RM254: Clueless in Missouri: Unclear Law Keeps PFRs On Registry

Because of an unclear statute in Missouri’s law, two PFRs who were eligible to get off the registry are now required to register for life. We explore the case of Brock Smith and Gary Nelson Ford, and why Missouri’s Supreme Court concluded that even though Missouri law was unclear, they would defer to the legislative intent. Except the legislative intent is unclear.

Iowa is proposing a law that would require PFRs to register for life even if they are no longer required to do so. We dig deeper into that law. It calls for the creation of a fourth tier, with minimal restriction requirements, probably to avoid constitutional Ex Post Facto Clause issues. However, we feel the minimal restrictions will become harsher.

Both of these cases highlight why PFRs should remain active in the fight against the registry. Just because a registrant is currently off the registry, legislatures and courts can find ways to put you back on, if they so choose.

Travel out of the country is a reoccuring question, and we try to answer one listener’s question about moving traveling out of the US after being off supervision. Unfortunately, much of the information available is anecdotal. PFRs off supervision will be granted the right to leave in most cases, but we cannot with certainty say whether the country they wish to travel to will let them in.

Highlights

[02:20] Listener question about overseas travel after supervision has ended.

[12:10] Update on the New Mexico legislation, House Bill 128.

[20:00] Missouri Supreme Court denies PFRs petition to be removed from the registry.

[42:54] Discussion of Iowa HF 77, which attempts to put PFRs back onto the registry.

How to Contact and Listen to Registry Matters
https://www.registrymatters.co/podcast/rm254-clueless-in-missouri-unclear-law-keeps-pfrs-on-registry
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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.


RM253: Chemical Castration: Doesn’t Work But Earns Politicians Votes

This podcast focus on the latest attempt to enact Chemical Castration legislation for PFRs. The latest attempt, House Bill 128, comes out of New Mexico. If passed, New Mexico would become the 9th state to have some form of legislation related to chemical castration and registered sex offenders, or PFRs.

Representatives Stefani Lord, who co-sponsored the bill, made the typical and false claims about high recidivism rates. She also makes claims about what the bill that contradict current New Mexico sentencing and release guidelines.

The bill is so poorly written that it has little chance of being passed because it contains several unconstitutional provisions. For example, it’s not constitutional to force people to undergo such a procedure, especially when they receive nothing in return. In addition, the bill proposes to create a new felony offense for failing to undergo the treatment, which would be a technical violation. Finally, the bill would require the court to determine when the treatment is no longer necessary but gives the court no guidelines on how to make that determination.

We also discuss the legislative process in New Mexico, the steps necessary for a bill to get a floor vote, and what can be done to keep it from getting “out of committee.”

Because this bill is nearly identical to Alabama’s law about chemical castration and sex offenders, we believe an unnamed organization is behind these bills, sending them to lawmakers in nearly every state. So we might see more of these bills introduced nationwide.

A listener asks about passport markings, and unfortunately, we do not have a clear answer. The guidelines for whether the marking will be added to a new passport when someone has timed out of Megan’s Law are not readily available.

Highlights

[02:20] Listener question about passports after timing out from Megan’s Law.

[10:22] Overview of the New Mexico legislation, House Bill 128.

[23:00] Possible strategies to kill the bill.

[37:35] The legislative process in New Mexico.

How to Contact and Listen to Registry Matters

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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.


RM252: When Is Entrapment Not Entrapment?

Listen to RM252: When Is Entrapment Not Entrapment?
https://www.registrymatters.co/podcast/rm252-when-is-entrapment-not-entrapment/

Download the transcript here
https://fypeducation.org/wp-content/uploads/2023/02/RM-252-Print-Copy-Final.pdf

Tonight’s podcast takes a deep dive into online stings where police officers pose as teens in adult chat rooms. Our guest has done independent research on the legality of these type of cases. We explore them from a child safety situation and conclude that men propositioning minors in adult chat rooms does not happen unless the officers impersonate teens.

We discuss the history of these stings, how they work, and why law enforcement’s actions are entrapping men in these on-line sex stings. Unfortunately, law enforcement and the courts explain these are not stings, but legitimate methods to find people they call “potential predators.”

After a lengthy and detailed discussion, we spend several minutes on the latest developments of the tragic case of Stephen May, who was sentenced to 75 years. The question is whether a judgment rendered after a habeas petition or has been unconditionally released with no collateral consequences and where the state does not dispute that the Petitioner was no longer quote in custody pursuant to the United States Code 28. United States Code subsection 2254 is void for lack of subject matter jurisdiction. In other words, did the court loses jurisdiction by granting habeas relief and ordering Steven May’s immediate relief. That’s the argument being made to the Supreme Court.

Highlights

[03:15] Introduction of guest and background of online sting operations.

[25:01] Focus on why it is a crime if an actual adult is soliciting and how law enforcement and the courts respond to that argument.

[37:25] The process of raising an entrapment defense in court.

[54:17] Latest developments in the Stephen May versus David Shin case.

How to Contact and Listen to Registry Matters

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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.


RM250: Register as Soon as You Can as Soon as You Can Figure out the Rules

Listen to RM250: Register as Soon as You Can as Soon as You Can Figure out the Rules
https://www.registrymatters.co/podcast/rm250-register-as-soon-as-you-can-as-soon-as-you-can-figure-out-the-rules/

Download the transcript here
https://fypeducation.org/wp-content/uploads/2023/02/RM-250-Final-Print-Copy.pdf

We have a returning guest whose husband is in military custody. Our podcast does a deep dive into registration requirements for PFRs released from federal custody. How quickly should a PFR register? When does the clock for registration begin? What happens if you don’t register?

PFRs in military custody generally have fewer resources available to help them navigate the requirements, as they differ greatly from state to state. So the questions addressed on the podcast are from the perspective of individuals in military custody.

However, due to the overlaps between general registry requirements and for military custody, Episode 250 contains valuable information for all PFRs.

Nearly the entire podcast focuses on this issue due to the complexity of registration requirements. Therefore, we only tackle several articles–one on police shootings and another on the possibility of a reduction in phone call prices for those incarcerated.

Oh, and since this is episode we had to add a few extras.

Highlights

[02:30] Celebration of 250th episode.

[06:40] Discussion on the registration requirements for PFRs released from military custody.

[40:45] Additional questions and discussion from our guest.

[55:01] Increased police shootings.

[1:00:15] Biden signs bill to reduce costs for prisoner phone calls.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm250-register-as-soon-as-you-can-as-soon-as-you-can-figure-out-the-rules

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Email us: registrymatterscast@gmail.com

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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.


RM249: Plead Guilty and You Stay Guilty

Most defendants face the dilemma of taking a guilty plea. A trial will be expensive. The prosecution will lessen the charges if you plead guilty. And if a defendant goes to trial and loses, the unstated “trial penalty” often results in a harsher sentence.

Sometimes a defendant takes the plea with the hope of latter being able to challenge it. However, once a defendant pleads guilty, they remain guilty. We discuss this idea as it relates to Benjamin Petty versus the State of Oklahoma. Because Petty wouldn’t later admit his guilt during court-treatment, the providers deemed the treatment a failure, and his sentence was revoked.

We discuss the specific issues Mr. Petty raised and analyze why the court struck each issue down.

Several questions from listeners are addressed. One deals with interstate compact and who has the authority to approve or deny where a PFR may live. Another question is centered on the difficulty of finding attorneys who will treat a client as a partnership between them and the attorney.

A third question has to do with expungement and the state not removing the individual from its registry. By doing so, California is still disseminating registration information, which seems to be a violation of the right to privacy.

Also we address two related questions about interstate compacts and which states have the authority to approve parole conditions as well as the process of interstate compacts when one state wants the parolee returned to the state of conviction.

Highlights

[02:55] Who has jurisdiction to make decisions in interstate compacts.

[11:46] The challenges of finding attorneys that communicate well with clients.

[19:00] Shouldn’t an expungement lead to removal from a state’s registry?

[33:30] Discussion on petition for removal and whether that needs to be done at the federal level.

[33:15] Petty versus the State of Oklahoma

[56:49] Interstate compacts and the steps states take to return a parolee to the state of conviction.

How to Contact and Listen to Registry Matters

Leave voicemail: 747-227-4477
Email us: registrymatterscast@gmail.com
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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.


RM248: Does child pornography drive sex offender laws?

If the government knows it is on the internet, why doesn’t it take it down? What is the legality of keeping illegal material available for people to find? We discuss whether it is a conspiracy or a way for the law enforcement apparatus to continue to make money through the arrest and conviction of those found to have child pornography. Perhaps it didn’t start off that way, but it evolved into a system that needs to evolve, grow, and survive. This is similar to the SMART Office with the registering, tracking and monitoring that the federal office to demonstrate a need for its existence. Is the prosecution of material it has the ability to take down a money-making machine or a way for those who run the sex offender registries to justify their existence? Loyal listeners continue to have questions about interstate compacts, so we have a short discussion on the lack of understanding of how they work and the necessity of pushing for a probable cause hearing. Since it is long standing case law, asking for a probable cause hearing and being refused could be an issue to raise on appeal. The podcast discusses the changes in the military’s prosecution of sex abuse cases and how that happened, the state registry laws that lead people to homelessness or serious debt, and why prosecutors and judges do not understand bail laws. And if you are not familiar with the requirements of lifetime supervision in Nevada and other states, our segment on those requirements is an eye-opener, to say the least. Highlights [08:51] Listener question about interstate compacts. [13:36] Livetime supervision conditions in Nevada. [24:15] Changes in how the military will prosecute allegations of sex abuse. [33:30] Discussion on how Georgia’s sex offender registry traps people in debt and homelessness. [42:30] Federal magistrates, prosecutors misunderstand bail law. [54:00] Child Pornography and Federal law enforcement. How to Contact and Listen to Registry Matters https://www.registrymatters.co/podcast/rm248-does-child-pornography-drive-sex-offender-laws 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.

RM247: The Difference Between an Extradition and a Probable Cause Hearing?

Add extradition versus probable cause hearings to the process of retaking versus revocation, and it’s enough to make one’s head spin. We take a deep dive into extradition and probable cause hearings and explain A PFR involved in the extradition process would benefit from a probable cause hearing, but they rarely get one.

This is unfortunate because an extradition hearing mainly involves establishing your identity while in the probable cause hearing requires the prosecution to enter evidence. In a probable cause hearing, the offender is entitled to the following rights–a written notice of violations and disclosure of non-privileged, non-confidential evidence regarding the alleged violations.

So why are there so few probable cause hearings?

We go into a number of reasons that is true. Attorneys aren’t always familiar with the process, and the judicial process for filing a motion is complex and often nonexistent.

Several stories caught out attention, which we cover. Finally, we discuss how the outcome of the recent rail strike affects PFRs.

Highlights

[02:10] An individual who was recently doxxed and lost his job.

[09:59] The averted rail strike and what lesson to learn from it.

[30:25] In-depth Probable Cause Hearing discussion.

[46:05] Texas prison accused of billing the state for treatment programs it didn’t provide.

[50:00] Lawsuit brought by woman who was arrested for being pregnant when she wasn’t.

[56:25] New Mexico’s Public Defenders ask for additional funds.

How to Contact and Listen to Registry Matters

View Episode

  • https://www.registrymatters.co/podcast/rm247-the-difference-between-an-extradition-and-a-probably-cause-hearing
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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.


RM246: Interstate Compact Transfers

We take a deep dive into how to get an interstate compact transfer in this episode of Registry Matters. The rules for interstate transfers are confusing and unclear. We give advice on how to start the process, which is through your probation officer, what to expect, and the hurdles and hoops a PFR has to jump over. It’s important that you know why states are reluctant to approve interstate transfers, and which state’s restrictions a PFR under supervision will need to follow.

To ensure we devote enough time to interstate compact transfers, we started with several news stories. The U.S. Department of Justice has awarded states 20 million dollars to help register and track individuals with a sexual offense, which we find ironic as that is already done on the national and state level. But as Larry is fond of saying, “it’s all about the money.”

Another story that caught our attention came out of Mississippi. There a state auditor demanded a private prison operator refund the state for thousands of prison guard shifts that were never worked.

The story of the changes in New York’s care packages process caught our attention because women in prison already receive less support than men, and this change will result in additional burdens for women inmates.

Highlights

[10:25] Press Release from the US Department of Justice awarding 20 million dollars to help states track PFRs.

[16:19] Mississippi Auditor find major fraud in a privately run prison.

[21:27] Changes in New York state’s prison care packages rules.

[33:18] Discussion on how do I get an interstate compact transfer.

How to Contact and Listen to Registry Matters

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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.


RM245: Idaho Crimes Against Nature Causes the State to Settle Doe v. Wasden

Our big case this week is a victory in Idaho for PFRs who were put on the registry because of Idaho’s crimes against nature laws. Men caught having sex would be placed on Idaho’s registry even though the Supreme Court had ruled that anti-sodomy laws were unconstitutional. On behalf of three men, the ACLU took the state to court and won. The courts ruled the state of Idaho had to remove the three men off the registry, as well as any individuals with similar claims. The state was also ordered to pay substantial attorney fees. We feel this is a major win.

More men have died in Alabama prisons, and our hearts go out to their families. We also highlight how Tennessee disenfranchises its citizens who have a felony record, including requiring only those with a record to be current on child support payments before they are eligible to vote.

Kentucky has created a prison to work program, and we discuss the possibility that PFRs will be excluded from the process.

Highlights

[02:50] Additional deaths in Alabama prisons
[11:14] Tennessee’s policies that lead to disenfranchised citizens with a felony conviction [17:22] The size of juries
[20:36] Kentucky Prison-to-Work Program
[24:57] Idaho–Doe versus Wasden
[42:06] The settlement agreement
[53:30] Why Idaho vs Doe is a big win

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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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.


RM244: Doe vs. Swearingen: A Victory in Florida?

Our main case is out of Florida, John Doe vs. Swearingen. It’s an ex post facto challenge. The plaintiffs, whose offenses predate the 1997 Florida registry, currently must follow registration rules from the 2018 amendments to Florida’s registry laws. The court ruled against the plaintiffs, who appealed the ruling. The appeals court ruled in their favor, which means they will have another opportunity to present their case.

However, their victory might be short-lived because Florida is in the 11th District. Recent rulings in the 11st District have not been favorable to PFRs, and the 11th district is bound by precedent.

We also discuss a Halloween Law Enforcement Sweep in Florida and what law enforcement agencies need to do to justify the sweeps. Mississippi Public Defenders are underfunded, and we discuss how the disparity in public defender pay affects those they have to defend. A case in Texas about why an individual who does not commit a sexual offense can still land on the registry. We close out the podcast talking about the challenges incarcerated military vets face when they leave the prison system.

RM242—Doe vs. Swearingen: A Victory in Florida?

Our main case is out of Florida, John Doe vs. Swearingen.

Highlights

[01:34] John Doe versus Richard L. Swearengen.

[26:30] Halloween Law Enforcement Sweep in Florida

[32:45] Public Defender Funding in Mississippi

[39:46] Texas man put on registry even though he didn’t commit a sexual offense

[46:47] Military Veterans and the Challenges They Face Reintegrating Into Society

How to Contact and Listen to Registry Matters

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.