Commonwealth v. Woodruff

46 Pa. D. & C.5th 95
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedMarch 6, 2015
DocketNo. 02 CR 872
StatusPublished

This text of 46 Pa. D. & C.5th 95 (Commonwealth v. Woodruff) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Woodruff, 46 Pa. D. & C.5th 95 (Pa. Super. Ct. 2015).

Opinion

NEALON, J.,

Defendant, who was sentenced for indecent assault of a twelve-year old girl in 2004 and required to register and report as a sexual offender for a period of ten years under the then-existing version of Megan’s Law, has challenged the retroactive application of the Sexual Offender Registration and Notification Act (SORNA), 42 Pa.C.S. §§ 9799.10-9799.41, which became effective on December 20, 2012, and now imposes a lifetime obligation upon defendant to report in-person at an approved registration site four [97]*97times per year, in addition to ad hoc appearances to update information as changes occur and to disclose international travel plans. Defendant contends that: (1) by utilizing his guilty plea date as the commencement period for his registration responsibilities, he should be regarded as having completed his ten-year registration requirement prior to the effective date of SORNA; and (2) even if SORNA is applicable, it violates the ex post facto clauses of the United States and Pennsylvania Constitutions which prohibit the retroactive application of a law that imposes greater punishment than the law annexed to the crime when it was committed.

The plain language of SORNA clearly states that it applies to any person who was required to register as a sexual offender prior to SORNA’s effective date of December 20,2012, but had not fulfilled those registration responsibilities by that date. Since defendant was granted parole on October 14,2003, and first registered as a sexual offender on that date, he had not completed his ten-year registration requirement prior to SORNA’s effective date of December 20, 2012. Consequently, he is subject to the registration and verification provisions of SORNA.

Although the ex post facto clauses of the federal and state constitutions prohibit laws which inflict greater punishment than the law that was in effect when the crime was committed, they do not bar the retroactive application of a non-punitive regulatory scheme. The general assembly’s subjective purpose in enacting SORNA was to create a civil regulatory scheme, rather than a criminal penalty. Furthermore, based upon the relevant factors articulated by the United States and Pennsylvania Supreme Courts, SORNA is not so punitive in its purpose or effect as to negate the general assembly’s stated intent to deem it [98]*98civil. Accordingly, defendant has not established that the retroactive application of SORNA violates the federal or state ex post facto clauses, and his petition to reassess or reclassify his registration period will, therefore, be denied.

I. FACTUAL BACKGROUND

On October 7, 2002, defendant, Matthew Woodruff (“Woodruff’), pled guilty to one count of indecent assault, a misdemeanor of the first degree under 18 Pa.C.S. §§ 3126(a)(7) and (b)(3), for touching the vaginal area of a twelve year old minor when defendant was twenty years of age. (Transcript of Proceedings (“T. P.”) on 10/7/02, filed as docket entry no. 14, at pp. 6-13). In conjunction with his guilty plea, defendant submitted to a “Megan’s Law Colloquy,” which included his acknowledgment that he would “be required to register with the Pennsylvania State Police (“PSP”) for a period of at least ten (10) years from [his] release from incarceration.” (Id. at pp. 10-13; docket entry no. 16) (emphasis added). A pre-sentence investigation (PSI) was ordered, (T. P. 10/7/02 at pp. 9-10, 13), and in the interim, defendant was directed to undergo an assessment by the Pennsylvania Sexual Offender Assessment Board (SOAB) under the existing version of Megan’s Law, 42 Pa.C.S. §§ 9791 — 9799.9, which later expired on December 20, 2012, and was supplanted by SORNA. (Docket entry no. 15). On December 5, 2002, SOAB submitted its assessment which concluded that defendant was a “sexual offender,” but not a “sexually violent predator.” (T. P. 1/31/03 at pp. 2-5).

Based upon defendant’s prior record score of zero (0) and the offense gravity score of five (5) for his indecent assault charge, the recommended minimum sentence under the sentencing guidelines ranged from probation (restorative sanctions) to nine months incarceration. (Id. [99]*99at p. 12). On January 31, 2003, defendant was sentenced to be incarcerated for a minimum period of six months to a maximum period of eighteen months, to complete sexual offender counseling, to refrain from contact with the victim, to complete twenty-five hours of community service, and to comply with the registration requirements under Megan’s Law for a period of ten years. (Id. at pp. 12-15). On the date of his sentencing, defendant and his counsel executed a “Sexual Registration Notification Form” acknowledging his registration obligations under that law.1 (Docket entry no. 23).

On February 10, 2003, defendant filed a “motion for reconsideration of sentence” in which he asserted that “the sentence of imprisonment” should be vacated since defendant (1) “has a severe handicap with complete loss of vision in his right eye and minimal vision in his left eye,” (2) comes from “a dysfunctional family with a father who is incarcerated in state prison and a mother he has not seen since September 2002,” and (3) did not use “any force or violence” in committing the offense. (Docket entry no. 24 at ¶4). Defendant’s motion for reconsideration was denied on February 11, 2003. (Docket entry no. 25). Upon the recommendation of the Lackawanna County [100]*100Adult Probation and Parole Department, and after being incarcerated for almost nine months, defendant was granted parole on October 14, 2003, and first registered with the Pennsylvania State Police as a sexual offender upon being released from prison on parole. (Docket entry no. 33). On September 14,2004, his parole was terminated through the expiration of his maximum sentence. (Docket entry no. 35).

More than ten years after the expiration of his sentence, defendant filed the instant “petition to reassess or reclassify period of registration under PA. Registration of Sexual Offender’s Act” on November 25, 2014. (Docket entry no. 38). Defendant avers in his petition, and the Commonwealth admits in its response to defendant’s petition, that under the registration requirements “in effect at the time of his conviction, [defendant] was required to register for a period of 10 years.” (Id. at ¶ 4; docket entry no. 41 at ¶4). Defendant and the Commonwealth further agree that as of December 20, 2012, defendant “was not incarcerated, under probation or parole supervision or any type of supervision for a sexually violent offense,” but that “[s]ometime after January 3, 2013, [he] received a letter from the Pennsylvania State Police that his sexual offender classification was now a Tier 3 and [that] he was now required to register for life.” (Id. at ¶¶5-6). Noting that he “does not reside in Pennsylvania, has no intent to relocate and is totally disabled as a result of being blind,” defendant requests in his petition that the court “reassess or reclassify his period of registration from lifetime registration to 10-year registration.”2 (Id. at ¶¶ 7, 9).

[101]*101In opposing defendant’s request, the Commonwealth submits that although the defendant was subject to a ten-year registration at the time of his sentence, SORNA became effective on December 20,2012, while “defendant was still subject to the original registration requirements.” (Docket entry no. 41 at pp. 1, 3).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hallmark v. Johnson
118 F.3d 1073 (Fifth Circuit, 1997)
Kennedy v. Mendoza-Martinez
372 U.S. 144 (Supreme Court, 1963)
United States v. Ursery
518 U.S. 267 (Supreme Court, 1996)
Kansas v. Hendricks
521 U.S. 346 (Supreme Court, 1997)
Carmell v. Texas
529 U.S. 513 (Supreme Court, 2000)
Smith v. Doe
538 U.S. 84 (Supreme Court, 2003)
Femedeer v. Haun
227 F.3d 1244 (Tenth Circuit, 2000)
Randt v. Abex Corp.
671 A.2d 228 (Superior Court of Pennsylvania, 1996)
Commonwealth v. Williams
832 A.2d 962 (Supreme Court of Pennsylvania, 2003)
Lehman v. Pennsylvania State Police
839 A.2d 265 (Supreme Court of Pennsylvania, 2003)
Commonwealth v. Gaffney
733 A.2d 616 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Williams
733 A.2d 593 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Benner
853 A.2d 1068 (Superior Court of Pennsylvania, 2004)
Wetzel v. City of Altoona
618 A.2d 1219 (Commonwealth Court of Pennsylvania, 1992)
Commonwealth v. Nase
104 A.3d 528 (Superior Court of Pennsylvania, 2014)
State v. Trosclair
89 So. 3d 340 (Supreme Court of Louisiana, 2012)
Commonwealth v. Allshouse
36 A.3d 163 (Supreme Court of Pennsylvania, 2012)
Commonwealth v. Abraham
62 A.3d 343 (Supreme Court of Pennsylvania, 2012)
Commonwealth v. Neiman
84 A.3d 603 (Supreme Court of Pennsylvania, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
46 Pa. D. & C.5th 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-woodruff-pactcompllackaw-2015.