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McClain, In re

Facts

Petitioner Kevin McClain pled guilty to the felony offense of indecent liberties with a child on 29 January 2001. He was sentenced to fifteen to eighteen months imprisonment, thirty-six months of supervised probation, and was required to register as a sex offender under the North Carolina Sex Offender and Public Protection Registration Program, N.C.G.S. 14-208.7 -19A, which he did on 7 August 2001. After ten years, McClain petitioned the Superior Court of New Hanover County to be removed from the sex offender registry. Petitioner admitted at the subsequent hearing on 13 June 2012 that during the past ten years he was 'convicted of a felony for failure to comply with obligations under the sex offender registry law and served a period of imprisonment,' and as a result, he did not have a 'clean record.' The court denied McClain's petition for removal from the registry on the grounds that the requested relief did not comply with federal standards as outlined in N.C.G.S. 14-208.12A(a1)(2).

Petitioner Kevin McClain pled guilty to the felony offense of indecent liberties with a child on 29 January 2001. He was sentenced to fifteen to eighteen months imprisonment, thirty-six months of supervised probation, and was required to register as a sex offender under the North Carolina Sex Offender and Public Protection Registration Program, N.C.G.S. 14-208.7 -19A, which he did on 7 August 2001. After ten years, McClain petitioned the Superior Court of New Hanover County to be removed from the sex offender registry. Petitioner admitted at the subsequent hearing on 13 June 2012 that during the past ten years he was 'convicted of a felony for failure to comply with obligations under the sex offender registry law and served a period of imprisonment,' and as a result, he did not have a 'clean record.' The court denied McClain's petition for removal from the registry on the grounds that the requested relief did not comply with federal standards as outlined in N.C.G.S. 14-208.12A(a1)(2).

Issue

Whether the incorporation of the Adam Walsh Child Protection and Safety Act of 2006 and the Sexual Offender Registration and Notification Act into N.C. Gen. Stat. 14-208.12A(a1)(2) constitutes an unconstitutional delegation of legislative authority.

Whether the incorporation of the Adam Walsh Child Protection and Safety Act of 2006 and the Sexual Offender Registration and Notification Act into N.C. Gen. Stat. 14-208.12A(a1)(2) constitutes an unconstitutional delegation of legislative authority.

Rule

Under article II, section 1 of the North Carolina Constitution, the General Assembly may not abdicate or delegate its authority to make law to departments of government or administrative agencies. Constitutional delegation of limited legislative authority occurs when the legislature has 'declared the policy to be effectuated and has established the broad framework of law within which it is to be accomplished and standards for the guidance of the administrative agency.'

Under article II, section 1 of the North Carolina Constitution, the General Assembly may not abdicate or delegate its authority to make law to departments of government or administrative agencies. Constitutional delegation of limited legislative authority occurs when the legislature has 'declared the policy to be effectuated and has established the broad framework of law within which it is to be accomplished and standards for the guidance of the administrative agency.'

Analysis

The court found that the North Carolina legislature was not creating a framework and then asking Congress or another federal agency to determine facts or fill in that framework; rather, it was attempting to bring its program in line with the external federal standards necessary to receive federal funding. The reference to 'federal standards' in N.C.G.S. 14-208.12A(a1)(2) was seen as an effort to comply with the Adam Walsh Act's requirements, and thus did not constitute an unlawful delegation of legislative authority.

The court found that the North Carolina legislature was not creating a framework and then asking Congress or another federal agency to determine facts or fill in that framework; rather, it was attempting to bring its program in line with the external federal standards necessary to receive federal funding. The reference to 'federal standards' in N.C.G.S. 14-208.12A(a1)(2) was seen as an effort to comply with the Adam Walsh Act's requirements, and thus did not constitute an unlawful delegation of legislative authority.

Conclusion

The court affirmed the trial court's order denying McClain's petition for removal from the sex offender registry.

The court affirmed the trial court's order denying McClain's petition for removal from the sex offender registry.

Who won?

The State prevailed in the case because the court upheld the trial court's decision, finding that McClain's admission of not having a 'clean record' justified the denial of his petition.

The State prevailed in the case because the court upheld the trial court's decision, finding that McClain's admission of not having a 'clean record' justified the denial of his petition.

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