The Latest: Homeless Sex Offender Convictions Face Review10-13-17 Arizona:
Registered sex offenders who become homeless can’t be jailed for failing to immediately report their new address to law enforcement, the Arizona Supreme Court ruled Friday.
The justices acknowledged state law spells out that anyone who is required to register as a sex offender must inform the sheriff of a new address within 72 hours of moving. But Justice Clint Bolick, writing for the unanimous court, said he and his colleagues read that to apply when there is actually a new address to report.
In this case, Bolick said that Lynn L. Burbey, after being discharged from a halfway house, was living on the streets in Tucson near the intersection of Speedway and Alvernon Boulevard. And with no actual address, Bolick said Burbey violated no laws and his conviction of failure to register – and the seven-year prison term imposed – must be overturned.
Robb Holmes, an assistant Pima County legal defender, said that means Burbey, incarcerated since 2014, will be released from prison. ..Continued..
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