There is a case which is being heard by the Kansas Supreme Court which could have an impact on the lives of all of the people who are currently required to participate in the state’s offender registry. In 2011, the state Legislature amended the offender registry law. When the law was amended, the listing requirements for many of the offenders who were on the registry at that time were retroactively lengthened.
For one man, who was originally required to register as a sex offender for ten years beginning on the date of his conviction in 2003, the amendment to the listing rules required him to register for another fifteen years, for a total of twenty five years. The man sued the Kansas Bureau of Investigation and the Johnson County Sheriff’s Office, and argued that his name should be removed from the offender registry because he has already completed the ten years of registration that he was required to complete under the terms of his conviction. The man’s argument in support of his request to remove his name from the registry is that the retroactive extension of his registration requirement following the amendment of the state registry law is unconstitutional, because it is an “ex-post-facto” law, a law which results in punishment after-the-fact. The judge agreed with this argument, and issued a ruling which ordered that the man’s name be removed from the registry. The state has appealed the case to the Kansas Supreme Court.
Having to register as a sex offender, drug offender, or violent criminal can have far-reaching consequences for those who are required to register. Consequences of registration can include being prohibited from certain types of employment, having difficulty obtaining housing, and even being a target for ridicule and violence. However, the public does have an interest in knowing when offenders are present in their communities. Offender registries are an attempt to balance public access to information regarding offenders with the offenders’ interests in having their names remain on the registry for as little time as possible due to the detrimental impact that it has on many areas of their lives.
Individuals whose registration requirements were retroactively lengthened when the Legislature amended the registration law in 2011 will want to watch for the Kansas Supreme Court’s decision on this issue, as it could possibly decrease the length of time that they are required to register. If you have been charged with a crime for which you are likely to have to register if you are convicted, it is essential that you contact a Kansas Criminal Defense Attorney right away, so that your rights can be protected. A Kansas Criminal Defense Attorney will help you to pursue the best possible outcome in your case, whatever that may be. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.