State Regulations on Sex Offenders Registration - Essay Example

? Criminal Justice Insert Criminal Justice REGULATIONS ON SEX OFFENDERS REGISTRATION In the current environment criminal justice policy issues have been common in the highlights. These issues are mainly centered around violent and sex crimes. In the past two decades there were several policy initiatives embarked on which focused on the sex offenders. In spite of the passage of the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Act of 1994 there has been an increase in stricken laws regulating registration requirements, sex offenders’ activities, residences and abilities to interact with both the family and community members. According to Jacob Wetterling Act, a state registration must require current address registration for a period of 10 years for persons convicted of a criminal offense against a victim who is a minor or a sexually violent Offense. A minor is a person below the age of 18 years. There are specific definitions in Washington which are used to identify how an offender victimizes a minor; kidnapping of a minor and false imprisonment (except the parent), sexual conduct with the minor, manipulating of a minor to engage in sexual conduct, use of a minor in sexual performance, solicitation of a minor to practice prostitution, and any conduct that its nature a sexual offense against a minor. In 1996, the Megan’s law according to Wetterling act provided a community notification on the sex offender registration and which brought about online sex offender registration websites. Adam Walsh child protection and safety act (2006) is the most recent federal law, which organized sex offenders into a three-tier system with third tier registrants having the most rigorous registration requirements. The third tier requirements of sex offenders (RSOs) required the offenders to update or verify their information every three months and are registered in their lifetime. Failure to update information as required under this act one was to have committed a felony offense while a sexually violent offense is any criminal offense that consists of aggravated sexual abuse or an offense that has its elements engaged in physical contact with another person with the intention of committing such an offense. In Washington all juveniles who are sex offenders were required to register. But in other states the juveniles are required to register after attaining of 18 yrs or 21 yrs. Sex offender registration and notification helped to reduce the case of sex offenders recidivism by calling their attention through the sex offender websites, letters sent home with children, door to door notification and also flyers. However the efficiency of this registration remains questionable with research to date indicating only nominal success. Also the registration facilitates the following; deterring offenders from committing future crimes; enhances enforcement of law and the protection of public rights. Adkins, G. Huff, D. & Stageberg, P. (2000) The Iowa sex offender registry and recidivism. Des Moines: Iowa Department of Human Rights Schram, D.D., & Milloy, C.D. (1995). Community notification: A study of offender characteristics and recidivism. Washington State Institute for Public Policy. Seattle, WA: Urban Policy Research. SEX OFFENDER REGISTRATION REQUIREMENTS Sex offenders are required to register upon release from confinement or when sentenced to community supervision. The department of correction or the sentencing court registers the offender upon release to probation and alerts the offender of the requirement to register locally. The local registering agencies occur at the local police department in the jurisdiction where an offender resides. In community supervision, the supervisor officer is required to maintain information for the duration of supervision because when the supervision ends the law enforcement is responsible for offender’s registration information. Also the state registration law applies to offenders convicted in other States. According to the Wetterling act it was required of offenders who have moved, working or attending school in other states for them to register with law enforcement in their new States. This was required after 10 days when one settles in the new resident, in employment or after school enrollment The registry is required to collect information about the offender's name, address and a law enforcement identification number. In most of states the photograph of the offender is part of the registration requirement, although most photos are retrieved from the arrest records. Employment information, vehicle registration, residence history and blood samples were also required. Sex offenders are required to register for at least 10yrs.many states including Washington require sex offenders to register for lifetime. Watterling Act provided that the sex offenders are not to be allowed to petition after the judges have decided on their sex offending cases hence one cannot be cleared of sex offender registrations. Nevertheless Washington allows lifetime offenders to petition the court to end the registration requirement, which is normally 10 years. Many other states may vary the length of registration according to the weight of the offense and the number of times the offender has been convicted. In addition, there is a lifetime registration of the offenders in sex violent offense. The sex offenders are required to periodically update the their registration in the Washington registry to maintain its reliable use in enforcing law. An offender convicted against a child or a sexually violent offense is required to update annually, and every 90days for a sexually violent predator. To make this verification and updating of information smooth, the law enforcement agency issues a unique verification form to the offender’s last-reported address and the offender are required to return the form, within 10 days after receiving the mail personally or it can be by mail. Although in Washington the local police department coordinates community notification efforts and monitor registration, it involves person checks by the police if the offender is not present at the address, this poses a high risk in which when caught it leads to his prosecution for failing to register. Washington registry retrieved from http://www.theoffenderlist.com/Washington_Sex_Offender_Lis.html.2012-4-24 PENALTIES FOR NON-COMPLIANCE Sex offenders who evade registration in Washington can be detained and their cases be potentially prosecuted. The penalty usually ranges from a misdemeanor to a felony, this depends on the severity of the conviction offense. For offenders released from supervision, non-compliance can be subjected to probation or revocation of parole. In reference to penalties, the state increases the severity of the penalty for repeat failures to register. PENAL CODE (290-294).retrieved from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=290-294. CONSTITUTIONAL CHALLENGES The sex offenders registration has been constitutionally challenged In the Washington, in the US Supreme Court. This pushed the court to examine the implementation of sex offenders registers throughout the U.S. this is seen in the following two cases: In smith v.doe, 538 U.S. 84 (2003), the Supreme Court held that Alaska's sex-offender registration statute. In that sex offender registration deal with civil laws, not punishment, the Court ruled that it was not an unconstitutional ex post facto law. In Connecticut Dept. of Public Safety v. Doe, 538 U.S. 1 (2003), ),the Court spelled out that Connecticut's sex-offender registration statute had not violated the procedural process of those to whom it applied, although the Court expressed no opinion as to whether the State's law violated substantive due process principles.. Connecticut dept. of public safety V. Doe, 538 .U.S (2003). Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=538&page=1 .2012-04-24 THE EXTREME OF SEX OFFENDER LAWS I can state that the laws regulating sex offender lifestyle are really curbing the life of the sex offenders in the following instances; with the requirements to verify and update your information periodically, one has to stay in a certain address in a specific time, and also even when the sex offenders move to a new state he has to register. With all this strict regulations and requirements I really feel the laws a going beyond the expectations. LEGISLATION OF SEX OFFENDER REGISTRATION I can opt to lament that the legislation regulating sex offenders’ registration is unconstitutional because in most states it does not allow the offenders to petition for the sentencing in court, and also the instances which qualifies one to be registered cannot be ascertained .For example one cannot really ascertain whether you led a minor to prostitution to could be on her free will also the exception of parents from sex offender registration is unconstitutional. U.S SUPREME COURT CASES In the case of Connecticut dept. of public safety v. Doe, 538 U.S.1 (2003), it involved the constitutionality of the Connecticut sex offender registration requirement which required public disclosure of information on sex offenders been released from incarceration. In reference to this case a state statute required the Connecticut’s department of public safety to collect gathered information about sex offenders and made it public on the internet website to make the registry available to the public. It was alleged that the purpose was to make the information available to individuals, but not to warn the public. John Doe, a convicted sex offender filed a suit in a federal court. The court issued an injunction, and the court of appeal affirmed in conclusion that it was a violation of registrants’ rights. However, the decision was reversed in the Second Circuit Court's judgment; on the basis that a process does not require to prove a fact that is not material to the state’s statutory scheme and, injury to reputation does not deprive one of liberty. Connecticut dept. of public safety V. Doe, 538 .U.S (2003).Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=538&page=1 .2012-04-24 In the case of Virginia v. Black, 538.U.S 343(2003).three defendants convicted against cross burning. The Virginia statute found it unconstitutional, but also cross burning with the intention of intimidation has a signal of violence. While the state has to prohibit all forms of intimidation which may cause fear of bodily harm. Also it was required that the state must prove the intent. Justice Clarence Thomas argued that cross burning should have no exceptions, so anyone should not engage in the refuge of proof. Virginia v. Black, Retrieved from http://caselaw.lp.findlaw.com/cgibin/getcase.pl?court=us&navby=case&vol=000&invol=01-1107.2012-4-24. Reference list Virginia v. Black, 538U.S 343(2003). Retrieved from http://caselaw.lp.findlaw.com/cgibin/getcase.pl?court=us&navby=case&vol=000&invol=01-1107.2012-4-24 Connecticut dept. of public safety V. Doe, 538 .U.S (2003) retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=538&page=1 PENAL CODE (290-294) retrieved from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=290-294 Washington registry link, (2012). Retrieved from http://www.theoffenderlist.com/Washington_Sex_Offender_Lis.html.2012-4-24 Adkins, G, Huff, D & Stageberg, P.(2000). The Iowa sex offender registry and recidivism. Des Moines: Iowa Department of Human Rights Schram, D. D & Milloy, C.D. (1995). Community notification: A study of offender characteristics and recidivism. Washington State Institute for Public Policy. Seattle, WA: Urban Policy Research Read More