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Abstract: 

Post-release laws regulating sex offenders are distinguished from punishment, because the intention of these laws is to protect the public and reduce recidivism by controlling and monitoring sex offender behavior. Such laws are based on assumptions about the origins of the sex offender’s criminal behavior, which are varied among the sex offender population and often depend on the type of offending the individual engaged in. The subtleties of sex offender motivations are not contemplated by law enforcement in applying the regulations, and policymakers often tend toward uniform application of a given policy for legal reasons. Researchers cited in this article noted that “anyone convicted of any crime that happens to be termed a ‘sex offense,’” was subject to the same regulations and registration requirements, “with little regard to whether the assumptions underlying post-release laws are equally well suited to the nature of each and every triggering offense and covered offender.” These policies may be backfiring.

Keywords: sex offender policy; public records; recidivism

Affiliations:  1: Editor, Sex Offender Law Report.