MARYLAND "RETROACTIVE" SEX OFFENDER REGISTRY UNCONSTITUTIONAL

Department of Public Safety and Correctional Services v. John Doe, Misc. No. 1, September Term 2013; and Hershberger v. John Roe, No. 103, September Term 2013 (Opinion by Justice Greene).
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Statutory Interpretation: Sex Offender And Notification Act ("SORNA"):
Under Maryland law, the retroactive application of Maryland's sex offender registry is unconstitutional [Doe v. Department of Public Safety & Correctional Services, 430 Md. 535, 62A.3d 123 (2013)].
The federal Sex Offender Registration and Notification Act ("SORNA"), Pub. L. No. 109-248, §§ 101-155, 120 Stat. 587, 590-611 (2006) (codified at 42 U.S.C. §16901, et seq. and 18 U.S.C. 2250) includes both directives to the states regarding the implementation of a sex offender registration scheme and directives to individual sex offenders to register in the state in which they reside, are employed, or are a student.
Where SORNA includes a provision regarding the resolution of conflicts between the federal law and state constitutions, an individual to whom the registration requirement would be applied retroactively cannot be required to register involuntarily as a sex offender in Maryland.

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