January 26, 2011 | 10:55 AM | By

Would a registry for convicted murderers be legal?

FILED UNDER: Corrections, Illinois, Registry, Sex Offenders

An Illinois assemblyman is proposing a sex-offender-style registry for convicted murderers.

More interesting ideas out of the state of Illinois today: a lawmaker there is proposing to create a registry for convicted murderers. In the style of Megan’s Law–which many states passed to launch websites that show histories, photos, and locations of released convicted sex offenders–Rep. Dennis Reboletti authored “Andrea’s Law” which would do the same for convicted murderers. According to the Chicago Daily Herald:

“The bill was prompted by the release of Justin Boulay last November after he served 12 years of a 24-year sentence for the first-degree murder of his ex-girlfriend Will at Eastern Illinois University in downstate Charleston in 1998. He was found to have lured Will to his apartment with the promise of a birthday gift and strangled her with a telephone cord…

Reboletti added that, for now, it was in part intended to correct inequities in murder sentences. Boulay committed the crime in 1998 before truth-in-sentencing laws took effect that ended the policy of ‘day-for-day time’ that permitted him to get out on good behavior after serving just half his sentence. Since then, convicted murderers have been subject to mandatory sentences with no possibility of parole.”

Apparently, other states, like Hawaii and Connecticut, are considering or have considered similar registries. But are they legal?

In California, at least, there’s been an ongoing debate over the legality of sex offender laws that affect those who’ve already been sentenced for their crimes. Namely, if a law is meant to punish someone, almost as part of their sentence, it may have to pass before the person commits the crime (or at least, is convicted of the crime). It’s an issue of retroactivity–the idea that a person can’t be given a punishment that, at the time, wasn’t on the table. On the other hand, if the registry requirement enhances public safety without actually creating a new punishment, legally, retroactivity is less likely an issue.

In this case, the lingo coming out of Illinois seems pretty punitive. Take Reboletti’s statement to a Chicago ABC affiliate on the proposed law:

“I think it’s gonna serve as a deterrent, as a watchful eye over these individuals, that they are not going to be able to sneak back into the community and begin their lives.”

Does it also have a strong public safety component? Is there a benefit to expanding the crime registry to include all violent crimes? Those arguments seem to be less in the news right now, but are sure to be debated as this bill goes forward.

  • Anonymous

    “I think it’s gonna serve as a deterrent, as a watchful eye over these individuals, that they are not going to be able to sneak back into the community and begin their lives.”

    Seriously, what in the &%^*$# did he think they were going to do when they were done with the punishment society decided was their due for the crime they committed. Does this, or any other idiot legislator think that people that have served their time can re-enter their community and become a valued individual if the “law” feels it necessary to punish them after the fact until they die? Anyone released from prison should be given the right to re-enter society and do well without being pointed out as a failure, over and over and over. Get real… Hopefully California will have the brains to not only resist this idiocy but to also re-write Jessica’s and Marcy’s laws to make it possible for people that have served their time to re-integrate successfully, with the support of their family, friends and community.

  • Fed Up

    Hmmm not considered further punishment. Well lets see what the law maker considers to be not punishment. I had a minor “sex crime” 26 years ago. Not intended, nothing forced. I did not know the girl was underage by a few years. I was 20 at the time. We did not have sex but fooled around in my car. I never went to prison for this. Yet in 1996 I was forced onto the reg. I lost everything, wife home kids job had to live in my car in the winter. I fixed my life over the years and did very well. Then in 07 a full 23 years later I was forced onto the public internet for all to see. An offender against kids. 1996 was nothing! Now people think I rape kids, people will not talk to me, I lost jobs again, my kids are picked on, people in my neighborhood want me out. One neighbor had his mail sent to my address by mistake. He called the police on me. Why? still not sure. Now six months ago my girlfriend of many years says she can’t take being shunned any longer and the rest of the non punishing reality of these laws. So she takes off. We owned a home togeather. Now the bank in forclosing as I can’t afford it on my own. the list does go on with what A deal with. This does not even get into what this all does to me mentaly. It is hard to wake up every day knowing you are hated just for existing. Not punishment! Really! If I said what I would like to see happen to law makers I would end up in trouble. Oh just so you know I have never had a six crime before of after 1985. Hope you all feel protected

  • Anonymous

    Fed up—Until those effected by these laws band together to fight, it will continue. I have spent the last 3 years of my life trying to get people involved. While the state is insisting that this is for public safety for children, they destroy thousands of children who have a loved one, unnecessary, on the public registry. Our son also “fooled around” with a girl who claimed to be 19. His life, and that of his family was over. If you’re like us, you probally never knew what true civil rights violations were like until Jessica’s Law went into effect. Let them put everyone that has a felony one a public registry and let’s see how much tax money we have left for any thing else.
    Find a group and get involved, or contact Mary Duval of SOSEN. (google it) She can put you in touch with someone.