RI- Update: Camp Runamuck leader held without bail

This "Failure to Register" case presents some very interesting -and unusual- circumstances: 1) The man had FINISHED his term of registration in Massachusetts before moving to Rhode Island; 2) He moves to RI as a homeless person. It is not illogical for this man to beleieve he DOES NOT have to register based on those facts. So, the question becomes, how does RI sex offender registration law handle DUE PROCESS? i.e., notify him of any duty to register.

The U.S. Supreme court in a SO register case (Lambert -v- California) held, that somehow, a local jurisdiction must notify a person of the duty to register BEFORE arresting him for FAILING to comply with the local law.

Note: There appears to be a problem in the RI Sex Offender Registraion law, while I agree the law seems to require him to register, but, there is nothing in the law notifying him of that duty (remember he has special circumstances).

Given there are those who will contest my interpretation, think of this, if the legislature made a law requring ALL folks to get State IDs, and only stood on the steps pf the legislature and screamed out the law to anyone that was listening, could they then arrest anyone who HAD NOT HEARD that NOTICE? Does that answer the issue!

Never forget, the circumstances of a case determine whether or not this U.S. Sup court case would apply. Lets see how the court handles this case...hopefully the lawyer will present this U.S. Sup court case. Sex offender laws are not common sense laws. i.e., thou shall not murder, or beat up thy neighbor etc. (IT is also true most SO laws make no sense, but thats another issue)

8-5-2009 Rhode Island:

PROVIDENCE, R.I. -- A District Court judge Wednesday sent ____, the leader of an East Providence homeless group, back to jail for violating the terms of his bail.

____, 55, was arrested Friday for failing to register as a level-3 sex offender. A supporter paid his bail on Saturday.

But when ____ failed to notify police of his address or his status as a sex offender, Providence Police arrested him again on Tuesday. "He did not go to the police" the day he left prison or the following Sunday or Monday, said Assistant Attorney General Bethany Macktaz.

When asked by Judge Magistrate Joseph P. Ippolito, Jr. where ____ is staying, Macktaz said, "We don't know where he is living now."

Ippolito ordered ____ to be held without bail at the Adult Correctional Institutions until an Aug. 12 court appearance.

____ was convicted of several sex crimes more than 20 years ago in Massachusetts. His lawyer, Arthur Parise, said he believes _____ is not required to register in Rhode Island. But Macktaz argued that the state law is clear, and that _____ must register with a local police department.

Megan Smith, a spokeswoman for Camp Runamuck, the group living under a bridge in East Providence, said the homeless community supports _____ and is hoping for a "quick and favorable resolution." ..Source.. by Paul Davis, Journal Staff Writer