MO- Probation & Parole Cracking Down on Sex Offender Halloween Activites

10-24-2008 Missouri:

As many of you know, a provision of Missouri's new law adding further restrictions to sex offender activities regarding Halloween has been challenged by the ACLU in federal court. A hearing in the case, which includes a Cape Girardeau plaintiff, has been set for Monday morning at the federal courthouse in St. Louis.

In the meantime, Missouri Department of Corrections Board of Probation & Parole issued a news release outlining what they expect of registered sex offenders on Halloween.

All 65 District and Satellite Offices of the Missouri Board of

Probation and Parole will be giving each supervised, registered sex offender very specific guidelines to abide by on Halloween, according to the news release.

Prior to Halloween, each registered sexual offender that is still on state parole must sign a standardized directive that includes the following:

- During the Halloween season, I will make NO attempt to engage in any type of contact with children or go to any location where children are known to frequent in order to celebrate any type of Halloween festivities.

- I will remain inside my residence between 5:00 p.m. and 10:30 p.m. unless there is just cause to leave.

- I will post the sign "NO CANDY OR TREATS AT THIS RESIDENCE" provided by my Parole Officer on my front door.

- I will leave all outside residential lighting off during the evening hours after 5:00 p.m.

Failure by the supervised, registered sex offender to comply with these directives will result in a violation of their probation or parole and may result in revocation. Violation of these provisions of the law can also constitute a class A misdemeanor which may be enforced by local law enforcement for any registered sex offender.

Now, our own chief law enforcement officer, Cape Girardeau police Chief Carl Kinnison, has been named in the lawsuit along with prosecutor Morley Swingle, in an attempt to legally bar them from citing or prosecuting the offender filing the suit, who is no longer on parole, so they would not be required to sign the above directive.

The lawsuit challenges the statute's definition of what constitutes forbidden "Halloween-related activities" saying its vague and unclear. For example, since three of the four plaintiffs in the suit have custody of their own children or step-children, would putting their child in a Halloween costume or carving a jack-lantern with them constitute an offense?

Tammy Gwaltney, director of the Southeast Missouri Network Against Sexual Violence, had this to say:

"I'm more concerned about what they (registered sex offenders) are doing 365 days of the year, not just Halloween."

Steve Long, Chairman of the Board of Probation & Parole, said all 65 of the District and Satellite offices would be cracking down on enforcing the law for those still on supervised probation, and that several of the offices were instituting even tighter restrictions.

"Probation and Parole is committed to public safety 365 days a year but especially on Halloween when children are going trick-or-treating," Long said in a prepared statement. ..News Source.. by Southeast Missourian