Cite as: 538 U. S. 84 (2003)
Syllabus
Held: Because the Alaska Sex Offender Registration Act is nonpunitive, its retroactive application does not violate the Ex Post Facto Clause. Pp. 92-106.
(a) The determinative question is whether the legislature meant to establish "civil proceedings." Kansas v. Hendricks, 521 U. S. 346, 361. If the intention was to impose punishment, that ends the inquiry. If, however, the intention was to enact a regulatory scheme that is civil and nonpunitive, the Court must further examine whether the statutory scheme is so punitive either in purpose or effect as to negate the State's intention to deem it civil. E. g., ibid. Because the Court ordinarily defers to the legislature's stated intent, ibid., only the clearest proof will suffice to override that intent and transform what has been denominated a civil remedy into a criminal penalty. See, e. g., ibid. P. 92. (b) The Alaska Legislature's intent was to create a civil, nonpunitive regime. The Court first considers the statute's text and structure, Flemming v. Nestor, 363 U. S. 603, 617, asking whether the legislature indicated either expressly or impliedly a preference for one label or the other, Hudson v. United States, 522 U. S. 93, 99. Here, the statutory text states the legislature's finding that sex offenders pose a high risk of reoffending, identifies protecting the public from sex offenders as the law's primary interest, and declares that release of certain information about sex offenders to public agencies and the public will assist in protecting the public safety. This Court has already determined that an imposition of restrictive measures on sex offenders adjudged to be dangerous is a legitimate nonpunitive governmental objective. Hendricks, 521 U. S., at 363. Here, as in Hendricks, nothing on the statute's face suggests that the legislature sought to create anything other than a civil scheme designed to protect the public from harm. Id., at 361. The contrary conclusion is not required by the Alaska Constitution's inclusion of the need to protect the public as one of the purposes of criminal administration. Where a legislative restriction is an incident of the State's power to protect the public health and safety, it will be considered as evidencing an intent to exercise that regulatory power, and not a purpose to add to the punishment. E. g., Flemming v. Nestor, supra, at 616. Other formal attributes of a legislative enactment, such as the manner of its codification or the enforcement procedures it establishes, are probative of the legislature's intent, see, e. g., Hendricks, 521 U. S., at 361, but are open to debate in this case. The Act's notification provisions are codified in the State's Health, Safety, and Housing Code, confirming the conclusion that the statute was intended as a nonpunitive regulatory measure. Cf. ibid. The fact that the Act's registration provisions are codified in the State's Code of Criminal Procedure is not
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