Category Archive for : ‘COURT DECISIONS’

newsday.com/Sid Cassese

Judge Valerie Alexander, a District Court judge of the First District Court in Hempstead,has ruled that Nassau County’s law barring convicted sex offenders from living within 1,000 feet ofa school is invalid because it is inconsistent with state law.  Alexander said the state lawtakes precedence over Nassau.  State law requires that only registered sex offenders on paroleor probation be required to live beyond 1,000 feet of a school.  In Nassau’s law, there is nodistinction between sex offenders on parole or probation and those who are not.  In a

latimes.com/Maura Dolan

The California Supreme Court upheld residency restrictions for sex offenders Monday, rulingthat thousands may be barred from living near schools and parks even if their sex crimes werecommitted years before the restrictions became law.  The state high court’s 5-2 decisionpermits California to continue enforcing residency restrictions on thousands of sex offenders whowere paroled after Proposition 83, known as Jessica’s Law, took effect in November 2006. Four parolees challenged the residency rules, arguing that there was no place where they could liveand comply with the law in the cities to

sexoffenderresearch.blogspot.com

The 9th Circuit rejected as unconstitutional a legal provision requiring juvenile sexoffenders to register and report four times a year, saying it could wreak havoc on the lives offormer offenders who are not law-abiding adults.  Congress enacted the Sex OffenderRegistration and Notification Act in 2006 in response to growing concern over sex crimes,particularly against children.  The Act applied not only to adults, but also to juvenilesconvicted of aggravated sexual assault or worse at the age of 14 or older.  It also appliedretroactively.
(Montana)

sexoffenderresearch.blogspot.com

A hearing is scheduled in Lincoln County District Court on January 14 that couldtest the patience of a federal judge who has already allowed small parts of the new sex offenderregistry act to be argued on merits of constitutionality.  Previous cases were filed in otherparts of the state to contest the January 1 deadline that implemented LB 97 and LB 285, acomprehensive set of new statues that makes public knowledge the names of all sex offenders, asopposed to just high-risk offenders, and changes how sex offenders are monitored postconviction. 
(Nebraska)

New Jersey Family Policy Council

Last week, The New Jersey State Supreme Court RULED 6-0 against the safety of our childrenand in favor of convicted sex offenders by denying towns the right to restrict where sex offendersmay live.  The Court said towns cannot bar sex offenders from living within a designateddistance of any school, park, playground, public library, or daycare center.
(New Jersey)
 

Newsday/Erik German

A judge’s decision overturning a Rockland County law restricting where sex offenders livecould affect dozens of similar laws statewide, including many on Long Island, where municipalitieshave rushed to enact tough residency legislation over the last few years.  In a decisionFriday, State Supreme court Justice William Kelly said local residency rules are superseded by NewYork State law, which specifically empowers local probation officers to decide where to place sexoffenders in communities.  While the Rockland court holds no sway over other counties, legalexperts said the ruling’s impact could spread if