Friday, May 2, 2014

NV - Officials push to amend Nevada’s controversial sex offender law

Sex offender laws are flawed
Original Article

05/01/2014

By YESENIA AMARO

Nevada Assemblywoman Michele Fiore on Thursday said she would use one of her bill drafts in the next legislative session to rework the state’s controversial sex offender law that was adopted to comply with a federal act.

In 2006, Congress approved the Adam Walsh Act as a guideline for state laws on sex crimes. The act was intended to toughen punishment for sex offenders and make their photos, names and addresses available to the general public.
- Once again we have someone admitting the laws are all about punishment, therefore they are unconstitutional!

Nevada lawmakers in 2007 adopted most provisions of the federal law. The state law, proposed in Assembly Bill 579, was set to go into effect Feb. 1, but the Nevada Supreme Court put a temporary stop to it following a lawsuit filed on behalf of 24 unnamed clients.

It was not the first legal challenge the law had faced since 2007.

I just don’t think that AB579 is fitting nor (is) appropriate for the state of Nevada,” Fiore, R-Las Vegas, said during a meeting of the Advisory Committee to Study Laws Concerning Sex Offender Registration. “I really, truly believe that we have very intelligent legislators and judges, that could bring forth this next legislative session much more comprehensive guidelines than what’s implemented in this” legislation.

The state law applies to anyone convicted of a felony sex crime involving children and is retroactive to 1956. There are about 3,000 registered sex offenders in Nevada, and that number is expected to dramatically increase under the law.

Susan Roske, an attorney with Clark County’s juvenile public defender’s office, said if the committee doesn’t make a recommendation to the Legislature to repeal the law entirely, an alternative could be to amend parts of the law that address juveniles.

In response to various states concerned about the federal act’s impact on juvenile offenders, the U.S. Department of Justice’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking has said juvenile courts can have discretion in keeping juvenile offenders off the public website that would display their personal information, Roske said.

The committee could ask the state Legislature to acknowledge those changes and grant juvenile court judges that discretion, she said. The change wouldn’t apply to juveniles being charged as adults.

I would strongly urge that this change be made,” she said Thursday.

Tod Story, executive director of the American Civil Liberties Union of Nevada, said he would recommend the state suspend the implementation of the law and examine why lawmakers rushed to adopt it in 2007.

Thus far, only 17 states have passed laws which “substantially implement” the federal act, Story said. The remaining 33 states are either unable or unwilling to comply with the requirements.

It’s a bad law and it wasn’t thought through,” Roske said.


10 comments :

Mark said...

"In 2006, Congress approved the Adam Walsh Act as a guideline for state laws on sex crimes. The act was intended to toughen punishment for sex offenders and make their photos, names and addresses available to the general public." And now, if it has not happened as yet, Ms. Fiore will RETRACT that statement and say it was just a mistake. Thanks to John Walsh and his predecessors, The District Attorneys, all police, the courts, the defense lawyers, the federal courts, and the Department of Justice ALL KNOW registration is PUNITIVE, and they all know the effects of registering - period.

getting closer to the street said...

The law maker's rushed to pass the law in 2007 for grant funding , like other states , and it was the year before the crash of wall sreet , and would have to believe they all knew it was coming .
But why is it that the AWA and Megans law are not held responsible for the deadly outcome of their registry . One death is too many ,as one sex offence . Would President Bush or former President Clinton agree that someone taking the names from the registry for murdering American citizens , would be a President's wish when signing the bills as a federal law ?. Does that make John Walsh and Laura Ahearn federal agents cleared for the deaths and attempted murders , bullying of famlies and their children , property damage , home lessness , job rejection and refused help from police for discrimination for the proposed registry after time served . It is a bad law , and John Walsh And Laura Ahearn should be brought to justice before a federal court .

Matt said...

Yep but the only thing they care about is looking tough on crime and getting funding in order to secure their positions of power. That's it. Don't bother pointing out facts to these cretins because they really don't give a shit. There's really not much of a difference between the religious courts that use to prosecute accused witches and the courts we have today. They've achieved the same corruption with secular reasoning.

getting closer to the street said...

What personal information kept from the public juvenile registry ? Does that include ward of the state ? The parent or parents home address car type, license plate number, distance zoning ,where the parent or parents resume employment . They would all be in the street or worse . How can an expensive high profile attorney do anyhing when the laws are what they are . I think we are all learning with that question . Nothing .

Bill Barney said...

I use to live in Nevada. Feb. of this year I left my Wife, house, dogs, and business to live in an RV park in Leeds Utah. I refuse to be labeled an extreme risk. I refuse to be put back on supervision and regularly report to an officer. I refuse to give up my right to privacy and to unreasonable search and seizure. I refuse to let them take away spousal immunity from my wife. I refuse to be publicly branded as a high risk for a crime over 20 years old that I did 90 days in jail for. I refuse to be a public target of Jokes, ridicule, vandalism, pet mutilation, death threats, and murder. I am done. In Utah were I committed my crime over 20 years ago I am not required to register. I am living homeless and free. I am starting a new business and am trying to make a new life for my wife and I. I have made a pledge to GOD that I will not register again. I would rather be locked up as a patriot than be free as a monster. My new quote that guides my life is from Ben Franklin, "Rebellion to Tyrants is Obedience to GOD!" I will not yield to tyranny. I will not be robbed of my GOD given Irrevocable rights. They are mine and I will spend my life in prison fighting for them! Soon there will be more like me. Soon there will be more with my attitude. Soon we will flood their jails and courts and treatments. Soon we will clog the system and break their budgets. Soon the stench of these laws will be unbearable to ignore. Soon the tide will change.

Sex Offender Issues said...

We totally understand and we wish you luck. You know though, you will be arrested and put into jail or prison for not registering, but we understand your point.

Guest said...

Godspeed, Bill Barney!

TxTyrant said...

Wait, wait, wait, did I hear that reporter right? "Although many of the arrested will ultimately get well deserved time behind bars."
So let me get this straight, not only do they not have any records since the police have not given them such records, but the report just agreed that these men deserve it even though there is no evidence to prove that is true.
What the flippin' flyin' hells-bells?! Is this guy serious?! And following that statement he goes on to say, "Even if a few men were targeted by officers abusing their power...", so is he in agreement or not?!
This is a standard case of broad-brushing. No one knows who is on the list from this report, nor if these men were all just busted wrongfully or not! So instead of just attempting to paint the police-department for wrongful accusation, why not re-enforce that all men who are labeled sex-offender are just men who deserve the label.
I am not well educated and even this report has me scratching my head wondering is the reporter stupid, or just not articulate.

Markgt said...

Yes it is uncharted territory when it comes to interstate travel under SORNA. You may no longer have to register in your state of conviction (Utah) either due to operation of law (i.e. if the statute says you must register for 10, 20, 30 years) or per court order (i.e. if your state allows you to petition the judge to relieve you of your obligation to register). However, the laws of the neighboring state may be totally different. On top of it, some U.S. district courts say that there's an independent FEDERAL obligation to register once state lines are crossed. The latter needs to be fought at the U.S. Court of Appeals level, as I believe SORNA only provides for an independent obligation to follow state laws, not to register.

Bill Barney said...

I have spent my own money fighting these laws in the state of NV. The message I have received from each failed attempt is that I am less of an American citizen and therefore have lost rights in this society granted to others. The new constitutional narrative is some men are created equal and are endowed with certain government granted privileges. I am done wasting my money and time. I am trying to work with in the law. If the Adam Walsh law becomes a federal mandate then I will be spending the rest of my days in prison. I would rather be Locked up as a patriot than be free as a monster.