Buried in the Corrections bill (S. 292) just passed by the Senate is a provision fixing what senators said was yet another error in last year’s hastily written sex offender laws.

The provision adds a category of crimes (“attempts”) to those for which a sex offender can have his or her photo, residence, and other details posted online.

The change is the result of a lawsuit brought by the ACLU on behalf of a Vermont individual. He had been convicted of an “attempt” crime, but nonetheless received a letter from the Department of Public Safety saying he would shortly be listed on the online registry.

The individual read the new law that DPS claimed required his posting. He wrote the department that the crime for which he had been convicted was not listed as a registerable offense.

He was correct, but the Department argued that it had the power to list him.

He appealed the department’s determination, but was rebuffed (despite an individual’s right to an administrative appeal). Some of his inquiries went unanswered.

Frustrated, the individual came to the ACLU and asked that the law be applied as written. We filed suit, and the state eventually admitted it had erred in listing him. (Other errors were also made by DPS when the individual was listed.)

The suit underscored the principle that the state’s authority to take a certain action extends only as far as the Legislature has determined. In this case, an administrative department such as DPS did not have the authority to decide for itself what convictions could result in online listings.

The Senate said the Legislature meant to include “attempt” crimes all along.

The House may have a slightly different memory, though, of why “attempts” weren’t included in the lengthy list of “category” crimes that get a convicted offender — even those who have served their time — on the state’s online registry.

The House will now take up the bill. Most of its time will no doubt be consumed by discussion of the bill’s provisions regarding cutting Corrections costs. But the “attempts” addition will be noticed.

Ironically, a good part of Corrections’ increased costs are the result of longer sentences legislators have mandated — despite the fact that the state’s crime rate has not risen.