A legal and policy podcast about the sex offender registry

RM70: 9th Circuit May v Ryan

On this, our 70th episode, of Registry Matters we have a long time listener and supporter from Florida that is trying to learn about the legislative process to be a more effective advocate; Listener emailed a question regarding moving around and around and around to avoid registration; Listener voicemail about supervision conditions when moving to another state; Justice is the prosecution getting the right person, not putting “anyone” behind bars for 22 years; Philly DA is going after mass supervision after mass incarceration; Man spends 36 years in prison and can receive a max $250k for wrongful incarceration; Mens rea reform and using an affirmative defense; SCOTUS considers if jury should be involved in supervised release; Virginia Governor proposes to tweak evacuation shelter rules for registrants; The 9th circuit decision a case NARSOL regarding if the state is required to prove sexual motivation

[44:50] https://www.law.com/newyorklawjournal/2019/03/22/exonerated-man-who-spent-years-in-prison-in-ny-calls-for-public-financing-of-elections/

[50:30] https://www.philly.com/news/da-larry-krasner-philly-probation-criminal-justice-reform-parole-20190321.html

[55:55] https://www.nytimes.com/2019/03/21/us/fingerprint-database-archie-williams.html

[1:00:05] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3264522

[1:06:10] https://www.law.com/thelegalintelligencer/2019/03/28/us-supreme-court-considers-right-to-a-jury-on-supervised-release/

[1:11:10] https://www.dailypress.com/news/politics/shad-plank-blog/dp-nws-offender-tweak-20190325-story.html

[1:14:00] 9th Circuit decision May v Brnovich

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4 comments on “RM70: 9th Circuit May v Ryan

  1. WC_TN says:

    Larry, thanks for addressing my question. The main thing I wanted an opinion on was missed. I know there would still be reporting even if moving to another state under the Interstate Compact for Adult Offender Supervision.

    What I was asking about are the individual conditions of supervision. Does the receiving state have to enforce the specialized parole conditions for sexual offenders?

    I’m talking about the list of conditions such as:

    Only having monitored Internet access
    Attending treatment
    Taking polygraphs twice a year
    Not possessing any kind (including legally available) pornography
    Not making friends with anyone who is the parent or guardian of a minor, etc.

    Are the individual rules (conditions) of lifetime supervision from the sending state required to be enforced by the receiving state?

    1. Calvin Saylors says:

      I’ve never answered a question here, but I can give some insight to your questions. First of all, if you are still on parole, you cannot move without the permission of your current parole people. Then you have to be accepted by the parole officer where you are moving too. If, and that’s a big IF, you get approved for a move, you will fall under the requirements of the state in which you move. However, you will still be required to maintain your registration in BOTH states. I hope that helps.

    2. Michael Miller says:

      I believe that of course that it depends on the state, each state has their own rules, interpretations and restrictions.
      I transferred to Maryland from South Carolina and the difference’s were night and day.

      examples:
      SC requires monitoring with ankle bracelet not only during the time of probation but also after and for life. Maryland required that I wear the monitor for 30 days. Period.

      SC did not allow me to go to a mall or near any parks etc. Maryland does not not require that.

      SC limited me access to internet. Maryland had no restrictions at all.

      SC could come to my home at any time day or night and have complete access to the home. Maryland only allows the probation officer to come to the door. They also have to set an appointment time frame to do a home visit. If they want to search the home, they have to have a court order.

      SC Charged $100 a month for probation. Marylands was only $40.

      SC classified me as a tier 3, Maryland followed through with that.

      So as you can see, each state can be different. I found that even though I had 3 years left on my probation when I moved to Maryland, It was a lot easier here and I like it here. There are those in the Sheriffs department that are judgemental, but you get that where ever you go.

      Stay Strong!

      SC charged $150 a year for Registration. Maryland has no fees.

  2. Ernest Tucker says:

    Thanks for your story. The registry has totally destroyed my life. I am a 65+ old man who is confined to a wheelchair with other serious medical problems. Because of the registry my family is now totally estranged. That includes my wife. I was excommunicated from my church. I for the first time in my life am totally alone. There are many senior services that I cannot access due to the crime I committed. I am blessed that I have a house but it is no more to it than that. It is a house not a home. This last weekend I received a note under my door stating that they knew who I was and what I had done and that they don’t appreciate my presence. I told my po and he said that if it happened again to give it to him.
    The point that I am trying to make is that I will never be able to pay my debt to society. With the law the way it is inacordance with a desenting option, Justice Ginsburg stated that the registry is a continuing punishment. One of the few times she said something l could agree with.
    I believe l have something that could really make a change to these laws if l could get someone to listen and discuss the information that I have. This information has been obtained over 16 years of serious research by a number of people that are not necessarily involved in just the registry.
    I spoke briefly with Larry in New Mexico and unfortunately he told me that there was no one that will touch these issues on a Federal level. I believe and if I am wrong please correct me, but the greater number of offenders are convicted by the federal courts than most of the states. Therefore my focus has been on the corrupt Federal system.
    I don’t know if this will be published but I would like to reach out to those who like me were convicted by an over zealous prosecutor.
    A recent conversation with my po set me back a little. He stated that every person who has been convicted is guilty without question, and that if I expected any peace l would admit to all and what ever else I may be accused of. I am subject to and have been threatened with polygraph examination and if I fail in any way I will have to pay the cost of the test.
    I know that NARSOL focuses on just the registry, but I believe that we also need to change the laws themselves.
    If anyone is interested or knows of someone that has an interest in hearing what I have, please contact me

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