AR- Court: Failing to register as sex offender can’t be punished with restitution

7-2-2009 Arkansas:

LITTLE ROCK — Failing to comply with reporting requirements for sex offenders is not an offense that can be punished with an order of restitution, the state Court of Appeals ruled Wednesday.

The court reversed a Sebastian County circuit judge’s decision to revoke the suspended sentence of Keith Owens, who pleaded no contest in June 2001 to failing to comply with the Sex and Child Offender Registration Act. The circuit judge lacked jurisdiction to revoke the suspension, the appeals court ruled.

Owens was sentenced in 2001 to two years in prison, plus four years suspended. In April 2004, an agreed order was filed stating that Owens agreed to pay overdue child support as part of his suspended sentence and agreed to let the restitution office of the Sebastian County prosecuting attorney’s office collect the payments.

In September 2007, the state filed a petition to revoke Owens’ suspended sentence. Owens’ lawyer argued that the court lacked jurisdiction because Owens’ suspended sentence had expired in June 2007.

Prosecutors argued that the court had jurisdiction because Owens still owed a significant amount of back child support and was paying it as restitution. A circuit judge agreed and revoked Owens’ suspended sentence.

In its opinion Wednesday reversing the lower court, the Court of Appeals said the offense of which Owens was convicted could not be punished with an order to pay restitution.

Restitution is defined as the act of “making good or giving equivalent value” for “actual economic loss caused to a victim by the offense,” the court said.

“There is no particular victim associated with Owens’ offense of failing to comply with reporting requirements of the Sex and Child Offender Registration Act. … Therefore, there cannot be restitution associated with this offense,” Judge David Glover wrote in the opinion. ..Source.. by John Lyon, Arkansas News Bureau