Maves v. State, Department of Public Safety

CRIMINAL LAW

Melissa Gustafson

In Maves v. State, Department of Public Safety, 479 P.3d 399 (Alaska 2021), the supreme court held sexual assault convictions set aside by courts before the 1999 amendment to the Alaska Sex Offenders Registration Act (ASORA) do not constitute “convictions” as outlined in the statute. (Id. at 402). In 1997, Maves plead guilty to two counts of sexual assault in Colorado. (Id. at 400). In 2002, a Colorado court allowed Maves to withdraw his guilty plea to one of the sexual assault offenses and dismissed it with prejudice. (Id.). After moving to Alaska in 2015, the Department of Public Safety (Department) required Maves to register as a sex offender for life under ASORA. (Id.). In determining the length of registration, the Department followed the 1995 regulation which defined “conviction” to include judgments set aside under Alaska’s statute or a similar procedure in a differing jurisdiction. (Id. at 400–401). On appeal, the Department argued that Maves must register for life because the 1995 regulation, which was a valid use of authority within the scope of ASORA, counts both of his convictions for registration requirements purposes. (Id.). The supreme court reversed and remanded the lower court’s decision, finding that the 1995 regulation was outside the scope of its enabling legislation since the regulation was not “reasonably necessary” to implement ASORA. (Id. at 404–405). The court reasoned that the intent for setting aside convictions, which is to limit the effects of a sexual assault conviction for those offenders who do not pose a high risk of reoffending, was not compatible with the central purpose of ASORA, to monitor offenders at high risk of reoffending. (Id. at 403–404). The court also noted the limitations of this decision since the state legislature amended ASORA in 1999 in accordance with the 1995 amendment’s definition of “conviction.” (Id. at 404). Reversing the lower court’s decision, the supreme court held sexual assault convictions set aside by courts before the 1999 amendment to ASORA do not constitute “convictions” as outlined in the statute. (Id. at 402).

Maves v. State, Department of Public Safety

CRIMINAL LAW

Melissa Gustafson

In Maves v. State, Department of Public Safety, 479 P.3d 399 (Alaska 2021), the supreme court held sexual assault convictions set aside by courts before the 1999 amendment to the Alaska Sex Offenders Registration Act (ASORA) do not constitute “convictions” as outlined in the statute. (Id. at 402). In 1997, Maves plead guilty to two counts of sexual assault in Colorado. (Id. at 400). In 2002, a Colorado court allowed Maves to withdraw his guilty plea to one of the sexual assault offenses and dismissed it with prejudice. (Id.). After moving to Alaska in 2015, the Department of Public Safety (Department) required Maves to register as a sex offender for life under ASORA. (Id.). In determining the length of registration, the Department followed the 1995 regulation which defined “conviction” to include judgments set aside under Alaska’s statute or a similar procedure in a differing jurisdiction. (Id. at 400–401). On appeal, the Department argued that Maves must register for life because the 1995 regulation, which was a valid use of authority within the scope of ASORA, counts both of his convictions for registration requirements purposes. (Id.). The supreme court reversed and remanded the lower court’s decision, finding that the 1995 regulation was outside the scope of its enabling legislation since the regulation was not “reasonably necessary” to implement ASORA. (Id. at 404–405). The court reasoned that the intent for setting aside convictions, which is to limit the effects of a sexual assault conviction for those offenders who do not pose a high risk of reoffending, was not compatible with the central purpose of ASORA, to monitor offenders at high risk of reoffending. (Id. at 403–404). The court also noted the limitations of this decision since the state legislature amended ASORA in 1999 in accordance with the 1995 amendment’s definition of “conviction.” (Id. at 404). Reversing the lower court’s decision, the supreme court held sexual assault convictions set aside by courts before the 1999 amendment to ASORA do not constitute “convictions” as outlined in the statute. (Id. at 402).