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Thus, in applying the intent-effects test, we apply it only to the aspects of the amendments to the Act that are different from the registration requirements that existed at the time of appellant's criminal acts.

at 565), that negative consequence, because it existed prior to the statute's amendments, can have no effect on our decision as to whether appellant's ex post facto rights were violated. In this case it is clear that the General Assembly, by its 20 amendments, intended the statute to be a regulatory measure needed to accomplish two public safety regulatory objectives.

About ten months after the commission of the aforementioned crime, on August 6, 2001, Long entered a guilty plea in which he admitted having committed a third-degree sexual offense. Gilbert, Retroactivity and the Future of Sex Offender Registration in Maryland, 45 U. In a plurality opinion, the Court of Appeals held that “requiring [Doe] to register as a result of the 20 amendments violates the prohibition against ex post facto laws contained in Article 17 of the Maryland Declaration of Rights.” The three-judge plurality explained that “in many contexts,” the Maryland Declaration of Rights offers broader protections than the United States Constitution.

The plea was entered in the Circuit Court for Montgomery County, Maryland. The plurality further determine that ex post facto claims under Article 17 should be analyzed by using the “disadvantage” standard, under which “any law passed after the commission of an offense which ․ in relation to that offense, or its consequences, alters the situation of a party to his [or her] disadvantage” violates Article 17.

Franklin David Long (“Long”) filed a complaint for declaratory relief in the Circuit Court for Montgomery County against the Maryland Department of Public Safety and Correctional Services (“the Department”) in which he asked the court to declare:(1) That the Plaintiff be removed from the Maryland Sex Offender Registry since his original sentence required only a ten (10) year registration term which should have expired in 2011; or, in the alternative,(2) Should this Court find that the Plaintiff must remain on the Maryland Sex Offender Registry, that the Plaintiff only be required to register once a year with his supervising authority as opposed to every three months; and further(3) That the terms of his registration be in accordance with his original sentence and the laws in place at the time of his crime, and not pursuant to the retroactive application of the 2001, 20 amendments to the Maryland sex offender statute[.]The Department filed an answer to the complaint, after which both Long and the Department filed motions for summary judgment. Appellant contends that the registration requirement set forth in the amendments to the Act should not apply to him because, if so applied, the amended statute would violate his rights as guaranteed by Article 17 of the Maryland Declaration of Rights, which reads: That retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal are oppressive, unjust and incompatible with liberty; wherefore no ex post facto law ought to be made; nor any retrospective oath or restriction be imposed, or required. In Smith, the United States Supreme Court examined an Alaskan sex registration statute that went into effect in 1994 and required sex offenders and child kidnappers to register as sex offenders and to re-register every three months thereafter. If, however, the intention was to enact a regulatory scheme that is civil and nonpunitive, we must further examine whether the statutory scheme is so punitive either in purpose or effect as to negate [the State's] intention to deem it civil. at 92 (alteration in original) (citations and internal quotation marks omitted). Following his sentencing, Doe filed a Motion to Correct an Illegal Sentence challenging both the fine and the requirement that he register as a child sex offender. Ed.2d 89 (2012), was the position representing the common point of agreement between the plurality and concurring opinions), cert denied, ____ U.

Long filed a timely appeal to this Court in which he raises two questions that he phrases as follows:1. States that did not comply with SORNA and the guidelines, risked losing 10% of the Byrne Justice Assistant grants that would have otherwise been allowed. The requirement that Doe register as a sex offender was a result of the 2009 amendment to MSORA retroactively requiring offenders who were convicted on or after October 1, 1995, but committed a sexual offense before that date, to register for the first time.

On the date this crime was committed his victim was an 11-year-old girl. The trial court agreed with the State and ordered that Doe “shall not be removed from the sex offender registry.”After this Court affirmed the circuit court, the Court of Appeals granted certiorari and reversed our decision.

In his brief, Long argues the fact that his plea agreement “included a requirement to register on the MSOR for ten years” is supported by the “Notice to Registrant of Requirements under Article 27, Section 792” that he received.

The content of the notice to registrant tells us nothing whatsoever as to appellant's understanding of the registration requirements when he entered his guilty plea.

That notice was received ten days after he received his sentence and 43 days after he pled guilty. of Public Safety and Correctional Services (“Doe I”), 430 Md.

In other words, at the time in 2001 when Long pled guilty, he could not possibly have relied upon the Notice to Registrant because that document was not supplied to him until more than one month afterwards. Several appellate cases in Maryland have discussed, in considerable detail, whether the Maryland Sex Offenders Registration Act (“the Act”) as amended violates the ex post facto provisions in Article 17 of the Declaration of Rights and/or Article I, § 10 of the United States Constitution.




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