VT- Sex offender held because he doesn't have a residence

Notice that Cavagnaro is being held based on a violation of probation, not any state law or local ordinance. I wonder if they would charge someone convicted of any other crime type if they failed to have a "residence" when ready for parole? Note: Nowhere in the "Special Conditions of Parole for Sex Offenders (pgs7-11)" does it require them to have a residence.

9-24-2008 Vermont:

BENNINGTON — A sex offender set to be released from prison on Sept. 20 was charged with a violation of probation in Bennington District Court on Tuesday because he does not have a residence.

Richard Cavagnaro, 59, denied a violation of his probation and was ordered held without bail pending a court hearing.

Bennington County State's Attorney Erica Marthage said Cavagnaro is required to find a residence before his release.

"One of the special sex offender conditions is that he have a place to live," Marthage said. "I think the frustration is that no place has been proposed."

Public Defender Frederick Bragdon said Cavagnaro was not intentionally flaunting the probation system, saying his client simply was unable to find a residence.

"Inability is not willfulness," Bragdon said.

Bragdon said his client had been incarcerated for a year, and that he did not have family or other connections upon which he could rely.

Judge John Wesley said he had to "stretch" to find probable cause in the case, and indicated his concern about the matter.

"(Cavagnaro) is conceivably being set up to fail by having no place to stay," Wesley said. "This is going to require significant social work on the part of the Department of Corrections that work, this split sentence could turn into an indefinite prison term."

According to an affidavit by Probation Officer David Jankowski, Cavagnaro was given a 18 month- to 5-year sentence, all suspended except for one year, in September 2007 on three counts of lewd and lascivious conduct with a child.

Jankowski said Cavagnaro served his one-year minimum, and had been scheduled to be released on Sept. 20, but said Cavagnaro was unable to find a residence in the community.

Jankowski said in the affidavit that supervision of a homeless sex offender is not an ideal situation, and that there is the potential for a community risk issue.

Cavagnaro had originally been charged in December 2006 with inappropriately touching two young girls. ..News Source.. by MIKE GLEASON, Staff Writer