The very first thing to remember, as to those sex offenders who are on parole or probation and have been told to live under the bridge, there is a resolve to this dilemma. This place under the bridge is a "facility" of the parole and probation department (Owned by the state), a place they send such folks to live in. Accordingly the Civil Rights of Institutionalized Persons Act is applicable:
Whenever the U.S. Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in or confined to an institution, as defined in section 1997 of this title, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to insure the minimum corrective measures necessary to insure the full enjoyment of such rights, privileges, or immunities, except that such equitable relief shall be available under this subchapter to persons residing in or confined to an institution as defined in section 1997(1)(B)(ii) of this title only insofar as such persons are subjected to conditions which deprive them of rights, privileges, or immunities secured or protected by the Constitution of the United States.
Someone should be OFFICIALLY contacting the US Attorney General! Need any more be said?
eAdvocate
7-2-2009 Florida:
MIAMI, July 2 (UPI) -- About 80 men say they call Miami's Julia Tuttle Causeway home because a Miami-Dade law restricts where people convicted of sex crimes with minors can live.
The men told The Palm Peach (Fla.) Post the ordinance has made it nearly impossible for them to find legal living quarters because it prohibits them from living within 2,500 feet of schools, playgrounds, or, in some instances, school bus stops.
Before Miami-Dade adopted the ordinance in 2005, state law applied, which required offenders live at least 1,000 feet away from such sites.
"Terrorists, members of al-Qaida, live better at Guantanamo (Bay, Cuba, military prison) than we do," said Armando Martinez, 49, convicted for attempted sexual battery against a child.
About 100 Florida cities expanded their buffer zones and state officials fear the "homeless sex offender" problem will spread, the Post reported Thursday.
Acknowledging that the men won't generate public sympathy, Howard Simon, executive director of the American Civil Liberties Union of Florida, said people must understand that living under an overpass creates "a more dangerous situation."
"Because of the conditions, some of these individuals are absconding, evading supervision," Simon said. "These ordinances interfere with the Department of Corrections ability to keep track of them. This is a crisis situation."
Florida Department of Corrections spokesperson Gretl Plessinger, said she agreed with Simon's assessment.
"Our concern is for public safety," Plessinger told the Post. "If they are homeless there is more of a chance they will abscond. ..Source.. by UPI
2 comments:
One this I would like to know is this , Why was there no previsions put into the LAW that ( Ron Book wrote and lobbied to pass ) provides homes and job;s for these people ? It is a fundamental right for every one to have housing and shelter but since they are Monsters and sex offenders they have been labeled , demonized and segregated AFTER serving there time in prison ! Ron Book blames the D.O.C. and others for a LAW he made and lobbied for and got passed . Then you have the people that have passed them KNOWING they are unconstitutional and will create this mess But NO one is willing to fix it ? Some thing is wrong here when you take some ones RIGHT TO HAVE A HOME OR JOB FROM THEM THEN you the very state that did this HAS the responsibility to provide them with the very thing YOU have taken ! Having a place that is safe and that has every standard of living that WE normal Americans enjoy is a RIGHT and to take that away is nothing short of A HUMAN RIGHT VIOLATION !
To Trickson:
Generally, there are no rights built into the constitution for housing, jobs, etc. for anyone, except under certain conditions; read on! However, when someone is under the jurisdiction of the state (i.e., parole, probation, or a ward of the state) the conditions of confinement do vest certain rights to those folks. In addition, there are laws and standards which must be followed for incarcerating folks, that is what is being violated here. The "conditions of confinement" are protected by the above civil rights law.
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