National ROaR Registry:
A Work in Progress, check back often:
The Rational Offender Registry [ROaR] is a project began in 2004-2005 and now I am asking folks for input. Initially, this is a "Information Gathering" mode, and if you have ideas or feel different about something, I am all ears.
It is my belief that current registries are useless, glorified telephone books, providing meaningless facts which does nothing to protect the public. A registry of value is one that is both factual and intuitive, displayed in a mannner that is analytical to the viewer. eAdvocateUPDATE 2013: What are the differences between a "Registry" and a "List" of people or what they have done?PROJECT PREMISE: "Safety = Protection for Everyone"
Protecting the Public: Unfortunately registries are here to stay. So, if we accept that registries are supposed to protect the public, then, EXACTLY what information SHOULD a PUBLIC registry contain?
Think about it, the question is deeper than most folks think. Where the registrant lives, OK, but what else? Think protection! e-mail eAdvocate with your thoughts, and your reasoning wouldn't hurt either. I will review reasoning to decide the public safety issue.
Protecting Registrant's Family: Further, accepting that registries are supposed to protect the public, then there must be sufficient protections incorporated in the public registry to protect the registrant and family, if s/he has one.
Protecting Businesses Providing Services to Registrants: In addition, there must also be sufficient protections for those businesses that registrants and their families utilize for their needs; provisions to prevent the businesses from becoming targets for employing or providing services to registrants.
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Tight Controls on Use of Registrant Information:
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Folks will notice that there are very strict controls on use of the registry information including NO secondary use of same, the reason for this is to create a CENTRAL place where the public may go for timely reliable and correct information provided by the state. Should there be an error, then it is the state's responsibility to make the corrections which may include getting updated information from the registrant.
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Who should appear on a public registry:
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Long term in a ROaR registry (Rational Offender Registry) the computer will decide who should appear publically. Its computerized decision process will be based on a parameter file established by the state, which allows the state to fold in their laws, using the information shown below in the "Registry Content Issues."
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Registry Content Issues:
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Registrant Name and Address:
Registrant Photos: Photo-1: Registrant's photo at time crime was committed, or at time of conviction if former not available. Photo-2: Registrant's current photo.
Registrant's Age when crime was committed: A numerical number calculated by the computer from the registrant's birthday which the registry will not display because of ID Theft Issues.
Years Since the Sex Crime: Instead of showing the year the crime was committed, which by itself does not help the public, the registry will shows the number of years (and tenths) since the crime.
Crime Had a Live Victim: Yes/No. Whether there was a live person (or a cadaver) as the victim. Far too many crimes are victimless in that there is no live person involved. i.e., child porn, a case of entrapment, etc,.
Victim Age Range: Over 17, 16 through 17, 12 through 15, Under 12. If we were to put the victim's specific age, that would violate the, no vicitm information provision, usually found in statutes.
Victim Was a Stranger?: Yes/No, a stranger being someone who had no interactive contact with the offender in their daily lives. Incidental contact (i.e., the victim shops where the offender works) would still be considered a stranger.
Crime was Predatory: Yes/No. Whether the crime was predatory in nature.
Crime Severity: A scale 1 to xx to designate how severe the crime was. This allows a blending of all state crime statutes into one understandable system. Crime Severity is a simple way to compare one state's statutes (the statutes used to convict the person) to statutes of another state, so that "nationally" folks can get a gist of how severe the crime was, in the state's eyes. Using the final charged statute (for comparison) that reflects all mitigating and aggravating circumstances that the state applied during the criminal proceeding.
Escalation Factor: Based on "Crime Severity" and "Recidivist" number, whether the registrant progressed from a lower level crime to a higher level crime.
Recidivist: A number to indicate the number of sex crimes committed (computer shows nothing until sex crimes equals two or more). Only sex crimes are considered. A registrant is a recidivist ONLY IF there is a period of time -in the community- between sex crimes. The criminal justice system has long accepted this distinction although many prosecutors have fought it, and sometimes winning.
Sentenced to Prison/Jail: The length of time of the sentence in prison or jail expressed in years and tenths of a year.
Parole/Probation Began and Ended: None; MM/DD/YY to MM/DD/YY; MM/DD/YY Continues.
Participated in Sex Offender Therapy: Yes/No whether the registrant participated in a QUALIFIED sex offender therapy program -and- successfully completed it. Beyond Yes/No raises HIPPA issues.
Currently Employed: Yes/No, no indication of employer's name or location on the public registry available online. All issues regarding notifying the public of where the registrant is employed should result from legislation directing the employers to do so, at the employer's location only for certain types of businesses. This minimizes the harmful collateral effects on the employer and the registrant. If the registry is intended to protect the public, then the only public that needs protecting are those coming into where the registrant is employed, not the whole world.
Currently Attending School: Yes/No, no indication of school's name or location on the public registry available online. All issues regarding notifying the public of where the registrant is attending school should result from legislation directing the schools to do so, at the school location internally for school personnel. This minimizes the harmful collateral effects on the school and the registrant. If the registry is intended to protect the public, then the only public that needs protecting are those coming into where the registrant is in school, not the whole world.
Other Dynamic Life Factors: These would come from what is happening in the lives of registrants, such as became a drug addict, or alcoholic, or even things like obsessive gambling which affects overall life, getting divorced or even deaths of loved ones. The actual list of these dynamic factors will not necessarily be related to sex offenses but also to the registrants life from day to day.
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Registry Access Issues:
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1) Public registries should have a Security Entry Agreement (SEA) or technically known as CAPTCHAs to prevent AUTOMATED COMPUTERIZED ACCESS to registry data (scraping registries). Public registries should track (maintain the computer IP Address and name) of every access to a registrant's record.
2) The CAPTCHA should lead to a screen where the requestor must register their name and address. Once that is done then that person should be given a access code for future use. CAPTCHA's can be bypassed only by previously authorized valid access codes.
3) All screens displaying registrant information should be constructed soas to prevent printing of the screen on local printers.
4) All displays of registrant information MUST CONTAIN appropriate public WARNINGS regarding the proper use of the information, and, that any improper use WILL result in a criminal prosecution.
5) All displays of registrant information MUST CONTAIN a statement explaining how any incorrect information may be corrected.
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Secondary Dissemination Issues:
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1) Law should make it a crime to distribute any information about registrants with severe punishments for violators.
2) The only secondary dissemination permitted under the law is to one's immediate family that resides with the person who received the registrant's information from the public registry through a authorized access code.
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Media Use of Registry Information:
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1) The media is not permitted to use any of the registrant's information excepting the registrant's name, and may include a link back to the OPENING PAGE of the appropriate registry that contains further information about that registrant.
More to follow as e-mails or comments are received. Last Update 2010
1 comment:
The issue of charging an offender for the privilege of registering is not addressed. Nor is the number of times in-person registration is required. Also it should be prohibited to collect email, IM and ISP provider information from a registrant. Vehicle registration information likewise should be prohibited (as should "any vehicle the offender uses).
Reasoning: If the public insists on registration, the public should pay for it. The original intent of registration, which was deemed constitutional by the Supreme Court, was "for law enforcement purposes". Law enforcement already has ready access to vehicle information, and if needed ISP, email and IM information. Many states flag SO information in their DMV database also, which prejudices law enforcement personnel in the performance of their duties.
Criminal sanctions should not apply to "Administrative rules" as promulgated by the US Attorney General (i.e; what information is to be provided by the registrant, and updated immediately when changes occur). Only the Legislature can codify criminal law, not the AG.
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