Chapdelaine v Neronha
- Filed: 10/29/2015
- Status: Active
- Latest Update: Oct 29, 2015
This is a class action lawsuit filed in U.S. District Court which challenges the constitutionality of a law that makes it a crime for certain sex offenders to reside within 1,000 feet of a school. The suit argues that the residency prohibition that the law places on all Level 3 sex offenders is unconstitutionally vague, violates due process, retroactively punishes those who have already completed their sentences, and interferes with “liberty and privacy interests while bearing no rational relationship to a legitimate purpose.” Current Status: Lawsuit filed in October 2015.
In 2018, the RI General Assembly amended the State's SORNA law. Text of that law can be found here
Nov 04, 2015
Temporary Restraining Order to Stop Enforcement of Residency Restrictions for Sex Offenders Extended
The 10-day temporary restraining order granted by a federal judge last week halting the enforcement of the state law prohibiting Level 3 sex offenders from living within 1,000 feet from a school has been extended through at least mid-January.
Oct 29, 2015
ACLU Files Class Action Suit Challenging Residency Restriction; Injunction Sought To Stop Law
Oct 16, 2015
Groups Call on Attorney General to Establish Uniform Enforcement of Sex Offender Residency Law
The ACLU of Rhode Island and four other organizations are urging Rhode Island Attorney Peter Kilmartin to establish a uniform enforcement policy for the state’s new residency restriction law prohibiting individuals convicted of certain sex offenses from living within 1,000 feet of a school.
Oct 08, 2015
Statement from the ACLU of Rhode Island on the State's Sex Offender Residency Law
The ACLU of Rhode Island issued the following statement today in response to a meeting held last week by the Department of Corrections’ probation and parole division, at which dozens of sex offenders were told they must leave their current residence in order to comply with a recently-enacted state law: “In June, the General Assembly passed a law making it a crime for certain registered sex offenders to reside within 1,000 feet of a school. Last week, individuals purportedly subject to that law were given 30 days to move or else face a five-year prison sentence. “It is the ACLU’s firm belief that, in addition to being unwarranted, misguided and counter-productive, this new law raises grave constitutional concerns. Within the month, we plan to file a lawsuit challenging the statute and seeking a court order to halt its implementation. “It is important to emphasize the wide range of organizations – including advocates for the homeless, advocates for victims of sexual assault, the American Correctional Association, and the Association for the Treatment of Sexual Abusers – that agree these laws are ill-advised and likely to make the community less, not more, safe. “It is unfortunate that the legislature and Governor chose to ignore that testimony when it was presented to them. It is especially disheartening and intolerable that the state has given individuals only 30 days to uproot themselves from where they may have lived for years, even if it means making them homeless. “We are hopeful that, upon careful review by a court, this unwise law will be struck down.”
Related News & Podcasts
Nov 04, 2015
Temporary Restraining Order to Stop Enforcement of Residency Restrictions for Sex Offenders Extended
The 10-day temporary restraining order granted by a federal judge last week halting the enforcement of the state law prohibiting Level 3 sex offenders from living within 1,000 feet from a school has been extended through at least mid-January.
Oct 29, 2015
ACLU Files Class Action Suit Challenging Residency Restriction; Injunction Sought To Stop Law
Oct 16, 2015
Groups Call on Attorney General to Establish Uniform Enforcement of Sex Offender Residency Law
The ACLU of Rhode Island and four other organizations are urging Rhode Island Attorney Peter Kilmartin to establish a uniform enforcement policy for the state’s new residency restriction law prohibiting individuals convicted of certain sex offenses from living within 1,000 feet of a school.
Oct 08, 2015
Statement from the ACLU of Rhode Island on the State's Sex Offender Residency Law
The ACLU of Rhode Island issued the following statement today in response to a meeting held last week by the Department of Corrections’ probation and parole division, at which dozens of sex offenders were told they must leave their current residence in order to comply with a recently-enacted state law: “In June, the General Assembly passed a law making it a crime for certain registered sex offenders to reside within 1,000 feet of a school. Last week, individuals purportedly subject to that law were given 30 days to move or else face a five-year prison sentence. “It is the ACLU’s firm belief that, in addition to being unwarranted, misguided and counter-productive, this new law raises grave constitutional concerns. Within the month, we plan to file a lawsuit challenging the statute and seeking a court order to halt its implementation. “It is important to emphasize the wide range of organizations – including advocates for the homeless, advocates for victims of sexual assault, the American Correctional Association, and the Association for the Treatment of Sexual Abusers – that agree these laws are ill-advised and likely to make the community less, not more, safe. “It is unfortunate that the legislature and Governor chose to ignore that testimony when it was presented to them. It is especially disheartening and intolerable that the state has given individuals only 30 days to uproot themselves from where they may have lived for years, even if it means making them homeless. “We are hopeful that, upon careful review by a court, this unwise law will be struck down.”
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