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Problems with registration requirements for homeless sex offenders

By Douglas A. Berman

Thanks to this post at How Appealing, I discovered that state court in Pennsylvania held in this opinion that, though "the Legislature could have drafted the Megan?s Law registration requirement to require a homeless and transient person to register ... it did not."  The opinion notes that other states have struggled with registration requirements as applied to homeless sex offenders, and concludes this way: Because Wilgus?s homeless existence precluded the possibility of a residence, or fixed place of habitation or abode, we are constrained to hold Wilgus was without a ?residence? to register, change or verify within the meaning of Pennsylvania?s Megan?s Law.  The Legislature may well consider amending the statute to address the status of homeless offenders within the registration requirements of Megan?s Law.continue to full post

Full post as published by Sentencing Law and Policy on June 28, 2009 (boomark / email).