From Ira Ellman
Distinguished Affiliated Scholar
Center for the Study of Law and Society
University of California, Berkeley
Charles J. Merriam Distinguished Professor of Law and Affiliate Professor of Psychology, Emeritus
Arizona State University
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I am thrilled to report that on Tuesday the American Law Institute adopted a revision of the Model Penal Code that includes provisions on the registry that would completely transform existing laws. I attach a 1 ½ page summary of those provisions as well as, for anyone unfamiliar with it, some explanation of what the Model Penal Code is, what the American Law Institute is, its processes, and the impact that the existing Model Penal Code had on the law when it was adopted by the ALI in 1962. But here’s the one paragraph nutshell description of the most important new provisions on the registry:
a. Only three first offenses are registerable: Sexual Assault by Aggravated Physical Force or Restraint, Sexual Assault of a Minor younger than 12 where the actor is 21 or older, and Incestuous Sexual Assault of a Minor younger than 16. (These offenses are defined in the Model Penal Code.) In addition, Sexual Assault by Physical Force, and Sexual Assault of an Incapacitated Person, are registerable but only if the actor has a prior sexual felony conviction,.
b. The maximum term on the registry is 15 years, but compliant registrants are removed after ten.
c. The public website and all public notification is abolished. Access to the registry is limited to law enforcement personnel investigating a particular offense.
The Department of Justice SMART office filed a letter with the ALI in advance of the meeting urging the membership to reject the registry provisions, saying “The draft, if adopted, would attempt to unravel sex offender registration and notification systems nationwide.” There’s not much in the DOJ letter I agree with, but they were right about that. The Institute, in other words, adopted these provisions with their eyes open. NCMEC also filed a letter in opposition, not surprising since adoption of the ALI provisions would largely put this private but publicly funded operation out of business (a point they make, as if keeping them employed is an important requirement of public policy). The vote to adopt was not close.
For more information, see the attached page and half description.
Description-of-ALI-Revisions-to-MPC2.pdf
Key-Portions-Tentative-Draft-No5-May-2021.pdf
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Who Is the The American Law Institute
The American Law Institute, established in 1923, is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The current Council of the ALI includes 7 members of the United States Courts of Appeal as well as Justices on the highest courts of California, Arizona, Texas, and New Jersey. The recommendations of the ALI Council become the official position of the Institute when adopted by the membership, which consists of leading attorneys, law professors, and judges who have been nominated and elected to membership.
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.
ALI drafts, discusses, revises, and publishes Restatements of the Law, Model Codes, and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
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Members of the ALI are distinguished and well-respected attorneys, researchers, judges etc.
Just to give you an idea, the below are just a few of the current ALI members:
Samuel A. Alito, Jr
Washington, DC
Supreme Court of the United States
Amy Coney Barrett
Washington, DC
Supreme Court of the United States
Jane Bland
Austin, TX
Supreme Court of Texas
Thomas L. Ambro
Wilmington, DE
U.S. Court of Appeals, Third Circuit
Richard T. Andrias
New York, NY
Supreme Court of New York, Appellate Division, Fir
Morris S. Arnold
Little Rock, AR
itU.S. Court of Appeals, Eighth Circuit
Bridget Bade
Phoenix, AZ
U.S. Court of Appeals, Ninth Circuit
Thomas A. Balmer
Salem, OR
Supreme Court of Oregon
Mary Beckman
Boston, MA
Massachusetts Attorney General’s Office
G. Richard Bevan
Boise, ID
Supreme Court of Idaho
Jeffrey S. Bivins
Nashville, TN
Supreme Court of Tennessee