Michael Kohlhaas dot org
Ruling casts doubt on the constitutionality of registration for thousands of Idahoans.
BOISE – Today the federal district court for Idaho allowed Does v. Labrador , a lawsuit challenging the retroactive application of Idaho’s Sexual Offenders Registration Notification and Community Right-to-Know Act (SORA), to proceed. The ruling, issued by federal Judge David Nye, questioned whether Idaho’s sex offender registration scheme has become so onerous that it amounts to punishment. The ex post facto clause of the constitution prohibits retroactive punishment for crimes.
“Today’s ruling recognizes that the state cannot change the terms of the punishment for a crime years after that person has been sentenced,” said Matthew Strugar, attorney for the challengers. “Year after year, the Idaho legislature has ratcheted up the restrictions and extended the duration of sex offender registration. Today’s ruling is in line with other recent court orders finding that such increased restrictions amount to punishment, including a Montana Supreme Court decision earlier this month.”
Michael Kohlhaas dot org