State officials contend the Maryland Court of Appeals justices didn't consider a federal law governing sex offenders. He sued to keep his name off the list, but a circuit judge rejected his claim. His attorney, Nancy S. Forster, Maryland's former chief public defender, said being on the registry has proven to be punishment in addition to the prison time he served. Is found guilty by jury or judicial officer; Enters plea of nolo contendere ; Is granted probation before judgment after a finding of guilt for a crime; or Is found not criminally responsible for the crime due to mental incapacity. He also received three years of probation.
The law expanded the range of offenses that require registration, forced sex offenders to make periodic in-person appearances at law enforcement agencies and changed the required minimum duration of registration for sex offenders, according to the justice department. But the Court of Appeals ruled that Haines, 53, should not be on the sex offender registry because it did not exist at the time of his crime. State officials contend the Maryland Court of Appeals justices didn't consider a federal law governing sex offenders. Brenda Jones, executive director of Families Advocating Intelligent Registries, hailed the decision to remove his name from the registry. Maryland Sex Offender Registry Laws Maryland Sex Offender Registry Laws Under federal law, each state is required to create and maintain sex registries to monitor those convicted of certain sex offenses. Advocates for more-forgiving sex offender laws say the high court ruling should free other ex-convicts from the registry. Binetti said the state chose to abide by the order rather than fight the contempt charge. It's important to note that defendants can be removed from the registry if their convictions are overturned on appeal , subject to a pardon, or expunged from their record. In , responding to the federal registry requirements, Maryland enacted its statewide sex offender registry which applies retroactively and which breaks down sex offenses into the following three tiers. He was released from prison in And the court ordered him to register as a child sexual offender. An Overview The chart below contains more specific information on Maryland sex offender registry laws. Forster, Maryland's former chief public defender, said being on the registry has proven to be punishment in addition to the prison time he served. Forster has said she doesn't believe the federal law supersedes any state laws or rulings and that the federal act has provisions governing when state and federal registration laws conflict. Three other former students also came forward during an investigation, accusing Haines of molesting them, the report said. The claims were never reported to law enforcement until , when the victim contacted Maryland State Police and said she had been raped when she was 13, the police report said. Haines accepted a plea agreement in that dropped a second-degree rape charge and other sex offense charges. The state attorney general's office maintains that Haines should not have been removed from the sex offender registry because the federal Sex Offender Registration and Notification Act requires him to be on it "irrespective of whether he can be obligated to register under Maryland law," according to a previous motion state lawyers filed. He declined to comment through Forster. David Paulson, spokesman for the Maryland attorney general's office, said the state will resurrect the issue of federal jurisdiction. State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means. The state attorney general's office argued that Congress wanted to create a "nationwide public safety system" to ensure all sex offenders register. In legislators expanded the registry parameters, and Haines was again ordered to register as a child sex offender, this time for 10 years. Binetti said even if state registration requirements don't apply to people convicted of sex crimes, the department must adhere to the federal law. Maryland man gets name removed from sex offender list Justin George, The Baltimore Sun A man has succeeded in forcing the state to remove his name from its sex offender database after years of litigation, prompting advocates for more-forgiving sex offender laws to lobby for hundreds of others with similar circumstances to get off the registry, too. While his name remained on the registry, his case was appealed to Maryland's highest court.
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