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45 Colum. J.L. & Soc. Probs. 273 (2011-2012)
Retroactive Application of the Sex Offender Registration and Notification Act: A Modern Encroachment on Judicial Power

handle is hein.journals/collsp45 and id is 277 raw text is: Retroactive Application of the Sex Offender Registration and Notification Act: A Modern Encroachment on Judicial Power REBECCA L. VISGAITIS* In the past decade, preventing sexual offenses has become a pressing con- cern throughout the United States. Following a series of kidnappings and rapes committed by individuals who had previously been convicted of sim- ilar offenses, legislatures at both state and federal levels passed extensive legislation creating a system of sex offender registration and community notification. The most recent legislation at the federal level is the Sex Of- fender Registration and Notification Act of 2006, which created stricter registration requirements that apply to a broader class of offenders and ex- tend for longer durations of time than what was mandated by previous federal legislation. Pursuant to a federal regulation, the Act has been ap- plied retroactively to offenders who had already been given registration re- quirements and durations at the discretion ofjudges prior to the Act's pas- sage. This retroactive application means that many offenders nww face much harsher registration requirements than what a court may have al- ready deemed necessary. Such disposal of judicial determinations raises significant concerns under the separation of powers doctrine, a fundamen- tal feature of American constitutional jurisprudence. An executive regula- tion overruling judicial decisions places tension on the balance required by the doctrine. This Note examines the conflict and proposes alternative ways to achieve the goal of keeping communities safe without such consti- tutional tension. * Managing Editor, COLUM. J.L. & SOC. PROBS., 2011-2012. J.D. Candidate 2012, Columbia Law School. The author would like to thank Professor Mark Barenberg for his assistance in developing a topic, and her fellow editors for providing helpful feedback throughout the publication process.

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