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Megan's Law and Habeas Corpus Review: Lifetime Duty with No Possibility of Relief?

Abstract

Sex offenders required to register under Megan's Law satisfy the habeas corpus statute's custody requirement and, therefore, are entitled to habeas corpus review. In order to satisfy the custody requirement, a law's effect must result in a "restraint on liberty." Megan's Law's legislation and notification requirements constitute such a requirement because they create a substantial disincentive to move. Megan's Law's requirements are also similar to other situations that have been afforded habeas corpus review such as parole and release on personal recognizance.

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42 Ariz. L. Rev. 157 (2000)

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Authors

Kerry L. Arnone

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