Would the police lie or mislead sex offenders about registration duties?

7-6-2008 Missouri:

No, they would never do that, right? Well, have we got a story to tell you! A conspiracy of silence about residency laws in Missouri.

It started with this Missouri news report "Over 90% of sex offenders in Missouri can live near schools, day cares" which sounds like another fear mongering story.

But they are talking about a recent Missouri Supreme court decision declaring a state law unconstitutional as to retroactivity and who it applies to, one that erroneously required all sex offenders to live 1,000 feet from schools, etc. and how that left police up in the air as to who it applys to and who it doesn't apply to, an alleged loophole.

Then these comments raised our eyebrow:

In Greene County, in the southwest part of the state, the Sheriff’s Department has been well aware of the loophole. But it isn’t something the department advertised.

When offenders go to the department to register, they fill out a form that states they can’t live within 1,000 feet of a school.

“I don’t volunteer the information,” said Lisa Simmons, the department’s sex offender registrar. “They just assume when they sign that paper it applies to them.”

But in Jackson County, Sgt. Kilgore said he’s upfront. If asked, he tells offenders whether they are required to live outside the buffer zone.

A female sex offender recently wanted to know what the property boundaries were because she wanted to buy a house.

“I was compelled to tell her that the law at this point in time didn’t affect her,” Kilgore said. “She was surprised, but I did caution her that could change in the future.”

What isn’t expected to change anytime soon is the fact the law can’t be retroactive.

That says, there is a story behind the police acting differently from one county to the next. Withholding the truth in one and using a form to mislead offenders, telling thew truth in another 'IF ASKED,' all this makes one wonder what is going on and what is the real truth?

Our search for the real truth found deeper misdeeds in Missouri.

Over time we have learned that the state's online registry is supposed to tell offenders the truth about the registry laws, want to know what we found?

In Missouri there isn't a single word about residency restrictions in their online, nada, zip, zilch. Don't believe it, here is their opening comment about Missouri laws:

Sex Offender Information Page: "The Revised Statutes of Missouri, Chapter 589 Sections 400 to 425 and 43.650, RSMo., mandate that the Missouri State Highway Patrol shall maintain a sex offender database and a web site on the Internet that is accessible to the public. Additional information and verification may be obtained from the Chief Law Enforcement Official (Sheriff) of the county where the sex offender resides. The web site is intended to supplement and complement the sex offender registries maintained by the various counties. ..."

OK, so you figure residency laws are buried in those two statutes mentioned, nope not one word of residency laws.

Well, we found them but not without significant work, the news article talks about the legislature wanting to change them, so there must be a bill or two talking about them. Yup, three bills pending to change residency laws: HB-1413 HB-2287 HB-2392

Within those bill we found the real statutes, they are 566.147 and 566.149, the complete wording of them is at the end of this commentary and before we are through we will discuss them, but for now lets stick with the online registry being truthful, it isn't!

Now, if an offender from another state moves to Missouri, how will he know a residency law even exists when the online registry says nada about them? For that matter, what if a Missouri offender wants to move, how does s/he find out about residency laws?

Ah yes, the "FORM" (also mentioned in the article). So we looked up the statute about the form, it says:

Registration, required information--substantiating accuracy of information.
589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:

The conspiracy of silence now extends to the State Police. Remember, residency laws are not mentioned in the statutes mentioned above (589.400 to 589.425), BUT, there is the tricky part "but is not limited to the following:" so the question becomes, who is authorized to add requirements to that state generated form? No where could I find one word to address that question.

Back to the news article where it says "they fill out a form that states they can’t live within 1,000 feet of a school. “I don’t volunteer the information,” said Lisa Simmons, the department’s sex offender registrar. “They just assume when they sign that paper it applies to them.”"

Offenders are tricked into believing they must comply with residency restrictions even though the law also states, it cannot be applied retroactively (see news article), so some sex offenders do not have to comply at all. This conspiracy is amazing and is entrenched into the entire framework of law in Missouri.

Ahh, a ray of light, "But in Jackson County, Sgt. Kilgore said he’s upfront. If asked..." UPFRONT IF ASKED, what? Now tell me folks why would anyone ask if they knew the answer already? All I can figure is, a few sex offenders are trying their best to decipher what they are reading in the news, lucky them.

Now, technically my story should end there with MIssouri sex offenders hopelessly mired in that conspiracy of silence, and maybe the legislature will decide who residency laws can apply to, but I have little doubt those offenders will ever be told, left in the conspiracy of silence.

However, I promised I would return to the actual wording of the residency laws because they are even trickier, I have two favorite portions to discuss.

A) In 566.147(2) (see below) it requires CERTAIN SEX OFFENDERS to monitor the construction of every building constructed (within 1,000 feet) of the offender's residence. The offender must determine, by osmosis I guess, if the building is a public school, private school, or child care facility, and if it is, the offender "shall provide verifiable proof to the sheriff that he or she resided there prior to the opening of such public school, private school, or child-care facility." within one week of the opening of that facility. If they do not do that, it is a felony, another conviction.

B) In 566.149(1) (see below) it prohibits CERTAIN SEX OFFENDERS from being within 500 feet of any conveyance owned, leased, or contracted by a school to transport when persons under the age of eighteen are present in the conveyance.

OK, didn't Star Trek have a machine which told them if life forms were present? Misouri sex offenders need one with a slight modification, it must also be able to determine if the life form is under 18. Ahh, this is only a misdemeanor.

Now folks, there is more, but my story must end somewhere, and here it does.

Hoop, hoops, and more hoops, and not one could the lawmakers follow themselves if they tried.

My heart goes out to Missouri sex offenders hopelessly mired in the Conspiray of Silence, a real pile of err, I better not say what I am thinking.

eAdvocate


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Complete text of Missouri's residency laws:
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Certain offenders not to reside within one thousand feet of a school or child-care facility.

566.147. 1. Any person who, since July 1, 1979, has been or hereafter has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography in the first degree; section 573.035, RSMo, promoting child pornography in the second degree; section 573.037, RSMo, possession of child pornography, or section 573.040, RSMo, furnishing pornographic material to minors; shall not reside within one thousand feet of any public school as defined in section 160.011, RSMo, or any private school giving instruction in a grade or grades not higher than the twelfth grade, or child-care facility as defined in section 210.201, RSMo, which is in existence at the time the individual begins to reside at the location.

2. If such person has already established a residence and a public school, a private school, or child-care facility is subsequently built or placed within one thousand feet of such person's residence, then such person shall, within one week of the opening of such public school, private school, or child-care facility, notify the county sheriff where such public school, private school, or child-care facility is located that he or she is now residing within one thousand feet of such public school, private school, or child-care facility and shall provide verifiable proof to the sheriff that he or she resided there prior to the opening of such public school, private school, or child-care facility.

3. For purposes of this section, "resides" means sleeps in a residence, which may include more than one location and may be mobile or transitory.

4. Violation of the provisions of subsection 1 of this section is a class D felony except that the second or any subsequent violation is a class B felony. Violation of the provisions of subsection 2 of this section is a class A misdemeanor except that the second or subsequent violation is a class D felony.


Certain offenders not to be present within five hundred feet of school property, exception--permission required for parents or guardians who are offenders, procedure--penalty.

566.149. 1. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography; or section 573.040, RSMo, furnishing pornographic material to minors; shall not be present in or loiter within five hundred feet of any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen are present in the building, on the grounds, or in the conveyance, unless the offender is a parent, legal guardian, or custodian of a student present in the building and has met the conditions set forth in subsection 2 of this section.

2. No parent, legal guardian, or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the offenses listed in subsection 1 of this section shall be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen are present in the building, on the grounds or in the conveyance unless the parent, legal guardian, or custodian has permission to be present from the superintendent or school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Permission may be granted by the superintendent, school board, or in the case of a private school from the principal for more than one event at a time, such as a series of events, however, the parent, legal guardian, or custodian must obtain permission for any other event he or she wishes to attend for which he or she has not yet had permission granted.

3. Violation of the provisions of this section shall be a class A misdemeanor.