Monday, April 07, 2014

Sex Offender Registration Requirements Are Not "Custody" for Habeas Purposes

Calhoun v. Attorney General of the State of Colorado, 2014 WL 1015919 (3/18/14) (Col.) (Published) - Mr. Calhoun was not in custody for habeas purposes by virtue of the fact that, because of the conviction he challenged, he had to register as a sex offender. The registration requirement did not constitute a severe enough restraint on his liberty to amount to custody. It wasn't enough that he could be incarcerated if he didn't register. And, as we all know, registration requirements are remedial, not punitive.