This case keeps popping up, a "suspended sentence," is that like a "not guilty" in Missouri? Anywhere else a "suspended sentence" could have multiple reasons but I've never known it to include "not guilty - acquitted." If anyone has a better explanation I'm all ears..1-11-2010 Missouri:
OK Chance: Yes in some other states they have special programs like you described SES (Michigan its HYTA) and often, even though these programs are supposed to be kept private and not available to the public, these folks have still been placed on the public registry which actually defeats the intent of the program. I'm going to do more research on this....Thanks
(Jefferson City, MO) -- A judge in Missouri rules a federal sex offender registration requirement doesn't apply to a person who received a suspended sentence.
A Cole County Circuit judge made the ruling Friday.
The Associated Press reports it's just one in a series of decisions made to clarify who must follow laws mandating sex offenders to give their addresses to authorities.
The person in this case recieved a suspended sentence after pleading guilty to a sexual abuse charge.
The judge ruled the person does not have to abide by the federal registration law because it applies to convicted sex offenders. ..Source.. OzarksFirst.com
3 comments:
I think the judge is referring specifically to a SES (Suspended Execution of Sentence). I'm not sure how it occurs elsewhere, but in MO a SES is not considered a conviction since there is no sentence, as opposed to a SIS (Suspended Imposition of Sentence) where a conviction and sentence has actually been handed down but not implemented unless certain stipulations aren't met.
With a SES, there is no public record of the crime after probation and / or other stipulations have been met and only an arrest record. This had been a loop hole for the state in that you could conceivably complete your probation, have no record, and yet still appear on the SOR. This, of course, completely defeats the entire purpose of an SES by making public information the court had previously ordered removed.
It's something you may want to look into, but this was how I understood it to work.
Actually in Missouri there are 2 types of suspended sentences. the most common is called SES or suspended execution of sentence. which means conviction but suspension of execution of the sentence imposed on the convict as long as the court imposed provisions are met the convict does not have to serve the sentence but the conviction stands. the other is a SIS or suspended imposition sentence the difference is that upon completion of the court imposed requirements the sentence is not imposed thus according to what my lawyer told me, the conviction is set aside. The thing i find strange is that in order to get an SIS you have to plead guilty. thus meeting the requirements of Missouri law that says if you plead guilty you must register. Is this not the same as SORNA?
Anonymous, You are correct in that I had them backwards: No sentencing or public record for an SIS and a sentence not imposed but with a conviction record for an SES.
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