Litigation Information Needed

Member, Donors & Friends

Now that I am working as LJC’s staff attorney, we need your help as we prepare to move forward with our ambitious litigation plan. Between preparing for lawsuits, we will be putting law enforcement on notice to cease and desist with some of their illegal practices and we need your assistance for the first notice.

One of their invented requirements is that law enforcement tells registrants that they are required to take a form provided by the sheriff to their employer, have it signed by the employer, and return the form to the sheriff. If you happen to have a copy of one of these forms, please get it to us ASAP. We have forms from some of the counties already but that does not tell us the scope of the problem. Let me be clear, the law does not require this and we intend to ask that they cease imposing this imaginary requirement. The law actually states as follows: “When a sex offender who is registered or required to register is employed, begins a vocation or volunteers services, regardless of whether the sex offender receives payment or other compensation, the sex offender shall disclose the sex offender’s status as a sex offender in writing to the sex offender’s employer, supervisor or person similarly situated. The written disclosure shall be made immediately upon beginning employment, vocation or volunteer service.” See 29-11A-4(k) NMSA. The text of the statute does not require that: (1) the sheriff’s form be used to provide the notification; (2) the employer sign the form; or (3) the offender to return the form to the sheriff’s department.

In addition to the forms sent to employers, some sheriffs routinely place flyers on registrant’s doors with a demand that the person named on the flyer call within 24 hours. We intend to make it clear that a registrant cannot be prosecuted for failing to call the sheriff in response to one of their bright-colored flyers. This practice is routine in Bernalillo county. It’s is your choice to call but you cannot be prosecuted and convicted for failure to make such calls because the registration statute does not require you to do so. We ask that you keep all flyers and place a date on each one of them going forward.

We are also looking for anyone who has been required to get permission and give an itinerary while travelling if you are not on probation or parole and are only on the registry. We would like copies of anything that says this is required and/or any information if this has happened to you.

These practices will all be referenced in our notice to law enforcement.

Sincerely,

Ashley Cloud, Esq.

LJC Staff Attorney