ALERT: Is a Failure to Register charge a sex offense?

5-5-2012 Colorado:

Life never ceases to amaze me. Something I had heard about some time ago, I now have proof that this is true!

Only in Colorado, to my knowledge today, is a charge of "Failure to Register" considered a sex offense. Right a sex offense, don't believe me, click on the following pic and read the yellow portion.

This is page-11 of Laws Governing Sex Offenders in Colorado (11-2008), a file that describes all sex offenses and offender rules in Colorado.

Think of the ramifications of this, its mind boggling. There has to be someone with a sick sense of humor that pushed this through the legislature. I'm just blown away by this, are you?

If this is also true in other states, I'd love to know which ones. This will mess up recidivism figures BIG TIME!

I Saw a Man Get Arrested For a Sex Crime Because He Made a Scheduling Error

7-17-2014 Texas:

When I agreed to keynote the Reform Sex Offender Laws conference this week in Dallas, Texas, I didn't expect it to hit quite so close to home.

But before I arrived, I got a phone call from a soft-spoken, super-articulate young man, Joshua Gravens, who is a Soros Justice Scholar based in Dallas. His specialty is the injustice of the sex offender registry and the fact that it isn't making kids any safer (see this study and this article). He was also on the public sex offender list until recently and still has restrictions on his movement.* He invited me to come with him to the police department to give notice he had moved. Who could resist?

Josh became a sex offender at age 12. That's when he touched his sister's vagina, twice. His sister told their mom, Josh said it was true (he was too embarrassed at the time to mention that he himself had been raped as a young boy by three local high school kids), and their mom called a counseling service for advice. The counsellor said Josh's mother was required to report his crime to the authorities and the next day, he was arrested.

Carriere man gets life without parole in sex-offender registry case

4-17-2014 Mississippi:

Donald Caves prosecuted as habitual offender

A Carriere man has been sentenced to life without parole for conviction of failing to register as a sex offender, District Attorney Hal Kittrell said Tuesday.

Donald Allen Caves, 45, was found guilty April 9. Judge Anthony Mozingo deferred sentencing for a pre-sentence investigation.

Kittrell said a Pearl River County jury believed testimony that Caves changed his address and failed to notify authorities.

He was convicted of touching a child for lustful purposes in 1990, accessory after the fact to auto burglary in 1998 and felon in possession of a weapon in 2005.

His latest felony investigated by the Pearl River County Sheriff's Office and prosecuted by Assistant District Attorneys Kim Harlin and Lauren Harless.

"Repeat offenders such as Donald Caves pose a threat to the safety of our community and should be sentenced to life without the possibility of parole," Kittrell said in a news release. ..Source.. by ROBIN FITZGERALD

Cosner v State

Folks need to remember, just because his appeal was denied, doesn't mean the court ruled a FTR Charge can be considered a sex crime, the court did not rule on the merits of the issues. The court ruled he failed to follow his administrative remedies, so the issues are still open for later review (if necessary) after he completes an administrative appeal with the DOC (He needs to review that DOC Policy).

3-12-2013 Mississippi:

Cosner v State
No. 2012-CP-00101-COA.

Chris Cosner appeals the circuit court's dismissal of his second motion for post-conviction collateral relief (PCR). Cosner argues the Mississippi Department of Corrections (MDOC) erred when it deemed his failure to register as a sex offender as a "sex crime" and his conviction of possession with intent as a crime of violence. Cosner argues that this treatment makes his sentence mandatory day-for-day and makes him ineligible for parole, meritorious earned time, and trusty status. His second PCR motion is based on the same grounds as his first PCR motion, but with different named defendants. We find no error and affirm.

FACTS
¶2. On February 6, 2009, Cosner pled guilty to three charges: (1) possession of greater than 500 grams of marijuana (schedule I) with intent to sell, transfer, or distribute; (2) possession of greater than 100 dosage units of Alprazolam (schedule IV) with intent to sell, transfer, or distribute; and (3) failure to register as a sex offender.

¶3. Cosner filed his first PCR motion on December 7, 2009. In this motion, Cosner argued that he would not have pled guilty if he had been told that he would have to serve day-for-day and that his charges were considered violent. He also argued he was under mental duress at the time of his plea and that his counsel was ineffective. An evidentiary hearing was scheduled for August 13, 2010. On the morning of the hearing, Cosner decided to withdraw his motion before the hearing began.

¶4. Cosner then filed his federal habeas petition on November 15, 2010. He admitted that he had "not pursued an appeal or completed post-conviction remedies available to him in state court."

... ... ...

¶14. Cosner claimed a denial of "due process of law rights and double jeopardy for punitive punishment for a crime already consummated." Cosner's sentence expiration argument is a challenge to MDOC's policies. Practically speaking, Cosner requested a review of his inmate classification. "For many such questions regarding confusion about the operation of the state's system of incarceration, the proper procedure is for a prisoner to seek relief through the administrative processes of the Department of Corrections." Burns v. State, 933 So.2d 329, 331 (¶9) (Miss. Ct. App. 2006) (citing Miss. Code Ann. §§ 47-5-801 — 47-5-807 (Rev. 2004)).

¶15. Agency procedures first, rather than post-conviction collateral relief, govern certain issues like inmate classification. Id. (citing Lewis v. State, 761 So.2d 922, 923 (¶¶3-4) (Miss. Ct. App. 2000)). Classification of inmates is not an issue properly brought in a PCR motion; rather, it is within the administrative purview of the MDOC. Cosner should pursue administrative remedies available through the procedures of the MDOC. Therefore, we find no error and affirm.

¶16. THE JUDGMENT OF THE CIRCUIT COURT OF LEE COUNTY DISMISSING THE MOTION FOR POST-CONVICTION COLLATERAL RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.

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Article: Inmate loses appeal in classification dispute