Tuesday, July 1, 2014

Great News in Maryland! Retroactive Mandate to Register for Convictions Before the Sex Offender Registry Existed Upheld as Unconstitutional and Now the State MUST Remove Those They Forced to Register

Only 17 of 50 States (and Washington D.C.) are certified as Adam Walsh Act/SORNA compliant by the SMART Office and Maryland is one of them. 

Maryland is also one of the states that have faced a court challenge against mandated retroactive registration with a ruling of unconstitutional action. They removed the one man (RSO) that took the 2013 challenge but refused to remove all the others they wrongly forced to register. 

Well yesterday the Court of Appeals upheld the decision and now the state of Maryland is supposed to remove all the additional citizens it forced to register for convictions prior to the existence of their registry (see article below). This will take time and money!!!!!!!!!! 

A similar ruling and result occurred in Ohio back in 2010. The state of Ohio had retroactively reclassified (increasing the classifications) its offenders years after their conviction. After their court ruled this action was unconstitutional they spent months and tens of thousands of dollars returning the original classifications to 26,000 offenders. 

July 1st in Virginia: New Laws Take Effect Today!

As most of you who were following this blog back in January-March 2104 know the 2014 Virginia General Assembly Regular Session and Veto Session has come and gone. 

·         To review the history of the bills that I tracked, supported and opposed during the 2014 session, go here
·         To review bills that I did not track during the 2014 session but were somewhat on topic, go here
·         To learn how a bill becomes law in Virginia, go here 

All bills that passed the Virginia Legislature and were signed by Governor Terry McAuliffe become law today! 

To view the list of the new 2014 laws in Virginia, go here . 

Remember ignorance of a law is not an accepted defense! 

As always, to know what Virginia laws apply to Registered Sex Offenders, you can go here .

There are no new legal compliance restrictions for RSO’s in Virginia for 2014. The only change worth mentioning is a longer process for an RSO to change their name and if they have changed it already they have 3 days to register it with the VSP. 

Not too bad considering the number of bills that were filed in 2014 to restrict RSO’s in the Commonwealth!