Zoned In: How Residence Restrictions Lead to the Indefinite and Unconstitutional Detention of New Yorkers Convicted of Sex Crimes

Authors

Rebecca Tunis, New Jersey Office of the Public DefenderFollow

Volume

2023

First Page

55

Last Page

89

Publication Date

2023

Document Type

Note

Abstract

Despite the New York Court of Appeals majority holding in People ex rel. Johnson, New York’s policy of detaining individuals beyond their maximum sentence because they are unable to procure SARA-compliant housing is plainly unconstitutional. The policy violates sex offenders’ fundamental right to be released from prison after serving their sentence. Further, the policy fails to meet even the most relaxed form of judicial review because the state has not shown that it benefits public safety. Indeed, there is virtually no evidence proving that this policy serves to protect the public at all, and a growing body of research shows that restrictive residence constraints create hardships that lead to recidivism. Finally, the policy violates sex offenders’ Eighth Amendment rights because it punishes them for being homeless, a status imposed upon them by the sex offender statute itself.

Keywords

Immigration Law, Judges, Sex, Sex Offenders, Sex Crimes, Cultural Property, Cultural Practices and Property

Recommended Citation

Rebecca Tunis, Zoned In: How Residence Restrictions Lead to the Indefinite and Unconstitutional Detention of New Yorkers Convicted of Sex Crimes, 2023 Cardozo L. Rev. De-Novo 55 (2023).
Available at: https://larc.cardozo.yu.edu/de-novo/96