He said that in March, he tried to move within Jefferson County without notifying the proper authorities about his change of address. In fact, the facility's only real qualification to fill this role is that its location meets the residency restrictions. Offenders designated as level two and three are on the registry for life. As a result, he or she is not required to be registered in New York State. The legislature further finds that law enforcement agencies' efforts to protect their communities, conduct investigations and quickly apprehend sex offenders are impaired by the lack of information about sex offenders who live within their jurisdiction and that the lack of information shared with the public may result in the failure of the criminal justice system to identify, investigate, apprehend and prosecute sex offenders. Thus, the conduct with which Defendant was charged, and to which he pled guilty in Connecticut, occurred in Connecticut, where Defendant then resided, over seven months prior to any of the events in New York underlying this prosecution. The Act's preamble contains the following statement of the Legislature's finding and intent.
Convicted sex offender Neil Rodreick poses as a year-old boy at four schools in Arizona. Thus, the conduct with which Defendant was charged, and to which he pled guilty in Connecticut, occurred in Connecticut, where Defendant then resided, over seven months prior to any of the events in New York underlying this prosecution. His youthful offender status is pending, and sentencing is scheduled for June The Court notes that while there has been extensive litigation addressing the question of whether Sex Offender Registration Acts themselves violate the prohibition against Double Jeopardy, as discussed infra, none have addressed the issue presented herein. March 13, Charles J. However, according to the New York Times, the results often have the opposite effect, to the detriment of everyone in society. The United States Court of Appeals for the Second Circuit has held that while Blockburger is normally applied by examining the facts required to be proved for conviction under the statutes defining the offenses, in circumstances where one of the statutes covers a broad range of conduct, it is appropriate under Blockburger to examine the allegations of the indictment rather than only the terms of the statute. In other court action: Under the Connecticut statute to which Defendant pled guilty, CGS , any person who has been convicted of a sex offense and resides in Connecticut on and after October 1, must register with the Commissioner of Public Safety without undue delay. On January 6, , Defendant was arraigned in New York on the current charges. SORA is a Regulatory Statute SORA's system of registration and notification was intended to protect communities by notifying them of the presence of individuals who may present a danger and enhancing the ability of law enforcement authorities to fight sex crimes. As a result, he or she is not required to be registered in New York State. Because every person on the sex offender registry has to abide by the same rules, regardless of the nature of the offense, a person guilty of a misdemeanor who spent a short time in prison is likely to be treated with the same disrespect that a violent offender encounters in the community. If I learn that an offender is living in my neighborhood, what do I do to protect my children? When responding to issues raised by other commenters, do not engage in personal attacks or name-calling. Registration will provide law enforcement with additional information critical to preventing sexual victimization and to resolving incidents involving sexual abuse and exploitation promptly. Can New York State offenders move to other states or countries? Defendant's alleged failure to register does not have an effect only upon a particular individual such as an assault victim , but rather on the community as a whole, because the failure to register impedes notification to the community of sex offenders living in that community and impinges on the ability of law enforcement authorities to fight sex crimes. Community notification promotes a state interest in advancing the protection of the public. He was able to keep up the ruse for four months in the one town, Surprise. If an individual has been found guilty of certain crimes, he or she will not be hired for certain jobs see, Correction Law section The legislature finds that the danger of recidivism posed by sex offenders, especially those sexually violent offenders who commit predatory acts characterized by repetitive and compulsive behavior, [sic] and that the protection of the public from these offenders is of paramount concern or interest to government. Moreover, the Connecticut and New York registration requirements serve different purposes. In one of the most alarming cases cited by the research, year-old convicted sex offender Neil Rodreick enrolled in charter schools in Arizona posing as a year-old boy in See Bill Jacket for L. As Assemblyman Daniel L.
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