Expanded offender registry too broad?

Some members of the Utah Sentencing Commission on Wednesday expressed surprise and dismay at changes in Utah's sex offender registry that expanded it to include other crimes that have no sexual element.

But the state legislator who sponsored the bill creating the revisions later said including certain violent or terrifying crimes is the right thing to do.

The commission learned of the new aspects of the registry during a presentation by Jim Ingle, the unit administrator who handles the registry for the Utah Department of Corrections.

The Web site has been renamed the "Sex and Kidnap Offender Registry," and from now on will include individuals convicted of kidnapping, aggravated kidnapping, voyeurism and unlawful detention.

Kidnappings by parents (natural, biological, adoptive and noncustodial) are not included.

Utah Court of Appeals Judge Gregory Orme was the most outspoken of several commission members who wondered aloud why such crimes as unlawful detention would merit putting someone put on a public Web site for sex offenders.

Orme raised the hypothetical example of a farmer who suspects a teenager is stealing from him and locks the teen in a barn until the sheriff arrives. Later, it turns out that the teen's brother is the actual culprit and the farmer pleads guilty to unlawful detention.

Will this farmer now have his picture and address listed next to convicted rapists and child molesters?

Rep. Paul Ray, R-Clearfield, who was not at the meeting, said he thinks the commission does not fully understand the legislation he sponsored to make the revisions.

"I do think it's appropriate to have kidnapping on this Web site," Ray said. "They may not like it, but anybody that kidnaps is obviously not a safe person. ... To me, a normal person isn't going to do that. You have to have a violent streak to be able to do that."

Ray also believes those convicted of aggravated kidnapping and voyeurism belong on the registry, but he did say he wants to investigate further any concerns about the unlawful detention provision.

As far as the hypothetical farmer, Ray asked, "Would the district attorney prosecute that farmer? I wouldn't."

Ray noted that his bill was written as a team effort including representatives from the Department of Corrections, the Commission on Criminal and Juvenile Justice, the Utah Attorney General's Office, prosecutors and members of the judiciary.

"I do think I want to look into the unlawful detention to make sure we have that down. The prosecutors were ones who wanted to add that," Ray said.

However, Ray is pleased with the addition of the other crimes because he believes it furthers public safety.

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