Federal Judiciary

Third Divides Over Discrimination Against Out-of-State Sex Offenders

By Robert Loblaw

Doe v. Pennsylvania Board of Probation, 05-4200 (3^rd Cir., Jan. 23, 2008)

In a significant ruling on a hot-button issue, a divided panel of the Third Circuit has struck down part of Pennsylvania?s sex offender notification statute because it discriminates against out of state sex offenders. Under Pennsylvania?s version of Megan?s Law, authorities notify area residents about certain sex offenders living in their midst. Community notification applies to any Pennsylvania sex offender judged to be a “sexually violent predator” after a full hearing, or to any out-of-state sex offenders who decide to be paroled to Pennsylvania.

Is this a smart way for Pennsylvania to keep sex offenders out, or a violation of the Equal Protection Clause? The panel divides over the answer to this question. The majority of Judges McKee and Nygaard concludes that the state?s failure to provide a hearing to out-of-state offenders is unconstitutional, while Judge Ambro holds that the law survives rational basis scrutiny and therefore must be upheld.

Full post as published by Decision of the Day on January 23, 2008 (boomark / email).