Most registrants must now register for life with only a small minority eligible to be relieved from that burden after 20 or 30 years. The subsequent changes by the Legislature have removed these limits and controls.
PRE SORNA SVP FREE
Based on these controls and moderating provisions, the Second Circuit concluded that SORA was non-punitive, although even then noting that “the question is not free from doubt.” Doe v. Dissemination of a registrant’s “sex offender” status and personal information was restricted to the police, to entities with populations whose vulnerability related to the nature of the sex offense and to individuals who identified themselves and stated a legitimate purpose. These so-called “sexually violent predators” (SVP) had to register quarterly in person for a minimum of 10 years unless they could show that they no longer suffered from this mental abnormality.Īll registrants could petition at any time for relief from the duty to register.
PRE SORNA SVP REGISTRATION
Registration was limited to 10 years by mail for all registrants except for persons found to have a mental abnormality that made them likely to sexually assault strangers. When New York enacted SORA in 1995, the restrictions it imposed on persons who had already served their sentences were arguably limited enough in scope and duration to pass muster as regulatory, non-punitive measures.
The Legislative Changes to SORA over the Last 15 Years Have Changed What Was Arguably Regulatory into a Punitive Statute. A lifetime legal status as a “sex offender,” based on a past crime, that can never be eradicated no matter what the person does for the rest of his life – this is a punishment that must be based on facts found beyond a reasonable doubt. The only hope is to show that SORA is punishment. In this climate of regressing standards of decency, neither science nor empirical fact will slow the juggernaut. However sophisticated they may be when it comes to accident reconstruction or insider trading, it’s strictly crackerbarrel wisdom and moral indignation when it comes to adjudication under SORA.
Nor is there any empirical support for the assumption that the moral seriousness of the offense is identical to the risk of reoffense.Ĭourts do not care about any of this. It hardly needs a scientist to show that most “sex offenders” do not fit the stereotype of the murderous child molester. The scientific consensus is that the risk of sexually reoffending varies greatly among different types of offenses. Bureau of Justice statistics show that sex offenders do not reoffend at a higher rate than other offenders – in fact, their recidivism rates are lower. SORA highlights the pre-scientific mentality of the criminal justice system. But even assuming arguendo some causal connection, “protecting public safety” under SORA is nothing but the deterrence and incapacitation of “offenders.” It is identical to the stated purpose of the NY Penal Law. In the 15 years since SORA went into effect, it has never been shown to promote public safety. It is a moral condemnation, which is the essence of punishment and precisely what distinguishes punishment from regulation. Publicly labeling a human being as a “sex offender” for the sole purpose of warning the community that he or she should be shunned and monitored is a denunciation. It’s strictly regulatory, like labeling a poison and putting it on the FDA registry for the safety of the public. How is this possible? Because, we are told, SORA is not punishment. Indelible, lifetime deprivations of liberty are made in 5-minute hearings where the defendant has fewer rights than an insurance company contesting a payout. Statements that he or she has never had the opportunity to cross-examine may be considered “clear and convincing evidence” of their truth. His or her risk level may be assessed based on charges that were dismissed as part of the negotiated plea. A person pleading guilty to a SORA-eligible offense need not be told that this additional sanction will be imposed. It is applied retroactively to people whose offenses were committed before its enactment. New York’s Sex Offender Registration Act (SORA) imposes a lifetime of police supervision on tens of thousands of persons who have already served their sentences.