10-31-2008 Illinois:
As Halloween draws near, police in Haddonfield, Illinois are beefing up patrols and cracking down on serial murderers, officials said.Children dressed as goblins and ghouls will be joined Oct. 31 by 35 sheriff's officers, officials said.
Local police will also check in with registered serial murderers on the two days before Halloween to make sure they follow the laws governing their activities during the child-centric occasion, police said.
"Knock on wood, Halloween's been relatively mild the last several years I can remember," said Sheriff Leigh Brackett, Jr.The Division of Public Safety sent a letter this month to exactly 1 registered serial murderer telling him to stay inside from 6 p.m.
Oct. 31 until the next morning and not to answer his door for trick-or-treaters, and especially not to kill them, said Frederick Mixter, a spokesman for the public safety department.
The letter also included a "No Murder" sign adorned with a butcher knife graphic, which the offender was told to display on the front door of his home.
"Teens like to party in spooky houses on Halloween," Mixter said, "but this sign should give them plenty of warning to engage in their sexcapades elsewhere, like in the vacant garage behind Roy's filling station.
That's where me and the missus go.""We're trying to keep the public safe, and we're also trying to make the serial murderers understand that they need to remain in compliance," Mixter said.
"In this case, only one serial murderer, but you get the point."But Geoff Wilkins, attorney for the sole recipient of the public safety letter, says his client, Michael Myers, in unfairly being singled out.
"Michael is a good kid, who because of his history, is being targeted by law enforcement. It's pure harassment," said Wilkins.
"In the 30 years since the unfortunate accident that resulted in the mutilations and deaths of Michael's family, the police have been blaming him for all kinds of horrific crimes.
This letter is the ultimate outrage because the eye holes in Michael's killing mask make it impossible for him to read the tiny print.
"But I say what I've always said when these crimes happen," Wilkins added, "look for the real killer because Michael was with me all night bowling.
You probably saw another seven-foot-tall monster in a white William Shatner mask doing all that killing."
A SPOOF if you haven't yet figured that out.....Source.. by The EFFING LIBRARIAN
October 31, 2008
IL- Michael Myers warned as Halloween approaches
MO- Court: Sex offender activities ban can go forward
This is such a blatant violation of civil rights of ALL Americans that there has got to be a political taint to this decision, someone is up for re-election, but who?
The ACLU had this to say: "ACLU lawyer Tony Rothert, who has been battling the law, said, “No one's turned us down on the merits, but I think procedurally we've run out of things to do.”" A PROCEDURAL BLOCK, not on the merits of the claims? Hummm...
10-31-2008 Missouri:
The American Civil Liberties Union failed once again today to block a new Missouri law that regulates the behavior of registered sex offenders on Halloween.
A Cole County judge this afternoon rejected a last-ditch effort to block the law, turning down the ACLU's request for a temporary restraining order, the Missouri Attorney General's office said.
ACLU lawyer Tony Rothert, who has been battling the law, said, “No one's turned us down on the merits, but I think procedurally we've run out of things to do.”
The four sex offenders suing to block implementation of the law won a temporary victory Monday, when a federal judge said that the parts of the law barring “Halloween-related contact” with children by offenders and requiring them to stay inside from 5-10:30 p.m. “unless required to be elsewhere for just cause” were too vague to be enforced.
Offenders were still required to turn off outside lights and post a sign that says “no candy or treats at this residence.”
But an appeals court stayed Jackson's ruling Thursday after Attorney General Jay Nixon, representing his office and that of Gov. Matt Blunt, appealed.
Rothert said they were unable to stop the law Friday. He said the ACLU was advising sex offenders in the state to check with local law enforcement to see how they would enforce the law. Some law enforcement officials have questioned whether it can be used against those who were convicted before the law went into effect. ..News Source.. by Robert Patrick, ST. LOUIS POST-DISPATCH
The Missouri law in question SB 714 s. 589.426 text, PDF
TX- Teen sex offender speaks about Halloween
10-31-2008 Texas:
Harlingen teen said he is not a risk to children celebrating Halloween
Manuel Bazaldua is fresh out of a Cameron County jail.
He spent 18 months behind bars for aggravated sexual assault of a child.
"She turned 14, that's when I turned 18...at that time I'm already legal," he said.
Manuel told Action 4 News that he did his time but must register as a sex offender for the rest of his life.
He said his relationship with his girlfriend was completely consensual and even had the approvral of her mother.
"The mom was alright with it... it was consensual," he said. "I had permission. She even gave me permission to move in the house. I would help pay the bills. She would lend me her car."
Manuel said everything was fine until she had an argument with the neighbor who called CPS.
He said CPS made his girlfriend's mother press charges against him.
Halloween used to be Manuel’s favorite holiday.
But that was before the State of Texas said he could no longer celebrate in the traditional way.
Under his probation guidelines, Manuel can't put decorations outside of his home.
He and every other sex offender in Cameron County must report to an undisclosed location every Halloween night.
It's a level of protection Mario Bustamante felt was too stiff for his cousin.
The two live together at a home in Harlingen.
“Come on... somebody that touched a kid that's eight years old...a guy touching a boy...that's severe...or touching a little girl that's 3 years old... that's severe.... but consensual dating...I don't think that's right," Bustamante said.
But because the State doesn't differentiate, sex offenders will all placed in the same boat this Halloween.
Manuel said he does plan to follow the law.
"I'm just going to mind my business... sit there and just wait for the time to pass," he said.
But he hopes in time the public will realize not all sex offenders are a permanent risk to society. ..News Source.. by Ryan Wolf
NV- State appeals sex offender law ruling
See earlier story:
10-31-2008 Nevada:
The Nevada attorney general's office will appeal a federal judge's decision that bars the state from applying a new sex offender law retroactively.
The attorney general's office filed a notice of appeal this week with the 9th U.S. Circuit Court of Appeals challenging Judge James Mahan's September decision.
Mahan ruled that a new sex offender law, Assembly Bill 579, was unconstitutional because it would punish convicted sex offenders who had paid their debt to society.
The law changes the way Nevada classifies sex offenders. Instead of categorizing them by risk to re-offend, the law categorizes sex offenders by the crime they were convicted of.
"Our mandate is to defend the laws of the state of Nevada. We will pursue that mandate," said Binu Palal, deputy attorney general.
The American Civil Liberties Union of Nevada and attorney Robert Langford challenged the law on behalf of about a dozen sex offenders.
Maggie McLetchie, staff attorney with the ACLU of Nevada, said she was disappointed with the attorney general's decision to appeal Mahan's decision. She said an appeal will be costly for the state, which is already facing budget woes. She said the ACLU has already billed the state about $140,000 in legal fees for the sex offender case.
"Our hope was to sit down and work collaboratively with the attorney general's office and legislators on this issue," she said. "There are ways to work this out and further public safety goals."
ACLU Executive Director Gary Peck said the law the attorney general's office is supporting isn't enhancing public safety. He called the appeal "a colossal waste of time, energy and money." ..News Source.. by DAVID KIHARA
How to Read the Constitution
The following is an excerpt from Supreme Court Justice Clarence Thomas's Wriston Lecture to the Manhattan Institute last Thursday (10-16-08):
10-31-2008 National:
When John F. Kennedy said in his inaugural address, "Ask not what your country can do for you -- ask what you can do for your country," we heard his words with ears that had been conditioned to receive this message and hearts that did not resist it. We heard it surrounded by fellow citizens who had known lives of sacrifice and hardships from war, the Great Depression and segregation. All around us seemed to ingest and echo his sentiment and his words. Our country and our principles were more important than our individual wants, and by discharging our responsibilities as citizens, neighbors, and students we would make our country better. It all made sense.
Today, we live in a far different environment. My generation, the self-indulgent "me" generation, has had a profound effect on much around us. Rarely do we hear a message of sacrifice -- unless it is a justification for more taxation and transfers of wealth to others. Nor do we hear from leaders or politicians the message that there is something larger and more important than the government providing for all of our needs and wants -- large and small. The message today seems more like: Ask not what you can do for yourselves or your country, but what your country must do for you.
This brings to mind the question that seems more explicit in informed discussions about political theory and implicit in shallow political speeches. What is the role of government? Or more to the point, what is the role of our government? Interestingly, this is the question that our framers answered more than 200 years ago when they declared our independence and adopted our written Constitution. They established the form of government that they trusted would be best to preserve liberty and allow a free people to prosper. And that it has done for over two centuries. Of course, there were major flaws such as the issue of slavery, which would eventually lead to a civil war and casualties of fellow citizens that dwarf those of any of the wars that our country has since been involved in.
Though we have amended the Constitution, we have not changed its structure or the core of the document itself. So what has changed? That is the question that I have asked myself and my law clerks countless times during my 17 years on the court.
As I have traveled across the country, I have been astounded just how many of our fellow citizens feel strongly about their constitutional rights but have no idea what they are, or for that matter, what the Constitution says. I am not suggesting that they become Constitutional scholars -- whatever that means. I am suggesting, however, that if one feels strongly about his or her rights, it does make sense to know generally what the Constitution says about them. It is at least as easy to understand as a cell phone contract -- and vastly more important.
The Declaration of Independence sets out the basic underlying principle of our Constitution. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed . . . ."
The framers structured the Constitution to assure that our national government be by the consent of the people. To do this, they limited its powers. The national government was to be strong enough to protect us from each other and from foreign enemies, but not so strong as to tyrannize us. So, the framers structured the Constitution to limit the powers of the national government. Its powers were specifically enumerated; it was divided into three co-equal branches; and the powers not given to the national government remained with the states and the people. The relationship between the two political branches (the executive and the legislative) was to be somewhat contentious providing checks and balances, while frequent elections would assure some measure of accountability. And, the often divergent interests of the states and the national government provided further protection of liberty behind the shield of federalism. The third branch, and least dangerous branch, was not similarly constrained or hobbled.
Since Marbury v. Madison the federal judiciary has assumed the role of the interpreter and, now, final arbiter of our Constitution. But, what rules must judges follow in doing so? What informs, guides and limits our interpretation of the admittedly broad provisions of the Constitution? And, more directly, what restrains us from imposing our personal views and policy preferences on our fellow citizens under the guise of Constitutional interpretation?
To assure the independence of federal judges, the framers provided us with life tenure and an irreducible salary -- though inflation has found a way around the latter. This independence, in turn, was to assure our neutrality and impartiality, which are at the very core of judging -- and being a judge. Yet, this independence can also insulate a judge from accountability for venturing beyond the proper role of a judge. But, what exactly is the proper role of a judge? We must understand that before we can praise or criticize a judge. In every endeavor from economics to games there is some way to measure performance.
As important as our Constitution is, there is no one accepted way of interpreting it. Indeed, for some commentators, it seems that if they like or prefer a particular policy or conduct, then it must be constitutional; while the policies that they do not prefer or like are unconstitutional. Obviously, this approach cannot be right. But, it certainly is at the center of the process of selecting judges. It goes something like this. If a judge does not think that abortion is best as a matter of policy or personal opinion, then the thought is that he or she will find it unconstitutional; while the judge who thinks it is good policy will find it constitutional. Those who think this way often seem to believe that since this is the way they themselves think, everyone must be doing the same thing. In this sense, legal realism morphs into legal cynicism. Certainly this is no way to run a railroad, not to mention interpret the Constitution. . . .
Let me put it this way; there are really only two ways to interpret the Constitution -- try to discern as best we can what the framers intended or make it up. No matter how ingenious, imaginative or artfully put, unless interpretive methodologies are tied to the original intent of the framers, they have no more basis in the Constitution than the latest football scores. To be sure, even the most conscientious effort to adhere to the original intent of the framers of our Constitution is flawed, as all methodologies and human institutions are; but at least originalism has the advantage of being legitimate and, I might add, impartial. ..Source.. Opinion
MO- Court restores Halloween restrictions on Missouri sex offenders
The ongoing saga of the Missouri Halloween rules for sex offenders who are no longer on parole or probation. Appeal to the FULL 8th Circuit or to the U.S. Supreme court is possible. Additionally there is state precedent prohibiting application of new laws to folks previously convicted. What a can of worms...stay tuned.
UPDATE 10-31: From this article comes a comment by lawyers for Plaintiffs in Missouri lawsuit on Halloween restrictions:
""On Thursday, however, the U.S. 8th Circuit Court of Appeals issued a stay, allowing officials to enforce the law in its entirety today. The ACLU is scrambling to appeal the ruling and get it overturned before tonight, according to Tony Rothert, legal director for the ACLU of Eastern Missouri. "Even though this group is not a popular group, they are entitled to due process -- in other words, not being punished repeatedly for the same crime," he said."
10-31-2008 Missouri:
St. Louis — Halloween is off again for registered sex offenders, a federal appeals court ruled Thursday, although a lawyer for four people who challenged a new Missouri law said they may file their own appeal.
The controversy started Aug. 28, the effective date of a law barring "Halloween-related contact" with children by offenders and requiring them to stay inside from 5-10:30 p.m. "unless required to be elsewhere for just cause." The law also ordered them to turn off outside lights and post a warning sign.
On Monday, U.S. District Judge Carol E. Jackson issued a temporary injunction barring enforcement in at least some jurisdictions of the provisions about limiting child contract and staying inside. She said the terms were vague and at risk of subjective enforcement.
Jackson acted in response to a suit by four sex offenders who had served their sentences.
Attorney General Jay Nixon, representing his office and that of Gov. Matt Blunt, appealed. On Thursday a panel of the 8th U.S. Circuit Court of Appeals here stayed Jackson's order, making the law enforceable today and possibly delaying final court resolution to at least the end of the year.
But American Civil Liberties Union lawyer Tony Rothert, representing the plaintiffs, said they could appeal to the full 8th Circuit or the U.S. Supreme Court.
Illinois and at least a handful of other states restrict the activities of registered sex offenders on Halloween, including bans on handing out candy, turning on lights or posting decorations. Some, like Maryland, also require violent offenders and offenders who have abused children to post warning signs.
"This stay comes not a moment too soon, as hundreds of thousands of Missouri children prepare to go trick-or-treating Friday night," said a statement from Nixon's office. A spokesman vowed to respond if the ACLU appeals.
The Missouri Highway Patrol said Wednesday it would not enforce the law for those convicted before the statute went into effect, then backed away Thursday once told by the attorney general's office of the appeals court ruling.
Ed Postawko, chief warrant officer for the St. Louis circuit attorney's office, would not commit on what would happen with cases submitted by police, but said that two Missouri Supreme Court rulings on sex offender requirements have said that new laws cannot be applied to offenders convicted before those laws went into effect. ..News Source.. by Robert Patrick, ST. LOUIS POST-DISPATCH
AR- Teenagers Sending Sex Via Text Message
Wake-up America, this is happening HERE! Each incident is a violation of the Adam Walsh Act, and if the police get the phone numbers they can get warrants (for each person sending and receiving pics) and that is the begining of the end to a life on the sex offender register.
10-31-2008 Arkansas:
Local Kids Use Cell Phones To Take, Send Naked Pictures
ROGERS, Ark. -- Kids, with their cell phones, taking naked pictures of themselves and their friends, and forwarding them to everyone they know. It may sound far-fetched, but chances are, it's happening at a middle school near you.
The problem has been growing nationally, and 40/29 wanted to find out whether cell phones were being used to send and receive naked pictures of underage kids in Northwest Arkansas and the River Valley. The answer was a definitive yes.
Reporters found several eighth-graders in one local city who said they regularly send and receive nude pictures on their cell phones.
"Some guys send pictures of their bottom parts to girls because girls don't think they have big enough stuff," said one of the eighth-grade girls.
Girls and boys alike said the trend of taking naked pictures on their cell phones and sending them to friends and classmates is well-known in the halls of middle and high schools.
"Say, 'Hey, you think I could have a picture of you? Like, of your boobs or something?' And then the girl texts him back, and it's a picture of it and then you just send it to your friends and say, 'Haha, look! I have a picture of this girl's boobs,'" said an eighth-grade boy.
"Last year, girls were sending pictures of their @#%* around," one of the girls said.
When asked whether they had ever taken naked pictures of themselves and sent them to their friends, one girl admitted she had.
"To my other friends, like, other boyfriends that I like or whatever and it's really fun," she said.
We asked the group if they thought they were a little young to be engaging in this kind of activity. They said they thought they were too young but added that the reason many kids send naked pictures is that the pictures are funny and that it was fun to send and receive those images.
"A lot of times this is viewed as a joke, but there are serious criminal consequences if you're sending out pictures of a sexual nature of a juvenile," said Cpl. Eddie Weimer, the school resource officer at Lingle Middle School in Rogers.
Weimer is immersed in the world of 13- and 14-year-olds. But even he said he's amazed that students in the seventh and eighth grades could be trading nude photos with each other using their cell phones.
"At a middle school, I can't believe it's happening. I mean, I know it is. I'm sure it is. But it seems like it would be more of a high school problem," Weimer said.
Weimer added that it's not only wrong, it's illegal.
"I was looking through the statute book yesterday and it doesn't differentiate whether a 15-year-old has pictures of a 15-year-old or an adult has pictures of a 15-year-old. It's still a crime," Weimer said.
"It's probably illegal. Yeah, I don't know," one of the eighth-grade girls said, when asked if she thought she was breaking the law.
"It's still illegal. It's still child pornography. It can still get in the hands of a pedophile," Weimer said.
Lingle Middle School maintains a strict cell phone policy. But Weimer's hands are tied in one respect: Police can't look through cell phones without a warrant. That leaves police looking elsewhere for a solution.
"I think the parents need to take responsibility. Look through their kids' cell phones. See what their kids are taking pictures of," Weimer said.
"Just take the picture cameras away instantly. I wouldn't even let them have them to start with," said Michael Lewis, the father of two teenagers.
Michael has a 12-year-old son and a 14-year-old daughter, both of whom have cell phones. But they don't have cameras, and he controls who is able to call them. Michael said all parents need to exercise that sort of supervision.
"Controlling who they call, what kind of stuff they can send text-wise, would definitely help a lot," Lewis said.
Clearly, some parents aren't taking that advice. One of the eighth-grade boys said his parents aren't allowed to look at his cell phone. Others in the group agreed.
"My mom doesn't read my texts because she knows it's not her privacy. It's mine. If she ever did, I would get mad at her and she'd say sorry," one of the girls said.
And the eighth-graders said, try as some parents might, the sexual texting will continue.
"I don't think anybody can do something about it. They're still going to do it somehow. It's like drugs -- not allowed to do it, but people still do it," one of the boys said.
In the last few months, several criminal cases have emerged from this kind of activity elsewhere in the country.
A 15-year-old girl in Ohio is facing felony charges and may have to register as a sex offender after allegedly sending naked pictures of herself from her cell phone. The same goes for a 17-year-old boy in Wisconsin and a 16-year-old boy in Utah. One incident in Colorado even involved a 6-year-old. All of those cases are being handled in juvenile courts.
School officials said they plan to be more vigilant with students who bring cell phones to class. But they added their efforts are doomed to failure if parents don't become more proactive in checking exactly what their kids are doing with their cell phones. ..News Source.. by 40 29 TV.com
TN- Inspections for sex offender Halloween violations
OH WOW, he had leaves on his porch, but this time not enough to send him to prison for ten years.
10-31-2008 Tennessee:
KNOXVILLE (WVLT) -- Thousands of East Tennessee children will be going from house to house on Friday dressed as everything from superheroes to the supernatural. To make sure they don't go to a sex offender's house, the Tennessee Board of Probation and Parole went around the night before to make sure they don't put up Halloween decorations.
Probation and Parole Manager Dawn Hodge-Burian took a crew from Volunteer TV News with her when she conducted an inspection of state sex offenders’ homes. She quickly spotted a violation outside an offender’s home. He had some autumn leaves on his front porch, which along with orange flowers is prohibited.
"Everyone has the same rules and they have to play by the rules," said Hodge-Burian.
The violation wasn’t enough to issue a warrant, but since the orange color could be misconstrued as a Halloween decoration, he had to take them down.
“I'm just going to go look around for a second," she said as she left the car to do a closer inspection.
On Halloween, sex offenders can not have up decorations. They must also keep their porch lights off and their blinds closed.
“I just have to make sure you don't have any decorations or anything," she said as she was invited inside one of the offender’s home.
The first four houses didn't have any decorations outside. She also looked inside to make sure there were no candy or Halloween items for kids. During the sweep, she also inspected the home for other potential violations of the offender's parole or probation.
Sex offenders are required to read and sign a set of on October 1st and they must post them inside their door. Other than the warning about orange leaves and flowers, all the Hodge-Burian checked out on Thursday were in compliance.
“I’ll probably see you again tomorrow evening,” she said to one of the offenders as she left his home. Hodge-Burian and her co-workers will complete another check on Halloween, just to make sure nothing has changed. Offenders are required to stay away from parties with children on Halloween, and are required to obey the 5:00 PM or 6:00 PM curfew.
Last year, none of the sex offenders in Knox County violated the Halloween rules. If you go trick-or-treating with your kids, remember not to knock on any door if the home’s lights are off. ..News Source.. by Lauren Davis
October 30, 2008
MO- Halloween Sex Offender Law Enforceable
This news report that makes one wonder what the 8th Circuit Order actually says, and is it open to interpretation. Since the order is not available to the public just yet, could the Missouri Attorney General have interpreted it to support his position, making no mention of another possible interpretation? After all, if he makes a mistake the state still wins, this year and can legislatively make changes before next year. The article below opens whether the 8th Circuit wanted the "Status Quo" maintained so it could decide on the merits. Such an interpretation would not overrule the lower court's decision, and grant a automatic win in the favor of the state, as the Attorney General claims. The order actually says?
10-30-2008 Missouri:
ST. LOUIS -- A Missouri law aimed at keeping children away from sex offenders on Halloween night can be enforced in its entirety after a federal appeals court order Thursday, Attorney General Jay Nixon said.
The order means that the state's registered sex offenders do need to remain inside their homes from 5 to 10:30 p.m. Friday night unless they have "just cause" to leave, such as for work or a medical emergency. They must keep their outside lights off and post a sign saying they aren't distributing candy. They may not have any Halloween-related contact with children.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday stayed, or put on hold, a lower court's ruling until it can consider the state's appeal and rule on the merits -- sometime before next Halloween.
U.S. District Judge Carol Jackson earlier this week ruled that two of four provisions in the law could not be enforced this Halloween.
The stay had been sought by Republican Gov. Matt Blunt and Nixon, a Democrat.
"This stay comes not a moment too soon, as hundreds of thousands of Missouri children prepare to go trick-or-treating Friday night," Nixon said in a statement. He said his office will continue efforts to uphold the law and is advising the state's law enforcement agencies of the order.
There have been different opinions this week about how the law should be applied.
The Missouri State Highway Patrol said Wednesday it believed the law only applied to sex offenders convicted after Aug. 28, when the law took effect, saying the law could not be applied retroactively.
But on Thursday, the Patrol's Lt. John Hotz said that because the Attorney General's office has said the law is enforceable, the Patrol will report any violations to local prosecutors, even if the offender was convicted prior to Aug. 28, and let prosecutors determine if charges should be pursued.
The American Civil Liberties Union of Eastern Missouri said it will continue legal action on behalf of four unnamed sex offenders to have the law taken off the books.
The ACLU has argued that the law is unclear, and left offenders unsure about what they can and cannot do on Halloween.
"I think police officers will act reasonably, and understand there's confusion," the ACLU's Tony Rothert said.
The Missouri Department of Corrections has said that convicted sex offenders on probation and parole have been instructed about any Halloween restrictions that they must follow, regardless of the legal dispute. That's permissible because those offenders are still under state supervision. ..News Source.. by KCTV5
NY- Putnam law questioned as sex offender moves near Kent preschool
10-30-2008 New York:
KENT - A registered sex offender who recently moved to town may be in violation of a new county law that prohibits sex offenders from living in clustered housing developments or within 1,000 feet of places where children congregate.
But authorities aren't enforcing the law due to questions of its legality and because it isn't clear whether the offender's residence meets the definition of clustered housing and is less than 1,000 feet from a nearby preschool.
Meanwhile, local parents, including those whose children attend that preschool, are left worrying.
David McColl, 46, moved to a small home on Nemarest Club Road off Peekskill Hollow Road on Oct. 15, Kent police said. Nemarest Club is a community of small summer homes, off Peekskill Hollow Road near Route 301, that were later converted to year-round residences.
As required to by law, McColl notified Kent police of his new address. Police, in turn, notified local residents as well as any institution that might be affected, including local schools and the neighboring Kountry Kids Children's Center at 92 Richardsville Road.
McColl was convicted in April 2005 in New Jersey of felony sex offenses against three minor teenage girls and required to register as a sex offender. He attempted to have sexual contact with the girls, whom he did not know, according to New York's sex-offender registry. He is classified as a Level II offender, considered a moderate risk to reoffend, and is designated as a sexual predator, meaning that he has to check in with local authorities once every 90 days.
In March, Putnam legislators passed a law that, among other things, prohibits convicted sex offenders from living, working or spending time within 1,000 feet of places where children congregate. This includes schools, day cares and playgrounds.
The law also prohibits such convicts from living in a clustered housing development, defined as 10 or more single-family homes on less than one-third of an acre. It's unclear whether the Nemarest Club neighborhood meets that definition.
However, in August, the Legislature's Protective Services Committee agreed to re-evaluate legal and logistical aspects of the law and sent it back to the county's Law Department for revision.
Legislator Terry Intrary, R-Kent, who chairs the Protective Services Committee, said the revised law will come before his committee Nov. 12. He expects it will be approved and sent to the full Legislature for a December vote. After that, he said, it will be enforceable.
But that is little solace to parents living near McColl, including Peekskill Hollow Road resident Melissa Orser, who has five children ranging in age from 2 to 11. Orser said she and her neighbors want authorities to enforce the law.
McColl could not immediately be reached for comment. ..News Source.. by Terence Corcoran
MO- (8th Circuit) Court’s action means Halloween rules can take effect
10-30-2008 Missouri:
ST. LOUIS | Missouri Attorney General Jay Nixon’s office says a court order means a new state law aimed at keeping children away from sex offenders on Halloween night can be enforced in its entirety.
That means registered sex offenders in the state are required to remain inside their homes from 5 p.m. to 10:30 p.m. Friday unless they need to work or have a medical emergency. They must keep their outside lights off and post a sign telling trick-or-treaters no candy is available. They must avoid Halloween-related contact with children.
A federal judge said earlier this week that two of four provisions in the law could not be enforced this Halloween.
The U.S. Court of Appeals for the Eighth Circuit today issued a one-sentence stay, sought by Gov. Matt Blunt and Nixon.
The ACLU of Eastern Missouri says it is continuing legal action on behalf of four unnamed sex offenders to have the law taken off the books. ..News Source.. by AP
IN- Sex offender seeks (State) Supreme Court ruling on park ban
10-30-2008 Indiana:
Attorneys for the American Civil Liberties Union warn that if Plainfield's ban on convicted sex offenders in the town parks is allowed to stand, similar bans and permanent punishment could spread across the state.
The ACLU, representing a Marion County man identified only as John Doe, have asked the state's highest court to review a September ruling by the Indiana Court of Appeals that upheld Plainfield's ban.
The state's high court is expected to decide by mid-November whether to accept the case or allow the appeals court decision to stand.
Plainfield's Town Council adopted an ordinance in 2000 that prohibits anyone on the Indiana registry of sex offenders from being in the town parks or recreation center.
In 2005, Plainfield police saw an Indianapolis man they recognized as a convicted sex offender in one of the town park facilities. He was with his young son. Police later told the man about the town's ordinance and told him not to return.
Court rulings have allowed Doe to remain anonymous even though his real name and criminal history are public and listed on the registry online. He has completed a prison term and probation.
The ACLU sued Plainfield in November 2005. Since then, the town's ordinance banning convicted sex offenders from town parks has been upheld in Hendricks Superior Court and the state Court of Appeals. So Doe and other sex offenders are still prohibited from Plainfield parks.
ACLU Legal Director Kenneth J. Falk said in the recent 19-page filing with the Supreme Court that Plainfield's ordinance, if allowed to stand, has the potential for far-reaching and statewide impact.
Greenwood, Lafayette and Michigan City have enacted similar bans. The ACLU has a suit pending against a Jeffersonville ordinance.
An Indianapolis ordinance passed two years ago was struck down in court as being too broad because the geographic areas of the ban covered most of the city.
Falk said the central issue in the appeal of the Plainfield lawsuit is whether access to the parks and recreational facilities is a legally defined "core value" for everyone in a community.
Plainfield claims convicted sex offenders do not have that right.
The ACLU claims that a permanent ban, even after an offender has completed prison and probation, is excessive punishment. ..News Source.. by Bruce C. Smith
MI- Sex Offender Registry
Statistics show that 93% of sexual offenses are committed by family or friends of children. Hummmmm, that means kids are safer if they are out trick or treating than if they stayed home or at uncle Joes or a party at a friends home. Something to think about, because -for sure- lawmakers and public servants have not considered that on Halloween.
10-30-2008 Michigan:
The Michigan Attorney General has a warning for parents this Halloween. The office suggests that before your kids go knocking on doors, you might want to make sure you know who's living in your neighborhood.
Matt Frendewey, Spokesman for the Attorney General says "We just had an Internet predator sting just last week where we arrested 21 internet predators in one weekend, I think that shows there are threats out there, there are people out there that want to prey on our children."
-A little problem here, in two stings run by the Attorney General this year, they made contact with just under 300 folks, and NOT ONE of them was a REGISTERED SEX OFFENDER. Why is that FACT withheld from the public?
Frendewey says, "We're reminding parents to go online and check the Michigan State sex offender registry website to find out if there's any sex offenders in their neighborhood."
To check out the registry, go to the Michigan State Police website and click on the Michigan Sex Offender Registry link and hit search.
You must enter the code listed, then click on a disclaimer and it takes you to another search page where you can enter a zip code, county, even college campus. It will take you to a list of everyone who is registered in that area.
Frendewey says, "You can run your zip code, you can run by school district, and you'll find literally anybody within your zip code that's registered. You can look up their offense, why they're on the sex offender list, and you can know, prior to going door to door with your child, whether or not that's a house you want to avoid."
..News Source.. by Jennifer Dowling
MT- State's Sexual or Violent Offender Registry is working
Folks, this is a classic news report, remember its campaign time. The article title says "The Registry is Working" then it goes on to tell us everything that the state has done as to sex crimes. Now, just because the state spins its wheels doing something, or many things, is no proof that what they have done is at all effective in controlling crime or offenders. This article is absent one iota of proof that the state registry is working, the article only shows how the state spins its wheels spending taxpayers money. No statistics to show anything to support the claims. Guess they like to pat themselves on the back, good boy Joe...
10-30-2008 Montana:
In the heat of the campaign season, the Montana Sexual or Violent Offender Registry, or SVOR, has garnered more than its share of headlines. What has gotten lost, however, is the hard work local law enforcement and the Department of Justice have done to protect the public from offenders.
Beginning in 1989, Montana required sex offenders to register with the state. In 1995, Montana strengthened its registration statutes and became one of very few states in the nation to also require some violent offenders to register.
Over the years, the SVOR has evolved in response to changes in federal law and concerns from Montana citizens and law enforcement. Most recently, in May 2007, Montana enacted Senate Bill 547. In addition to changes related to sentencing, community notification and other provisions, SB547 required the Department of Justice to post photographs of all sex offenders on the SVOR website.
In the months since SB547 took effect, the DOJ has worked closely with local law enforcement and other state agencies to comply with all the changes required under SB547, including posting photographs of more than 1,700 registered offenders.
Montana sheriff's offices and police departments deserve a great deal of credit for all they've done. They do much more than just submit photographs and registration information to the department's Web site.
They routinely check offenders' whereabouts.
They communicate with parole officers on offender status and/or other infractions.
They notify the public when an offender changes addresses.
They investigate and recommend prosecution when an offender does not comply with state law.
And they participate in DOJ audits to ensure that all registrant information is accurate and timely.
I'm proud of law enforcement's success in combating sexual predators in Montana. By focusing our investigative know-how on the problem, our efforts have made a difference.
About six years ago, Montana Sheriffs and Police Chiefs supported the development of a state Computer Crime Unit designed to forensically examine and investigate computer crimes, including child pornography. Since its inception, the unit has successfully investigated approximately 150 cases of child sexual exploitation.
Montana has a number of Internet-crimes-against-children task forces designed to investigate online predators soliciting children and supplying child pornography.
Investigators in ICAC participate in online chat activities with suspected sexual predators. About 20 local and state law enforcement agencies in Montana participate in these task forces.
Finally, the Department of Justice has taken proactive steps to educate young people and the adults in their lives about Internet safety.
Earlier this year, with help from the Montana Safe Schools Center at the University of Montana, the DOJ launched Safe in YourSpace, a guide to cybersafety in Big Sky Country. The site— www.safeinyourspace.org— has specific information for teens, parents and teachers. It covers a variety of topics, including Internet predators and cyberbullying. The section for teens has safety information and tips on e-mail, instant messaging, social networking and peer-to-peer networking. The new site received a Conference of Western Attorneys General award for Best Consumer Outreach.
This year, the Attorney General's Office has reached agreements with two popular social networking sites — MySpace and Facebook — to take steps to better protect young people using the sites.
MySpace agreed to create age and identity verification technology, to respond within 72 hours to complaints about inappropriate content, and to commit more resources to reviewing and classifying photographs and discussion groups.
Facebook agreed to enforce "age locking" for existing and new profiles, while establishing a 24-hour hotline to respond to law enforcement inquiries.
The bottom line is that Montana has effective laws and rules on sex offenders, registration and notification. We have put together a combination of solid laws, public education and good, old-fashioned police work that is very effective.
The Montana Department of Justice and local law enforcement agencies across the state work together — and work hard — to combat sexual predators. We take Montana's sex offender registration laws very seriously and we are proud of the Registry we have created. Take a look at www.doj.mt.gov/svorand www.safeinyourspace.org and see what they have to offer. ..News Source.. by MIKE BATISTA
MO- Missouri’s Halloween law’s flaws pose a trick for police
10-30-2008 Missouri:
A new Missouri law aimed at protecting children from sex offenders on Halloween night has created nothing but confusion for those who are supposed to enforce it.
In some parts of the state, authorities have planned spot checks Friday evening of offenders’ homes to make sure their outside lights are off and they are not handing out candy, as required by the new law. Others who had planned full enforcement are scaling back after a St. Louis federal judge’s ruling this week found fault with parts of the law.
And still more say they won’t do anything to enforce the legislation, because it appears to them that the law applies only to offenders convicted of their crimes after Aug. 28, the date the law took effect.
“I’ve had offenders call and ask what they need to do on Halloween night,” said Sgt. Gary Kilgore of the Jackson County sheriff’s office. “And I have to unfortunately tell them, as I tell anyone else, that the law is unenforceable in Jackson County.”
The law requires offenders to avoid all Halloween-related contact with children, remain in their residences between 5 and 10:30 p.m. and turn off all outside lighting. Plus, they must post signs stating, “No candy or treats at this residence.”
Sen. Brad Lager, a Republican from Savannah who is running for Missouri treasurer, said he sponsored the measure after a constituent alerted him of what other states across the nation were doing.
“I was like, ‘Hey, that makes a lot of sense,’ ” Lager said. “If they are on the registry, I as a parent wouldn’t want to send my child to their door.”
But the Missouri Highway Patrol also thinks the law cannot be enforced on nearly all offenders, pointing to recent Missouri Supreme Court rulings that the state constitution prohibits civil laws from being enforced retroactively.
A Missouri Senate proposal last session to put a constitutional amendment on next week’s statewide ballot failed in the House. Some law enforcement officials say they will just face the same issues with other legislation if changes are not made to allow laws to be retroactively enforced.
“Until that Missouri constitutional amendment is taken care of, then they are all unenforceable,” Kilgore said.
This is not the first time authorities have struggled with uncertainties regarding sex offender legislation. Earlier this year they discovered that wording in the state’s initial law requiring offenders to register with the state excluded those who committed their crimes out of state. Legislators have since fixed that wording.
And after a Supreme Court ruling on retroactive enforcement, authorities also discovered that the majority of Missouri sex offenders do not have to comply with laws prohibiting them from living near schools and day care facilities.
“It’s a moving target on us,” said Capt. Frank Hunter with the Platte County sheriff’s office. “We sit down, think we understand the law and then find out we didn’t. … It’s real difficult for us to keep up with what is the law.”
The Missouri attorney general’s office has said it will appeal this week’s ruling by U.S. District Judge Carol Jackson that parts of the law were unclear. While she was OK with outside lights being turned off and no candy, she said other parts were vague and too broad.
A spokesman for the attorney general’s office said Tuesday that their position was that the law applied to all registered offenders, regardless of the date they were required to register.
Clay County Sheriff Paul Vescovo said he still planned to send his deputies out on Friday to make sure registered sex offenders turned off all outside lighting and posted signs at their residences.
Vescovo said Tuesday that while the federal judge in St. Louis ruled that parts of the law were unenforceable, some parts were OK.
“Halloween is a time kids are out and this is a public safety issue, so not withstanding a court injunction, if we observe lights are on and no sign is posted, we will contact the prosecutor,” he said.
Clay County Prosecutor Daniel White said he would review all cases to see whether an offender had violated the law. Violations are a class A misdemeanor with punishment ranging up to a year in the county jail and/or a fine of up to $1,000. ..News Source.. by LAURA BAUER and GLENN E. RICE
No red faces over orange pumpkin signs
Halloween rules for registered sex offenders as to decorating their homes:
1) No Halloween decorations;
2) Lights out on the porch or inside the home;
3) That sex offenders must post the sign given them by lawmakers;
The intent is that, sex offender's homes will not look inviting to children. Lawmakers and Public Servants have come up with this absolutely brilliant idea, they are going to protect children, thats the claim.
A Few Halloween facts:
1) Halloween is considered a dark time with haunted houses, a scary time;
2) Haunted houses are dark and generally do not have lights on;
3) Halloween is a holiday that is circled around the pumpkin, that is its traditional symbol.
Now the question:
Will the -no Halloween decoration rules- for sex offender's homes make their homes less inviting for children -OR- more inviting; remember the Halloween facts. Somehow asking offenders to post a "Pumpkin Sign" seems contrary to the rules, and the "No lights" really sets the Halloween spirit. Lets see, at what age can children "read signs" and comprehend them?
Is there any wonder why the laws of this country are messed up? OH, I forgot, sound bites are in, reality and evidence is out!!!!!!! Am I the only one who sees a problem with these insane laws?
eAdvocate
PS: Maryland has made itself the laughing stock of the nation. See the following news article:
Maryland officials make concession on sex offender initiative
ANNAPOLIS Maryland officials, who say child molestation is no laughing matter, have backed off a plan requiring convicted sex offenders to hang pumpkin signs on their doors on Halloween after the program became the butt of late-night television jokes.
The bright orange signs, reading, "No candy at this residence," in all capital letters, were sent to the state's 1,200 violent and child sex offenders earlier this month along with instructions that they must post them on their front doors on Friday evening.
But the plan became fodder for television comics ranging from Jay Leno to the "Saturday Night Live" cast after details were reported Oct. 15 by The Washington Times.
"Sex offenders in Maryland are now required to post signs that read, 'No candy at this residence,' on Halloween or face a possible parole violation," Seth Meyers deadpanned on the 'Weekend Update' part of NBC's long-running Saturday night program. "They are also being required to take down the signs that read, 'Knock if you can keep a special secret.'"
Maryland parole agents said they were ordered this week to replace the pumpkin-shaped signs with simple pumpkin-free signs that bear the same message. However, a state official said Wednesday that the new signs are only an "option" for agents to give to sex offenders who might not want to display a pumpkin.
"I don't see it as an admission that the signs don't work, or the signs aren't good," said Rick Binetti, a spokesman for the Maryland Department of Public Safety and Correctional Services.
Mr. Binetti said he saw the "Saturday Night Live" skit but that the national ribbing hadn't driven the department's decision to veer away from the pumpkin signs.
Nevertheless, others have been poking fun at the program, including a local songwriter who submitted a tune about the signs to the local blog DCist.com.
"Really, a pumpkin? That's the best you can do?" Mr. Leno asked in his opening monologue Oct. 16 on "The Tonight Show." "How about a big sign that says, 'Sex offender lives here.'"
Despite the jokes, parole agents said the monitoring of sex offenders is serious business.
"Some of these offenders should be hooked up to GPS tracking," said Raimund Douglas, president of Local 3661 of the American Federation of State, County and Municipal Employees, which represents the state's parole agents. "When we're talking about our kids, that's the most important issue to me. We need to protect our kids."
Sex offenders in Maryland who do not post the signs and stay home will be taken to court and charged with a violation of parole. However, the state initiative is not a law.
A federal judge Tuesday temporarily blocked part of a Missouri law requiring sex offenders to stay in their homes on Halloween, after four convicted sex offenders and the American Civil Liberties Union filed a lawsuit.
In 2005, Maryland began requiring sex offenders in Baltimore to stay inside their homes on Halloween. Last year, the program was expanded statewide and offenders were tracked by parole agents and given a simple sign to hang on their doors that read: "No Candy."
Maryland's new regulations are almost identical to those adopted in Missouri this year, particularly the instructions to post the sign and stay at home.
Louisiana lawmakers this year barred convicted sex offenders from wearing masks on Halloween or during the state's carnival season.
Other states, including New Jersey and Texas, have begun tracking sex offenders at Halloween over the past five years.
Maryland also this year is distributing pamphlets statewide to warn families and trick-or-treaters to stay away from homes with the pumpkin signs.
Maryland sex offenders are tracked by an online database, listed in the state sex-offender registry and ordered to comply with the Halloween program for varying times - from a lifetime for violent and child sex offenses to 10 years for lesser sex crimes. ..News Source.. by Tom LoBianco
October 29, 2008
AU- Pedophile fears as student profiles, pictures go on net
10-29-2008 Australia:
PARENTS are outraged at a State Government plan to post the profile of every state school student on its intranet, sparking fears pedophiles could find it.
The intranet database, dubbed OneSchool, will profile each of the state's 480,000 public school students enrolled from Prep to Year 12.
Photographs, personal details, career aspirations, off-campus activities and student performance records are being collected from all 1251 state schools.
The site already has been labelled a likely target for computer hackers.
"The social fabric of hackers is such that this database (OneSchool) is going to be a fair target," Queensland University of Technology deputy dean of Information Technology professor Mark Looi said.
"People are going to try and get in. There is no doubt in my mind."
But Education Minister Rod Welford has warned the state-wide rollout of the OneSchool database is "non-negotiable" and students could be refused an education if they don't divulge required information.
Parents outraged
couriermail.com.au reader Sari, of Brisbane, suggested personal information of our politicians, their wives and children should be posted first.
“Then we'll see how safe it is before adding school children.”
Sandra of Brisbane said Mr Welford could not stop her children from attending school if she refused to allow them to be part of the database “because by law the government has to provide my children with an education”.
“Stick that where you must. And you can get screwed if you think I am going to consent to my children's photo and private details being available to anyone and everyone in the system,” she wrote.
I Reckon of Brisbane wrote: “Ya gotta be joking? What a world of paranoid people we have became!”
Andrew of Queensland said: “My own children’s teachers need this information, not every person (including adminstration staff) and the entire education system.”
“Well, I guess my children will be getting a home education as there is no way on this earth any of my child's details will be available to anyone in this way,” Ad of Brisbane wrote.
However, Adam of Brisbane said: “Why would a pedophile bother to hack into a database like this when there seems to be enough vile content elsewhere on the internet?”
Education Queensland said details of 180,000 students from 637 schools already were online and the database would be completed by December.
About 80,000 students are expected to be added to the internal education department database each year.
Welford's ultimatum
Education Minister Rod Welford said parents could be denied access to public education if they refused to consent to their child being profiled, and he dismissed concerns from parents about pedophiles hacking into the database.
"It's not Facebook we're creating here," Mr Welford said, referring to the popular internet networking site.
"The Courier-Mail is playing to the ridiculous, extreme and hypothetical, and I will not be drawn into playing your game."
He said - to his knowledge - no one had gained unauthorised access to Education Queensland's other online databases.
Students must accept it
Mr Welford has warned OneSchool is "non-negotiable" and students could be denied an education if they don't divulge required information.
He also said he understood some people might have concerns about the security of online databases but OneSchool was designed to be more secure than the current system.
"If they don't want to have any of their information recorded ... how else does one record a student's results," he said.
However Civil Liberties Council vice-president Terry O'Gorman yesterday said parents should be concerned, warning the OneSchool system could put students' privacy at risk.
Mr O'Gorman called for the system to be restricted so principals and teachers could access data only on their own students, with non-teaching staff excluded and no access for home computers or laptops.
"Why should anyone other than the teacher of a particular student and the principal of that school have a right to know what a child's academic performance is, behavioural status is or what their life aims are?" he said.
"It just puzzles me as to how it can have any possible benefit to centralise that information, whereas it has a clear privacy downside."
At least four Queensland teachers have been arrested in the past fortnight in connection with an international child porn network. One is accused of super-imposing photos of himself and his students on online images of children being sexually abused.
OneSchool users will have passwords to one of 12 different levels of access to the encrypted data, according to their role.
Until now schools have used paper records and offline computer or internet-based databases to store student information.
Queensland Council of Parents and Citizens Association vice-president Charles Alder rejected concerns about security breaches.
"The security standards on this are as high as on any other system," he said.
Queensland Association of State School Principals president Norm Hart also supported OneSchool.
The first phase of the database rollout, to be completed by December, focuses on developing accurate student-management records including school reports, contact details, attendance, extra-curricular activities, behaviour, career aspirations and parental contact. ..News Source.. by James O'Loan and Melanie Christiansen
MO- Sex Offender Statutes and Savvy Readers
10-29-2008 Missouri:
Well, I have to say, I'm impressed. In the comments section of the story on yesterday's federal ruling concerning the Doe v. Nixon case, or Registered Sex Offenders v. Missouri, I saw some extremely well-reasoned arguements and informed comments.
Since the hearing, held in St. Louis, was about four hours in length, it was difficult to pull the most pertinent information into a story short enough to run in print. However, in this vast expanse of blogland, here's a sampling of some of the other things said during the oral arguments:
Dave Nelson, an ACLU attorney repesenting the four plaintiffs, all registered sex offenders, mentioned that he hoped US District Judge Carol E. Jackson would address the "SNL arguement." Nelson was referring to a statement in an opposition filed by Cape Girardeau County Prosecuting Attorney Morley Swingle, using a Saturday Night Live skit to demonstrate what Swingle called the "reasonableness" of the law.
Nelson also mentioned that since filing the lawsuit, the ACLU had been contacted by other "potential plaintiffs." After the hearing, Swingle said he anticipated meeting many more registered sex offenders before the issue was resolved.
In his argument, Nelson argued that requiring someone to remain in their home during a certain time on a specific date amounted to a punishment by restricting their freedom of movement, a concept central to the American idea of punishment.
Both the U.S. and Missouri constitutions prevent someone being punished under a law that wasn't enacted until after their sentence.
Attorney Chris Quinn, who represented Gov. Matt Blunt and Attorney General Jay Nixon in the suit, countered that maintaining that all registered sex offenders remain in their homes from 5 p.m. to 10:30 p.m. on Oct. 31 was "hardly a tyrranical restriction."
Quinn also questioned Nelson's use of the term "scarlet letter," to refer to the statute's requirement that sex offenders turn off their residential lighting and post a sign outside saying no treats or candy were available.
"There's nothing inherently stigmatizing about putting a sign on your door," Quinn said. The stigma, Quinn said, lay in the conviction itself.
Quinn argued that Halloween is such an old and recognized holiday that the general public should understand what the phrase "Halloween related activity" is intended to mean in the statute.
Judge Jackson interjected and asked him if bobbing for apples in the basement of your residence would be considered Halloween-related activity and therefore prohibited.
Quinn didn't answer.
A letter sent by the Cape Girardeau County Sheriff's Department to all 85 registered sex offenders in Cape Girardeau County did raise concerns about the interpretations of the statute, argued Nelson.
Jackson later agreed during her 40-minute explanation of her decision to grant partial relief and bar the three named counties from enforcing the first two provisions of the statute, those involving staying inside during certain hours and avoiding Halloween-related activity.
Since a federal judge has already called those parts of the law vague and unclear, Swingle said he'd be surprised if any Missouri prosecutor chose to file charges this Friday against a registered sex offender for violating either of the disputed portions of the statute. ..News Source.. by Southeast Missourian
MD- Maryland afraid of strangers with candy on Halloween
This is a MUST READ, writer has hit the nail on the head!
10-29-2008 Maryland:
The Division of Parole and Probation in Maryland is requiring about 1,200 registered violent and child-sex offenders to post a sign reading "No candy at this residence" on their house before Oct. 31. Registrants are also required to stay at home on Halloween with their outdoor lights off and to not answer their doors.
This is national news, and it has been greeted with roars of approval from some sides and jeers from others. The reasons for it are obvious. Children go from door to door, trick-or-treating with strangers, and the possibility that some of these strangers might be a sex offender is enough to make any parent nervous.
Those in favor say that sex offenders are already registered, that a dedicated parent can find the names of neighborhood offenders in official databases anyway, that the only people being hurt by this gave up their freedom the day they acted on their impulses. Nobody is going to shed any tears over the loss of a sex offender's privacy. But does this make it OK?
The only difference between a registered sex offender and an uncaught or potential sex offender is that the former of them is registered. Also, "sex offender" and "pedophile" are not synonymous. Technically an eighteen-year-old who has sex with a seventeen-year-old has committed statutory rape in California, for instance. That "no candy" sign is nothing short of a scarlet letter, and the label of sex offender is not something neighbors will forget.
Naysayers point out that there has never been a reported Halloween child molestation case, and this makes sense. Halloween is high profile. Children almost as a rule travel with aÂdult chaperones. This nervousness is only paraÂnoia, and registrants are suffering an unprecedented breach of privacy to soothe it.
These signs do not make anybody safer. If anything, they serve to stoke up an irrational fear at the thought of one of those pumpkin signs appearing on a neighbor door. This country has shown before that the populace is often willing to give up freedoms for the illusion of safety.
And for those of you who say bah-humbug on Halloween, think twice before you put up that sign that says "no candy." ..News Source.. by Sean Irwin
IN- No Halloween for sex offenders
"In my 25 years prosecuting sex crimes we have not had a child snatched up on Halloween," said Allen County Prosecutor Karen Richards. "Most sexual abuse of children is perpetrated by someone the child knows. They groom their victims with gifts and presents, little steps to power and manipulation."
10-29-2008 Indiana:
Statistics gathered by the U.S. Department of Justice show that 93 percent of the people who commit sex crimes against juveniles know their victims well beforehand.
That leaves the chances of a sex offender snatching up a random child out trick-or-treating for Halloween this Friday slim to none. But to be safe, the Indiana Department of Correction has enacted a statewide program designed to keep some sex offenders out of sight and out of the way between 5:30 and 8:30 p.m., the prime trick-or-treating hours.
And, as always, officials are asking parents to practice some common sense with their little ghouls and goblins.
"It's important not to let children trick-or-treat alone," said Cpl. Jeff Shimkus, a member of the Allen County Sheriff's Department's Sex Offender Registry and Notification team.
As part of the Department of Correction program, sex offenders on parole in Allen, DeKalb, Huntington, LaGrange and Noble counties are required to stay inside their homes from 5:30 to 8:30 p.m. with the front porch lights off and a special sign provided to them posted on their doors alerting children and parents that no candy will be handed out there.
Parolees in Whitley, Kosciusko, Wells and Adams counties are ordered to attend meetings at nearby jails during trick-or-treating hours, according to Fort Wayne Parole District Supervisor Dave Wuthrich. There they will receive information about treatment for sex problems and tips on how to stay in the good graces of their parole officers, according to the Department of Correction.
All offenders have been notified by letter of what they have to do, according to officials.
Those offenders ordered to stay in their homes must be available to answer their doors, as police and parole agents will be checking those homes to make sure regulations are being kept. Failure to do so could result in a parole violation.
"Nobody there can be giving out candy if an offender lives in the house," Shimkus said. "It doesn't matter if their mom or dad or another family member lives there too."
In Allen County, about 100 sex offenders are on parole and will be affected, according to Shimkus. Fort Wayne and New Haven police officers will check homes of parolees in their jurisdictions while sheriff's reserves will be checking homes in the county area outside those cities.
Some parole agents will also help in Allen, whereas parole agents will handle the brunt of home checks in DeKalb, Huntington, LaGrange and Noble.
In addition, the Allen County Adult Probation Office has ordered the 94 sex offenders currently on probation in the county to adhere to the same rules as those on parole. Armed probation officers will be checking those homes and offenders not in compliance could be referred to a judge for violating probation, according to Chief Probation Officer Eric Zimmerman.
That leaves about 450 or so registered sex offenders in Allen County who are not on parole or probation and are free to hand out candy if they like. Federal statistics gathered throughout the 1990s show that 93 percent of the people who committed sex crimes against juveniles knew their victims beforehand.
"In my 25 years prosecuting sex crimes we have not had a child snatched up on Halloween," said Allen County Prosecutor Karen Richards. "Most sexual abuse of children is perpetrated by someone the child knows. They groom their victims with gifts and presents, little steps to power and manipulation."
"It is very rare, although it does happen, that a child is snatched off the street by a stranger," she added.
Still, officials warn to be safe. Parents can check the statewide sex and violent offender registry on the Web at www.insor.org/insasoweb or the Allen County registry, which can be found on the sheriff's Web site at www.allencountysheriff.org.
"If there's a sex offender nearby, just don't go to that home, whether they're allowed to give out candy or not," Shimkus said.
..News Source.. by Jeff Wiehe, The Journal Gazette
NV- Budget Cuts May End Halloween Sex Offender Checks
Use of FEAR to get money, sad!
10-29-2008 Nevada:
Sex offenders living in the valley may not get their regular Halloween night visit from their probation officers. Because of budget cuts, Parole and Probation cannot afford Operation Scarecrow, meant to keep trick-or-treaters safe.
The whole point of Operation Scarecrow is to make sure sex offenders have no contact with children. Offenders aren't allowed to have decorations and cannot hand out candy. But this year, the state can't afford to pay the P&P officers who enforce these rules so they've had to come up with a different plan.
Halloween on a Friday may sound perfect for kids dressing up to trick-or-treat, but for the state's P&P office, it's a nightmare.
"The 31st is Nevada Day, which is a holiday and anybody who worked that day would have to get holiday premium pay, which is double time and half and the budget just can't handle that this year," said Ron Cuzze, President of the State Law Enforcement's Union.
He says with no money, P&P's Operation Scarecrow had to be moved. In years past, officers have gone door to door on Halloween night making sure sex offenders weren't luring children into their homes. Because of the holiday, to do that this year would cost more than $30,000.
He blames Governor Jim Gibbons' budget cuts, "He said that budget cuts would not affect public safety and we know now that budget cuts are so bad this it is affecting public safety."
Operation Scarecrow has now been moved up one day which some think defeats the entire purpose.
A few probation officers are also working with federal authorities and Metro on Halloween night to make sex offenders are following the rules.
"There are certain sex offenders in our community that have to register with us and they need to remain in compliance and we have officers assigned to make sure they are in compliance," said Metro Officer Cris Johnson.
But Cuzze thinks this may be just a glimpse of what's to come, "I'm very concerned that public safety is taking a back seat to the budget restraints. I believe that we could be entering in some dangerous waters for the public."
The governor's office says it's not the best situation to move Operation Scarecrow to the night before Halloween, but the governor says he still has confidence that the Department of Public Safety is doing all they can to make sure kids are safe. ..News Source.. by 8 EyeWitness News
AZ- Sex offenders especially scary during Halloween
10-29-2008 Arizona:
KINGMAN - This Halloween, Mohave County Probation Department officers will be out again in force to ensure registered sex offenders on probation will not be accepting trick-or-treaters at their residences.
Chief Probation Officer Friend Walker has directed his officers with sex offenders on their caseloads to visit the homes of those offenders on Friday, Halloween night, to make sure lights are off and they are not opening their doors to children.
"Our officers will be visiting many residences throughout Mohave County on Halloween . In some cases, they will make repeat visits," Walker said. ..News Source.. by KIngman Daily Miner
ID- Idaho to monitor sex offenders on Halloween
10-29-2008 Idaho:
BOISE, Idaho (AP) - State and local law enforcement authorities will visit the homes of supervised sex offenders on Halloween to make sure they staying away from children.
Kevin Kempf, the community corrections division chief for the Idaho Department of Correction, says the effort will help give parents extra peace of mind.
Offenders must keep their porch lights off on Halloween and they are prohibited from displaying pumpkins or any other type of Halloween decoration. They also must comply with a 5 p.m.-to sunrise curfew.
Probation and parole officers have no authority over registered sex offenders who no longer are on probation or parole. ..News Source.. by KTRV.com
UT- Sex offenders ordered to shun trick-or-treaters
10-29-2008 Utah:
At some homes in Utah, no one will answer the door for trick-or-treaters.
That's because the Utah Department of Corrections has told them not to.
State corrections officials have ordered all convicted sex offenders currently on probation to go out of their way to avoid contact with children this Halloween.
"All sex offenders under supervision have some restrictions every night of the year," said Angie Welling, a spokeswoman for the Utah Department of Corrections. "Halloween is a more high profile event and we want to protect youngsters in the community."
Corrections officials have asked sex offenders currently being supervised by Adult Probation and Parole to be in one of three places by the time night falls on Halloween.
"One is be at home. If they're at home, not to answer the door for trick or treaters," Welling said Tuesday. "The second place would be at work. The third is if they're a resident of our community correctional centers, nightfall is their curfew."
Adult Probation and Parole agents will also be out on Halloween checking up on some sex offenders. Welling said they have restrictions on sex offenders every day of the year, but the restrictions on Halloween is an extra layer of protection for offenders and the public alike.
Welling was unaware of such restrictions being imposed in years past.
Other states have imposed similar restrictions, with some controversy. A federal judge in St. Louis recently struck down a Missouri law that restricted some activities of convicted sex offenders, like forcing them to stay inside their homes.
They still must keep their lights off and hang signs saying they have no candy.
In Idaho, corrections officials have ordered convicted sex offenders to keep their porch lights off and they have been prohibited from displaying pumpkins or any other type of Halloween decoration. In Arizona, authorities will be patrolling past the homes of offenders to ensure they are not opening their doors to trick-or-treaters. ..News Source.. by Ben Winslow
CA- Sex offender checks set for Halloween
10-29-2008 California:
Some of those wearing law enforcement uniforms going door to door in the Redding area Halloween night might be the real deal.
Parole agents with the California Department of Corrections and Rehabilitation and local law enforcement officers will make a countywide sweep on paroled sex offenders to make sure they're not mingling with trick-or-treaters.
It's called Operation Boo.
And it's no secret that it's coming.
Duane Morlan, assistant unit supervisor for the CDCR's Redding parole unit, said that each of the paroled sex offenders in Shasta County recently was mailed a notice detailing the sex offenders' rules for the evening.
Parolees who have been convicted of sex crimes have a curfew from 5 p.m. Friday to 5 a.m. Saturday and must remain indoors. All exterior lights on their homes must be turned off, and they're not allowed to offer Halloween candy or put up decorations.
Under the rules, they can answer a knock on their door only if law enforcement officers announce their presence.
Teamed with law enforcement officers from around the county, parole agents will canvas the county from Cottonwood to Lakehead knocking on doors.
The sweeps include only those on parole. The registered sex offenders listed on the Megan's Law Web site who aren't on parole are not included in the sweep.
Last year, parole agents, probation and police officers and sheriff's deputies went to the homes of around 45 parolees.
Mailing letters have been part of the compliance sweeps for years, said Redding Police Sgt. Mike Wood.
He said the sweeps have traditionally been more of a deterrent than a sting, serving as a way to keep children safe as opposed to catching parolees in the act.
Morlan agreed.
"If they blow this, they can't say they haven't had plenty of warning," Morlan said. ..News Source.. by Ryan Sabalow
