Re: discussion here about whether the those convicted of sex offenses can live within certain proximity to schools, parks, etc.
We know the 50 states here in U.S. have differences in their S/O laws.
Is it possible the living-within-proximity-prohibitions and other terms re those convicted of certain sexual offenses are imposed in different ways -
- in some states, by states' S/O statute itself.
- in other states by court ordered conditions of release from prison?
- a combo of the above.
It's complicated. Here's a link to the Justice Dept. that explains a little:
Registration is a Local Activity
In the United States, sex offender registration is conducted at the local level and the federal government does not have a system for registering sex offenders. Generally speaking, sex offenders in the United States2
are required to register with law enforcement of any state, locality, territory, or tribe within which they reside, work, and
attend school.
Each State has its own distinct sex offender registration and notification system. The District of Columbia and the five principal U.S. territories each have their own systems, as well, and an increasing number of federally-recognized Indian Tribes have their own sex offender registration and notification systems as well.
3
Every one of these systems has its own nuances and distinct features. Every jurisdiction (meaning each State, Territory, or Tribe) makes its own determinations about who will be required to register,
what information those offenders must provide, which offenders will be posted on the jurisdictions public registry website, and so forth.
Even though sex offender registration is not directly administered by the federal government, the federal government is involved in sex offender registration and notification in a number of meaningful ways.
B. Federal Minimum Standards
Over the last two decades Congress has enacted various measures setting
minimum standards for jurisdictions to implement in their sex offender registration or notification systems. The first of these was passed in 1994 and is commonly referred to as the Wetterling Act. This Act established a set of minimum standards for registration systems for the States.4
Two years later, in 1996, Megans Law was passed as a set of
minimum standards for community notification.5
The most recent set of standards can be found in the Sex Offender Registration and Notification Act (SORNA), which was
passed in 2006.6 SORNA currently governs the federal minimum standards for sex offender registration and notification systems.
If a State, Tribe, or Territory chooses to refrain from substantially implementing SORNAs standards, [they lose funding]...........
http://www.ojp.usdoj.gov/smart/caselaw/handbook_july2012.pdf
Klaas Kids has all 50 states' requirements:
http://www.klaaskids.org/meganslaw/