Department of Public Safety & Correctional Services v. Doe
439 Md. 201
| Md. | 2014Background
- Doe I held that retroactive application of Maryland’s sex offender registry violated ex post facto under Article 17 of the Maryland Declaration of Rights and did not address SORNA.
- The instant appeal asks whether circuit courts can order removal of state registration information from federal databases in light of SORNA’s requirements.
- The cases involve three individuals with pre-2010 Maryland registration consequences (Doe, Roe, Amicus) and a related certification from the Court of Special Appeals.
- Lower courts had ordered removal of registry information from Maryland and, allegedly, federal databases; the State sought to enforce removal consistent with Doe I.
- The Court reasons that SORNA creates an independent federal obligation to register but must be harmonized with Maryland’s constitutional limitations; the State cannot be compelled to accept unconstitutional registration.
- The court holds that the circuit court’s order to remove information from “federal databases” was misworded; the proper relief is removal from Maryland’s registry and notification to federal agencies, with possible alternative procedures under SORNA §125(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to remove from federal databases | State: circuit court can compel removal from federal databases under SORNA. | Appellees: removal from federal databases is not required when Maryland law is unconstitutional. | Circuit court may not compel removal from federal databases; must remove from Maryland registry and notify federal agencies. |
| Effect of SORNA where Maryland unconstitutional retroactivity exists | SORNA independent duty requires registration despite Maryland’s unconstitutionality. | Maryland constitutional limits override; state cannot enforce registration. | SORNA §125(b) contemplates conflict; state must pursue reasonable alternative procedures and remove Maryland records. |
| Scope of relief and certification (remand instructions) | Removal from all databases is required by the circuit court’s order. | The order should be limited to Maryland registry and notifying federal agencies. | Certified question answered with modification: remove from Maryland registry and related databases; notify relevant federal agencies. |
Key Cases Cited
- Doe v. Department of Public Safety & Correctional Services, 430 Md. 535 (2013) (Doe I; retroactive registration unconstitutional under Md. Decl. of Rights)
- Gould, 568 F.3d 459 (4th Cir. 2009) (independent federal duty to register; states may decline to accept registration)
- Kennedy v. Allera, 612 F.3d 261 (4th Cir. 2010) (federal duty to register not dependent on state law; state may reject registration)
- Andrews v. State, 978 N.E.2d 494 (Ind. Ct. App. 2012) (Indiana permits removal where retroactive state law unconstitutional)
- Starkey v. Oklahoma Dep’t of Corr., 305 P.3d 1004 (Okla. 2013) (retroactive application of state sex offender registration unconstitutional)