The New Mexico Legislature convened for a 30-day session on January 18th. As we had anticipated, early indications are this will be a year of dueling get-tough on crime proposals from the governor as well as those seeking the office. The governor announced her proposals in advance of the session. Those priorities include: Imposing a “rebuttable presumption,” which shifts the…
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y Larry . . . NARSOL previously reported on the case of Brian Hope v. Commissioner of Indiana Department of Correction, which was favorably decided by a three-judge panel back in January. Unfortunately, the Seventh Circuit granted Indiana’s request for en banc review, and the full court has now turned that victory into a defeat. Trial Court History United States District Court…
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By Larry . . . The case of The People of the State of Michigan v. Paul Betts is an awesome win for our cause. The Michigan Supreme Court was asked to decide whether the retroactive application of Michigan’s Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2011 PA 17 and 18 (the 2011 SORA), violates state and…
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By Larry . . . It is constitutional to prohibit internet access according to the Colorado Court of Appeals. Christopher Landis appealed his probationary sentence for attempted sexual assault on a child. He argued that the conditions of his probation restricting his use of the internet and social media violate (1) the governing Colorado statutory scheme and (2) his rights…
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By Larry . . . The case of Dennis J. Powell Jr. v. Mark Keel, Chief, and The State of South Carolina was an awesome victory for our cause. This appeal was the result of the circuit court’s granting summary judgment in favor of Dennis Powell, Jr. on his claims challenging the internet publication and lifetime duration of his mandated registration as…
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LJC is delighted to report to you that registrants with non-New Mexico convictions will soon be entitled to due process before they are listed on the New Mexico Department of Public Safety (NMDPS) website. This is a direct result of LJC’s lawsuit and subsequent work, and it becomes effective today, July 1, 2021. This is a monumental achievement and we…
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By Larry . . . The case of Menges v. Knudsen is a challenge against the attorney general of the state of Montana and various other governmental officials in their official capacities. See Menges v. Knudsen, CV 20–178–M–DLC, United Stated District Court for the District of Montana. Plaintiff Randall Menges filed suit on December 9, 2020. He asserted that Montana’s registration requirement is unconstitutional…
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We apologize in that this final update took longer than we would have liked. The New Mexico Legislature adjourned on March 20th. None of the priority bills we were tracking actually made it to the finish line. HB 56: Our number one priority was to defeat HB 56, and we are happy to report that it did not pass. HB 56 is the SORNA and human trafficking proposal. The bill contained a provision that would have required registrants who simply own property located in New Mexico to register. The…
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The Free Press, Mankato, Minn. Patty Wetterling lost a son to the actions of a sex offender. But she now has misgivings about a sex offender registry she helped create. Wetterling’s son Jacob was abducted and killed in 1989 in central Minnesota by an area man. After Jacob’s disappearance, Wetterling worked to establish a sex offender registry that would help…
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The New Mexico Legislature will adjourn at noon on Saturday. At this point, none of the bills we are tracking have moved to the finish line. LJC Opposes HB 56: Our number one priority is defeating HB 56 which is the SORNA and Human Trafficking proposal. Much of the proposal centers on hype about Jeffrey Epstein and the fact that even…
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