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There have been two recent developments which potentially relieve an individual from a duty to register under Maine’s Sex Offender Registration Law, 34-A M. The person was finally discharged from the correctional system prior to September 1, 1998; B. § 11202-A One key difference between the relief from the duty to register in 34-A M. The Court spent considerable time analyzing the ex post facto arguments against various forms of SORNA statutes which had been previously upheld in various U. The Court ultimately concluded that the SORNA statute was at least in part unconstitutional as an ex post facto law as applied to certain offenders: To summarize, we conclude: (1) For ex post facto purposes, SORNA of 1999 is properly evaluated on its face, and not in relation to how it has been applied against any individuals. District Attorney, 2007 ME 139, 932 A.2d 552, is overruled. I, § 11, is coextensive with the corresponding prohibition in the United States Constitution, U.
Letalien, 2009 ME 130 which expanded the category of those not required to register. LEGISLATIVE CHANGES On September 11, 2009 the following legislation went into effect in response to legislative concerns about the ex post facto nature of the SORNA scheme: 1. Notwithstanding section 11202, a person sentenced on or after January 1, 1982 and prior to June 30, 1992 is not required to register under this chapter if that person submits to the bureau, in a form to be determined by the bureau, documentation to establish the following: A. The Court specifically acknowledged the extensive legislative and judicial history of sex offense registration in Maine. The Law Court ultimately concluded in Letalien that Maine’s SORNA statute was unconstitutional as applied to certain defendants.
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On December 22, 2009 Maine’s Law Court issued an opinion in the case of State v. § 11202-A and the Law Court’s decision in Letalien, described below, is that the registrant must take affirmative actions to deregister. Letalien, 2009 ME 130 which had significant impact in determining who is subject to registration.