MT- Despite ruling Marshals search unregistered sex offenders

The truth is that the Adam Walsh Act does permit the U.S. Marshal's service to work with local police to find those who do not register. Accordingly, should they find someone then they simply DO NOT charge them in federal court BUT then turn them over to state authorities for state prosecution. Generally, states have different punishment schemes than what is prescribed by AWA. Accordingly, the only provision of AWA that is no good (unconstitutional) is the provision which allows charging someone for FTR after crossing state lines in federal court.

6-18-2008 Montana:

Despite a ruling by a federal judge against a key provision of the national sex offender registration law, U.S. Marshals say they will continue to hunt down sex offenders who fail to register here in Montana.

Last Friday, U.S. District Judge Donald Molloy of Missoula ruled that Congress exceeded its authority when it created the Adam Walsh Act.

That law made it a federal crime for sex offenders to travel to another state and not re-register as a sex offender.

Chief Deputy US Marshal Rod Ostermiller calls the ruling an isolated decision and says Marshals will continue tracking down sex offenders even if it means prosecuting them in state courts.

"We're going to try to minimize any impact that it has on public safety. We're going to continue to investigate these crimes and hopefully it will have a minimal impact because we are not going to let up." said Ostermiller.

If the sex offenders get prosecuted in state courts rather than federal courts, Ostermiller says the end result will be lighter sentences and a higher cost to taxpayers here in Montana.

Over the last year, 20 people have been charged with failing to register here in Montana. ..News Source.. by KPAX-TV