Court nixes South Carolina’s lifelong sex offender registry
Legal Events
South Carolina’s Supreme Court ruled on Wednesday that a state law requiring sex offenders to register for life, without prior judicial review, is unconstitutional.
In a unanimous ruling, justices wrote that “requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly’s stated purpose of protecting the public from those with a high risk of re-offending.”
Justices set a 12-month timeline to implement the ruling, to give state lawmakers time to “correct the deficiency in the statute regarding judicial review.”
The case stems from a lawsuit originally brought by Dennis Powell, who was arrested in 2008 for criminal solicitation of a minor after authorities said he had graphic online conversations with someone he thought was a 12-year-old girl, but who was actually an undercover officer.
After pleading guilty, Powell was sentenced to two years in prison and ordered to register as a sex offender, which South Carolina’s statute mandates as a lifelong situation.
South Carolina’s sex offender statute requires biannual registration, in-person at a sheriff’s office, but provides for no periodic review by a judge, a situation the Supreme Court called “the most stringent in the country.”
“The lifetime inclusion of individuals who have a low risk of re-offending renders the registry over-inclusive and dilutes its utility by creating an ever-growing list of registrants that is less effective at protecting the public and meeting the needs of law enforcement,” justices wrote. “There is no evidence in the record that current statistics indicate all sex offenders generally pose a high risk of re-offending.”
The court ruled that Powell should be immediately removed from the state’s sex offender registry. Powell had also challenged a portion of the statute that permits the registry to be published online, which the court upheld.
Attorneys for both Powell and the State Law Enforcement Division did not immediately return text messages seeking comment on the ruling.
Related listings
-
Appeals court upholds guilty verdicts in NCAA bribes case
Legal Events 06/04/2021The convictions of a sports business manager and an amateur basketball coach in a conspiracy to bribe top college coaches to get them to steer NBA-bound athletes to favored handlers were upheld Friday by an appeals court. The ruling by the 2nd U.S. C...
-
Supreme Court ruling gives immigrant facing deportation hope
Legal Events 06/01/2021A Guatemalan man who lived in a Massachusetts church for more than three years to avoid deportation said Tuesday he’s hopeful a recent U.S. Supreme Court decision boosts his efforts to remain in the country. Lucio Perez’s lawyer, Glenn Fo...
-
Husband of high court candidate begins prison sentence
Legal Events 04/06/2021The husband of a Pennsylvania appellate court judge who is running for the state’s highest court began serving a prison sentence Tuesday in a long-running case, authorities said.Charles McCullough’s incarceration comes as voters decide wh...
New York Adoption, Foster Care Litigation and Family Law
Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.
We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.
Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.