Challenge to offender law delays hearing

State’s registration requirement again being questioned

Blair County Senior Judge Daniel J. Milliron on Friday postponed a hearing for an Altoona man convicted of child sexual abuse because the constitutionality of the law requiring a sexual offender to register is being challenged.

Milliron scheduled the hearing for 41-year-old Corey George Fowler, who is contesting prosecution attempts to have him designated as a sexually violent predator under Pennsylvania's Sex Offender Registration and Notification Act.

SORNA is the latest attempt by the Pennsylvania General Assembly to impose registration requirements on offenders who have sexually abused children.

In 2019, Fowler entered no contest pleas to sexual offenses against an 11-year-old girl and possession of child pornography in 2020.

Milliron sentenced him to a term of five to 10 years in a state correctional institution.

He is being housed in SCI Houtzdale in Clearfield County.

Under Pennsylvania law, the next step in the process is for the judge to determine through expert testimony whether Fowler is a sexually violent predator, a term that means he is at high risk to reoffend.

For several years, the Legislature and the courts have debated whether the imposition of a registration requirement constitutes "punishment" as opposed to simply being part of Pennsylvania's parole process.

If it constitutes punishment, then under both state and federal law, a jury -- not a judge -- would be required to determine whether Fowler is a sexually violent predator.

On Friday, Blair County Public Defender Russell Montgomery requested continuance of Fowler's hearing because of an opinion written by Chester County Judge Allison Bell Royer, who found the SORNA registration requirements unconstitutional.

Montgomery as well as Blair County District Attorney Pete Weeks and Assistant District Attorney Derek Elensky agree that Royer's opinion has no lawful effect on any decision by a Blair County judge.

But, as Montgomery pointed out, the Chester County case involving defendant George J. Torsilieri had been remanded two years ago to Chester County to address the very issue of whether the SORNA requirements represented additional punishment or remained simply another provision a defendant must fulfill as a result of his conviction.

Because the Supreme Court remanded the case to Chester County, Montgomery believes the state's highest court will give a great deal of weight to Royer's opinion.

"The handwriting is on the wall that it (SORNA) is going away," he stated.

He predicted that defense attorneys throughout the state will be requesting injunctions opposing further imposition of registration requirements until the Supreme Court makes a final decision on the issue.

He told Milliron that he had requested an injunction to postpone a SORNA hearing before Blair County Judge Timothy M. Sullivan scheduled for Oct. 11.

Sullivan had not made a decision on the request as of Friday morning, it was reported.

Milliron noted that Fowler, who has only two years remaining on his minimum sentence, was eager for the judge to decide his registration issues, and the judge explained that earlier in the week he had rejected a continuance request.

However, after reviewing the situation in light of Chester County ruling, he decided to grant a continuance.

"Mr. Fowler, I want to get it done, but it (the continuance) will be toward your benefit," the judge stated, as he explained to Fowler why his SORNA hearing was being delayed once again.

Elensky pointed out the Chester County ruling had no effect on any decision made in Blair County, noting he wanted to move forward with the hearing.

DA Weeks, after the hearing, pointed out he, too, opposed the continuance.

"We don't speculate on what the appellate courts will do," Weeks explained.

He said the issue of whether the registration requirements represent additional punishment has been going on for 10 years.

"It's a shame the courts and Legislature can't figure out how to protect our children," he said.

"At some point, the appellate courts and the Legislature need to figure out a way to protect the community from sexually violent predators," he stated.

The Chester County judge found SORNA unconstitutional because:

* "Its irrebuttable presumption that sex offenders are recidivists offends the Pennsylvania Constitution."

* SORNA's registration requirements are punitive, which runs afoul of prior court rulings, imposing sentence enhancements not found by a fact-finder (a jury).

The judge pointed out that the presumption under SORNA that sex offenders are predictably dangerous "encroaches upon a person's fundamental right to reputation."

She concluded that "SORNA's irrebuttable presumption unduly stigmatizes persons convicted of committing sexual offenses, a class that covers a wide spectrum of conduct and does so without any consideration of individual characteristics and circumstances."

There are more than 20,000 registered sex offenders in Pennsylvania.