Facing the Compliance Deadline for the Adam Walsh Child Protection and Safety Act, States Are Weighing All the Costs Liz Winiarski

Public Interest Law Reporter Volume 14 Article 13 Issue 2 Spring 2009

2009 Facing the Compliance Deadline for the Adam Walsh Child Protection and Safety Act, States are Weighing All the Costs Liz Winiarski

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Recommended Citation Liz Winiarski, Facing the Compliance Deadline for the Adam Walsh Child Protection and Safety Act, States are Weighing All the Costs, 14 Pub. Interest L. Rptr. 192 (2009). Available at: http://lawecommons.luc.edu/pilr/vol14/iss2/13

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For more information, please contact [email protected]. 26794 lpr_14-2 Sheet No. 39 Side B 06/29/2009 13:47:06 1 INIARSKI Toole even- Toole 27-MAY-09 11:20 W 5 IZ L by Seq: 1 Seq: The police determined Walsh had been The police determined Walsh 2 unknown Walsh’s severed head was found two weeks later in a head was found two weeks severed Walsh’s 1 Two years later, serial killer Ottis Toole confessed to the Toole Ottis later, serial killer years Two 3 FACING THE COMPLIANCE FACING Winiarski: Facing the Compliance Deadline for the Adam Walsh Child Protectio Child Walsh Adam for the Deadline Compliance the Facing Winiarski: DEADLINE FOR THE ADAM FOR THE DEADLINE As Toole later recanted and was never tried in court and was never because of a lack later recanted As Toole WEIGHING ALL THE COSTS WEIGHING ALL 4 WALSH CHILD PROTECTION CHILD WALSH n 1981, 6-year-old Adam Walsh was abducted from a Florida mall, never to never mall, a Florida was abducted from Walsh Adam n 1981, 6-year-old again. from be heard AND SAFETY ACT, STATES ARE STATES AND SAFETY ACT, tually died in 1996 of liver failure while serving failure tually died in 1996 of liver time in a maximum security of physical evidence, Walsh’s parents struggled to receive closure. struggled parents to receive of physical evidence, Walsh’s canal over one hundred miles away. one hundred canal over abused and tortured. crime. I 192 Loyola Public Interest Law Reporter Law Interest Public Loyola \\server05\productn\L\LPR\14-2\LPR212.txt Published by LAW eCommons, 2009 26794 lpr_14-2 Sheet No. 39 Side B 06/29/2009 13:47:06 B 06/29/2009 39 Side Sheet No. lpr_14-2 26794 26794 lpr_14-2 Sheet No. 40 Side A 06/29/2009 13:47:06 2 8 193 16 Con- 17 CT A 27-MAY-09 11:20 HALLENGES C No. 2 • Spring 2 • No. 2009 The stated purpose of The stated purpose 9 OSTS OF THE Seq: 2 Seq: C However, in December 2008, in December However, Hollywood police chief Chad- Hollywood 7 6 ONSTITUTIONAL State failure to “substantially com- failure State INANCIAL : C 11 : F unknown TATES S The estimated cost of implementing the Act The estimated cost of implementing OCKETS 13 Thus, Illinois stands to save a significant chunk of stands to save Thus, Illinois P To meet good standing eligibility, the sex offender To 18 15 AXPAYER Public Interest Law Reporter, Vol. 14, Iss. 2 [2009], Art. 13 2 [2009], 14, Iss. Vol. Law Reporter, Interest Public In contrast, by losing 10 percent of the Byrne grants, the of the Byrne losing 10 percent contrast, by In T URDENS ON THE 14 B The Act mandates state conformity with various aspects of its na- aspects with various mandates state conformity The Act CT 10 However, some states have refused to activate portions of the Act and portions to activate of the Act refused some states have However, A 12 EACHING INTO DDITIONAL the Act is to protect the public, in particular children, from violent sex offend- violent sex from the public, in particular children, is to protect the Act of sex for the registration system comprehensive implementing a more ers by offenders. versely, Illinois currently allows for juveniles in good standing to petition for for juveniles allows currently Illinois versely, registry. the from removal wick Wagner announced at a press conference that “if Ottis Toole was alive Toole Ottis that “if conference at a press announced wick Wagner Walsh.” Adam of and murder for the abduction would be arrested today, he the Hollywood, Florida Police Department officially announced that Toole was that Toole officially announced Department Police Florida the Hollywood, closed. and the case was killer, in fact Walsh’s takes into account court and administrative costs, law enforcement costs and costs, law enforcement takes into account court and administrative new personnel. money by cherrymoney by the parts it chooses to comply with. picking of the Act state loses only $850,100. tional sex offender registration system. registration tional sex offender ply” with the provisions of the Act results in a 10 percent reduction of funding reduction in a 10 percent results of the Act ply” with the provisions of 1968 (Byrne Act Street and Safe Control Crime under the Omnibus grant). other states that are in compliance have already encountered a wave of litiga- a wave encountered already in compliance have other states that are tion. weighing carefully 2009, states are a compliance deadline of July With and cons of complying with the Act. the pros R Come July, Illinois will most likely be out of compliance with the Act because will most likely be out of compliance with the Act Illinois Come July, to some of its provisions.it only adheres stipulates that once a sex The Act with the state, his or her status is permanent. offender is registered An important consideration states are making is the financial cost of imple- An important states are consideration menting the Act. calcu- Institute Policy D.C.-based Justice The Washington the requirements Act’s $20,846,306 to fulfill the lated that it will cost Illinois of implementation. first year A prison in Florida for a separate arson-murder. a separate for in Florida prison Adam passed the controversial Representatives of 25, 2006, the House July On of 2006 (Act). Act Safety and Child Protection Walsh \\server05\productn\L\LPR\14-2\LPR212.txt TO THE http://lawecommons.luc.edu/pilr/vol14/iss2/13 26794 lpr_14-2 Sheet No. 40 Side A 06/29/2009 13:47:06 A 06/29/2009 40 Side Sheet No. lpr_14-2 26794 26794 lpr_14-2 Sheet No. 40 Side B 06/29/2009 13:47:06 3 As a 23 27-MAY-09 11:20 30 Further, he is not allowed Further, Seq: 3 Seq: 24 Shauna Boliker, of the Cook Shauna 19 According to the Act, individuals to the Act, According 26 After engaging in a consensual sexual After engaging in the court upheld the lower court’sthe court deci- lower upheld the 22 The implications of this are illustrated in The implications of this are unknown 27 Ricky thought they were both 16. However, both were Ricky thought they 21 25 an Illinois Appellate Court rigid classi- Appellate case in which the Act’s an Illinois He was merely convicted of stealing a van occupied by two chil- occupied by convicted of stealing a van was merely He 28 20 Winiarski: Facing the Compliance Deadline for the Adam Walsh Child Protectio Child Walsh Adam for the Deadline Compliance the Facing Winiarski: After weighing the evidence, Presiding Judge Cohen determined that Judge the evidence, Presiding After weighing 29 registered sex offender, Ricky has been kicked out of high school, harassed by Ricky has been kicked out of sex offender, registered to get a job. strangers and neighbors, and is unable County Office of the State’s Attorney and Head of the Sex Crimes Unit, ac- Unit, Crimes of the Sex Head and Attorney of the State’s County Office should be “some and that there of law tough area that this is a knowledges the adult from class as a different look at juveniles need to but we uniformity offender.” People v. Fuller, v. Fuller, People fication system was upheld. Fuller, In sion requiring a defendant to register as a sex offender although no claims of as a sex offender although no claims a defendant to register sion requiring made against the were contact with the children sexual misconduct or even defendant. Amanda had lied and was actually 13. Amanda had lied and to cross state lines without telling a parole officer, even for trivial matters such officer, even state lines without telling a parole to cross as going to the mall. convicted of kidnapping or false imprisonment of a minor without a sexual convicted of kidnapping or false imprisonment must also register. element present dren. relationship, Ricky was convicted of statutory Ricky was convicted of relationship, rape because the law classified to the act. who was legally unable to consent Amanda as a minor Illinois is not alone in its recent flood of litigation over the Act. Other states Other the Act. flood of litigation over is not alone in its recent Illinois also experiencing a rise in their court costs as offenders are and administrative started classification system have challenging the constitutionality of the Act’s in courts the country. across the American Civil Liberties Union Nevada, In on behalf of 12 anony- challenged the constitutionality of the Act (ACLU) mous sex offenders, arguing that the law imposes cruel and unusual punishment in violation of the 8th Amendment of the Constitution and is too 194 Cory Rayburn Yung, Professor at John Marshall Law School and author of the Marshall at John Professor Cory Rayburn Yung, fail to differ- of the Act argues that the uniform standards Crimes,” blog “Sex of sex offenses. entiate among the diversity Loyola Public Interest Law Reporter Law Interest Public Loyola pro- a treatment complete current, information registration keep their must officer. probation check in with a gram and classification system rigid of the Act’s downfalls Boliker’s doubts concerning the by illustrated are circumstances to account for individual and its failure story of Ricky. their consensual high school ro- Ricky and Amanda began at a club. mance when they met \\server05\productn\L\LPR\14-2\LPR212.txt promoting public safety was served by the registration system. public safety was served the registration by promoting Published by LAW eCommons, 2009 26794 lpr_14-2 Sheet No. 40 Side B 06/29/2009 13:47:06 B 06/29/2009 40 Side Sheet No. lpr_14-2 26794 26794 lpr_14-2 Sheet No. 41 Side A 06/29/2009 13:47:06 4 39 42 195 and 43 defend- IOLATES V 27-MAY-09 11:20 CT A 44 No. 2 • Spring 2 • No. 2009 OW THE In U.S. v. Dixon, Seq: 4 Seq: 36 : H ANDS ’ H unknown UDGES OCTRINE J D As opposed to uniformly applying the Act’s As opposed to 37 UT OF OWERS O P The Court’s to be flexible in applying the Act decision 40 38 Public Interest Law Reporter, Vol. 14, Iss. 2 [2009], Art. 13 2 [2009], 14, Iss. Vol. Law Reporter, Interest Public The consequences of the new system are extraordinary; of the new The consequences registra- system are The ACLU argued that by classifying sex offenders into three into sex offenders classifying that by argued ACLU The This sentiment is echoed in a class action lawsuit filed in Ohio, This sentiment is echoed in a class As a result, a federal judge issued an order preventing Nevada’s sex Nevada’s preventing issued an order a federal judge As a result, UNISHMENT 33 31 41 34 35 Nevada’s old system categorized sex offenders by their risk of re- their by sex offenders old system categorized Nevada’s P EPARATION OF 32 S AKING Communications Director for Ohio Attorney General Marc Dann said that Dann Marc General Attorney for Ohio Communications Director been filed. already have similar challenges to the Act several provisions, the U.S. 7th Circuit Court elected to acquit Dixon but uphold Court U.S. 7th Circuit elected to acquit Dixon the provisions, Carr’s conviction. ants Dixon and Carr challenged their individual convictions for failing to reg- challenged their individual convictions and Carr ants Dixon travel. ister for interstate was based on the dates of Dixon’s and Carr’s individual charges, stating that and Carr’s individual charges, stating was based on the dates of Dixon’s regulation. General’s to the Attorney parties time” to adapt need “reasonable THE tion on the sex offender list is for life and there is a heavy stigma attached to is a heavy stigma is for life and there sex offender list tion on the this label. tiers based on the crimes committed, punishments are not individually tai- not individually are committed, punishments on the crimes tiers based lored. which alleges that by allowing the Ohio Attorney General to engage in sen- General Attorney the Ohio allowing which alleges that by of the judiciarytencing instead of a judge, the role upon. encroached is being offender law from being implemented until these Constitutional issues were until these Constitutional issues being implemented offender law from resolved. The firm representing the appellant sex offenders announced that it intends to The firm representing in other counties, fronts on several file similar motions attacking the Act T and are not being individually tailored because punishments are Furthermore, critics argue that the separation of the Act, through Congress mandated by doctrine is not being met.powers asserts legislatively-mandated that Yung making it a one-sided “taking it out of the judges’ hands and punishments are spit ball.” Another constitutional challenge prompted by the Act relates to its retroactive relates the Act by challenge prompted Another constitutional implementation. General Attorney the Illinois by 2007 regulation A February those with the state, even convicted sex offenders register mandated that all of the Act. the passage before convicted who were months was case, five that in Dixon’s The Court’s the analysis reflects holding case, and in Carr’s time to expect compliance with a regulation, a reasonable was not. six weeks restrictive. \\server05\productn\L\LPR\14-2\LPR212.txt offending. http://lawecommons.luc.edu/pilr/vol14/iss2/13 26794 lpr_14-2 Sheet No. 41 Side A 06/29/2009 13:47:06 A 06/29/2009 41 Side Sheet No. lpr_14-2 26794 26794 lpr_14-2 Sheet No. 41 Side B 06/29/2009 13:47:06 5 , Dec. ONTENT 27-MAY-09 11:20 C SSOCIATED A Seq: 5 Seq: http://www.amw.com/fugitives/ While these lawsuits may result in result lawsuits may While these 45 unknown Winiarski: Facing the Compliance Deadline for the Adam Walsh Child Protectio Child Walsh Adam for the Deadline Compliance the Facing Winiarski: Id. Id. Id. Id. Id. Id. OTES the overbroad punishment of sex offenders, leading to appeals and the expendi- leading to appeals of sex offenders, punishment the overbroad costly method of inefficient and arguably this money, taxpayer of more ture the from Tooles the Ottis only way to distinguish is the the Act challenging its rigid provisions. Rickys under Former Rep. Mark Foley, far right, at the White House Rose Garden signing ceremony for the Adam signing ceremony Garden Rose far right, at the White House Foley, Mark Rep. Former 27, 2006. of 2006 on July Act and Safety Child Protection Morse, Walsh Paul photo by White House at http://newsblogs.chicagotribune.com/.shared/image.html?/photos/uncategorized/white_ available house_adam_walsh_l.jpg. N 1 Walsh, The Story of Adam Wanted, America’s Most 31, 2009). case.cfm?id=39789 (last visited Mar. 2 3 4 5 6 7 After Commission of 27 Years Walsh of Adam Murder Charged with Toole Ottis Hopwood, Jon Incompetence, Due to Police Justice Escaped Murderer Child Horrific Loyola Public Interest Law Reporter Law Interest Public Loyola that courts and beginning the only the this is that be will soon believes Yung the Act. cases challenging flooded with \\server05\productn\L\LPR\14-2\LPR212.txt 196 17, 2008, http://www.associatedcontent.com/article/1311700/ottis_toole_charged_with_mur- der_of.html. 8 Published by LAW eCommons, 2009 26794 lpr_14-2 Sheet No. 41 Side B 06/29/2009 13:47:06 B 06/29/2009 41 Side Sheet No. lpr_14-2 26794 26794 lpr_14-2 Sheet No. 42 Side A 06/29/2009 13:47:06 6 , F- AR- 197 O EWS -M EX N S , Feb. 20, , Feb. AILY EAT D 27-MAY-09 11:20 B LEVELAND C ITY AYTON C D , Dec. 18, 2008, http:// , Dec. , No. 2 • Spring 2 • No. 2009 LOG NGELES B A Seq: 6 Seq: OS note 26. L , ACULTY F , http://www.justicepolicy.org/images/upload/ ? CHOOL CT S A unknown AW , Nov. 16, 2008, http://cmlawlibraryblog.classcaster. , Nov. L LOG HAT WILL IT COST STATES TO COMPLY WITH THE B , W OTIFICATION NIVERSITY N IBRARY U L note 9. note 9. NSTITUTE AW 756 N.E.2d 255, 279 (Ill. App. Ct. 2001). App. 756 N.E.2d 255, 279 (Ill. Public Interest Law Reporter, Vol. 14, Iss. 2 [2009], Art. 13 2 [2009], 14, Iss. Vol. Law Reporter, Interest Public I L , July 1, 2008, http://www.lvrj.com/news/22752939.html. , July ARQUETTE OLICY M P 756 N.E.2d at 279. 756 N.E.2d at 732. EGISTRATION AND OURNAL OLLEGE OF J (based off Illinois’ 2006 Byrne grant, which the U.S. House of Representatives estimates of Representatives the U.S. House grant, which 2006 Byrne (based off Illinois’ R C USTICE J Id. Id. Id. Challenges to the Adam Walsh Sex Offender Law: Ohio and Elsewhere, Law: Ohio Offender Sex Walsh Challenges to the Adam Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. v. Fuller, People Fuller, Fuller, Id. Id. Id. Id. EVIEW FENDER SHALL R \\server05\productn\L\LPR\14-2\LPR212.txt 33 34 supra Act, Walsh 35 36 Walsh of the Adam the Reach Limiting in Review: Week Circuit Seventh M. O’Hear, Michael (a Little), Act 32 08-08_FAC_SORNACosts_JJ.pdf (last visited Mar. 31, 2009). (last visited Mar. 08-08_FAC_SORNACosts_JJ.pdf 14 15 org/blog/national/2008/06/10/challenges_to_adam_walsh_sex_offender_law_ohio_and_else- statute Attorney Challenges constitutionally of Walsh Lou Grieco, where; 42 law.marquette.edu/facultyblog/2008/12/28/seventh-circuit-week-in-review-limiting-the-reach- of-the-adam-walsh-act-a-little/. 37 38 39 40 41 supra interview with Cory Rayburn Yung, Telephone 9 587 120 Stat 109-248, L. No. Pub. of 2006, Act and Safety Protection Child Walsh Adam (2006). 10 11 12 13 23 24 25 26 Law School, Marshall John J.D., Professor, Interview with Cory Rayburn Yung, Telephone 28, 2008). (Oct. Crimes” and author of the blog “Sex 27 supra Act, Walsh 28 29 30 31 act awaits constitutional challenges, halts sex offender law: Nevada Judge Federal Kihara, David 2008, http://www.lacitybeat.com/cms/story/detail/is_ricky_really_a_sex_offender/6726/. 22 will be equivalent to the funding appropriated in 2006). appropriated to the funding will be equivalent 16 17 18 Cook Unit, Crimes of Sex Head Attorney, Interview States Boliker, with Shauna Telephone 5, 2008). County (Nov. 19 20 21 Offender?, a Sex Ricky Really Is Win, Ingber Hanna http://lawecommons.luc.edu/pilr/vol14/iss2/13 26794 lpr_14-2 Sheet No. 42 Side A 06/29/2009 13:47:06 A 06/29/2009 42 Side Sheet No. lpr_14-2 26794 26794 lpr_14-2 Sheet No. 42 Side B 06/29/2009 13:47:06 7 27-MAY-09 11:20 Seq: 7 Seq: note 26. unknown Winiarski: Facing the Compliance Deadline for the Adam Walsh Child Protectio Child Walsh Adam for the Deadline Compliance the Facing Winiarski: Id. Id. 198 Loyola Public Interest Law Reporter Law Interest Public Loyola 4, 2008, Jan. http://www.daytondailynews.com/n/content/oh/story/news/local/2008/01/03/ ddn010408offenders.html. 43 44 45 supra interview with Cory Rayburn Yung, Telephone \\server05\productn\L\LPR\14-2\LPR212.txt Published by LAW eCommons, 2009 26794 lpr_14-2 Sheet No. 42 Side B 06/29/2009 13:47:06 B 06/29/2009 42 Side Sheet No. lpr_14-2 26794