226 N.C. App. 465
N.C. Ct. App.2013Background
- McClain pled guilty in 2001 to indecent liberties with a child and was sentenced to imprisonment, probation, and sex-offender registration.
- He registered on 7 August 2001 under N.C.G.S. § 14-208.7 and later sought removal from the registry after ten years.
- At the removal hearing (2012), McClain admitted a ten-year period during which he was convicted of a felony for failure to comply with registry obligations and imprisoned, i.e., he did not have a clean record.
- The superior court denied removal because the relief must comply with federal standards under N.C.G.S. § 14-208.12A(al)(2).
- McClain challenged the constitutionality of incorporating the Adam Walsh Act and SORNA into NC law as an unconstitutional delegation of legislative authority.
- The court reviews the issue de novo and ultimately affirms the trial court’s denial, holding the delegation not unconstitutional and that removal was properly denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of incorporating federal standards | McClain argues the reference to federal standards is an unconstitutional delegation. | State contends the legislature can align state law with federal requirements to receive federal funds. | Not an unconstitutional delegation. |
| Whether removal could be denied for lack of a clean record | McClain argues removal should be allowed if requirements are otherwise met. | State asserts lack of a clean federal record forecloses removal. | Removal denied. |
| Discretion to deny relief even if federal standards are met | If standards are met, relief should be granted. | Court may deny relief after fact findings even if some standards are met. | Court may exercise discretion to deny relief. |
Key Cases Cited
- Piedmont Triad Reg’l Water Auth. v. Sumner Hills Inc., 353 N.C. 343 (2001) (de novo review and constitutional rights implications)
- Guilford Cty. Bd. Of Educ. v. Guilford Cty. Bd. Of Elections, 110 N.C. App. 506 (1993) (declarations favoring constitutional presumptions for acts of the General Assembly)
- State v. Rhoney, 42 N.C. App. 40 (1979) (statutory delegation evaluated against external standards)
- Foster v. N.C. Med. Care Comm’n, 283 N.C. 110 (1973) (definition of lawful delegation of legislative authority)