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State v. Druktenis1/30/2004
bation violation should he fail to comply with its registration provisions, a hearing that would determine his risk of recidivism is necessary for due process protection.
The Due Process Clause protects individuals against violations of both substantive and procedural due process. United States v. Salerno, 481 U.S. 739, 746 (1987). Defendant's claims require several complex constitutional analyses--(1) analyses that are not readily apparent to those who have not adequately studied Fourteenth Amendment constitutional guarantees when, as in this case, a statutory over-classification is at issue, and privacy and reputation interests are involved; and (2) analyses of methods of constitutional scrutiny courts are to consider in determining a statute's constitutionality under the Due Process and Equal Protection Clauses.
A. Due Process and Equal Protection
1. Procedural Due Process
To establish a claim under the procedural aspect of the Due Process Clause, the claimant must show that a liberty interest exists that has been interfered with by a state. See Kentucky Dep't of Corrs. v. Thompson, 490 U.S. 454, 460 (1989). Identification of "the contours of the substantive right a task distinct from deciding what procedural protections are necessary to protect that right." Garcia v. Las Vegas Med. Ctr., 112 N.M. 441, 444, 816 P.2d 510, 513 (Ct. App. 1991) (internal quotation marks and citation omitted). If a restricted substantive right exists, we analyze whether there exist adequate procedures to assure that all the process that is constitutionally due has been provided before the final deprivation of a protected interest through State action. Thompson, 490 U.S. at 460; Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541 (1985) (clarifying that the substantive right of liberty cannot be deprived except pursuant to constitutionally adequate procedures and that, once it is determined that the substantive right exists and "that the Due Process Clause applies, the question remains what process is due" (internal quotation marks and citation omitted)). The court under procedural due process must engage in a balancing and weighing of private and government interests, including concerns about "the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards." Mathews v. Eldridge, 424 U.S. 319, 335 (1976). However, and in particular relation to the present case based on Connecticut v. Doe, the procedural due process constitutional analysis may cease at the stage of the substantive right inquiry if the person claiming its restriction cannot show the rule of law is defective.
Indeed, Defendant's procedural due process claim in the present case is not viable. The claim is foreclosed under the controlling rationale in Connecticut v. Doe. The sex offender statute in Connecticut v. Doe contained registration and notification provisions triggered solely by the conviction of a sex offender. 123 S. Ct. at 1163-64. The United States Supreme Court stated that " nless [the defendant] can show that that substantive rule of law is defective . . . , any hearing on current dangerousness is a bootless exercise." Id. at 1164. The Court determined that because the registration and notification provisions were imposed based solely on conviction and not on the defendant's dangerousness, the question of the defendant's dangerousness was not material and thus not a relevant inquiry. Id. As a result, the defendant's attack on the classification at issue, the Court held, "must ultimately be analyzed in terms of substantive, not procedural, due process." Id. at 1165 (internal quotation marks
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