This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender laws in order to demonstrate that Mr. Williamson is "in custody" and is, therefore, entitled to file a petition for habeas corpus relief.
Tina D. Santos, Williamson v. Gregoire: How Much Is Enough? The Custody Requirement in the Context of Sex Offender Registration and Notification Statutes, 23 SEATTLE U. L. REV. 457 (1999).