State v. Reed

Registration for sex offenders mandated by the Kansas Offender Registration Act (KORA) does not constitute punishment under the Ex Post Facto Clause of the United States Constitution.When Appellant was convicted of aggravated indecent liberties with a child, KORA required him to register for ten years. Before Appellant’s registration period expired, the Kansas Legislature amended KORA by adding a tolling provision tolling the registration period of an offender who was imprisoned or noncompliant with KORA. During the decade following his conviction, Appellant was noncompliant for at least four years and two months, and therefore, his registration period was extended. During the extended period, Appellant committed two additional offender registration violations and pleaded guilty to the offender registration violations. Appellant later moved to withdraw his plea because he was not required to register at the time of the alleged violations. The district court denied the motion. The Supreme Court affirmed, holding that registration pursuant to KORA for sex offenders is not punishment and that the district court did not abuse its discretion in denying Appellant’s motion to withdraw his plea. View "State v. Reed" on Justia Law