Md. Court Says Sex Registry Law Doesn't Apply To Homeless
Location: ANNAPOLIS, Md.
Posted: November 16, 2006 11:18 AM EST
Homeless sex offenders are exempt from laws requiring them to register a change of address with state officials, Maryland's high court has ruled.
The Maryland Court of Appeals said Wednesday in a pair of unanimous rulings that it would be impossible for the homeless to comply with that provision of the state sex offender registry.
The rulings overturned the convictions of two sex offenders in Montgomery County for failing to update their addresses.
Attorneys for the government said they would seek a new state law to address the issue.
"Let's go back and have the General Assembly define what they mean by residence, or maybe ask for special requirements," said Montgomery County Assistant State's Attorney Laura L. Chase. She said lawmakers did not intend to exempt homeless sex offenders from registry requirements.
Julia Doyle Bernhardt, an assistant public defender who represented one of the Montgomery County men who challenged his conviction for failing to notify authorities that he moved, said it would be impossible for the homeless to comply with a registry law.
"That's the problem. They can't (report a new address). Therefore, the statute doesn't cover them," she told the newspaper.
How many people the ruling affects is unclear. A person staying in a homeless shelter for any length of time has an address, the high court said.
Of the 4,495 registered sex offenders in Maryland, "a small number are truly homeless," said Karen V. Poe, a spokeswoman for the Department of Public Safety and Correctional Services.
Community Watch comments:
A small number are truly homeless - until they hear this news. Nice loophole Maryland. Does this really serve and protect your community?
