-
AZ Supreme Court: Bail denial for child sex offenses is unconstitutional
PHOENIX — State laws that deny bail to people solely because they’re accused of having sex with a minor are unconstitutional, the Arizona Supreme Court ruled today.
The justices acknowledged arguments by prosecutors that trial judges have the right to keep certain people behind bars while awaiting trial as a method of protecting the public. And they said that the crime of sexual conduct with a minor is a series charge.
But Justice Clint Bolick, writing for the unanimous court, said the seriousness of the charge, by itself, is insufficient to result in automatic denial of release. He said prosecutors have to prove that a defendant poses a specific threat and that there are no conditions that can be imposed that allow that person’s release and protect the public.
Today’s ruling comes despite arguments by prosecutors that the justices should honor the will of voters who approved state constitutional provisions in 2002 limiting access to bail.
“The people of Arizona determined that sexual conduct with a minor is an acute problem and that pretrial detention for those accused of that crime was in the best interest of the community,” said Deputy Maricopa Attorney David Cole.
Offenders on Federal Supervised Release Hits All-Time High The Adam Walsh Act: An Examination of Sex Offender Risk Classification Systems
In this trying time we want to reiterate a few things for our registrants and families. We don't want there to be any confusion or penalties concerning registry requirements during the Coronavirus Pandemic.
Make sure you know current requirements. You can go to your Sheriff's Office website to see if there is new information there. If so, we suggest you do a screen print and save it. Call your registry office to get clarification on any questions you might have. Document the date, time, who you spoke with and their instructions regarding any address change, vehicle, employment, travel dates if required, etc.
Keep in mind if you are required to update your drivers license annually through the Department of Motor Vehicles (DMV) you should contact them for their status. Some are limiting the number of people allowed inside and you have to wait to receive a call from them and then come back inside. Document any instructions.
Be safe, be smart, stay healthy and know we will get through this.All information is confidential and we do not distribute any data whatsoever.
The W.A.R. Support Line: