Registry change hits resistance from Attorney General

1-14-2010 Idaho:

AG's criticism of tiered sex offender plan stuns committee

The committee of legislators proposing to change the sex offender registry were caught off guard by objections from Attorney General Marty Jackley on Wednesday, the second day of the session.

At issue are eight bills unanimously approved by the legislative committee that would change several aspects of sex offender registration laws. Jackley said he is on board with six of the eight, with his biggest concern being the proposed three-tier system. The committee's proposal has some areas that don't strengthen the sex offender registry, he said.

"We just need to figure out how to get there without having unintended consequences of weakening our sex offender registry," Jackley said.

The system would have three tiers and allow some to petition to be taken off the registry, while others would remain on it forever.

Jackley said he has an issue with the offenders allowed on the second tier, who can petition to be taken off after 25 years. He favors keeping them on Tier III, without the opportunity for removal.

Jackley is working on an amendment to be introduced to the Senate Judiciary Committee that would strike the tier language in Senate Bill 12 and instead allow the opportunity for removal of offenders convicted of misdemeanor indecent exposure cases and "Romeo and Juliet" sexual contact cases - which generally involve relationships between boyfriends and girlfriends.

Jackley has said there might be fairness issues for some instances of "Romeo and Juliet" cases, but not for those proposed for Tier II and "particularly in relation to violent crimes against children," he said.

"Why weren't these objections brought earlier? This is rather late," said Sen. Sandy Jerstad, D-Sioux Falls.

There have been four committee meetings since July, and the attorney general's office has been a part of those meetings.

Jackley started his job as attorney general Sept. 4. "Concerns throughout the process had been raised, and perhaps they were more general and had become more specific now that there is actual proposed language that we can work through what potential consequences those are," Jackley said.

Rep. Peggy Gibson of Huron said the committee spent a lot of time researching the issue.

"Lots of hours, lots of hours. And we thought the attorney general was on board with this," she said.

Gibson said Jackley appeared upset during the meeting.

"I think he's trying to make it a political issue, and it should be just a fair and equitable law issue to benefit the citizens of South Dakota," she said.

Jackley doesn't think he's being political.

"I may have been passionate on some of the things I said on behalf of victims," he said.

Toward the end of the 90-minute meeting, the committee unanimously agreed to maintain support of the three-tier system.

"The committee obviously didn't agree with the attorney general's office. We prefer the work we have already done," said Rep. Richard Engels, D-Hartford. ..Source.. Megan Luther