[thestate.com – 8/16/19] Sex offenders have rights, too, and in some cases the state has been violating those rights, the NC Supreme Court ruled on Friday. The ruling concerns people who have been ordered to submit to satellite-based monitoring for the rest of their lives, which forces them to wear a tracking device so law enforcement can track their location via GPS using an ankle bracelet. Nearly 500 North Carolina sex offenders could now be freed from lifetime surveillance by the GPS monitoring program. However, it’s not yet clear how…
Read MoreTag: North Carolina
NC: Court Reverses Order for Convicted Sex Offender to Wear GPS-monitoring System for Life
North Carolina’s second-highest court has reversed a decision requiring a man who pleaded guilty to taking indecent liberties with a child to wear a monitoring system for the rest of his life. Full Article
Read MoreNC: Child exploitation operations net 82 arrests in eight states
[cnn.com- 5/3/19] Authorities in eight states arrested 82 people in operations this week that also rescued or identified 17 children thought to be victims of exploitation, officials announced Friday. “This three-day operation provides a snapshot of the work that the (Internet Crimes Against Children) Task Force is doing round the clock, seven days per week. Predators are real, and they walk among us,” Alan K. Flora, commander of the North Carolina task force, said. An ex-school bus driver pleaded guilty to raping a 14-year-old girl. He got probation. The…
Read MoreNC: Researchers Say Consensual Sexting Between Teens Should Be Decriminalized
[wfmynews2.com – 4/18/19] In North Carolina, if a teen is caught sexting they face jail time and could have to register as a sex offender. GREENSBORO, N.C. — Sexting in many states is an act that could get your teenager into a lot of trouble. The problem is it most likely won’t go away. The American Academy of Pediatrics says 1 in 4 teens admits to sexting. Sexting is sending or receiving sexual explicit photos or videos, like a naked selfie. Greensboro Clinical Psychologist Dr. Mary Ann Garcia says…
Read MoreNC Bill: Convicted Animal Abusers Will Be Added to an Online Registry; Much Like Sex Offenders
[wfmynews2.com – 4/2/19] After a person’s first Animal Abuse offense, they would be put on the registry for the next two years. If they have another offense they would be put on the registry for five years. If you are convicted of an animal abuse crime this bill reiterates you may be forced to give up any animals you own. If you are a repeat offender and are put on the registry multiple times the proposed bill says you would have to give up your animals, and would not be…
Read MoreNC: Cleveland Co. Sheriff’s Office to start posting names of registered sex offenders on Facebook
[wsoctv.com – 2/18/19] CLEVELAND COUNTY, N.C. – Cleveland County’s Sheriff’s Office is taking unprecedented steps to make sure you know if a sex offender moves in near you. It is posting on its Facebook page information about sex offenders who have changed their address or who have just become sex offenders. Officials said there is a higher percentage of registered sex offenders in the county than in other counties of similar size, so people need extra help to stay safe. Read more
Read MoreNC: Process for adding out of state convictions to state registry is unconstitutional
[floridaactioncommittee.org – 11/23/18] In an opinion entered earlier this month. A North Carolina District Court Judge found the state’s process for adding people to their sex offender registry who had been convicted out of state, was unconstitutional. In this case, the plaintiff’s case was out of Washington State. He moved to North Carolina, where he was originally told he did not have to register, but after moving within North Carolina, was told he did. The decision to place someone on the registry is not made by a judge. It’s made…
Read MoreNC: High court weighs if tracking sex offenders reasonable
North Carolina’s Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search. The state’s highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the U.S. Supreme Court ruled in his case that mandating GPS ankle monitors for ex-cons is a serious privacy concern. Full Article
Read MoreStates Can’t Make Up New Laws to Punish Old Conduct Just Because They Call Them “Civil”
Article I, Section 10 of the Constitution provides that “[n]o State shall … pass any … Ex Post Facto law.” The Ex Post Facto Clause was incorporated into the Constitution to prohibit states from enacting retrospective legislation, which the Framers believed to be inherently unfair and contrary to the principles of limited, constitutional government. Despite the Framers’ clear aversion to retrospective lawmaking, the Supreme Court has since adopted the view that states are uninhibited from enacting retroactive civil penalties. So long as a retrospective law contains a discernable legislative purpose…
Read MoreNC: Craven County sex offenders are carefully tracked
Between 170 and 190 sex offenders live in Craven County following strict guidelines regarding where they can live, visit, work or walk. Not only does the Sheriff’s department track their daily lives, but they can be tracked by their neighbors or relatives as well, through the North Carolina Sex Offender Registry, a site that will warn residents where the offenders are, what they look like, and of what crime they are convicted. Full Article
Read MoreNC: Court Determines GPS Tracking Devices Unconstitutional
The North Carolina Court of Appeals ruled yesterday that the state government’s requirement that registrants wear a GPS tracking device is an unreasonable search which violates the 4th Amendment of the U.S. Constitution. The Court’s decision is based upon the state government’s failure to prove that GPS tracking is “effective to serve the State’s interest in protecting the public against sex offenders.” “This is a courageous and wise decision,” stated ACSOL Executive Director Janice Bellucci. “Our hope is that courts throughout the nation will choose to follow it.” In its…
Read MoreNC: They never asked for $500,000 — but they got it. N.C. spending gets little scrutiny
North Carolina’s new budget includes $500,000 in taxpayer money to keep better track of sex offenders by cataloging where they work, what cars they drive — even where they are known to travel. But the state agency that oversees the current tracking system never asked for the money. And the lobbying group for the state’s sheriffs learned about the plan only shortly before the budget was approved. Sheriffs are tasked with monitoring offenders. Full Article
Read MoreNC: Sex offender accused of attending dance recital
[jdnews.com – 6/4/18] A convicted sex offender accused of attending a Northside High school dance recital was arrested over the weekend but has since bonded out of jail. __________, 44, of N. Carole Drive in Jacksonville was arrested Saturday by the Jacksonville Police Department and charged with felony sex offender on child premises. __________, , a convicted felon, is accused of attending a dance recital at Northside High School on Saturday, according to warrants. Beth Purcell, Jacksonville Police Department’s media liasion, wrote in an email to the Daily News that…
Read MoreNC: Appeals court reverses twice-convicted sex offender’s lifetime GPS monitoring
[wect.com 5/15/18] NEW HANOVER COUNTY, NC (WECT) – A state appeals court has reversed a ruling that would have required a twice-convicted sex offender wear a GPS monitoring bracelet for the rest of his life. In 1997, Torrey Dale Grady, 39, pleaded no contest to a second-degree sex offense, and in 2006, he pleaded guilty to taking indecent liberties with a child. Both incidents took place in New Hanover County. Although Grady was not initially required to enroll in the state’s satellite-based monitoring program (SBM) after either conviction, in 2013…
Read MoreNC: Lawsuit moves forward in twice-delayed hearing on Motion to Dismiss
[narsol.org 4/18/18] By Robin Vander Wall . . . At a hearing in federal court (Middle District, NC) on Monday, April 16, 2018, NARSOL, NCRSOL, and two John Doe plaintiffs were represented by Attorney Paul Dubbeling to defend against the state of North Carolina’s Motion to Dismiss a lawsuit filed in January, 2017 seeking declaratory and injunctive relief under section 1983 of Title 42 of the U.S. Code (Civil Action for deprivation of rights). Forty six named defendants were represented by Attorney Lauren Clemmons of the N.C. Attorney General’s office.…
Read MoreNC: Abusing his authority, NC Sheriff goes “above and beyond” what the law allows
[narsol.org] By Robin Vander Wall . . . In June, 2017, a registered sex offender in Halifax County was visited by the sheriff’s office for his biannual verification check. Eight days later, and after successful verification of his address, the same registered sex offender was charged with kidnapping and attempting to rape a 1-year-old child. So much for the usefulness of verification checks, right? Predictably enough, Wake County Sheriff Donnie Harrison doesn’t see it that way. In a July interview with CBS17, and in response to the incident in Halifax…
Read MoreNC: Questions keep convicted sex-offender parent from attending his child’s basketball games
[journalnow.com] ______, a sex offender, is being investigated by the Surry County Sheriff’s Office for going onto the campus of Millennium Charter Academy to watch his child play basketball, officials say. ____ was attending basketball games at the school this winter, and volunteered to run the clock under an agreement with the school that allows him to be on campus as long as he is under supervision. Someone raised an alarm with the Surry County Sheriff’s Office, and for now ____ and the school have mutually agreed that ____ won’t…
Read MoreNC: Tracking sex offenders is a large task that falls to a handful of people
Investigator J. Moore spends his days keeping tabs on the sex offenders living in Wake County. “When we go out, we just go door-to-door until we run out of time or we run out of people. And we never run out of people,” Moore said. Full Article
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