Is there any provision at all for individuals to challenge their placement in the registration and notification systems?
A. Yes, but it is extremely limited. The Bill does include a provision for challenges by individuals who are factually misclassified. For example, a man is convicted of third-degree sexual abuse against an adult. Although that crime requires only ten years of registration, the Court Services Offender Supervision Agency, orders the individual to register for life. Because there is a factual mistake, the individual may challenge the classification in court. There is, however, no challenge provision for individuals to challenge their placement on the grounds that they do not pose a danger to the community. Therefore, as the Bill is currently written, individuals convicted of misdemeanors that included sexual touching will be required to register for ten years regardless of the circumstances of the crime.
