Registry Mania expanding sex registries to other crimes Once Fallen

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"REGISTRY-MANIA: The Expansion of Sex Offender Registries To Other Undesirables"
Derek "The Fallen One" Logue
September 5, 2008

Introduction

Sex Offender registries have been public since Megan’s Law passed in 1996, and all 50 states maintain
these popular yet controversial registries. Since public registries have gained widespread cultural
acceptance and popularity (despite serious doubts to constitutionality and effectiveness), the concept is
expanding to other crimes, or in some cases, to people only suspected of crimes or “at risk” to commit
crimes. This is a very dangerous trend as we face the distinct possibility of being punished merely
because someone perceives you as a risk. Furthermore, by allowing the rights of one group of society to
be degraded, you open the door to the degradation of the rights of everyone. The ever-expanding
registry is a prime example of this erosion of rights.

Below is a list of registries—non-sex offenders on sex registries, registries for other crimes, even
registries for people merely suspected, but not convicted, of sex abuse.

Non-Sex Offenders on Sex Offender Registries

Illinois: The “Child Murderer and Violent Offender Against Youth Registration Act”
Illinois Public Act 094-0945 (2006) [Formerly HB 4193]
(http://www.ilga.gov/legislation/publicacts/94/PDF/094-0945.pdf)

The Illinois Government News Network’s press release on the new registry reads as follows:

Also now available through the Illinois State Police website is the Child Murderer and Violent Offender
Against Youth (CMVOY) registry, accessible at http://www.isp.state.il.us/cmvo. The CMVOY registry
contains individuals convicted of specific crimes in which the victim was a minor, but the crime was not
sexually motivated. The crimes – as defined by HB 4193, signed by Governor Blagojevich on June 27,
2006 – include kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, and
any attempt to commit any of these offenses when the victim is under 18 years of age and when the
defendant is not a parent of the victim. Other offenses include forcible detention, child abduction or
murder when the victim was a person under 18 years of age and the defendant was at least 17 years of
age.

Similar to the Sex Offender Information website, the CMVOY reflects individuals who have been
determined by the county state’s attorney to qualify under the provisions of the new statute. Until proper
verification and notification is received by law enforcement from the state’s attorney, these individuals will
remain on the Sex Offender Information website. All sex offenders who may be eligible for registration
under the Child Murderer Violent Offender Youth Act have been notified of the process he or she must
initiate to be transferred from the SOR to the Child Murderer and Violent Offender Against Youth registry.
These offenders must continue to register as sex offenders until the appropriate determination has been
made and information has been received by law enforcement.
(http://www.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=1&RecNum=5972)

Ohio’s “Civil Registry” Places people on Sex Offender Registries

Sexual Civil Child Abuse Registry (126th Legislative Session, Ohio SB 17)
http://www.ag.state.oh.us/citizen/sccar.asp

About SCCAR Web Application
SCCAR is a database that contains information regarding all registered persons whom a court has
entered a declaratory judgment under section 2721.21 of the Revised Code for assault or battery based
on childhood sexual abuse in the State of Ohio. The purpose of SCCAR is to provide one location for all
Ohioans to learn about civil registrants who live or work close to their home or their child's school.

About Senate Bill 17 (http://www.legislature.state.oh.us/BillText126/126_SB_17_EN_N.pdf)

Senate Bill 17 became effective on August 3, 2006. In part, Senate Bill 17 created a cause of action,
under section 2721.21 of the Revised Code, for a declaratory judgment in cases in which a victim of
childhood sexual abuse is barred from bringing an ordinary civil action by the expiration of the limitations
period; it created a registration and community notification program for persons who are found liable in a
declaratory judgment action for assault or battery based on childhood sexual abuse; it requires the
Attorney General to establish on the internet a civil registry of persons found liable in a declaratory
judgment action for assault or battery based on childhood sexual abuse; and it prohibits persons required
to register after being found liable in a declaratory judgment action for assault or battery based on
childhood sexual abuse from failing to register and from living within 1,000 feet of any school premises.

http://www.usatoday.com/news/nation/2006-10-05-sex-offender_x.htm
Sharon Coolidge, “Ohio law dodges statute of limitations for sex crimes.” USA Today, Oct. 5, 2006
CINCINNATI — People who have never been convicted of a sex offense still could end up on a public
registry in Ohio. A law that went into effect in August targets alleged sex offenders who can no longer face
charges or be sued because the time allowed for either action — the statute of limitations — has expired.
The new law allows prosecutors, the state's attorney general or alleged victims to seek to put a person on
the registry. Whoever makes the request must try to present enough evidence to convince a judge that
the crime was more likely than not to have occurred. If a judge, after hearing testimony and reviewing
evidence from both sides, determines that the abuse is likely to have taken place, then the alleged
offender must register with the Ohio Attorney General's Internet Civil Registry.

*Note: The burden of proof in civil cases is far lower than in criminal cases!

Violent Offender Registries (May at times be listed alongside sex offenders)

Indiana Sex and Violent Offender Registry (“Zachary’s Law”)
Indiana Code 11-8-8 (http://www.in.gov/legislative/ic/code/title11/ar8/ch8.html)
http://www.in.gov/idoc/reentry/2505.htm

See the “Indiana Sex and Violent Offender Registry Power Point Presentation

Includes sex crimes, murder, voluntary manslaughter, human trafficking, and criminal confinement;
includes conspiracy to commit these acts; also registers individuals as young as 14

Kansas Code 22 Article 49: Kansas Offender Registration Act
http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=12512

Includes Murder and Manslaughter

Montana Code Title 46, Ch. 23, Part 5
“Sexual or Violent Offender Registration Act”
http://data.opi.mt.gov/bills/mca_toc/46_23_5.htm

Included in Montana’s registry: Sex Offenders, Murder, Assaults (aggravated, against a cop, against a
minor, or with a weapon), robbery, arson, assault against partner/ family member (i.e., “domestic
violence”) on third conviction, and “operation of a clandestine laboratory” (i.e., meth making); includes
conspiracy to commit these offenses

Oklahoma—Mary Rippy Violent Crime Offenders Registration Act
Oklahoma Code 57-591 (http://law.justia.com/oklahoma/codes/os57.html)

Includes murderers; assaults with a deadly weapon, firearms, or with a vehicle; assault with intent to kill,
bombing; and conspiracy to commit those acts

Domestic Violence

Pennsylvania HB 1457 “Robin’s Law” (Pending)
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?
txtType=HTM&sessYr=2007&sessInd=0&billBody=H&billTyp=B&billNbr=1457&pn=1804

Note the language of the bill; Robin’s law would register “Domestic violence predators,” in which a person
would be deemed a predator if “suffering from a mental abnormality or personality disorder which makes
the individual likely to engage in predatory domestic violence offenses.” Sounds EXACTLY like the
Sexually Violent Predator statute!

Gun Offender Registry

Baltimore, MD Council Bill 07-0738
http://www.baltimorecity.gov/news/press/1007/100107%20Gun%20Offender%20Registry.pdf

Registration period only lasts three years

New York, NY Chapter 10-601 “Gun Offender Registration Act”
http://webdocs.nyccouncil.info/textfiles/Int%200362-2006.htm?CFID=1228753&CFTOKEN=27728083

Passed in 2003, bi-annual registration for four years

Meth Maker Registry

Illinois Meth Offender Registry (Public Act 094-0831)
http://www.isp.state.il.us/meth/

Minnesota Meth Offender Registry (Governor’s Executive Order 06-09, 2006)
https://cch.state.mn.us/morlanding.aspx

Tennessee (TCA 39-17-436)
http://www.tbi.state.tn.us/methwatch/tnmeth_registry.htm

Repeat Traffic Offenders

Michigan Repeat Offender Law (MCL 257.219)
https://services.sos.state.mi.us/RepeatOffender/Inquiry.aspx

This Web site allows dealers and others to verify if a vehicle purchaser can be denied registration under
Michigan's "Repeat Offender Law" (MCL 257.219). The law prohibits people whose driver’s license is
suspended or revoked from buying or transferring a license plate. It also prohibits the Department of
State from registering any vehicle owned, co-owned, leased, or co-leased by drivers subject to
registration denial.

DWI Offenders

New Mexico
http://dwiresourcecenter.org/datacenter/namenshame/shame.shtml

Child Abusers

Missouri Child Abuse Registry
http://newstribune.com/articles/2005/11/04/news_state/0110405030.txt

The list is private, yet had problems, including Due Process violations

Each state maintains some form of central child abuse registry for employment screening not available to
the public
http://www.dfps.state.tx.us/Child_Care/Other_Child_care_Information/abuse_registry.asp

The Adam Walsh Act Sec. 133 calls for a national child abuse registry!
http://www.oncefallen.com/AdamWalshAct.html

Even Dangerous Dogs!

(Sit, Boo Boo, Sit! No! Bad Dog! Go lay down!)

Sarasota Co., FL -- http://www.sarasotasheriff.org/D_Dogs_34223.asp
Seminole Co., FL -- http://www.seminolecountyfl.gov/dps/ansrvs/dangerousdogs.asp
Arlington, TX -- http://www.ci.arlington.tx.us/animals/pdf/DangerousDogs.pdf
Minneapolis, MN -- http://www.ci.minneapolis.mn.us/animal-control/DangerousDogs_List.asp

AIDS Registry Debate

In 2004, Maryland Comptroller William Donald Schaefer proposed an AIDS registry, noting how “risky
behavior” is the typical origin of the disease; the proposal sparked outrage and harsh criticism. It was met
with harsh criticism, of course, but in light of our view on sex offenders, an AIDS registry meets the same
basic argument regarding public safety. Some of Schaefer’s comments:

"Why shouldn't the taxpayers who are paying millions for AIDS treatment know the names of the
infected?"
"They don't get AIDS by standing in the wind."
"They bring it on themselves.”
“A person who gives AIDS, who spreads AIDS, they're bad people. Everybody wants to be on the
good side of everything. Well, I'm taking a stand." (http://www.aegis.com/news/wb/2004/WB041014.
html)

The criticisms against Schaefer were harsh:

"Let's put on the registry those who are known givers of AIDS, that's all," Schaefer said on the broadcast.
Schaefer said he had met with AIDS activists Thursday to restate his views.

Minutes after the show, a small group protesting outside the statehouse compared Schaefer's call for a
AIDS registry to Nazi laws that required Jews, homosexuals and others to wear identifying marks on their
clothing. The activists called for a boycott of tourism to Maryland and the purchase of Maryland products
until Schaefer resigns. "The people of Maryland should not let this harmful man represent the state," said
Craig Shireman of Laytonsville.

A week ago, Del. John Adams Hurson (D-Montgomery County), who chairs the House Health and
Government Operations Committee, asked Schaefer to resign. Schaefer's earlier call for an AIDS registry
was rebuffed by the Legislature a decade ago.

http://www.aegis.org/news/ads/2004/AD042178.html

A primary concern was people would refuse treatment if registries were mandatory.

http://www.aclu.org/privacy/medical/14948prs19971218.html

I just brought it up because the justifications are the same--

"They brought it upon themselves."
"Its a public safety issue"
"They are high risk"
"They're 'bad' people"

On the flip side--

"creating a climate of fear doesn't help"
"having a registry is counterproductive"
"it gives incentives for people not to register/ seek help"
And the comparisons to the Nazi laws and pink triangles

Sound familiar?

Towards a “Risk Alone” Society

In England, the Violent and Sex Offense Register (ViSOR) also includes those jailed over 1 year on
violent offenses and even un-convicted people thought to be at risk of offending (http://en.wikipedia.
org/wiki/Violent_and_Sex_Offender_Register).

We are ever closer to an era where we face the possibility of placing individuals on the registry based
upon risk alone, without a criminal case involved:

“Do these decisions mean that a state would be justified in compelling registration and disclosure of
individuals whose health status alone arguably created either current or future risk?” (Brian Kamoie et
al., “‘Megan’s Laws’ and the US Constitution; Implications for Public Health Policy and Practice. Public
Health Reports, July-Aug. 2003, Vol. 118.
http://www.pubmedcentral.nih.gov/picrender.fcgi?artid=1497568&blobtype=pdf)

So what is next? We have registries for almost every crime, a registry for people accused but not
convicted, and at least on registry for those who never offended in the first place but they MIGHT. So what’
s next? Maybe we’ll ultimately screen everyone with a battery of tests like the penile plethysmograph and
polygraphs as was proposed in 2007 (http://nomorevictimsact.blogspot.com/). Punishment based upon
risk alone is a very scary concept, especially given the common characteristics of sex offenders as listed
in actuarial tests for sex offenders. For example, if you are under age 25, single, if you’ve ever been
arrested for anything, if you’ve ever been depressed, or if you’ve ever abused drugs or alcohol at any
point in your life, you already have risk factors for sexual recidivism as noted by such actuarial tests as
the Static-99 and SORAG. If current trends continue, it is only a matter of time before we punish all
people on risk alone.

Addendum

Below are two links to Connecticut State Legislature. Notice how the same arguments to justify sex
offender registries have been used to justify creating more registries for other offenders;

http://www.cga.ct.gov/2006/rpt/2006-R-0071.htm -- Argument in support of registries
http://www.cga.ct.gov/2007/JFR/S/2007SB-00708-R00PS-JFR.htm -- Statements made supporting new
CT non-sex offender registry