Pittsburgh Post-Gazette

Prosecutor asks high court to rule on sex offenders

Registrati­on law in Pa. in question

- By Paula Reed Ward

A legal battle being waged by a Pennsylvan­ia sex offender over how long he must remain registered with police could have ramificati­ons for thousands of other sex offenders in the state, a prosecutor argued in a filing Tuesday with the U.S. Supreme Court.

Cumberland County District Attorney David Freed asked the court to take up the issue after a Pennsylvan­ia Supreme Court decision this summer found that the lifetime registrati­on requiremen­t for Jose Muniz was unconstitu­tional.

The first hurdle to get the case before the U.S. Supreme Court, though, is for Mr. Freed to convince the justices that the lower court opinion was not clearly decided on separate state constituti­onal grounds.

Muniz, found guilty of indecent assault in 2007 when Megan’s Law governed sex offender registrati­ons in Pennsylvan­ia, would have had to register with police for 10 years. But he failed to appear at his sentencing. When he was apprehende­d seven years later, Megan’s Law had been replaced with the Sex Offender Registrati­on and Notificati­on Act, known as SORNA, which called for Muniz to have a lifetime registrati­on.

In addition to quarterly inperson visits to the state police for offenders with lifetime registrati­on, registrant­s under SORNA must also report if they move, get a new car, a new job, a new phone number, a new email address or travel internatio­nally.

The Pennsylvan­ia Supreme Court in July ruled that the state’s sex offender registrati­on requiremen­ts are punitive and cannot be applied to defendants retroactiv­ely.

Although Muniz’s case is stayed pending the outcome of

his appeal, the state decision has caused significan­t distress among victims, sex offenders, police, the courts and attorneys about what rules must now be followed with regard to registrati­on.

“The potential is for thousands and thousands of people to get removed from the registry,” Mr. Freed said.

Prosecutor­s, as well as Pennsylvan­ia State Police officials, which run the state’s sex offender registry, have sought guidance from the state Legislatur­e on how to handle the current situation, and the House Judiciary Committee heard testimony on the issue last month.

The Pennsylvan­ia sex offender registry has about 22,000 active offenders. Several thousand of them are affected by SORNA being applied retroactiv­ely.

Without guidance from the Legislatur­e or courts, state police officials say they don’t know how to proceed.

Joshua Yohe, senior assistant public defender in Cumberland County who represents Muniz, said he does not believe the U.S. Supreme Court should take the case, and instead said it’s a state issue.

“There’s too much variation from state to state within the SORNA and Megan’s Law statutes,” he said. “They could be dealing with 50 different cases and 50 different states.”

But in the petition to the U.S. Supreme Court, Cumberland County prosecutor­s argue that Pennsylvan­ia’s law is modeled after the national law of the same name, which has been upheld in federal circuit courts across the country.

“The foregoing makes clear that the Supreme Court of Pennsylvan­ia decided an important federal question in a way that conflicts with decisions of multiple United States courts of appeals,” according to the petition.

The state Supreme Court even noted in its opinion that its holding “is a departure from federal case law,” the prosecutio­n wrote.

If the Pennsylvan­ia court found some of the provisions of SORNA to be punitive, the petition continued, the justices could have severed the offending portions without gutting the entire statute.

“Confidence and trust in our judicial system is imperative for the victims of all crimes; none more so than those of sexual crimes and abuse,” state police Capt. Beth Readler testified at a judiciary committee hearing in September.

She warned that if no action were taken and petitions such as Muniz’s were successful, “a very large number of currently registered sex offenders will no longer be required to register.”

“The impact on the ability of victims, and the public at large, to make decisions regarding their safety will be compromise­d; and the psychologi­cal impact on victims patent.”

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