A Zelienople man was granted early parole in Butler County Court on Wednesday, pending the decision to vacate his sentence.
James Leiby, 40, will be released from the Butler County Prison pending a parole plan after the order was issued by Judge Timothy McCune.
Leiby was previously sentenced to 12 months minus one day to 24 months minus two days after previously pleading guilty to felony failing to register as a sex offender with the state police.
The underlying charge comes from a 2003 conviction of felony statutory sexual assault following a Sept. 1, 2002, incident. He was initially sentenced in September 2003 to 11 months and 15 days to 23 months in prison.
Nedz said at the time, the initial sentence “was not a registerable offense,” but on Dec. 20, 2012, new sexual offender statutes were passed, requiring Leiby to register retroactively.
After that, the failure to register charges came about, when Jackson Township police say he failed to register his address change on Oct. 11, 2016.
He pleaded guilty on May 23, 2017.
Following that sentence on June 8, 2017, Nedz argued that the state Supreme Court decided an unrelated case involving the same issue on July 19, 2017, deciding that retroactive registration violated the state constitution.
Leiby was held in the Butler County Prison on $75,000 bail since Dec. 23. 2016.