RM61: When Does The Registry Become Punitive & 8 Articles

An action packed episode with live guests! Rick from Florida joins to provide some conservative view points, Halloween bill prevents registrants from Halloween activities – but it’s really vague; ACLU files class action in Michigan; If you have a mental illness, you might not be released from prison on your release date – Awesome!; Constitutional rights violations of indigent persons in Louisiana; Rich media mogul assembles all-star team of lawyers; Slave labor in Texas prison; Is a person capable of giving consent to sex while in police custody; 5th Amendment upheld to unlock your phone using biometrics

[29:32] https://www.mysanantonio.com/news/article/Arkansas-Senate-approves-Halloween-ban-for-sex-13559687.php
http://www.kait8.com/2019/01/24/halloween-sex-offender-bill-approved-by-senate-protects-children-higher-levels-sex-offenders/
http://www.arkleg.state.ar.us/assembly/2019/2019R/Pages/BillInformation.aspx?measureno=SB10

[42:30] https://www.detroitnews.com/story/opinion/editorials/2019/01/25/sex-offender-registry/2666197002/
https://www.detroitnews.com/story/news/local/michigan/2019/01/21/aclu-lawsuit-seeks-changes-michigan-sex-offender-registry/2350288002/

[58:00] https://www.nbcnewyork.com/news/local/New-York-Inmates-With-Mental-Illness-Are-Held-in-Prison-Past-Their-Release-Dates-Lawsuit-Claims-504815191.html

[1:07:50] https://www.theadvocate.com/acadiana/news/courts/article_2ba286b6-2021-11e9-b60e-1f8f0c190611.html

[1:21:15] https://www.law.com/newyorklawjournal/2019/01/23/harvey-weinstein-assembles-high-profile-non-ny-lawyers-for-new-defense-team/

[1:31:50] https://www.themarshallproject.org/2019/01/24/fields-of-blood-my-life-as-a-prison-laborer?ref=hp-1-111

[1:38:30] https://theintercept.com/2019/01/25/new-york-nypd-police-rape-law/

[1:50:30] https://gizmodo.com/cops-cant-force-people-to-unlock-their-phones-with-biom-1831743969

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12 thoughts to “RM61: When Does The Registry Become Punitive & 8 Articles”

  1. These podcast are “educational” but I have to ask why it ends there? Why does Narsol and its sister groups want to keep registrants divided, isolated, and powerless? Nothing ever changes until groups are able to unite, coming together under a common cause, with all their voices being heard. Yet Narsol only desires to be the only voice heard, or the voices of their hand picked guys? I see y’all fighting for registration to end for minor offenses, but too scared to denounce the inhuman punishments on most others?

    I’m not a large group. I’m not funded by no telling how many thousands of dollars. And I have no desire to control the narrative. I am one man, that got tired of us being a divided hated group, with no voice. Getting told the public isn’t ready for us to be treated as humans. Similar to the Jews and African Americans 60 years ago.

    No more excuses, we need to come together and stop this insanity. Exsos.app is my website. I foot the bill, no one helps me with it and I’ll no longer ask because they didn’t care to respond. It’s made for one reason, for us to come together and not be forced into silence by fear of further humiliation. We can over come these things. But we have to do it together. Everyone deserves a voice, our voices are our power to end this treatment we get.

    1. Hi,
      First – let me make a clear distinction between this podcast and any other organization advocating for the changes in the registry. I want that to be explicitly clear. Your comment seems to state that we are narsol, which we are not. We both have affiliations with narsol. You may have even been notified of this podcast through a narsol email.
      educ
      If one of our people went to their legislature and lobbied, etc for a single change that made the lives of 10% of the registrants easier, that would literally be an improvement. Granted, not for everybody. But for some. My point is that we DO NOT have to be united to make change.

      However, you say “I see ya’ll” fighting for changes to minor offenses. This is misrepresenting our point of view. I’m reluctant to speak for Larry. The point of this podcast is to educate, and motivate ‘our people’ in how ridiculous these laws are. And that minor offense, or the most heinous offense; that once you are done with your punishment phase, you should have your full rights as a citizen restored.

      I am curious about your organization though. What will you be doing if you’re not well funded and/or are small. I agree, we can overcome things. So what are you doing? Are you filing lawsuits? Are you active in your legislature? Give me some specifics, or victories. I’ll happy promote you on the podcast if what you’re doing is having an impact.

  2. I was convicted in the state of Kentucky of Rape 1st in 1992. Sentenced to 20 years. At that time there was no sex offender registry in existence, therefore no registry requirements contained in the judgment.
    I was released on parole in 2002 and placed on the registry as a requirement of my parole for life. I was violated and returned to prison and thereafter served out my sentence on 12/01/2005 again as a lifetime registrant.
    How can this NOT be a retroactive application of law in my particular situation? Am I correct in my thinking that this is in fact an expo facto violation?
    What can I do to correct this? PLEASE help me!

    1. It is Ex Post Facto… I am in similar situation. Convicted 96 in Wisconsin. Given probation. No registration laws existed in 96, therefore no requirements in the conviction. In 1997 they passed laws retroactive to 1995, including me in this requirement. My case I was 19 she was 15, age being the ONLY violation. No rape, no force, nothing of any violent nature. Bottom line I was given 7 yrs probation, completed that in 2003 and been on registration since 1997. It sucks. Wisconsin even charges $100/ yr fee for registration. I refuse to pay that. I completed my probation in 2003. My civil rights restored. I live in florida, which is ridiculous on registration to begin with. It is Ex Post Facto, however, federal and state laws maintain its civil so it is not subject to Ex Post Facto jurisdiction. And yet, failure to follow registration requirements carry criminal penalties. Funny how that make their own rules up.

        1. Timothy, thank you for the clarification on when registration was created in WI. I searched under 301.45 in archives and it didn’t exist in 1996 that I found. This explains it, if it was under 175.45 at that time. Unfortunately, I was never informed, or made aware of any such registration prior to or at the time of my plea agreement and conviction in 1996. It was not put on any conviction judgment outlining penalties and/or requirements. Fact is, I wasn’t requested to “register” till years later in florida during the time I was on probation, which is why I believed it didn’t exist. However, you pointed out the 15 yrs registration requirement was in fact the case at that time in 1996. Isn’t this ex post facto? It’s been nearly 16 yrs since I was released from probation. Under the original law I would be released from the obligation, correct? Last question, how do i find an attorney that will represent me in this matter in wisconsin?

        2. Timothy, I want to clarify my question regarding 15 yrs registration. At the time of conviction in WI in 1996 requirement was 15 yrs registration after released from probation. Subsequently later WI amended and retroactively applied the law for registration requirement to lifetime for me. So what was 15 yrs now requires lifetime registration in my case. My question is, isn’t this ex post Facto?

  3. Florida does Not have parole. Only Probation post sentence. The Jimmy Rice Act is the civil commitment equivalent, and post sentence inmates who have been Jimmy Riced spend years before they even see a judge.

  4. The state of NY may be wanting to hold the mentally ill past their sentence expiration date in order to strengthen their stance with their civil commitment laws. If they keep “other mentally ill” inmates past their release date, then sex offenders can’t argue they’re singled out for especially onerous treatment under the law.

    This is the state that just legalized late, late term abortion up to and including when the woman is in labor while stripping the protections of personhood from babies that survived attempted abortions. So you see liberal democrat New York has went down the toilet morally, so nothing they do from here on out will even shock or surprise me. Once you legalize murdering a baby that’s ready to be delivered, there’s no coming back from that. They can’t call it a fetus at that point. It’s a baby that’s ready to be born; a fully developed human being that would absolutely survive outside the womb.

  5. I cannot be sure when the rest of the fifty will determine SORNA is punitive but a Wisconsin jury will be forced to face and perhaps contemplate the issues this year. I look forward to putting James Doyle on the witness stand so he can explain how I ended up on the WISCONSIN SOR list. Then he will be compelled to explain how Wisconsin’s children are on the list. It began with use to protect vulnerable persons from hardened convicts of 1°,2nd° aggravated sexual assault crime TO KIDS. Plain indentured servitude to a database machine maintenance. As if information or data on ANY DATABASE is secure from unlawful or unauthorized use. None are air tight!

    Ultimately our founders gave those facing felony indictment summons powers so that Politicians and Policy makers could be HELD ACCOUNTABLE BY IT! Too bad most folks can not stand the pressure the power of the state wields.

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