Alaska Appeals Court: Reconsider Sex Offender's Bar On Taking His Children To Church

In Binder v. State of Alaska, (AK, March 30, 2016), an Alaska appeals court remanded a case to the trial court to reconsider defendant's request that his conditions of probation be modified to allow him to visit and attend church with his children. The court said that it was not enough to leave this issue to the discretion of defendant's probation officer. Instead the court should decide whether, for example, defendant could attend church with his children supervised by a person approved by the court or his probation officer. The appeals court explained:

When probation conditions potentially infringe fundamental constitutional rights, a sentencing judge must scrutinize the conditions and consider whether less restrictive alternatives might suffice.

In N.J., Registered Sex Offender Not Barred From Mentoring Youth In Church Ministry

In State of New Jersey v. S.B., (NJ App., March 22, 2016), a New Jersey appellate court held that  a youth ministry associated with a church, where a registered sex offender is a congregant volunteer, is not a "youth serving organization" under New Jersey's sex offender statute.  In the case, defendant had notified church pastors and elders of his prior sexual assault convictions, as required by state law.  The church nevertheless allowed defendant to supervise and mentor 12 to 17 year-olds at scheduled events of the No Limits Youth Ministry, such as outings, movie nights, concerts, youth group meetings, and day camp.  In affirming the dismissal of an indictment of defendant for participating in a "youth serving organization", the court concluded that the legislature deliberately excluded religious organizations from the definition of organizations in which sex offenders are barred.

Indiana Agrees To Narrow Interpretation of Sex Offender Restriction, Alleviating Religious Freedom Issue

AP reported yesterday that the ACLU of Indiana has agreed to a judge's dismissal of a lawsuit it filed (see prior posting) challenging restrictions on serious sex offenders after the state agreed to an interpretation of the law that essentially resolves the problem.  Indiana Code § 35-42-4-14 bars serious sex offenders from entering "school property," and the ACLU feared that this had the effect of prohibiting these offenders from attending worship services in churches, mosques or synagogues located on the same property as parochial schools. However now the state agrees that the ban only applies to worship services when they are held in a building owned by a private school (or leased by it).  It does not apply to worship services in the church, mosque or synagogue's own building.

ACLU Uses Indiana RFRA In Suit Challenging New Restrictions On Sex Offenders

The ACLU of Indiana filed a lawsuit yesterday challenging the prohibition in a newly enacted state law that keeps certain registered sex offenders from attending religious services. (ACLU press release).  At issue is Indiana Code § 35-42-4-14 (eff. July 1, 2015) that bars certain registered sex offenders from entering school property.  The complaint (full text) in John Doe I v. Allen and Elkhart County Prosecutors, (IN Super. Ct., filed 7/1/2015), alleges in part:

This statute ... [bans serious sex offenders] from going to worship in churches, synagogues, mosques, or other religious buildings that are located on the same as property parochial schools or certain preschool programming. Banning sex offenders from ... church on Sunday, because there are students in a school on the same grounds on Monday, is irrational and violates the due process of law protected by the Fourteenth Amendment.... It also violates Indiana’s newly enacted Religious Freedom Restoration Act, Indiana Code § 34-13-9-0.7, et seq. (eff. July 1, 2015), which prohibits government from imposing a substantial burden on a person’s exercise of religion absent a compelling governmental interest and a showing that the action is the least restrictive means to further that interest.

AP reports on the lawsuit and reactions to it.

Church Attendance Did Not Violate Sex Offender's Probation Terms

Bangor Daily News reports that a Maine state trial court judge ruled yesterday that convicted sex offender Jason Simpson did not violate the terms of his probation by attending a church service where children were present.  Simpson was convicted in 2007 on 8 counts of gross sexual assault involving a 5-year old boy and 7-year old girl. Conditions of his probation included no contact with children.  Simpson did not speak to any child at the March 22 church service in Augusta that he attended, but a woman whose grandchildren were in church reported Simpson to his probation officer.

Sheriff Tells Registered Sex Offenders To Attend Church At County Jail

In Graham County, North Carolina, the sheriff last month sent a letter (full text) to the 20 registered sex offenders in his county telling them that a North Carolina law barring offenders from being within 300 feet of premises where minors are supervised means that they may not attend church. The letter continues:

This is an effort to protect the citizens and children of the community.... That is why I am letting you know that if you want to go to a church service you are welcome to come to the Graham Co. Jail on Sunday's to attend church services.

Reporting yesterday, WCNC News  says that Sheriff Danny Millsaps now concedes that his wording may not have been totally correct, but he stands by his interpretation of the law.