January 28, 2011

Higher sex offender registration fees may be unconstitutional.

I questioned this in my earlier post on this issue. Lets see if, behind closed doors, they decide it is not a wise thing to do.
1-28-2011 Louisiana:

LAKE CHARLES, LA. (KPLC) - No doubt many people would prefer there to be no sex offenders in their neighborhoods. Said Police Juror Hal McMillin, "We have no love lost for sex offenders in Calcasieu Parish. We want to make sure that if there's any opportunity we can drive them out by raising fees and we can do it as a parish and all the cities in general. I think it would be a good thing."

Yet the United States Constitution protects everyone, even sex offenders. And Calcasieu Police Jury Attorney Allen Smith says local ordinances drastically raising fees for sex offender registration may be unconstitutional under both the U.S. And state constitutions. "There are a lot of people who have a lot of constitutional questions about this. For example, if you're a sex offender under our law you have to register where you live, you live in Iowa, $60. But you work in Lake Charles, you have to register in Lake Charles, $600. So there's some serious problems about whether this particular ordinance they have would withstand constitutional scrutiny."

The issue surfaced locally when Lake Charles City Council decided to raise sex offender registration fees from $60 to $600. And then Calcasieu Police Jurors started getting worried sex offenders would flee the city for rural areas to avoid the higher fee. Smith explains the Police Jury and City of Lake Charles are not the same when it comes to making laws. "A parish police jury can enact any ordinance that it is specifically authorized to do by law. A home rule charter, however, is free to enact anything that they wish that is not prohibited by state law."

Smith says attorneys from the various jurisdictions and the district attorney will meet behind closed doors next Wednesday to have a round table discussion on the issues. ..Source.. Theresa Schmidt

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