Attorney General’s Office Wins in Supreme Court

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January 26, 2007

Arkansas Safer as a Result of Today's Decision

 

LITTLE ROCK-The Arkansas Attorney General's office won an important case today before the Arkansas Supreme Court. In a unanimous decision authored by Associate Justice Tom Glaze, the court held that Jeremy Eli Bailey, who had been charged with kidnapping and raping a 17 year old girl with a knife in September 2000, must register as a sex offender even though he entered a plea of not guilty by reason of mental disease or defect.

 

In December 2002, the Pope County Circuit Court accepted Bailey's plea and committed him to the custody of the Arkansas Department of Human Services for examination and treatment. In 2003, Bailey was assessed by the Arkansas Department of Correction's office of Sex Offender Screening and Risk Assessment, which classified him as a Level 3 sex offender.

 

Bailey appealed that classification to the Department of Correction's Sex Offender Assessment Committee, which denied his appeal. Bailey then filed a petition for review in the Pulaski County Circuit Court, which ruled that Arkansas' Sex Offender Registration Act violated federal and state constitutional guarantees and that Bailey did not have to register as a sex offender. The Attorney General's office, on behalf of the Department of Correction, appealed that decision to the Arkansas Supreme Court and argued that requiring Bailey to register as a sex offender was not a violation of his rights.

 

"I am grateful that the Arkansas Supreme Court saw this case the same way we did," Attorney General Dustin McDaniel said. "While this decision will not take back what was done to the victim, we hope that this ruling will help prevent further acts of violence and make our citizens safer."

 

"I would especially like to thank Assistant Attorney General Joe Cordi for all of his hard work and dedication to this case," McDaniel continued. "Arkansas is truly fortunate to have an attorney of his caliber working on our behalf."

 

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