In this episode, we delve into the complex intersection of sex offender registration laws and international travel. Our guest, Larry, seeks advice on his ability to travel internationally as a pilot without providing advance notice to sex offender registration authorities. The initial response suggests that there are no legal barriers to such travel, as the International Megan’s Law does not prohibit it.

However, discussions heat up when the attorney’s opinion comes into play. The attorney argues that Neil, as a Tier I offender, must comply with SORNA’s international travel requirements for 10 years, starting from his probation period. Larry, on the other hand, contests this viewpoint, stating that state laws hold authority over the duration of registration if Neil has connections or residency in Texas.

Further complications arise when the question of Adam Walsh Act requirements and international travel notice is raised. The attorney claims that once the federal duty to register expires, the obligation to provide travel notice also ceases. Larry, however, disagrees, highlighting the absence of a federal registry and asserting that state laws establish the rules. He argues that if a state like Florida requires lifelong registration and advance notice of international travel, federal law should not supersede those state requirements.

Join us as we navigate the intricate landscape of sex offender registration and international travel. We explore the implications of federal and state laws, analyze the attorney’s interpretation, and delve into the complexities of harmonizing these regulations. Listen in to gain a deeper understanding of the legal considerations surrounding sex offender registration and traveling abroad.

[2:28] Convicted in Michigan, PFR faces lifetime registration in Alabama.

[10:20] Listener Feedback Response

[37:02] AWA with Guest Neil from Texas

https://www.registrymatters.co/podcast/rm267-adam-walsh-act-and-international-travel-debunking-myths

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern-day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

Learn about negotiated plea deals and defense strategies in high-profile cases from this podcast discussion. The hosts explore the case of former police officer Joshua D., accused of child solicitation and contributing to the delinquency of a minor, and discuss the challenges of negotiating a plea deal in a high-profile case. They also share strategies for defense, including finding weaknesses in the prosecution’s case, humanizing the defendant, and preparing for sentencing. Join Andy and Larry as they delve into the nuances of criminal defense in complex cases.

[6:01] Can you rent to multiple PFRs? Is it something you should fight to have changed if you can’t?

[10:02] Should non-contact, image offenses get such a large amount of prison time? And should it be considered violent?

[19:27] The Albuquerque Police Officer Sex Case
https://www.abqjournal.com/2596702/former-albuquerque-police-officer-joshua-deleon-charged-after-allegedly-trying-to-coerce-teen-into-relationship.html

[49:06] End the Trial Penalty
https://www.nacdl.org/newsrelease/News-Release-~-05-03-2023?_zs=B2BgM1&_zl=uRG77
https://www.reuters.com/legal/us-criminal-justice-alliance-seeks-erase-trial-penalty-2023-05-03/
https://www.npr.org/2023/05/03/1172807956/trial-penalty-plea-deal

https://www.registrymatters.co/podcast/rm266-the-albuquerque-police-officer-sex-case-a-case-study-in-negotiated-pleas

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Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280
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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern-day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

The conversation is about the Interstate Compact for Adult Offender Supervision and how it can be confusing. The issue was raised by a question in the Legal Corner about a person who was transferred from Arizona to New Mexico and did not receive a review hearing after five years of supervision, as mandated by New Mexico law. The person in question was convicted in Arizona and has lifetime supervision imposed by Maricopa County. It is clarified that only Arizona can reduce or eliminate the remainder of the lifetime supervision, and New Mexico cannot ignore their own laws regarding review hearings for PFRs. However, the receiving state can impose special conditions that the offender must abide by. The conversation highlights the complexity of interstate supervision and the need for a better understanding of the powers each state has over offenders transferred through the ICAOS.

[3:44] Path to voting continues to be murky for Florida’s previously incarcerated

[12:00] Michigan PFR’s Seek individual liability for enforcement of vacated rules

[34:44] Transferring supervision to another state

https://www.registrymatters.co/podcast/rm265-demystifying-the-interstate-compact-for-adult-offender-supervision

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

On Registry Matters 264, we dive into a case where the Wyoming Supreme Court has ruled that the Wyoming Division of Criminal Investigation (DCI) overstepped its authority by requiring a Casper man to register as a sex offender 20 years after he was convicted of a misdemeanor sexual battery charge in Georgia. The court found that the DCI did not have sufficient evidence to support its decision, and that the man’s registration was therefore unlawful.

[3:01] Why does the PFR community continue to use recidivism instead of disabilities and restraints?

[8:45] Florida Senate Bill 1252 Amendments

[35:10] James Bullard, Minter versus the state of Wyoming

https://www.registrymatters.co/podcast/rm264-wyoming-supreme-court-rules-against-dci-in-sex-offender-registration-case

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Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280

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Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

Most people who have to register for a sexual offense think the registry seems like punishment. But is it “cruel and unusual” punishment? Making it difficult for individuals to find places they can live seems cruel. Some of the restraints placed upon registrants seem cruel as well.

And it is unusual that individuals would have their address and personal information available on the internet up to 30 years after they have served time for their offense.

But “cruel and unusual” is a high bar to meet, considering that in many states the death penalty is not “cruel and unusual.”

In The Michigan Court of Appeals versus Andrew Michael Swofford, Swofford’s attorney attemtped to convince the court that lifetime registration was cruel and unusual punishment. His argument was unsuccessful.

In Michigan, SORA Tier III offenders must report any changes to their residence, employment, e-mail address, and telephone number, and must report in person four times per year to verify their residence. It is easy to see that these are disabilities and restraints that impose onerous burdens on registrants. However, those restraints do not meet the legal standard for “cruel and unusual” punishment.

This is not to say that elements of the registry are more than a “civil regulatory scheme.” However, when discussing how to bring legal challenges before a court, it is essential to understand the nuances of laws and legal decisions. Cruel and unusual is a type of punishment. But legally, it is a type of punishment that is not applicable to the restraints that individuals on the sex offender registry face.

To a Person Forced to Register, or PFR, the registry seems like punishment. But if the registry is considered a “civil regulatory scheme,” it is no more punishment than having to get a driver’s license or register a vehicle. In order for the registry to be seen as punishment, a case has to be built properly, and the language used in the courts must be precise.

We also discuss ways that a PFR can be involved in the legislative process. First, build a relationship with a legislator or staff member if that is possible. Unless a PFR had a high-profile case, there is little chance that the legislator will take the time to find out if that individual is on the registry. Secondly, there are other ways to support candidates who are sympathetic to the plight of people forced to register for a sexual offense. Literature drops, phone banks, and monetary donations are three of those.

Highlights

[03:20] Engaging with state lawmakers.

[19:35] Professional wrestling, fake news, and civil regulatory schemes

[39:20] The Michigan Court of Appeals versus Andrew Michael Swofford.

[58:50] Police and Qualified immunity legislation.

[1:03:01] Lowering the threshold for a jury to recommend the death penalty.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm263-cruel-and-unusual-punishment-is-not-punishment

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Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

The Static-99 is the most commonly used tool for sex offender risk assessment. Although many states are moving away from using risk-based assessments to offense-based models so they can comply with the Federal Adam Walsh act, some states still use assessments like the Static-99. A case from Rhode Island centers on another risk-based assessment tool, the STABLE-2007. In the Rhode Island Supreme Court case, State vs. Cesare, the court rules that the reliance on a STABLE-2007 assessment tool was not appropriate for determining Mr. Cesare’s assigned risk-level.

Therefore, he is eligible for a new assessment under a different tool. Other non-contact offenders can use that ruling to receive a new risk assessment.

Many who are on the registry would like states to move toward a risk-based model, but states are moving away from them. One reason is that the Adam Walsh Act recommends the use of categories to place individuals in tiers. Another reason states are moving away from risk assessments is the cost. It is easier to assign tiers on the type of conviction. Risk based assessments are more expensive to perform and are more complicated.

First of all, we need to determine what the goals are at the risk assessment scheme. Because risk assessment schemes are done for several reasons, including sentencing, parole, probation, supervision management. But in terms of registration, if you want a standalone system for registration, do you want to utilize the risk assessment to determine whether the person is visible on the internet website?

Or do you want to make it determine if the person’s duration of registration could be lessened depending on the risk? Or do you want to determine if there are any additional residence restrictions or housing or employment restrictions?

There are other important questions that need to be addressed in regards to risk-based registration.

How would you want the registration scheme to be modified?

Are you suggesting that the person not be listed on the website? Or do you want to reduce the registration periods based on the outcome?

How much would it cost to create the entity that would determine the person’s risk? That entity would need some level of staffing that would include professionals to conduct the individualized evaluations. Otherwise, you are stuck with using an instrument such as a Static 99. Which is what they are doing, I think up in Oregon.

What would the process of the appeal look like the register if they disagreed? Would it be administrative? Or would it be judicial? There’s a different level of expertise and a different level of proof and expenses related to those appellate processes.

So a lot of unanswered questions.

The episode includes several listener questions, and discussions about a bill in Oklahoma, a Clayton County corrections officer arrested for having sex with an inmate, and a short discussion about a bill in Georgia that seeks to expand the amount of criminal charges that would require bail.

Highlights

[02:01] Listener question about legislative win in Washington state.

[09:01] Are pardons recognized in other states?

[12:41] Rhode Island risk assessment case.

[38:35] Clayton County corrections officer who had sex with an inmate.

[50:16] Oklahoma bill that would allow nursing homes to the juvenile sex offender registry.

[56:04] Georgia House vote on bill that increases the number of crimes that require bail to be released from jail.

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

Police stings, where officers go into adult chat rooms and pretend to be an under-aged person, continue to be an important topic. A member of CAGE (Citizens Against Government Entrapment) is our guest. We cover a range of topics, including sentencing guidelines, constitutional issues, and are police stings entrapment if law enforcement is pretending to be a minor on an adult website.

Sentencing guidelines in both states and the federal system are complicated by several factors. First, the federal government takes jurisdiction in internet-based crimes, and federal punishments are often more severe than state punishments. Second, each state has its own statutes, so it is difficult to compare the harshness of sentencing.

However, the fact that in some cases a person convicted from a sting operation will serve more time than a hands-on crime does not seem fair.

And why do these stings work? Why do men continue to communicate with an individual who after a series of exchanges claims to be underage? Well, law enforcement knows how to play these men so that it becomes more difficult to say no. Ultimately, it is the responsibility of the adult to say no, but they often don’t because they have convinced themselves the person claiming to be under-aged is interested in role-playing games.

It is also frustrating that although law enforcement is creating a crime where none would have otherwise happened, claims of entrapment are very difficult to prove in the courts.

An upcoming episode will further answer the question of are police stings entrapment.

Most of episode 261 is about police stings, but we do answer several listener’s questions about plea deals, how long a person can be held without bail, and if the judicial system would collapse if no one took a plea.

Highlights

[03:40] Listener question about the length of time you can be held without a trial.

[10:59] Would the system crash if everyone refused a plea bargain?

[18:55] Question about federal statute and residency restrictions.

[26:38] Discussion about police tactics in online stings to entice men to solicit minors.

[1:05:34] Decision to explore this topic and Georgia’s legislative decisions that move the state backwards on criminal justice.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm261-police-stings-preying-on-human-emotions-works

Leave voicemail: 747-227-4477

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

Today’s podcasts focuses on plea deals and whether a person should take one. The Plea Bargain Task Force studied the plea deal system for several years. It concluded that the plea deal system needs to be more fairer and more transparent. What would that look like?

For one, defendants should be made aware of the rights they are giving up on taking a plea. Secondly, judges should ask defendants taking a plea more probing questions to make sure the defendant knows what he or she is giving up in return for a deal.

For example, defendants give up the right to cross examine law enforcement and witnesses later. In addition, unless there is serious new evidence you can introduce, evidence that was not available to you at the time you took the plea, the courts are not likely to grant you a trial at a later date.

We discussed the conviction of former Sheriff Victor Hill in Clayton county, Georgia, and whether the punishment he received for unnecessarily strapping prisoners in his custody was adequate. He was sentenced to a year and a half, six years of supervised probation, and 100 hours of community service. In addition, he is forbidden from ever working in law enforcement in any capacity.

Was that adequate time? He received less time than some people who commit less serious crimes. However, his career is ended, his reputation is shredded, and his time behind bars will be difficult due to being a former law enforcement officer. We tend to lock people up for a long time in this country. Arguing that long prison sentences are not helpful and then wanting Victor Hill to receive a longer sentence seems contradictory.

Louisiana House Bill 135 wants to ban PFRs from working at polling stations, and we discuss the approach to take when talking to lawmakers about a bill that is a solution in search of a problem.

Kansas’s shortage of public defenders is just the latest example of a problem in the criminal justice system. Sixty years after the Supreme Court decision in Gideon vs. Wainwright that all defendants should have adequate defense, many states across the country are still not providing enough resources so that public defenders can adequately represent defendants who cannot afford attorneys.

Highlights

[07:05] Discussion of increases in reported sexual assaults at military academies.

[13:24] Louisiana House Bill 135.

[28:40] Plea bargains.

[48:45] Clayton County Sheriff Victor Hill.

[57:50] Shortage of Public Defenders in Kansas.

How to Contact and Listen to Registry Matters

• https://www.registrymatters.co/podcast/rm241-alabama-rules-pfr-restrictions-just-a-civil-regulatory-scheme
• Leave voicemail: 747-227-4477
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• Support us on Patreon: https://www.patreon.com/registrymatters
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• Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI
• YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

We devote much of the show to good news out of Rhode Island, where a federal judge ruled that residency restrictions that were applied retroactively are unconstitutional. The Rhode Island law would have required tier-three PFRs to move out of the expanded residency zone, even if they owned a home within it.

The judge saw many problems with the law, including that the law was vague, and that the state hadn’t even clearly defined what was meant by a school. Since the law created confusion about what is meant by a school and its property, an ordinary citizen would not know whether they were breaking the law.

Although there is a likelihood the state’s attorney will appeal the motion, it is an important decision, not just for Rhode Island residents. A negative ruling would have the potential to spread to other states.

A listener’s question about GPS monitoring led to a discussion about the expenses that PFRs are burdened with. The listener has spent nearly 13,000 dollars on monitoring and wanted to know if any of that money would be refunded if the law were found unconstitututional. The answer is most likely no.

We also discussed recent wins in New Mexico and the legislative process and what does and does not work when trying to persuade lawmakers and touched on the death of a PFR that happened recently in Michigan.

Highlights

[03:15] Listener question about GPS monitoring in Wisconsin.

[15:52] Why data doesn’t always get you what you want.

[22:00] Legislative victories in New Mexico.

[32:04] Rhode Island Judicial Decision.

[1:01:33] Discussion of a story out of Michigan in which a PFR was killed with a moose antler.

How to Contact and Listen to Registry Matters

• https://www.registrymatters.co/podcast/rm241-alabama-rules-pfr-restrictions-just-a-civil-regulatory-scheme
• Leave voicemail: 747-227-4477
• Email us: registrymatterscast@gmail.com
• Support us on Patreon: https://www.patreon.com/registrymatters
• Follow us on Twitter: https://twitter.com/RegistryMatters
• Join the Discord server: https://discord.gg/6FnxwAQm57
• Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry-matters
• Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280
• Google Play Music: https://play.google.com/music/listen?u=0#/ps/Icuxbpzvyti7wtoredipbtiojqy
• RSS: https://www.registrymatters.co/feed/podcast/
• Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI
• YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.