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Portion of Illinois Sex Offender Law is Unconstitutional

Loaded on May 15, 2019 by Douglas Ankney published in Criminal Legal News June, 2019, page 17
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), Sex Offender Residence, Constitution, U.S.. Location: Illinois.

by Douglas Ankney

U.S. District Judge Virginia Kendall of Chicago ruled that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so poor they cannot find a home placement that complies with state requirements. 

Many sex offenders in Illinois complete their entire prison sentence “yet remain detained indefinitely” because they lack income and support to find a place to live that satisfies the Illinois Department of Corrections.

Parole agents examine potential home placements where sex offenders will reside. An excessive number of statutes and regulations apply. Sex offenders cannot live within a certain distance of schools, parks, and day-care centers. They may be barred from living near the place where they committed their crimes, such as a massage parlor or nail shop. They cannot live in the same apartment complex as another sex offender. They cannot live in a home where minors live or visit—a married offender cannot live with spouse or child. They can be barred from sites with pets, binoculars, cameras, video equipment, safes, gaming equipment, and devices that can access the Internet. And all of the halfway houses in Illinois reject sex offenders.

Judge Kendall said the state’s procedures discriminate against sex offenders who cannot afford to pay for a suitable place to live, a violation of the equal protection clause of the 14th Amendment. She said the scheme punishes sex offenders because they would be homeless after their release, a violation of the Eighth Amendment’s ban on cruel and unusual punishment. The judge will decide on a remedy after a hearing.

Adele Nicholas, a lawyer for the plaintiffs, told WEBZ that possible solutions include, “[M]aking available different forms of free housing that people who cannot afford a place to live could go to.” That would include homeless shelters or halfway houses people could live in or enter work release. 

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Source: abajournal.com

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  1. News in Brief
  2. Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
  3. Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
  4. Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
  5. The Many Pitfalls Associated With Police Lineups, by Edward Lyon
  6. Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
  7. If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
  8. Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
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  10. Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
  11. Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
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  13. Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
  14. Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
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  16. Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
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  19. Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
  20. Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
  21. Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
  22. Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
  23. Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
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  27. Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
  28. Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
  29. Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
  30. Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, by Punch & Jurists
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  37. Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment, by Douglas Ankney
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  42. Misconduct by prosecutors is rampant — how do we deter it?, by Mike Fawer
  43. Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award, by Edward Lyon
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