October 30, 2010

U.S. Marshals' 'Operation Trick No Treat' nets sex offenders

Given there is zero reason to have U.S. Marshals doing this, my guess is they are trying to justify their existence, esp. with crime being down nationally.
10-30-2010 New Jersey:

A squad of armed officers got a jump on Halloween this week, sweeping up more than a dozen unregistered sex offenders in North Jersey during “Operation Trick No Treat.”

It was the first time out of the box for a new unit, the Sex Offender Investigations Branch of the U.S. Marshals Service. And it began with 61 case files of people convicted of raping, molesting or fondling minors or adults.

Of the sixty-one cases, an administrative ‘filtering process’ closed 24 cases: The offenders were either dead, locked up or in the hands of other jurisdictions.
"...or in the hands of other jurisdictions." In other words, they had legally moved and for unmentioned reasons, the records were not updated by the police, which lead to them being listed as non-compliant. The failure of registering agencies, or computer programming, cost taxpayers.
The squad then tracked down the 37 others, completing 235 early-morning compliance checks, leading to 14 arrests.
14 arrests, that means 5.9% of their registrants were out of compliance. That number keeps coming up no matter whether it is compliance or recidivism.
All were charged with failing to register and/or failure to verify address change, under Megan‘s Law.


In addition to the arrests, the Marshals Service said, “leads were developed and forwarded to other agencies for enforcement.”

Forty officers in all participated -- from agencies that included the Hudson, Passaic and Morris county prosecutor’s offices, Port Authority police, the state Corrections Department, and Paterson and Newark police, among others.

The unit’s mission is to protect the public from sex offenders and offenders against children by assisting jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. ..Source.. CliffviewPiolet.com

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October 28, 2010

The 10th Cir Court of Appeals issues decision on "Internet anonymous free speech" of Utah's sex offenders

UPDATE 3-10-2011: Many thanks to the reader for this important update: "The Doe v Shurtleff at. el., 2010 WL 4188248 (C.A.10 (Dec. 1, 2010), decision was appealed to the United States Supreme Court (SCOTUS). SCOTUS denied the Pet. for Cert. on March 7, 2011. This does not mean that SCOTUS did agreed with the Tenth Circuit, it just means they will not hear the case. They are well aware that the White v. Baker decision out of Georgia says it is unconstitutional. There is a preliminary injunction in Doe v. Nebraska as well on this issue. A new lawsuit was filed in Feb. 2011 against New York's E-STOP as well."
10-28-2010 Utah:

Folks may remember this case from 2008 where Utah had amended its registry laws to require registrants to turn over their Internet IDs, Passwords and any place on the Internet they visit.

Well Mr. John Doe, who was no longer on parole or probation or any other form of supervision, sued to stop the enforcement of the law against him. The Utah court did issue an injunction to prevent enforcement of the law against Mr. Doe because it felt his rights to anonymous free speech on the Internet were being violated by the new state law.

We now know that, following that decision the Utah legislature changed the law. The new law said, registrants still had to fess up the Internet IDs but not the passwords, and that information would be kept private and used ONLY for criminal investigations by the police. The Utah AG goes back into court and gets the Injunction lifted. Mr. Doe must comply.

Mr. Doe then takes the case to the Federal District court claiming, even this new law violates his rights to anonymous free speech on the Internet. The District court agrees with what the Utah AG said, and told Mr. Doe to provide the information asked for by the state.

Mr. Doe then appeals the District court decision to the 10th Cir Court of Appeals, which issued a decision today. The Appellate court rules, like the District court, that Mr. Doe's rights are not violated because, the state law says the Internet IDs will be kept private and used ONLY for criminal investigations.

Going back in time the news reports can be found HERE and HERE and HERE, and the court decisions HERE.

That ends the legal side of that case, and one would think thats where it ends. Not so Sherlock. Along comes the Adam Walsh Act, modified recently by the Kid's Act, and as to Internet IDs says the following.

ALL registrants of state registries, that includes Utah registrants when Utah enacts provisions of AWA, must submit Internet IDs, BUT, how AWA allows use of the Internet IDs appears to violate the 10th Cir Court of Appeals decision as to Utah registrants (or at least Mr. Doe).

AWA allows social networks to compare Internet IDs to their files (this happens by the U.S. Dep't of Justice giving all registrants Internet IDs to the social networks), to see if a state registrant has an account on the social network, and if so, that social network MAY kick the registrant of the social network site.

There is no doubt that, the federal government allowing ANY social network access to Internet IDs for their purpose, is not the same as, police using Internet IDs for the purpose of criminal investigations. Hence, as to Utah registrants, their rights will again be violated.

So far, to my knowledge, no Utah registrant has realized how AWA will use their Internet IDs, in violation of the 10th Cir Court of Appeals decision, and filed a new court case on this issue.

It is clear we have not heard the end of this issue, at least for Utah registrants.

For now, have a great day and a better tomorrow.
eAdvocate

PS: Hint hint hint, if any reader knows a Utah registrant, you may want them to read the above.

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October 27, 2010

Federal judge shuts down file-sharing site LimeWire

10-27-2010 New York:

A judge for the US District Court for the Southern District of New York [official website] issued a permanent injunction [text, PDF] Tuesday that will prevent music file-sharing website LimeWire [website] from providing online users with the software necessary to share copyrighted files. The injunction shut down the website, which plaintiff Recording Industry Association of America (RIAA) [trade website] claimed has allowed for "millions upon millions of users" to illegally access and distribute copyrighted songs. The district court ruled that RIAA has suffered and continues to suffer irreparable harm to its business and that even a permanent injunction will not give RIAA adequate remedy for its potential future injury as a result of continued peer-to-peer (P2P) file sharing. The court also decided that LimeWire intentionally encouraged copyright infringement, particularly in light of its knowledge of other recent cases involving illegal file-sharing websites, like Grokster and Aimster [EFF materials]. LimeWire could face a minimum of $150,000 in statutory damages per each copyright violation, placing its total damages over $1 billion [PCWorld report]. The court will rule on damages in January. ..Source.. The Jurist

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October 25, 2010

Proposed Bill To Ensure Sex Offenders Properly Register

10-25-2010 Ohio:

COLUMBUS, Ohio -- State Representative Nancy Garland announced her plans to introduce legislation that will ensure all sex offenders will fulfill their registration requirement, Monday.

The bill, developed by Ohio Attorney General Richard Cordray, was created as a fix to an unintended consequence of a recent Ohio Supreme Court decision.

A fix, Rep. Garland says is crucial for maintaining the safety of the members of the community.

"Fixing the unintended loophole from the Supreme Court decision will give the legal system the tools they need to effectively track offenders and will provide Ohioans a piece of mind," said Rep. Garland.

The bill is designed to give prosecutors the ability to effectively prosecute any sex offender who fails to comply with the registration requirements.

The situation began in January 2008 when the Adam Walsh Act replaced the previous legislation known as Megan’s Law, which covered sex offenders.

The Walsh Act required the Ohio Attorney General to reclassify sex offenders into Tiers I, II or III. The previous classifications under Megan’s Law were “sexually oriented offender, habitual sex offender, sexual predator” etc. As a result, several sections of the sex offender registration requirements were repealed.

The need for this legislation arose from the Ohio Supreme Court’s ruling on State v. Bodyke in June.

The decision from this case exempted sex offenders convicted under Megan’s Law from the need to comply with registration requirements, which wasn’t the original intent of the Adam Walsh Act. The new legislation will correct this situation, according to Rep. Garland.

The proposed bill will only affect offenders who were classified by the courts prior to Jan. 1, 2008 when the Adam Walsh Act became a law, approximately 20,000 Ohio sex offenders. ..Source.. Alex Mazer

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South Carolina Sex Offender Law Offers No Protection At School Bus Stops

Sex offender laws are not supposed to protect anyone at bus stops, and there is a reason for that, no registered sex offender has ever abducted or committed a sex crime at a school bus stop, which was in front of or close to his/her home. Fear mongers have posed the idea, but the reality is, this is not how offenders commit crimes.

Has a child ever been abducted from a school bus stop, likely yes (Phillip Garrido did exactly that) but he lived miles away in the next state. Moving bus stops or preventing offenders from living near them will not prevent what the fear mongers have said. Parents need to take and pickup their children from bus stops, its that simple, it is not up to the state to pass a law to protect children at bus stops, its a parent's job.
10-25-2010 South Carolina:

AIKEN COUNTY, S.C. -- South Carolina passed its sex offender residency law two years ago. Under the law, offenders can not live within 1,000 feet of schools, day cares and parks.

But, those residency restrictions do not include school bus stops.

Dawn Bieber stands at her son's bus stop to make sure he gets home safely from Hammond Hills Elementary in North Augusta.

"Every morning and every afternoon to get them off the bus...even though it's right down the street from the house," Bieber said.

While Bieber keeps a close eye on her son, South Carolina's sex offender law DOES NOT prevent sex offenders from living near school bus stops.

"We come out it's still dark. It's 6:20 in the morning. So, you don't know who is outside," Bieber said. "As parents we try to make sure we stay together and make sure one mom is as least outside."

Sgt. Chris Funk with the Aiken County Sheriff's Office says the sex offender law puts the responsibility on school districts.

"Take turns watching the bus stop, make a rotation, share the responsibilities as a parent watching all the students at the bus stop---walking to and from the bus stop," Funk said.

South Carolina Law Enforcement is currently working on a statewide mapping system to help you find where sex offenders are living from county-to-county.

Offender Watch is already available online in Aiken County on the sheriff's office website.

Under Georgia law, bus stops ARE included in residency restrictions for sex offenders, can not be enforced.

The state recently approved other changes to that law.

Georgia offenders cannot live within one-thousand feet of places where children gather if the incident happened on or after July 1, 2008 or based on the severity of the offense. ..Source.. Sheena Bodie

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Fears of juror biases often prevent rape cases from making it to trial, Cuyahoga County prosecutors say

10-25-2010 Ohio:

CLEVELAND, Ohio -- One factor can trump all others when prosecutors are deciding whether to take a sex assault case to trial or to give the accused a plea deal: the public's preconceived notions of what constitutes rape.

More than most crimes, rape stirs emotions within the public consciousness and prompts gut reactions to the circumstances and characters involved. Prosecutors often feel they have to review their cases with consideration to how the facts might play on a jury. And that means many cases are never brought to trial or are pleaded down to lesser charges or sometimes to non-sex-related offenses that exempt the defendant from having to register as a sex offender.

According to a Plain Dealer analysis, defendants accepted plea deals in about 70 percent of the 2,477 sex crimes cases indicted in Cuyahoga County between 2004 and 2008.

Of those, more than 18 percent pleaded guilty only to non-sex offenses. And among the minority of cases that were decided by juries, about 18 percent of defendants were acquitted of all sex charges.

Consider the case of Jayson Murphy, whose guilt or innocence hinged on whether a Cuyahoga County jury believed his story or his former girlfriend's.

Murphy did not deny that he took photos of his naked, unconscious girlfriend, presumably drugged, lewdly posed with sex toys and his dirty underwear draped over her face.

But for months before that night last fall, the couple had been having kinky consensual sex, role playing and snapping photos. For a panel of Cuyahoga County jurors, what they labeled "implied consent" was enough to acquit Murphy of rape.

"She was a hypocrite," one juror said in an interview after the verdict was announced. "If she didn't take those photos originally, I would have been more in her favor. But their relationship was all about lust and infatuation and role playing. That was a big factor."

Looking to plant seed of reasonable doubt

Jurors, as community members, often adopt biases and expectations of appropriate behavior by victims before and after reporting a sexual assault and during the attack itself, said Lisa Frohmann, a Chicago-based sociologist who has studied prosecutorial decision-making in rape cases.

"Jurors make assumptions about women who are from a different socioeconomic background or who might lead a lifestyle they deem unsafe or inappropriate but is completely acceptable in communities with lots of poverty or drugs," Frohmann said. "Society tends to have ideas about who really can be raped, what a real rape victim is."

Assistant Cuyahoga County Prosecutor Dave Zimmerman, major-trials supervisor under Prosecutor Bill Mason, said every element of the victim's story and lifestyle -- whether she uses drugs, had consented previously to sex with her attacker, willingly let him into the house or waited days before reporting the assault -- can become fodder for defense attorneys looking to plant the seed of reasonable doubt in the minds of jurors.

Under Ohio's Rape Shield law, evidence of a victim's past sexual activity or reputation of promiscuity cannot be admitted into trial. However, pregnancy, disease or semen from a source other than the defendant can open the door for defense lawyers to grill the victim on her sex life.

And unless the defendant chooses to testify, judges often ban prosecutors from presenting evidence of a defendant's prior convictions -- leaving the victim's behavior exposed to greater scrutiny than the offender's.

Murphy took the stand in his own defense, so jurors learned of his 2001 attempted domestic violence conviction. But they were unaware of a rape accusation against him that never made it past the grand jury in 1993.

Trying to figure out which strategy is best

In most sexual assault cases, the victim knows her attacker. So jurors tend to dissect the nature of that relationship in the deliberating room, Zimmerman said.

Prosecutors seek to detect biases during the jury selection process, when lawyers ask questions to vet the pool of potential jurors for their opinions on issues germane to the case. But truthfulness is not always guaranteed. Defense lawyers, as they did in the Murphy case, have the power to strike from the panel any juror who might have a personal connection to a sexual assault victim and understands the complexities of prosecuting such crimes.

Often, offering the defendant a plea deal not only spares the victim the trauma of reliving the attack on the witness stand, but it also means the defendant won't get away without a conviction, Zimmerman said.

"As a trial strategy, I'd rather have a plea than a not guilty," Zimmerman said. "It brings some satisfaction to the victim. And sometimes, going to trial to have the defendant register as a sex offender is not worth the risk of him being found not guilty."

But plea agreements carry their own risks

Such was the case in 2007, when Steven Othberg, then 21, was accused of molesting a 5-year-old girl whom he was entrusted to baby-sit.

The case made it past a grand jury and was indicted. But evidence was scarce, the young victim's story was inconsistent, and prosecutors worried that the lifestyle of the victim's parents would make a bad impression on the jury. The girl had two mothers, one of whom worked as a drag king at a local gay bar and was headed to work a late-night shift when Othberg baby-sat.

Prosecutors offered Othberg a chance to plead guilty to endangering children. As part of the plea, a sexually violent predator specification was dropped. And Othberg, who was sentenced to the single day he already had served in the County Jail, was free to go without the stigmatizing sex offender label.

But shortly afterward, he moved to Arizona, where he made a 3-year-old Scottsdale boy take off his clothes and Othberg -- again, the baby sitter -- touched him. Prosecutors had no trouble proving their case this time; Othberg had taken photos on his cell phone. In 2009, he was sentenced to 10 years in prison and was placed in Arizona's most dangerous tier of sexual offenders, required to register and wear a GPS tracking device for life.

Zimmerman, who signs off on the decisions that assistant county prosecutors make, said that, at the time, he made the best possible call based on the circumstances of the case, the weaknesses in the victim's testimony and the overall low likelihood of conviction on a rape charge.

"We make those tough decisions every day," Zimmerman said. "We do right by our victims and the community, and we believe in our cases. Knowing that a person is free who we believe committed a violent act -- that hurts. But sometimes there's nothing we can do about it, besides hope we'll get him the next time."

A move to ban plea deals in sex offense cases

One state legislator in New York says that's not good enough. After conducting his own study of sexual assault case dispositions in his district, Assemblyman Richard Brodsky proposed a bill that he says is designed to prevent tragic conclusions like that in the Othberg case.

The bill would prohibit prosecutors in New York from offering plea deals in sex offense cases altogether, forcing them to take the case to trial, indict on lesser crimes or drop the charges.

"There are times when it makes sense to offer a plea agreement for some kinds of crimes," Brodsky said in a recent interview. "But there are many more times when really bad guys plead out of the sex offender category, we give them a 'get out of jail free' pass, then they come out and do it again."

Brodsky said that if prosecutors have enough evidence to indict a case, they should have enough to take it to trial. He argues that prosecutors plead out weak cases only because they don't want a loss on their records.

Assistant Cuyahoga County Prosecutor Anna Faraglia, who handled the Murphy case and has spent the past decade prosecuting sex crimes and murder cases, dismisses Brodsky's reasoning. She argues that banning all plea deals is insensitive to the needs of victims, could lead to backlogs on the docket and in the end means guilty defendants will walk.

"It's a whole different perspective when you're on the outside looking in," Faraglia said. "People don't know what goes into a plea. It's not because we don't think we can go forward. But it's also not as open and shut as it seems on TV. We're dealing with human emotions and sexuality and relationships. And at the end of the day, it's all about the 12 people you put in that box."

It all comes down to what jurors see, think and feel

Although jurors acquitted Murphy of rape, they convicted him of four counts of sexual battery -- a charge that carries a much lower burden of proof. Prosecutors had to show only that sexual conduct occurred, that the victim was substantially impaired and that the couple were not married.

Common Pleas Judge Peter Corrigan sentenced Murphy to 20 years in prison and labeled him a Tier III sex offender, required to register every 90 days for life. The judge said in a recent interview that he took into consideration Murphy's record and what appeared to be a dangerous and escalating pattern of crimes against women.

But that information was largely unavailable to jurors, who said they considered other factors in their decision to acquit on the rape charge.

One juror pointed out that the couple started dating after they met in traffic court, a dubious place to find a mate. They smoked marijuana together and shared a sexual relationship that included text messaging each other photos that were so risque, they made jurors blush with embarrassment to review them in the jury room.

"I can't believe some of the stuff that goes on -- what some people do," said one juror, who was in his 70s. "There are so many words that I've spoken this week that I had never even heard before."

Although Faraglia said the victim broke down in tears upon leaving the courtroom, some jurors said after the trial that they didn't feel the victim was emotional enough during her testimony.

She seemed more embittered by the relationship than traumatized by the attack, they said. Jurors admitted that the case did not fit with their prior perceptions of rape.

Many on the panel had agreed with Faraglia during jury selection that someone who is unconscious cannot issue consent.

But some later said they still struggled with the notion that a woman could be raped by someone with whom she previously had consented to more graphic sex than what occurred on the night in question.

"My idea of rape was always intimidation, violence, bruises," one juror said. "Nothing like this -- with two people who just met, living together and sexing each other on a consistent basis. She tried to present herself as the victim all the time. But if he didn't show her the pictures he took with his camera, who knows? She probably would still be with him." ..Source.. Leila Atassi, The Plain Dealer

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October 24, 2010

Dallas police 'erred badly' in turning away sex offenders who sought to register

10-24-2010 Texas:

Sex offenders who must update their registration with the Dallas police have been routinely turned away after waiting outside the department door for hours.

"I've got to abide by the law or they put me back in prison," said one offender who asked not to be identified.

Department spokesman C.L. Williams said the department "erred badly" by limiting the number of registrants to about three dozen a day in recent weeks, a short-term response to a manpower shortage during the State Fair of Texas. On one recent day, a small waiting room was packed and lines snaked down to the sidewalk outside the Jack Evans Police Headquarters. Similar scenes had been reported in recent weeks.

After the problem was called to its attention, the department stopped turning offenders away before they are registered.

Dallas residents shouldn't be "alarmed that there are large numbers of offenders in the general public who are out there unregistered because of this error," Williams said.

He estimated that only a few offenders out of the approximately 3,100 the department oversees may be out of compliance with the registration law. He said he was not aware of any arrests for noncompliance and said officers would be "looking closer" at arrest warrants for failure to register in the next few months to make sure no one is picked up after being turned away.

"For those that may have been caught up in this circumstance, been harmed by it, the message I have to them is, 'We'll look very closely at individual situations,' " he said. "We're not intent on putting people in jail for minor transgressions of the registration compliance if there's some reasonable explanation."

The decision to limit the number of registrants was implemented during the State Fair, Williams said, when two of four officers were temporarily reassigned to work the fairgrounds. Hours had been reduced earlier this summer as part of overall budget cuts, and Williams said that with four staffers again working to register the offenders, the department should be able to keep up.

Though the department is at fault for closing the doors early – and sometimes for several days for staff training – "it doesn't alleviate anybody else from their obligation to register," Williams said. "There is enough grace period that if you miss a date, you've got time to get back in."

Most offenders have 30 days before and after their annual registration date to comply with the law. Higher-risk offenders, who may be required to register quarterly, have a seven-day grace period. When changing jobs or moving, offenders have seven days before the change to notify authorities in person.

But some offenders say returning repeatedly to register has been difficult. Those who are employed have angered bosses who need them at work. For those who are unemployed, the cost of bus fare or gas to get to the sole downtown location can be a burden.

Ray Garcia, 25, showed up to notify the department of a change of address, only to be told to "come back on a later date." When he returned earlier this week, "I got here at 7 o'clock, and the line was all the way down there," he said, motioning to a sidewalk about 30 feet away.

The office is open on a first-come, first-served basis three days a week, 2 ½ hours a day.

Though he's been convicted before of failing to register, Garcia says he's trying to comply with the law.

Frustrated, he finally phoned the department while waiting outside. "I want you to tell me how I can fix this problem without violating my registration," he told the officer. The officer didn't have a solution other than to keep waiting, Garcia said.

Garcia said he told his probation officer about the problem, and others on parole said they, too, had notified their parole officers.

Spokespeople for probation and parole agencies said they were aware of the problem and had been assured it was being addressed.

"There's two issues," said Teresa May-Williams, assistant director of the Dallas County Community Supervision and Corrections Department. "One, the public needs to know and be aware of the sex offenders in their area. Two, we do not want to see problems with the clients trying to comply with their orders and the law as well due to some kind of system failure.

"They've assured us they're working on it," she said. ..Source.. DIANE JENNINGS

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Mailer links Lynch, offenders

10-24-2010 New Hampshire:

A Cornerstone Action mailer sent to voters this week tries to link Gov. John Lynch to sex offenders granted an early exit from prison under legislation reforming the state's parole system.

"Introducing Team Lynch," the flier reads, above a smiling photo of Lynch flanked by mug shots of four men who were granted parole a month ago, before they had reached their maximum prison sentences.

The "pretty substantial" statewide mailer went out this week, "mostly targeting independent households," said Kevin Smith, the director of Manchester-based Cornerstone Action.

The conservative group has paid for other advertisements attacking Lynch, a Democrat who faces Republican challenger John Stephen in the Nov. 2 election.

Lynch's campaign yesterday condemned the mailer as dishonest.

"John Stephen's allies and his friends at Cornerstone continue to play politics with public safety," said campaign manager Pamela Walsh. "They know what they're saying is false. Gov. Lynch has the support of the vast majority of law enforcement," including the endorsement of the New Hampshire Association of Chiefs of Police, "because public safety is his highest priority."

Smith defended the mailer.

"The fact of the matter is that . . . if (Lynch) didn't sign S.B. 500 into law, those folks wouldn't have been released nine months early," he said.

The law, known by its bill number as S.B. 500, was passed by the Legislature earlier this year with bipartisan support and was signed into law by Lynch. Among other things, it requires that inmates be paroled nine months before reaching their maximum prison sentences and be intensively supervised.

Lynch and other backers of the law say it aims to reduce recidivism. Stephen and other opponents say it releases sexual and violent offenders early. It has become a contentious issue in the gubernatorial campaign.

The Cornerstone mailer includes representations of news articles about the law and photos of four men, with "released" printed beneath their faces.

Anthony Blakney, 27; Michael Navarro, 26; Robin Woodburn Jr., 34; and Theodore Roosevelt, 37, are the men shown in the flier, and were granted parole Sept. 23. All have been described as sex offenders, but the details of the men's criminal histories could not be confirmed last night. None of the four men appeared in searches on the national or state online sex-offender registries, and all were listed on the Department of Corrections website as residents of prison facilities.

Greg Moore, a spokesman for Stephen's campaign, initially said he hadn't seen the mailer. After he was sent images, originally provided by the Lynch campaign, of the flier, he wrote in an e-mail that "the issues surrounding SB 500 are very emotional, and it shouldn't be a surprise they evoke a very strong response." ..Source..

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October 22, 2010

Sweep updates E.L. sex offender information

Here we begin to see what "non compliant" means, one reason is failed to keep paperwork up to date. I have no idea what that could mean, because all paperwork is completed by registrants in front of the registering agent, and if there is anything wrong with it, the agent should catch it and ask the registrant to fix it right then and there. Michigan -like other states- is going broke, but they can afford to send a TEAM of police to a registrant's home because of some paperwork glitch, which is really the state's error for not catching it when the registrant was standing in front of the agent. What happened to using one's brain in this situation, a letter to registrant, come in to fix ___ ___ by ___ date, rather than pay the salaries of a TEAM of police. The people in charge of this mess should be paying for these state errors, out of their paychecks.
10-22-2010 Michigan:


There are 900 registered sex offenders in Ingham County. And police don’t know where 31 of them are.

These are the results of recent sex offender sweeps through the tri-county area of Ingham, Eaton and Clinton counties.

The sweeps target registered sex offenders to ensure they have not given false information and are keeping up with the fines and paperwork associated with their sentence.

Many of the registered sex offenders do not pose a serious problem. Ingham County has a 93 percent compliance rate. From the 62 noncompliant offenders, 31 either have failed to pay a fee or keep their paperwork up to date, and 31 did not update the police when they changed their residency, or absconded.

The state of Michigan has a 92.5 percent compliance rate amongst its sex offenders.

Officers from multiple agencies joined together to perform the sweeps. There are various types of sweeps done throughout the year. On Tuesday, police performed a sweep called “Operation Verify.”

The sweep targets registered sex offenders who failed to verify their address in the first 15 days of October.

“If they didn’t check in with law enforcement, we’ll go in and target those offenders if they forgot, or ended up in jail, moved and didn’t change their address or decided not to comply,” Michigan State Police trooper Tim Burchell said.

Last year the State Police performed a random residence check for all registered sex offenders in the area.
Those who do not comply can be charged with anything from a simple misdemeanor to a four-year felony charge.

If a registered sex offender does not appear to be living at the listed address, police will continue looking for them, employing the help of the U.S. Marshal if the offender has left the area or the state, Deputy U.S. Marshal Joe Guzman said.

“We have a nationwide network of investigators more capable of handling them,” Guzman said. “Some are very difficult to locate. Some take years to locate.”

Burchell said police do not know the location of fewer than one percent of offenders in the local area.

“People can hide if they want to,” Burchell said. “It’s not always easy to find people, especially if they cross state lines and change their names. Usually we end up finding them, it just might take a while.”

Of the 21 registered sex offenders in East Lansing, 20 are compliant and 19 are on a 25-year sentence, which corresponds to a less serious crime, such as indecent exposure.

One resident is on a life sentence, usually assigned to sex offenders who have committed a more serious crime, such as rape or sexual assault, and one has a sentence period of less than 25 years.

East Lansing police Capt. Kim Johnson said the East Lansing Police Department has an officer to keep track of registered sex offenders in the area.

“The sex offenders, it’s not a big problem,” Johnson said. “We do not have a lot who live here in our city.” ..Source.. Emily Wilkins

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October 21, 2010

U.S. court affirms Meza entitled to sex offender hearing

10-21-2010 Texas:

Convicted child killer still held under miminum security in Travis County as state ponders appeal

The 5th U.S. Circuit Court of Appeals has refused to reconsider a decision that Texas improperly placed sex offender conditions on convicted Austin child killer Raul Meza, affirming an earlier ruling that criticized the way Texas' parole officials handled the case.

In a two-page order issued Tuesday, the court refused to reconsider a May decision by a three-judge panel that said parolees must be given a hearing before they can be labeled as sex offenders and forced to comply with stringent rules limiting their freedom, even if they have never been convicted of a sex crime.

Such hearings would allow parolees to challenge that designation, a process not allowed previously in Texas and one that state parole officials have argued would be expensive and cumbersome to manage.

The decision, if it stands, could force parole officials to hold hearings for several thousand parolees who have been classified as sex offenders, after years of official resistance to such a process and despite numerous court rulings ordering them to do so.

Tom Kelley, a spokesman for Attorney General Greg Abbott, said a decision has not yet been made on whether to appeal the ruling.

The three-judge panel of the New Orleans-based court in its May decision had ordered parole officials to provide Meza and the other affected parolees with a written decision listing the evidence they relied upon and the reasons for attaching conditions to their parole under mandatory supervision.

The May ruling upheld an order in 2009 by U.S. District Judge Lee Yeakel of Austin, except the appeals court said convicts like Meza were not entitled to a lawyer when they challenge their classification as a sex offender.

Texas officials had appealed the May decision, asking that all 16 judges on the appeals court reconsider the ruling by the three-judge panel.

In its Tuesday order, the court declined to do so.

"The Circuit's decision clarifies the due-process rights of some 1,000 people whom Texas treats as sex offenders, even though they were never convicted of a sex offense," said Jim Harrington, director of the Texas Civil Rights Project and one of Meza's attorneys.

Harrington said the ruling didn't surprise him as much as "how hard the state has resisted" giving the affected inmates hearings.

Rissie Owens , chairwoman of the Texas Board of Pardons and Paroles , could not be reached for comment.

Meza was convicted of killing 8-year-old Kendra Page at a Southeast Austin elementary school playground in 1982.

He was sentenced to 30 years in prison and later received another four years for obtaining a smuggled weapon in prison.

Meza was released from prison in 1993 when his time served and good-behavior time equaled the length of his sentence. He was first put on parole, then returned to prison in 1994 for a curfew violation.

In 2002, when he was scheduled for release from prison, he was instead transferred to a minimum-security part of the Travis County jail system . He has remained there since.

In court filings, Meza's lawyers have argued that parole restrictions imposed on him — Meza must be escorted by a parole officer and cannot approach or cross "child-safety zones" such as schools and day cares — have made it impossible for him to find a job.

Without a job, Meza cannot find a place to live, requiring him to remain incarcerated past the end of his sentence, the lawyers have said.

Early this year , Meza was charged with violating terms of his parole by making a terroristic threat and attempting to obtain a pistol. In March, the parole board voted to continue his supervision unchanged, according to parole officials. ..Source.. Mike Ward AMERICAN-STATESMAN STAFF

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High Court: State Can Continue To Maintain Restricted Sex Offender List

10-21-2010 Connecticut:

HARTFORD – — The state can continue to maintain, at least for now, a separate sex-offender registry that is available to law enforcement, but not the public, according to a state Supreme Court ruling released this morning.

A much larger online registry maintained by the Department of Public Safety, and established under Megan's Law, is available to the public.

A state law allows convicted sex offenders to be placed on the restricted list if a judge finds they are not dangerous and disclosing their name would identify the victim. The list contains at least 41 offenders.

The Freedom of Information Commission in 2007 ordered the Department of Public Safety to release certain information contained on the restricted list with the exception of the offender's name. The department appealed to Superior Court and the trial judge upheld the FOI panel's ruling. The department, which includes state police, then appealed to the Supreme Court, which today reversed the lower court's finding. ..Source.. by JOSH KOVNER

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Political grandstanding drives GPS tracking grant

10-21-2010 Texas:


From Grits for Breakfast

Using federal grant money, Texas is putting GPS monitors on several hundred additional parolees who the Governor says are dangerous sexual predators. But some of them have never been convicted of a sex offense, aren't on the sex offender registry and have been out of prison for many years. Reports the Austin Statesman's Mike Ward:

Though Perry and state corrections officials say the mandate will make the public safer, questions linger about why parolees who were considered good enough safety risks to remove from monitors are now dangerous enough to need them — $1.7 million worth, paid for by a federal criminal-justice grant to improve public safety.

"If they've been determined to be a high-risk offender, then they are being reviewed for a GPS bracelet," said Bryan Collier, deputy director of the Texas Department of Criminal Justice and a former state parole director. "Why are some who did not have monitors now being placed on GPS? This grant has enabled us to monitor some who we didn't have the resources to do before."

In his Sept. 27 announcement in Houston, Perry touted the new monitoring initiative as a way to "provide greater protections to our citizens by taking our efforts in dealing with sex offenders up yet another notch."
Maybe so, said Huntsville attorney Bill Habern, who represents Jennings. "But why, now, all of a sudden, have some of these parolees who have been off monitoring for several years been determined to be a high risk?" Habern asked.

"It begs the question about how the risk is being determined."

By last week, at least 153 parolees had been ordered onto GPS monitors.

Parole officials said more than 500 others, most of them with crimes against children in their backgrounds, were being reviewed for inclusion as well.
An all-but homebound parolee in Dallas suffering from congestive heart disease and diabetes told Ward, "I go out once or twice a week, is all. I'm not able to do more ... To have a monitor on me is a waste of money. This seems like political grandstanding."

He's right: It is grandstanding. Nothing but an election year gimmick that actually makes the public less safe by diverting limited supervision resources toward non-evidence based approaches. Larding on extra conditions for successful parolees who've been out for years makes little sense when the greatest risk of recidivism - and thus the greatest need for close monitoring - is in the first year or two after release.

Last year, Parole Board Chair Rissie Owens was found personally liable by a federal court for applying sex offender registration conditions on offenders not convicted of a sex crime. Some of those targeted by the Governor's initiative appear to fall into the same category, making me wonder what federal courts will think of this program if it's ever challenged. ..Source..

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October 20, 2010

Law enforcement wraps up yearly sex offender sweep

Although there are some interesting statistics below, I wonder why "Domestic Violence" money was used to perform sex offender address verifications? And, notice the number of officers involved, which equates to SALARIES!
10-20-2010 Illinois:

The eighth annual family violence and apprehension detail closed in Lincoln County with just 20 registered sex offenders out of compliance after the Oct. 12 sweep. The event was part of the National Family Violence Apprehension Detail, involving hundreds of law enforcement officers across the nation.

Officers made nearly 200 contacts with registered sex offenders throughout Lincoln County to assure that individuals were in compliance with rules placed on registered sex offenders; only 20 individuals were out of compliance, according to a press release by the Lincoln County Sheriff's Office.

A 15-officer team made 182 contacts with registered sex offenders to verify compliance. There were 88 attempts to arrest individuals wanted on warrants for domestic violence-related crimes, according to Lincoln County Sheriff's Detective Quentin Bendel.

The Domestic Violence Enhanced Response Team includes the Lincoln County District Attorney's office, LCSO, Lincoln City, Newport and Toledo Police Departments, the Oregon State Police and county Community Corrections officers.

"The coordination and cooperation between the law enforcement agencies in Lincoln County was the principal reason for the success of this campaign. The officers involved in the sweep worked as a team and made contacts in and out of their respective jurisdictions," said Sheriff Dennis Dotson. "This effort is but one more example of our officers, troopers and deputies' commitment to making Lincoln County a safer place to live."

Bendel said that the number of overall contacts was "probably up 10 to 15 percent" over the 2009 figures, but the number of arrests were down. In some cases, this was because the individual in question was not where law enforcement thought they would be.

There were no problems or incidents during the Oct. 12 sweep. "This [sweep] actually went pretty well," Bendel said.

In 2009, the Lincoln County District Attorney's office handled 381 cases involving domestic violence. In the first nine -and-a-half months of 2010, the office has seen 283 cases. In 2009, there were 75 sexual crimes involving adults, including failure to register as a sex offender and 73 child sex crimes this year, there have been 63 adult sexual crimes and 107 involving children. ..Source.. April Bamburg

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Court hears sex offender housing case

10-20-2010 Pennsylvania:

Plaintiffs say ordinance left them with nowhere to live

Local residency restrictions that force sex offenders to live in outlying communities -- away from jobs, transportation, family and treatment -- are contrary to the goals of rehabilitation and reintegration.

More than that, opponents argued before the state Supreme Court Tuesday, such patchwork community regulations run counter to the uniform system administered by the state Board of Probation and Parole.

Pennsylvania's Megan's Law, said attorney Donald Driscoll, is -- and should be -- the controlling legislation for sex offenders.

Mr. Driscoll represents six convicted offenders who filed a federal lawsuit against Allegheny County in 2008.

In 2007, Allegheny County Council passed a bill that bans convicted sex offenders registered under Megan's Law from living within 2,500 feet of a child care facility, recreational facility, community center, public park or school.

The plaintiffs sued a year later, alleging that the ordinance was so restrictive that it eliminated nearly all of the city of Pittsburgh and much of Allegheny County.

In March 2009, U.S. District Judge Gary L. Lancaster struck down the county ordinance, saying that it conflicted with state law. The county appealed the issue to the 3rd U.S. Circuit Court of Appeals, which asked the state Supreme Court to hear the case.

During the county's 20 minutes of argument Tuesday, the justices repeatedly questioned Assistant County Solicitor Craig Maravich on the issue of uniformity across Pennsylvania in dealing with sex offenders.

"How can the county of Allegheny limit the parole board in its state required duties to give these people housing?" Chief Justice Ronald D. Castille asked Mr. Maravich.

"We are not pre-empting the board from doing its job," the county's attorney answered.

Parole officers still consider an offender's crime and develop a sufficient home plan, he said. Mr. Maravich noted, too, that the state parole board chose not to file a friend-of-the-court brief on behalf of either side of the debate.

But for Justice Max Baer, the idea of dozens of these types of regulations across Pennsylvania raises the specter of trouble.

"The state has said we want a uniform, statewide system of regulation, and this would encroach on that," Justice Baer said, noting that there are 130 municipalities in Allegheny County and 67 counties in Pennsylvania. "My concern, are we going to have this patchwork of indecipherable, variable standards?"

That is exactly what Mr. Driscoll believes will happen if the Supreme Court allows the ordinance to stand.

"If an individual is forced out of Allegheny County, it's not going to be long before Beaver County does the same thing," he said.

But Mr. Maravich told the court that even under the local ordinance, approximately 48 percent of the square footage of Allegheny County would remain available to sex offenders to live.

Some of the justices were suspicious.

"It covers almost all of the city of Pittsburgh," the chief justice said.

"That probably includes the Mon River, a bridge," added Justice J. Michael Eakin. "There's probably not much left."

According to Mr. Driscoll, the original lawsuit was filed, in part, after some sex offenders due for release by the state were kept in custody because where they planned to live was made off-limits by the ordinance.

That particular concern has faded, though, because after the litigation was filed, the county agreed not to enforce the new regulation. ..Source.. Paula Reed Ward, Pittsburgh Post-Gazette

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October 19, 2010

Paedophile-hunting show under fire

10-19-2010 Germany:

BERLIN - A GERMAN television show that attempts to unmask paedophiles using a young actress as bait came under attack on Tuesday after a suspect vanished.

The programme called Scene of the Crime: Internet - Protecting Our Children and hosted by a high-profile political wife is based on a similar US show, To Catch A Predator, that went off air after the suicide of a suspected molester in Texas in 2007.

On the show, a young woman pretending to be a minor seeks out potential child abusers in Internet chat rooms. When a meeting is arranged, a girl playing a 13-year-old goes along, with the hidden cameras rolling.

The suspects, whose images are blurred and voices distorted when they are broadcast, are subsequently confronted by a journalist playing the mother of the young 'victim'. Then the case is handed over to the police.

An alleged abuser, a 61-year-old man who works with children, was identified by his employers after an episode shown eight days ago and has since disappeared without a trace.

One of the presenters of the programme on the RTL2 channel is the aristocratic Stephanie zu Guttenberg, wife of Defence Minister Karl-Theodor zu Guttenberg, who is one of the rising stars in Chancellor Angela Merkel's cabinet. ..Source.. by The Straights-Times

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NATV airs special on sex offenders

There is nothing that this officer can say on TV which could not be said in a brochure which can be handed out. In fact, what can be said that is NEW, which hasn't been said for years. Why waste taxpayer money? Unless the officer is really trying to promote "hey we are doiung something" whether or not it has any effect on reducing crime. Reducing crime is the goal of law enforcement now isn't it.
10-19-2010 Massachusetts:

An updated version of a 2008 program on sex offenders in the community, which featured North Attleboro police officer Pam Brown, seen above, airs on North TV Wednesday.

ORTH ATTLEBORO - North Attleborough Community Television - North TV will air a special program by the North Attleboro Police Department intended to educate citizens of about sex offenders.

North Attleboro Police Officer Pam Brown hosts the program, which is intended to provide parents with valuable information on how to educate children to be cautious, alert, and prepared, but not afraid.

Brown states in the program, "Children feel less afraid when they have the skills, information, and confidence they need to act on their own behalf."

The half-hour program concludes with photographs and information of the four level 3 sex offenders currently living in North Attleboro. ..Source.. by The Sun-Chronicle

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Iowa law clusters sex offenders in Davenport trailer park

10-19-2010 Iowa:

DAVENPORT, Iowa -- The same home address has been given to the Scott County Sheriff’s Department this year by 18 registered sex offenders.

West Kimberly Park, 4847 W. Kimberly Road, Davenport, is one of the few rental places in the county that is at least 2,000 feet from any school or day care, which means it complies with state law as an eligible place for certain sex offenders to live.

The trailer park owner could prohibit sex offenders from renting there, but he does not.

Ken Miller, the park owner, declined to be interviewed for this story, saying, “I don’t want to get involved in anything like that.”

At one point this summer, 12 sex offenders were living at West Kimberly Park at the same time.

“It’s like a modern-day leper colony,” said sheriff’s detective Peter Bawden, who keeps track of the 300-plus registered offenders in Scott County.

West Kimberly Park, formerly Brown’s Trailer Park, has about 40 mobile-home lots, and several of the residences are occupied by children.

“Some sex offenders do have children of their own,” Bawden pointed out. “There’s nothing in the law that prohibits them from being around their children. We have several sex offenders who are parents.”

And what about the children living at the park whose parents are not sex offenders and may not be aware that so many of their neighbors are?

“There is no way for me to know when someone who is not a sex offender comes and goes from there,” Bawden said. “There’s probably a waiting list for sex offenders out there.”

A female park tenant said she was made aware through word of mouth the number of sex offenders living there. A woman who lives in a nearby neighborhood said she learned of the makeup of the park by searching Iowa’s Sex Offender Registry.

Both women declined to be quoted by name, saying they are fearful of speaking critically of neighbors with a criminal history.

But the woman who lives on the outskirts of the park said her young daughter never is allowed outside the house alone because she and her husband are fearful of what could happen to her.

Experts who study public-safety measures geared toward sex offenders say residency restrictions like Iowa’s 2,000-foot rule are among the laws that don’t work. Critics do not quarrel with efforts to keep track of offenders but say zoning laws are not only ineffective but may actually increase public risk.

In situations like the one at West Kimberly Park, some say, having as many as a dozen sex offenders living in one small area can be dangerous to neighbors and to offenders who are trying to stay clean.

Learning as they go

Jill Levenson, an associate professor of psychology and human services at Lynn University in Boca Raton, Fla., is regarded an expert in sexual violence and concluded in a nine-page paper on residency restrictions that Iowa is among the states that should consider changes.

Told of the sex-offender cluster at West Kimberly Park, Levenson replied, “We shouldn’t be surprised this becomes a consequence. Residency requirements really don’t reflect anything we know about sex offenses and sex offenders.”

In her report, which often refers to Iowa law, Levenson said 2,000-foot rules and other restrictions may have made sense at first. In practice, however, the good intentions of protective measures may actually be backfiring.

“Decreasing access to potential victims seems, intuitively, to be a reasonable strategy for preventing sex crimes,” she wrote. “However, there is no evidence that housing restrictions achieve this goal.”

The law was flawed from the beginning, she said, citing three “myths” about sex crimes.

-- The first is that all sex offenders will re-offend: “In fact, several large studies by both the U.S. and Canadian governments have found that sex offense recidivism rates are much lower than commonly believed.”

True offense rates are difficult to count, however, because so many sex crimes are not reported. But Levenson said all crimes are underreported, adding, “The only crime reported 100 percent of the time is bank robbery.”

-- The second myth is that sex offenders cannot benefit from treatment. In fact, researchers have found a relationship between offenders who successfully complete treatment programs and a decline in subsequent offenses.

-- A third myth thrives today and resulted from the “panic and urgency” created by a few high-profile child abduction/murder cases, Levenson said.

“In reality, such cases are extremely rare,” she wrote. “A study reviewing sex crimes as reported to police revealed that 93 percent of child sexual abuse victims knew their abuser.”

Removing sex offenders from areas where children congregate is not proving to spare victims, Levenson said.

“Offenders do not molest children because they live by a school,” she said.

The unintended results of residency restrictions, such as the “cluster” at West Kimberly Park, may be putting kids in peril, she said.

“The disproportionate number of sex offenders in one place produces an inequitable level of risk in that area,” she said. “Being around a bunch of unsupervised children in a trailer park can be more dangerous for an offender than living with family in a supportive environment.”

Start over or salvage some?

While pressure increases to reconsider some sex offender laws, portions of the statutes are working as they should, according to some who work in law enforcement.

When a child is reported missing, for instance, one of the first weapons police pull from their arsenal is the sex offender registry. Viewed in map form, the data instantly gives police (and anyone else) a geographic relationship between a victim and those who might have use for a victim.

As Levenson pointed out, those cases are rare. Much more common is the need for parents to keep tabs on neighbors, especially since most sex crimes are committed by offenders who know their victims.

As the deputy in charge of Scott County residents on Iowa’s Sex Offender Registry, Bawden has an appreciation for its potential as a public-safety measure.

“I’m a firm believer that keeping kids safe is a parent’s main role, main objective,” he said. “The registry is a tool that allows parents to check on a person. It does help keep children safe, allowing parents, teachers and day care operators to be aware of people with this kind of history.”

Scott County Attorney Mike Walton agreed, saying the sex offender registry “is a good thing, and I don’t think anyone disputes that.”

What Walton and other members of the Iowa County Attorney Association have pushed for is a repeal of the 2,000-foot rule, based on the same discoveries cited by Levenson.

“The problem is it (residency restrictions) doesn’t address the reality of child sex abuse, which is that an overwhelming majority of the offenders are relatives or friends of the family,” he said Thursday. “It drains resources away from investigation and prevention and into tracking, measuring and putting pins in a map.

“The other problem is that it creates clusters like this situation (at West Kimberly Park).”

The trailer park is not the only place in Scott County where offenders can live, but many of the rentable properties outside the 2,000-foot rule do not accept offenders.

“At 4847, they are OK renting to persons with that record,” Bawden said. “It’s entirely up to the property owner — as long as the address complies.”

Change considered

Scott County Sheriff Dennis Conard remembers when the sex offender registry and residency requirements were enacted by the Iowa Legislature.

In the beginning, there were high hopes that the measures would advance the cause of public safety. But the laws are imperfect, he said.

“The way these laws came about is law enforcement went to the legislature, along with county prosecutors, and asked for change,” the sheriff said. “I believe it’s time again for law enforcement to go back to the legislature.”

The resistance by some lawmakers to make changes, he said, comes largely from current economic conditions. Iowa cannot afford to spend more money treating, classifying, housing and tracking one group of criminals, he said.

“Until more resources become available, sex offenders are going to have to have restrictions and burdens placed on them,” Conard said. “Public safety has to come first.”

Walton said the Iowa County Attorney Association “pushed” in 2006 for the repeal of the 2,000-foot rule, but the matter is “too political” to gain ground.

He agreed with many of those who work most closely with sex offenders and say restrictions are not working and public safety would benefit from change.

Asked whether residents of Scott County would be safer if the 12 sex offenders living at West Kimberly Park were spread out in neighborhoods closer to the city center, Scott County probation and parole officer Diana Danielson said, “It would be better if that happened, yes.

“They would be closer to where they need to be — work, probation and parole, treatment programs, transportation. How much harder can we make it? We’re increasing their risk of recidivism, and that’s what we don’t want.”

By isolating offenders in rural locations with little or no access to jobs and social services, Danielson said, the “stressors” that lead to recidivism are on the rise.

“We’re also forcing some of them to be homeless,” she said. “Do we want them out wandering around?”

As sex-offender laws have changed in Iowa, the desire to monitor the actions of the most dangerous offenders has remained the bottom line.

“It used to be that anyone convicted of a sex crime against a minor had to comply with the residency restrictions,” said Ross Loder, legislative liaison for the Iowa Department of Public Health. “We went from 4,300 to 1,200 (offenders who have to comply with the restrictions) when the law changed in 2009 to include only those who commit the most serious crimes against children.

“Instead of just restricting where a person sleeps, a bigger concern was where they go when they’re awake. There was strong legislative will to restrict residency among those committing the most serious sex crimes — a more tailored approach.”

As sex offender laws get more use, and the people charged with enforcing them evaluate their effectiveness, more changes seem likely.

“I don’t know that there is any perfect solution,” Loder said. “There is ongoing, very important policy discussion. We’re all speaking the same language now.” ..Source.. BARB ICKES, Quad-City Times Sioux City Journal

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Sex Offender Sweep Kicks Off

Amazing, sever years they have done this, and all that has been accomplished is to incarcerate those who failed to update the address of where they sleep for a few hours of the day/night. Not only do taxpayers foot the bill for the time spent by the officers to do the address checks, taxpayers will also pay for the costs of jailing those who failed to update addresses. The registry is nothing but a failed theory, and in the process has ruined many lives.

The saddest fact is, that police (see below) truly believe that by knowing an address, they then know where the registrant is. Yes, when s/he is sleeping, but for the rest of the day, they have no idea where the registrant is. Unbelievable! I guess they are trying to protect their jobs by bamboozling the public.
10-19-2010 Michigan:

Law enforcement across the state are going door to door in a statewide crack down on sex offenders. The effort kicked off Monday and it means that sex offenders who failed to register their current address can expect a knock on their door from authorities.

The Michigan State Police says 46,533 registered sex offenders are listed in the Great Lakes state. And each offender is required to tell authorities where they live every three months.

They've had two weeks to make contact. Police say those who haven't, can expect a knock on the door.

"We're gonna check there last registered address to see if they're still residing there. And if they are not residing there then we'll submit a warrant request to the prosecutors office requesting charges," said Trooper Timothy Burchell.

Burchell says offenders who fail to verify their address face 93 days in jail and up to a four year felony charge. Burchell says 92% of sex offenders in the state are accounted for. 93% are accounted for in Clinton, Eaton and Ingham counties.

As for the other 7%, Burchell says they may or may not live at their last verified address. Either way, he says society has the right to know and the offenders are obligated to comply.

"For every offender that's on the list, there's a victim and the victim's family that's out there that would like peace of mind knowing where that offender is. Some of these guys are predatorial offenders and if we don't monitor them, there is a chance of recidivism. And we want to make sure that we can keep track of them as prescribed by the law," says Burchell.

This is the seventh year for "Operation Verify." ..Source.. WLNS.com


State police commence statewide sex offender sweep

SAGINAW — Beginning Monday and concluding Oct. 29, state police will perform a sweep of convicted sex offenders throughout the state who failed to verify their addresses as required by law.

Known as “Operation Verify,” this is the seventh compliance check of its kind that the state law enforcement agency has conducted.

“This sweep will take place directly following the Oct. 1st through 15th quarterly verification period, which will allow for a more accurate list of true non-compliant offenders,” said State Police Director Col. Eddie L. Washington Jr. “This also means that felony-listed offenders who want to spare themselves a visit from a police officer should be sure to verify their address with law enforcement during the first 15 days of October.”

Of 1,512 offenders checked during a similar sweep that concluded in February, there were 179 arrests and 248 requests for arrest warrants.

Anyone convicted of a misdemeanor sex offense must verify their address with an area law enforcement agency once per year in January, while felony offenders must verify in January, April, July and October.

A change of address must be reported within 10 days of the change.

As of August there were 46,400 offenders on the state Sex Offender Registry, 42,945 of whom were in compliance with verification requirements. ..Source.. by Gus Burns | The Saginaw News

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Study: Sex offender law changes may not have boosted community safety

10-19-2010 South Carolina:

Does South Carolina’s sexual offender registry help cut down the number of new sex crimes? Does it decrease the odds that people listed on it will reoffend?

A group of researchers at the Medical University of South Carolina spent the past five years examining those questions and outlined its findings in a report released recently.

They found that the state’s sexual offender registration and notification laws, enacted in 1995, inadvertently led to changes in the way sex crimes are prosecuted — changes that could actually “reduce community safety,” according to the report.

After 1995, researchers saw a spike in the number of plea bargains for sex crime defendants who plead to non-sex charges. Defendants who are guilty of sex crimes, but who ultimately pleaded to lesser charges, are not subjected to registration and could face lighter sentencing. Researchers can’t say for sure why the laws led to changes in prosecution.

Among their findings:

• Before 1995, defendants stood a 9 percent chance of getting their charges reduced from a sex crime to a lesser offense, such as aggravated assault or criminal domestic violence, the report said. After the law went into effect, that figure rose to about 15 percent. When the registry went online in 1999, it jumped to 19 percent.

• After 1999, when the registry went online, defendants tried for sex crimes were acquitted at higher rates compared with the previous nine years, the study’s authors said.

• Among both adults and juveniles, the laws had no apparent effect on recidivism rates, which were similar for listed and non-listed offenders.

• Plea bargains for juvenile offenders more than doubled after the registry laws hit the books.

• Prosecutors dismissed juvenile sex crime case at higher rates after the law took effect.

• In comparing data from the five years leading up to the law with the 10 years that followed it, researchers made one finding in support of registering sex offenders: doing so was a deterrent that averted about three new first-time sex crimes a month among adults.
Elizabeth Letourneau, a psychiatry and behavioral sciences professor at MUSC who led the study, said policymakers should find ways to improve the registration and notification laws rather than focus on the one bright spot.

“Our goal is to prevent sex crimes,” said Letourneau, also a victim’s advocate. “However well-intentioned it may be, this law doesn’t do that very effectively.”

South Carolina’s sexual offender laws are among the toughest in the country, requiring lifetime registration for both adults and juveniles convicted of sex crimes, Letourneau said.

The registry must be continually updated and monitored. Officers are dispatched to registrants’ homes to verify their address. Maintaining the registry, which lists more than 10,000 people, costs the state millions of dollars, Letourneau said.

The MUSC researchers propose changing state laws to limit the amount of time an offender would remain on it. For example, some states release convicts from the list after 15 years, Letourneau said.

Time limits could free up money to focus on high-risk offenders, she said.

Letourneau said she is particularly troubled that some of those offenders, who may end up with non-sex crime charges, will not get the punishment, specialized treatment and supervision they need.

“If they’re being charged with non-sex offenses or being acquitted outright, the community and the victims are not served,” she said.

Researchers submitted the report to the U.S. Department of Justice last month.

MUSC’s legislative liaison, Mark Sweatman, said he plans to discuss it with the S.C. attorney general, state legislators and officials from the State Law Enforcement Division in the coming month. ..Source.. RENEE DUDLEY

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October 16, 2010

Clinton County launches Offender Watch program

Sometimes one must step back to see the problems a system causes, below the Offender Watch system: Updated at a different frequency than the state registry. Other agencies -state and federal- rely on information from the state registry, Offender Watch system causes discrepancies between local and state, obviously a problem. Also, making the families of anyone incarcerated in the local jail -for any type of crime- is paying for this Offender Watch system.
10-16-2010 New York:

PLATTSBURGH — Clinton County residents can now get immediate, up-to-date information about sex offenders living in their communities.

The Clinton County Sheriff's Department, in conjunction with other area law-enforcement personnel, has launched an online Offender Watch program.

Officials say is faster and more specific than other programs already available, such as the state Sex-Offender Registry.

QUICK UPDATES
"It provides more accurate information and more expeditious data entry into the program," Sheriff David Favro said Wednesday during a news conference announcing the program. "We believe this program is going to create a safer community."


Favro said officials will use the same sex-offender data provided to the state program but that the county site will have updated information about any changes within a matter of hours, rather than the several-day wait in the state program.

With GPS monitoring, officials said, the county program can also confirm address accuracy of offenders and detect false information more quickly.

Also, the state system lists offenders by region, where the new county site can give residents specific information about offenders within a quarter mile of any address.

LEVEL 3 OFFENDERS
Clinton County Assistant District Attorney Doug Collyer says the site provides pertinent information for homeowners and parents about the estimated 150 actively registered offenders living in the county.

The site provides basic information about each level of offender and more specific data about the 35 Level 3, or high-risk, sex offenders in the county.

E-MAIL UPDATES
Favro said the program has been in the works for nearly a year and is now up and running on the Sheriff's Department website: www.clintoncountygov.com.

Once at the site, residents simply click on the Offender Watch "hot button" in the top corner of the page to access the information.

Residents can also register to get automatic e-mail updates about any changes in specific areas.

Favro said users can register several addresses for current information, such as a home address, school or babysitter's house.

It allows residents to track known offenders by name and provides parents with general safety tips and information.

PAID BY PHONE REVENUE
Officials say the site is one way to help increase community safety and awareness about sex-offenders in the area.

It costs about $6,000 a year to operate the new site, which is entirely funded by revenue collected by inmate phone use, Favro said.

Kevin Killeen, director of the Plattsburgh YMCA, where the news conference was held, applauded the program and said he believes it will help improve child safety.

Contacted by the Press-Republican, Terry Guynup, candidate for county sheriff, echoed those sentiments and said it's a good program "to help the kids and keep them out of danger." ..Source.. ANDREA VanVALKENBURG,
Press-Republican Plattsburgh Press Republican

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New Twist in Stephen Brodie Case; Deaf Man Was Wrongly Imprisoned for 10 Years

10-16-2010 Texas:

DALLAS (CBS/AP) Police on Wednesday arrested a convicted child molester whose fingerprint was found at the scene of a 1990 sexual assault on a 5-year-old girl - a crime for which a deaf man, Stephen Brodie, was wrongly convicted.

Brodie was exonerated last month after spending 10 years behind bars.

Police and investigators from the Dallas County District Attorney's office took Robert Warterfield into custody as a suspect in a different, 1989, sexual assault on a child.

The DA's office said in a statement that its forensics lab confirmed a DNA match between Warterfield and evidence left at the scene of the unsolved 1989 assault on a 9-year-old Dallas girl.

When Brodie, who is deaf, was arrested and convicted for the 1990 child sex assault, police knew that a fingerprint, found on a window at the crime scene, did not match Brodie or anyone living there. Brodie would later confess to the crime, although he later said he felt intimidated and coerced.

Although there was no physical evidence linking Brodie to the crime, he pleaded guilty after a judge refused to throw out the confession. What neither Brodie nor his defense attorney knew at the time was that the police had hair and fingerprint evidence from the crime scene that didn't match Brodie or anyone else in the house. Michelle Moore, Brodie's current attorney, said prosecutors failed to notify the defense that testing of a fingerprint found on the victim's bedroom window, and a hair found at the scene, did not match Brodie.

A year after Brodie's conviction in that case, police learned the fingerprint belonged to Warterfield, who later pleaded guilty to sexually assaulting a girl in 1994. Warterfield also was suspected by Dallas police in the dozen unsolved sexual assaults and attempted assaults of young girls in the area.

Police, however, discounted the Warterfield print as coincidence, saying Warterfield "somehow touched the frame when he was wandering around in the neighborhood four days prior to this offense," according to police records. He was never arrested in the 1990 case.

In a 1994 appeal, Stephen Brodie's attorney cited the fingerprint on the window. But a judge denied the appeal, ruling that Brodie's confession outweighed the fingerprint evidence.

After serving five years for the 1993 conviction, Brodie was sent back to prison twice for a total of five more years because he failed to register as a sex offender.

Meanwhile, Waterfield received 10 year probation for his 1994 sexual assault. He eventually was sentenced to 10 years in prison for violating his probation.

Until Waterfield's arrest Wednesday for the 1989 case, he was free and working for a yard service in Stephenville, according to the Texas sex offender registry. ..Source.. Caroline Black

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New York Senate: STANDING COMMITTEE ON CRIME VICTIMS, CRIME AND CORRECTION (2009-2010)

Critical Comments Made by the Senate

The Adam Walsh Act would take New York in a dangerously opposite direction, besides the fact that experts agree that it would cost more to implement than the state would stand to lose in federal grant money.
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All of the empirical research examining the effectiveness of residency restrictions shows that residency restrictions do not work to reduce the risk of harm to children.
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Each year, New York adds another restriction on those already convicted of sex offenses as a means to prevent sexual violence against children. However, the overwhelming majority (around 95%) of sex offenses, including rape and child molestation, are committed by those who have never before been convicted of an offense. This means that New York concentrates all of its legislative efforts on preventing only 5% of all sex crimes against children, and completely ignores the threat posed by first-time offenders.

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October 14, 2010

2 firms bidding for sex offender treatment counseling

10-14-2010 Arizona:

KINGMAN — Mohave County is looking at two firms to provide treatment services for adult sex offenders.

The county’s probation department is evaluating two firms, DeLynn Lamb of Cedar City, Utah, and ABC Therapy Counseling Center of Bullhead City to provide sex offender treatment services for adults on probation who have been convicted of sex offenses.

The services include individual, group and family counseling, motivation enhancement and relapse prevention.

Currently, ABC Therapy Counseling Center has had a contract with the probation department for more than five or six years, Assistant Chief Probation Officer Elaine Grissom said.

Treatment programs are from 18 to 24 months with twice monthly sessions for sex offenders. The firm would assess an offender’s needs, provide counseling and assessment of relapse risks. The service areas would include offices in Bullhead, Kingman, Lake Havasu City and the Arizona Strip area.

The Bullhead City office includes Fort Mohave, Mohave Valley, Golden Shores and Oatman, and which has an average sex offender caseload of about 50 offenders. The Lake Havasu City area has a caseload of about 15 offenders. The Kingman area, which also includes Wikieup and Meadview, has about 75 to 85 offenders. ..Source.. by JIM SECKLER/The Daily News

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