The Oklahoma Municipal League recently filed an Amicus Brief in a case brought against the City of El Reno related to the right of a municipality to enforce the provision of the Sex Offenders Registration Act.
A suit was brought against the City of El Reno for applying a retroactive application of the Sex Offenders Registration Act. Because the offender was sentenced prior to current changes to the Act, they are not required to follow current law. The offender is being allowed to relocate their residence to a location that would be prohibited if they were convicted today.
“Municipalities have a duty to protect their citizens, especially the most vulnerable among us,” said Mike Fina, Executive Director of the Oklahoma Municipal League. “Our Law Enforcement Officers know the dangers presented to their communities, and there should be one set of rules to follow to keep habitual and aggravated offenders away from daycares, parks and schools.”
The rules to the SORA change depending on when the offender was sentenced. OML’s position is that all offenders should be required to comply with the current setback rules at the time of their relocation for all prospective residency decisions.
Unfortunately, this is not an isolated incident. There are other communities across Oklahoma that are also facing the same issue of sex offenders being allowed to live in areas that are close to day care facilities, parks, and schools.
This Legislative Session, OML will pursue legislation on behalf of municipalities that will require that the Sex Offender Registration laws be standardized, regardless of conviction date, based on the “level” of the offender.
Ponca City has also dealt with an issue of an aggravated and habitual offender who has no restriction on where they can live because the conviction was in 2001.
Chief Don Bohon of the Ponca City Police Department states “At the heart of our mission is a pledge to protect our citizens. Protecting the most vulnerable, is the keystone of that pledge. This issue is so important because a predator is no less a threat to our children and our communities because they were convicted 25 years ago, than because of a conviction 10 years ago.”
Senator Bill Coleman (R-Ponca City) will author the legislation. “It’s most disturbing that because of a legal loophole, a person who is a convicted and a registered sex offender can live next door to a day care, a school, or a park where children play, even if they are sentenced to offender registration for life,” said Coleman. “We have to fix this as a State.”
Our great, wonderful United States Constitution reads as follows: Article I, Section 10, Clause 1:
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Enforcing a punitive law against someone, regardless of how odious they or their crimes were, for an act that took place before the law was passed is an ex post facto law and is therefore unconstitutional, which is why the Oklahoma Legislature did not make the provisions of the law retroactive. So El Reno thinks it knows better than the Legislature or the U.S. Constitution?
Here is my question to those in El Reno trying this: Is your hate for this man greater than your love for the United States Constitution? It sure does look that way.
BRAVO!! Thank you for the sanity and expression of the law; and the true spirit of America. The notion of constant “shifting sands” under the feet of a particular group creates instability and real risk. And it is unconstitutional, as you have aptly pointed out.
Not everyone convicted for a sex crime has a victim. Recidivism studies and statistics compiled by law enforcement agencies show that the rate of Recidivism decreases with time and that most of the restrictions placed on offenders does little to prevent sex crimes. Most sex crimes are committed by people not on the registry and by people who know the victim. It’s possible that if this law changes, it still can’t be applied to those already registered because it violates the US Constitution for ex post facto.
Isn’t it funny how the states that do not have the registrant residence restrictions proposed by Senator Coleman don’t have the issues that he is supposedly so concerned with? In those states, when sex offenses occur at schools, it’s always by a staff member, not the registrant across the street. When they occur at churches, it’s always by a clergy member, not the registrant around the corner. At parks, always by someone from out of town, not the registrant that resides 995 feet down the road.
Perhaps in committee, Senator Coleman could provide something besides unverified anecdotes to show his proposal’s purported need. Or something showing the effectiveness of such policy in other jurisdictions. Or how he intends to address the ex post facto lawsuits that will surely follow.
Police have no constitutional duty to protect us the one thing that should be protecting is the Constitution and the citizenry from unconstitutional laws they’ve lost their place lost their minds and yes someone convicted 25 years ago poses the same threat as someone that’s never been convicted according to most studies the term predator the term sex offender are over broadly used. Ex post facto is not a legal loophole the Constitution the registry is unconstitutional. And soon it will be ruled unconstitutional it’s in its entirety it is insane to think it’s constitutional to tell an American where or where he cannot live
Oh I forgot to add the Starkey ruling was in the right direction but it actually missed it you are only eligible for punishment for what the law was at the time the crime was committed not the date of conviction that is ex post facto you may be willing to take a risk when you rob a bank if the punishment is 5 years at the time of you committing the crime but if they change the legislation after you committed the crime you cannot be sentenced under the new lifetime punishment