ME- Vote on sex-offender registry delayed

5-8-2009 Maine:

AUGUSTA - The stalemate among Maine's three branches of government over the state's sex-offender registry continued Thursday as legislators postponed a vote on a bill aimed at satisfying judicial and executive branch concerns.

The Maine Supreme Judicial Court is questioning the constitutionality of a 2005 law that forces sex offenders convicted as far back as 1982 to register on the public database, even though it did not exist at the time of their offense.

Members of the previous Legislature passed a bill that would have addressed the judicial concerns, but Gov. John Baldacci declined to sign it, exercising a pocket-veto, because he thought it weakened the registry too much.

On Thursday, members of the Criminal Justice and Public Safety Committee briefly debated compromise language, offered by Attorney General Janet Mills, that would allow registrants convicted of a sex offense between 1982 and 1992 to petition for removal from the registry, similar to the bill that had reached the governor's desk before. But in order for an applicant to be successful, the registrant would additionally have to prove they had not been convicted of a subsequent felony.

It's the felony language that is making some lawmakers uncomfortable with the bill, while at the same time making it more likely to receive the governor's signature.

"A felony record speaks for a person's risk to society and they probably still ought to be a registrant," Mills told the committee Wednesday, when she first presented the amendment. "It's an objective risk factor that we could incorporate into this bill and satisfy some of the concerns that have been expressed privately and publicly."

That comment is interesting because it means that ANYONE with a felony (non sexual) after a prior felony should be on a public registry, not just sex offenders. Depending on the outcome of this issue, sex offenders may have a discrimination claim against the state. Look for future court actions!

Rep. Richard Sykes, R-Harrison, said he wasn't convinced a felony conviction that has nothing to do with a sex offense, should come into play.

"I'm not sure where I stand on that; any felony would keep them from a successful petition," he said Thursday.

Other members shared his concerns, including Rep. Mike Lajoie, D-Lewiston.

"If it has nothing to do with a sexual aspect, aren't we punishing the individual for something other than what he actually did?" he asked.

Mills said including the felony provision is a fair way to help determine how dangerous a former sex offender is.


"Look, it's a little bit arbitrary, I don't disagree," she said Thursday. "We're drawing a line because we want to draw a line somewhere and we want it to have something to do with risk to society. I don't pretend to say that it is directly related in terms of risk as a sex offender. And it's a bit of a compromise, to be honest with you. I think it satisfies a lot of the concerns I've heard about in the last few weeks."

Mills said the most important thing is for the three branches to come together with a workable solution in as timely a manner as possible.

"I want to be able to enforce this law, appropriately and strongly," she said. "I mean, right now, the (district attorneys) are a little bit on hold and we know what's going on in the courts. Let's move things along and implement the legislative policy that you guys have been working so long on."

Alysia Melnick of the Maine Civil Liberties Union said her group has strong concerns regarding Mills' proposed felony language for sex offenders trying to remove themselves from the registry, and maintains that it's unconstitutional to require sex offenders to retroactively be included in the registry.

The committee will schedule another work session for the bill soon. ..News Source.. by Rebekah Metzler , Staff Writer