Milligan

In August 2007, Timothy Allen Milligan pleaded guilty to one count of failing to register as a sex offender in violation of Penal Code former section 290, subdivision (g)(2) [1] and admitted two prior felony convictions suffered in March 1987 for violating former sections 261, subdivision (2) and 289, subdivision (a). The trial court struck one of the two prior convictions and sentenced Milligan to total term of 32 months in prison. In addition, the court ordered Milligan to submit to DNA testing and to register as a sex offender pursuant to section 290.

Milligan argues various amendments and additions to the sex offender registration laws, enacted since his initial duty to register commenced in March 1987, when considered collectively constitute punishment and, therefore, would violate the ex post facto clauses of the United States and California Constitutions if retroactively applied to him.

The challenged amendments and additions to the sex offender registration laws fall into four categories. The first category is the 2003 and 2005 amendments to section 290, which imposed additional registration requirements. The second category is the public access to…