2. Close the sex offender residency loophole.
Contrary to the State's position, the term "residing" in the address reporting requirement plainly does not encompass a park bench — or a heating grate, bush, highway underpass, or other similar on-the-street location, for that matter.We agree with Dinkins. — District IV Court of Appeals
Dinkins's conviction — for failing to report where he'd be living upon his release from prison — was reversed because he didn't have any residence to report, thus he couldn't have reported any residence.
But these days he's residing in Beaver Dam, WI.
* h/t Emily Mills.
I have a pretty strong feeling that even if the legislature does not close that loophole, the Supremes are going to close it for them.
ReplyDeleteThe Chief and her customary allies would be more likely to let this decision stand, so it would be up to the strict constructionists to include shrubberies and highway underpasses among statutory residences.
ReplyDeleteOther states have tried the other gimmick of effectively making it illegal for them to live anywhere. The Feds didn't like that one.
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