"Civil regulatory scheme" or "criminal punishment"? How would you classify a newly instated requirement that all sex offenders wear an ankle monitor at all times, check in with officers at the parole board when needed, and if they violate the rules, be subject to criminal penalties?
If that sounds a lot like parole to you, you're not alone. The New Jersey Supreme Court has held that the state's 2007 Sex Offender Monitoring Act (SOMA) amounts to ex post facto punishment when applied to those who had committed their crimes before the law was enacted.
"SOMA looks like parole, monitors like parole, restricts like parole, serves the general purpose of parole, and is run by the Parole Board," the court explained. "Calling this scheme by another name does not alter its essential nature."