Doe v. OODonnell and New York's Sex Offender Registration Act: The Problem of Continued Registration Under SORA after Leaving the State

Abstract

The last two decades have seen the passage of sex offender registration and community notification laws in every state, including the District of Columbia, and at the federal level. In 1995, New York State enacted the New York Sex Offender Registration Act (SORA), requiring convicted sex offenders to report annually to the Division of Criminal Justice Services (DCJS), by providing address verification and other identifying information. The statute further mandates community notification, enabling law enforcement to make information about sex offenders and their whereabouts available for public consumption and awareness. In addition to registration and community notification, the statute also requires that sex offenders inform the DCJS within ten days of a change of address both within and outside the state. The statute does not explicitly state whether a sex offender must continue to register in New York upon relocating to another state. In 2011, the Appellate Division, Third Department (Appellate Division) in Doe v. O’Donnell held that in the absence of such an explicit provision, the statute should be construed so as to assume continued registration. The result of this ruling is a law imposed by New York State that requires residents of other states to continue to register as sex offenders even if they no longer live in New York and conceivably no longer pose a danger to the residents therein. This Note will focus on the New York Sex Offender Registration Act’s registration requirement and its interpretation by the Appellate Division in Doe v. O’Donnell. It will consider the many implications of requiring continued registration in New York after a registered sex offender has relocated to another state — including issues of state sovereignty and offenders’ rights — and will propose a potential judicial solution that seeks to address these implications in a way that does not offend relations between states or the rights of those who must register under SORA.