March 9, 2009

VT- A tougher stance against sex crimes

Nothing mentioned nor the Adam Walsh Act -if in place before Brooke's muder- would have prevented that crime. Lawmakers continue to believe TRACKING of FORMER OFFENDERS is the answer to preventing future crimes, when 95% of new sex crimes are committed by someone who has never committed a sex crime before. How blind are lawmakers!

3-9-2009 Vermont:

BRATTLEBORO -- Lawmakers in Montpelier hope to amplify the state's new sex crimes law by increasing registry standards online through a new piece of legislation.
Twenty-eight representatives have co-sponsored a House bill designed to increase registration among sex offenders in Vermont, including convicted individuals whose crimes predate the state's new registry conditions.

The proposed legislation also instructs offenders to provide more information to the registry, which in turn is posted on the Internet on the state's Web site for sexual offenses. If implemented, the act would make a greater amount of information available to the public.

Sex offenders will have to make periodic in-person appearances to verify the information contained in the registry remains up to date.

"The registry is a way for parents to know what's going on in their community to better protect their children," said Rep. Patricia O'Donnell, R-Vernon, one of the bill's sponsors. The recently passed sex crimes bill was a good piece of legislation, but the only missing piece to it was Internet registration for offenders, she added.

But the legislation does not stop at just making sex offender information more accessible to the public, the bill also seeks to expand the minimum duration period of registration for sex offenders.

It also calls for offenders who intend to temporarily stay within Vermont's border for a span of 10-plus consecutive days or for 30 days in a 12-month period to register as well.

OK, how do lawmakers expect VISITORS to Vermont will be notified of either of these provisions? Why do lawmakers seem to lack the ability to think into the future and due process is a major item they never think of.

O'Donnell said much of the legislation is based on the Adam Walsh Child Protection and Safety Act, which aims to synthesize a nationwide sex offender registry online.

Congress passed the measure in 2006, 25 years after Adam Walsh was abducted from a Florida department store and was found murdered 16 days later. (by whom? There is no proof a sex offender was involved at all, mere speculation).

But because of the federal guidelines within the act, Vermont officials have to review the classification criteria to ensure it does not generate a constitutional variance. If lawmakers in Montpelier were to pass the bill as written, Vermont would have to spend millions of dollars to cover legal costs of establishing the new standards.

With this in mind, representatives are looking at the pieces within the legislation that best fits within Vermont's statutes.

"(Congress) wants all the states to pass the legislation or else they're going to withhold certain federal funds," said Rep. John Campbell, D-Quechee, who serves as vice-chairman on the Senate Judiciary Committee.

The problem with the Walsh Act is there is no state yet that can pass it because of the cost and the underlying constitutional issues, said Campbell.

True, it violates the 10th amendment and several others!

Currently, the state has a more unrestrained online requirement -- only about one-fifth of Vermont sex offenders meet the minimum threshold necessitating them to register online -- than neighboring New York and New Hampshire, which O'Donnell says could cause more offenders to jump the border into the Green Mountain State to avoid certain Internet registration preconditions.

"That to me is unsafe for our families. Our standards should be as strong as our bordering states," she said. "We have to do everything we can to protect our children from these kinds of crimes."

Legislators look to continue to develop stricter policies for sex crimes, building on the state's recently passed Senate bill 13 designed to improve the sexual abuse response system.

Gov. James Douglas signed the bill into law at a public ceremony in Bethel last Wednesday afternoon.

"It was a great cooperative effort of people of all political afflictions," said the governor.

Advocates say the law will provide an extensive focus on sexual violence prevention in schools and communities by educating Vermonters of all ages about the reality of the issue.

The new statute also funds a new Special Investigation Unit, as well as additional protections for victims, designed to make the criminal justice system safer and more accessible for victims of sex crimes.

Officials in the Statehouse pushed for tougher prosecution laws regarding sex offenders after the death of 12-year-old Brooke Bennett, who was kidnapped, raped and murdered by her uncle eight months ago.

"Every year, untreated, violent sex offenders, who are likely to offend again according to Corrections, are released into our communities," and these crime prevention steps would likely have been taken without the tragic incident with Brooke Bennett, said Douglas.

O'Donnell said moving forward on the duplicated Walsh Act will allow the Legislature to continue to work on creating tougher laws for sex offenders.

"My main hope in all of this is that we strengthen the Internet sex offender registry," she said. "I think the best thing the Legislature can do for the communities of Vermont is to protect our children from these predators." ..News Source.. by Chris Garofolo

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