these regulations occurred after your conviction, if the court ruled them as punitive, then they enhanced or added to your sentence.
They cannot do that.
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Of course, this would never happen. Too many in politics and LE have DUIs.
I sure wish I had the 'gonads' to risk the arrest but I'd lose my job and might be back on the registry until (if) it was ruled.
Alternatively, I could try lawsuit (maybe?) to claim these laws don't apply but no one has yet tried to apply them to me.
I hate to have the state 'win' by making me move and yet even if I fought now and could fight anonymously it'd take years. And kids education can't wait years.
How do I find people who are in the beginning stages of such an accusation?
Bans offenders from social networking websites for:
Any offender convicted of a sex offense on or after the effective date of this amendatory Act (January 1, 2010); and
An offender placed on supervision for a sex offense on or after the effective date of this amendatory Act (January 1, 2010).
But yet other amendments made after (can't participate in a holiday, private parks, etc) contain no such date restrictions. Odd?
Have you talked to the RSOL Affiliate for IL, Illinois Voices? They might be able to give you some IL specific advice. I know they're raising donations for their own legal action in IL.
Illinois – Illinois Voices
Website: http://www.ilvoices.com/
Address: P.O. Box 4016 Fairview Heights, IL 62208
Primary contact: Will – info@ilvoices.com
Secondary Contact: Renate – GVR123@aol.com
Dave in the Philippines
I saw they are collecting for legal funds... And I'd be willing to donate if they could be more specific on what they are likely to challenge and on what basis.
I'll try contacting them again.
Maybe you could talk to an attorney, see if they would be willing to take the case pro bono, and they could talk to Janice or look at case law in CA to help with their arguments.
But I'd need it mostly pro-bono and anonymous as I would lose my job if I started such a battle and the news got hold of it.
I certainly want to do this... I need to talk to lawyers.
If we sit back and do nothing except accept the laws, we will never make any progress. Some of the laws and regulations on the registry can be struck down on constitutional grounds, but we cannot do that if we never try.
You will never win the lottery if you don't buy a ticket.
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I hope with the legal fund growing and the success of other states this will change.
If ever I'm in a position where I don't need my job (ha) I will be the biggest advocate out there for lawsuits.
I need to buy a lottery ticket so I can be in that position!