2-28-2011 Minnesota:
Minneapolis leaders want state lawmakers to stop the trend of concentrating Minnesota’s sex offenders in the city
Minneapolis is home to nearly half of all Level III sex offenders in Minnesota, even though the city’s population is only 7 percent of the state’s total.
Some of the city’s neighborhoods have a disproportionately high concentration of sex offenders. One zip code alone in North Minneapolis has 24 chronic sex offenders, more than in all of St. Paul.
Many others are homeless, and list addresses of Downtown Minneapolis shelters. The Minnesota Department of Corrections says they are known to spend their time on Downtown streets.
Studies show that Level III sex offenders have a low likelihood of repeating their crimes, but local officials say that concentrating them into small areas stresses communities and hurts property values. City leaders, including North Minneapolis Council Member Don Samuels (5th Ward), are asking that the Minnesota Legislature adopt a plan that disperses the sex offenders in a fair manner.
“If these guys are such a risk to society, they need to change the laws to incarcerate them longer. If they’re not that big of a risk to society, spread them out so it’s a level playing field and one community isn’t unduly burdened with them,” said Deb Wagner, a Jordan neighborhood resident whose 55411 zip code has the most sex offenders in the state.
Why does Minneapolis bear such an uneven burden? It’s a complex problem involving opportunistic landlords, a lack of local control, sex offender networking and the location of community resources.
Residents and leaders are worried that tight state budgets will lead to the release of more sex offenders that eventually end up in Minneapolis.
North side home to most offenders
Level III sex offenders are, by definition, the riskiest of sex offenders. Their public profiles posted on the Minnesota Department of Corrections website often show histories of using weapons so they can rape and sexually assault women and children.
There are 229 released Level III sex offenders living in Minnesota. Of those, 107 live in Hennepin County, with all but five living in Minneapolis.
North Minneapolis is home to about 50 of those offenders. About 25 live Downtown and 19 live in Southeast. Only four live in Southwest and one offender lives in Northeast.
Dennis Wagner, Deb’s husband, said North Minneapolis neighbors have become more and more aware of the problem in recent years. He and others have become active on the issue, testifying to the state Legislature and meeting with officials.
He and neighbor Troy Kester put together a spreadsheet of Minneapolis zip codes and their sex offenders in comparison to the rest of Hennepin County. They found that some Minneapolis zip codes house 400 to 3,200 percent of what they should, based on the county’s population of 1.1 million.
“It’s kind of that dirty little secret that appears to have been going on for a while and all of a sudden some of the locals started looking and saying, ‘God, we seem to be getting a lot of these Level 3 [notification] flyers around here,’” Dennis Wagner said.
Sex offenders, since 1991, have been required by state law to register their addresses with local law enforcement. Local law enforcement is then required to notify the community, which usually consists of a public meeting and flyers sent to neighbors.
The DOC also identified all Level III sex offenders on its website.
The road to Minneapolis
When a Level III sex offender is to be released from lockup, it’s up to him to come up with a plan for where he will live while he serves the remainder of his sentence in the community, said Tom Merkel, director of Hennepin County Community Corrections.
Merkel said Minneapolis has a few halfway houses, which are attractive to those on parole. Once they live in a halfway house, sex offenders often become connected to the community and will often choose to stay in Minneapolis once their parole has ended.
Because it’s the offender’s decision, Minneapolis is housing sex offenders that didn’t live or commit their crimes anywhere near the city.
In 2010, 20 of the city’s 89 sex offenders at that time were from outside Hennepin County. They came from counties as close as Anoka to as far as Crow Wing and St. Louis. One even came from Wisconsin.
Merkel said the county has appealed some parolees’ placement plans to the state, but said the appeals are usually denied.
It’s important to note that about 60 percent of Minneapolis registered sex offenders are off parole and the county or state has no say in where they can live, although offenders must still notify law enforcement of their residence.
Merkel said a network exists amongst locked up sex offenders, and that extends into finding a home after their release.
Samuels is also a resident of the Jordan neighborhood, and he’s been outspoken about the high level of sex offenders is his ward.
He said landlords in Minneapolis target sex offenders as tenants because they are required to have jobs.
“There are landlords who will only rent to sex offenders,” Samuels said. “It’s a source of guaranteed employed tenants who are under supervision and have a certain amount of predictability in their lives.”
Samuels said that when the county proposes putting a sex offender in a suburban community, residents will fill the high school gymnasium in protest. In North Minneapolis, he said, the community is fatigued from fighting drugs, violence and prostitution.
Perception, not crime, drives down property values
The Wagners have lived in their same home for 26 years and they’re raising their daughter, a freshman in high school, in the neighborhood.
“We’re raising our daughter here and if we felt it was unsafe, we wouldn’t be here,” Deb said.
But Deb Wagner is also a real estate agent and does most of her business in North Minneapolis. When potential buyers get their hands on a real estate contract, they are notified that they should check the area for sex offenders on the DOC Web site.
“It’s mentioned several times in real estate contracts” she said. “For people to disregard that, it takes somebody pretty unusual. Unless they’re not super paranoid about that, but who isn’t when you mention sex offenders? Especially if you’re planning to move into a community with your children.”
The recidivism rate for sex offenders is 12 percent, which is lower than for other criminals, according to Minnesota Department of Corrections 2007 study.
“It creates a perception that this is not a safe place to live,” Wagner said.
City wants laws enforced
The state is struggling with budget deficits — $6.2 billion this biennium — and incarcerating sex offenders at $300 per day is costly. To have those same offenders living under supervised release costs only $90 per day, per offender, according to the DOC.
The DOC says it may release an additional seven sex offenders within the year.
The city of Minneapolis has tried to combat the problem locally, but found that it is illegal for the city to make ordinances restricting where sex offenders can live.
For the last few years, the city has listed the issue as a priority on its legislative agenda. While new sex offender laws are adopted frequently at the state capitol, Minneapolis has not gotten its wish.
“Sex offenders seem to get a lot of attention at the Legislature, maybe not always focused on things we hope they would focus on,” said City Council Member Elizabeth Glidden (8th Ward), who chairs the committee that drafts the legislative agenda.
Local officials say the solution is twofold. The state needs to come up with a better plan for placement of sex offenders and clarify and enforce language in state statutes that prohibits high concentrations of sex offenders.
According to state law, “The agency responsible for the offender’s supervision shall take into consideration the proximity of the offender’s residence to that of other level III offenders and proximity to schools and, to the greatest extent feasible, shall mitigate the concentration of level III offenders and concentration of level III offenders near schools.”
Samuels would like that law enforced in Minneapolis.
The Wagners hope so, too.
“Other people don’t want to pay to have these guys locked up,” Dennis Wagner said. “Then put them in your backyard too. Share the pain, share the gain.” ..Source.. Nick Halter
February 28, 2011
Finding new homes for sex offenders
Immunity prevents arrest of Arizona lawmaker after freeway fight
2-28-2011 Arizona:
An Arizona state senator involved in an apparent freeway-shoulder scuffle with his girlfriend was not detained because he has immunity from arrest while the legislature is in session, police said.
Officers in Phoenix who were called to investigate a reported altercation found that both Sen. Scott Bundgaard and his girlfriend, Aubry Ballard, had marks suggesting a physical dispute, police spokesman Sgt. Tommy Thompson said.
Bundgaard, a Republican and the state senate's majority leader, was allowed to go -- although prosecutors will review the case and could later file charges, Thompson said. Ballard was arrested on suspcion of misdemeanor assault and taken to jail. ..Source.. by Leslie Tripp, CNN
Illinois sex offender law could remove some young offenders from registry
Personally I think any Legislature chosen age difference is a mistake, each case should go before a judge, and a decision be made on the facts presented. That would handle the extremes, if any, and cultural issues. Never forget this nation is a melting pot, and we have many from other countries as residents.2-28-2011 Illinois:
(KMOV) -- A proposed law could make big changes to the sex offender registry in Illinois. Some offenders who made it on the list before could keep their names secret. Supporters say the change will help police keep tabs on violent offenders, but police tell News 4, it could actually create more problems.
This so-called "Romeo and Juliet" legislation deals with relationships between teens at least 14 years old and their sexual partners -- no more than four years older. Those offenders could appeal the ruling to register on the Illinois Sex Offender Registry, which would leave fewer people for police to track. But some officers fear it might just lead to more problems.
There are nearly 25,000 registered sex offenders in Illinois. As many as 700 are cases of "Romeo and Juliet."
Clint Wilson was 19 when he met his 15-year-old girlfriend. He served jail time, was on probation and now must registered as a sex offender for 10 years for his illicit love affair. Only now, it's no longer an affair; Clint married the girl and the couple has two kids together. But he's still on the registry.
Now Tonia Maloney is a mom on a mission. Her own son has a similar story as Clint's.
"Nobody will give him a job, and nobody wants him to live there," Maloney said. She started an organization called "Illinois Voices" in hopes of prompting changes to the law.
Police say many times problems start when parents discover their child is having sex with an adult.
'It may not even be any type of corrersion, but the fact of the matter is a minor juvenile cannot consent," Sgt. Eric Zaber, Collinsville Police Department, said.
Even so, Maloney says the answer isn't locking up the older lover.
"By eliminating these types of relationships of consentual sex, the police can focus on the higher risk, possible repeat offenders," Maloney said.
Several Illinois police departments have only one officer assigned to track the city's sex offenders, or it becomes an added duty. Sgt. Zaber said it takes "time and organization" to track them.
Maloney argues the registry could be streamlined by taking off non-violent offenders. But law enforcement is worried about creating a slippery slope, that making concessions for one type of offender could lead to loopholes in the law.
"That's the bottom line," Sgt. Zaber said. "We want to protect our kids." ..Source.. Maggie Crane
Slow fee collection from sex offenders
2-28-2011 Massachusetts:
10,995 people registered as sex offenders in 2010
BOSTON (AP) - An audit of the state Sexual Offenders Registry Board shows the agency lags in collecting the annual registration fee from offenders and notifying the Registry of Motor Vehicles to revoke the driver's licenses of offenders who fail to register.
The review by the office of state Auditor Suzanne Bump cited inconsistent procedures for collecting the annual $75 fee offenders must pay when registering. And it found the agency fails to collect the fee from more than 40 percent of offenders and grants fee waivers for another 40 percent.
It also found the board had been taking an average of 160 days to notify the Registry of Motor Vehicles for license revocations of offenders who failed to register.
A total of 10,995 people in Massachusetts were required to register as sex offenders in 2010. ..Source.. WWLP.com
February 27, 2011
Low-level Sex Offenders Close to Deregistering
If it is true that, "once a offender means always an offender," then here is what needs to be done. All those parents, grandparents, etc., that have committed a illegal sexual act, in their younger days, needs to march themselves down to the local police station and ask to register as a sex offender because of the past act. Convicted or not, the act itself made you a sex offender, confess and register. NOW the police WILL BE OVERWHELMED for sure!2-27-2011 Texas:
Low-level sex offenders will soon see a change to their status. The Council on Sex Offender Treatment has decided to allow certain sex offenders to be deregistered and taken off the state's sex offender list.
But many parents around the community are concerned with what this decision may mean for their families.
"A sex offender is a sex offender and that will never change," said Don Byerlon, a grandparent in Midland.
Plenty of families around West Texas are worried about the possibility of low-level sex offenders becoming deregistered from the state of Texas sex offender list.
"Well, I really don't think it's smart having kids myself, especially girls," said Michelle Licon, a parent from Midland.
But the way the Council on Sex Offender Treatment sees it; by deregistering the low-level sex offenders they can concentrate on those that may pose more of a risk.
"The philosophy that we're operating on is that if we pay equal attention to all sex offenders, we're not paying enough attention to the more dangerous ones," said Liles Arnold, the Chairman for the Council on Sex Offender Treatment.
Some of the offenses that may allow a sex offender to become deregistered off the list are:
· Compelling prostitution
· Indecent exposure
· Unlawful restraint
· Indecency with a child by exposure
· Possession or promotion of child pornography
· Online solicitation of a minor
· Sexual performance of a child
· Indecency with a child between 13 and 17 years old
And some believe that there are sex offenders who don't really belong on that list.
"I have mixed emotions because kids are going to be kids and some of the teenagers are labeled sex offenders and they really aren't," said Evelyn Byerlon, a grandparent in Midland.
And everyone can agree that the most important issue here is "the safety of the kids. I want my kids to be able to come to the park and not have to worry about if somebody's watching them," Licon said.
After a meeting Saturday, the Council on Sex Offender Treatment did not actually implement any of these rules just yet. But after finalizing the protocols, they say these rules could be implemented in the next few months. ..Source.. by Meron Berkson, CBS 7 News
February 25, 2011
Mom failed to report daughter's sex with adult man
A Rutherford County mother was charged with 22 counts of statutory rape after police say she failed to report her underage daughter was having sex with a 23-year-old man.
Joyce L. Green, 37, of Murfreesboro was indicted by a grand jury this month after an investigation by Murfreesboro Police Detective Tommy Roberts revealed she failed to report the criminal activities.
"The investigation showed Ms. Green was the parent of one (of three) victims and was aware that her daughter was having sex with the adult male," Roberts reported. "The case was presented to the January 2011 grand jury and the male suspect was indicted."
That man, however, has since fled the state, according to Roberts, and is yet to be apprehended.
Green was also indicted for failure to report a crime.
She was booked into the Rutherford County Adult Detention Center following her arrest on Feb. 3 and her arraignment in circuit court is pending. ..Source.. by THE DAILY NEWS JOURNAL
State Mulls an Out for Young Sex Offenders
2-25-2011 Illinois:
SPRINGFIELD, Ill. (CN) - A bill in the Illinois House would let some young sex offenders be removed from the state's sex offender registry. The so-called "Romeo and Juliet" measure would allow sex offenders who were not more than 4 years older than their victim to petition to remove themselves from the registry if the victim was 14 or older, so long as force was not involved.
State Rep. Robert Pritchard, R-Sycamore, sponsored the bill, which has passed out of committee and will be debated on the House floor.
The legislation would not apply to "an act of sexual conduct by the use of force or threat of force" or "a victim who was unable to understand the nature of the act of who was unable to give knowing consent."
The state's attorney would receive notices of cases before the hearing and could present evidence why the offender's name should remain on the registry.
Those removed from the registry would no longer be required to adhere to the prohibitions that go with being on the registry, such as not being able to live or loiter near schools, school bus stops and parks. ..Source..JOE HARRIS
Former wrestler informed police of sex offender status, but not student status
Former Central Michigan University wrestler informed area police of his sex offender status before arriving on campus last fall.
The 19-year-old Zeeland freshman wrote a full disclosure statement, which was reviewed by admissions, housing and local police, before he arrived on campus, Cheatham said. But he neglected to tell police he was going to attend CMU.
He pleaded guilty to failing to comply with the Michigan Sex Offender Registry Act Wednesday.
“___failed to notify the police department or any other law enforcement agency that (he is) a CMU student,” said his attorney, Charles Moses. “That is a violation of this act.”
___ first registered as a sex offender at 14, when he was convicted in 2006 of second-degree criminal sexual conduct with a person under the age of 13, according to Michigan’s Public Sex Offender Registry.
Judge Mark H. Duthie reduced the felony to a high court misdemeanor as part of the plea process.
“(He lowered it) in part because he felt like that was proportional to what happened here,” said Isabella County Prosecutor Larry Burdick. “My guess is that he’s going to be put on probation. The question will be whether the judge is going to include, as a condition of probation, a period of incarceration up front.”
___ said he thinks his punishment might be a little harsh, but he also understands he violated the law.
The dual-sport high school athlete was accepted as a walk-on to the wrestling team and was planning to join the track team in the spring. He was dismissed from the wrestling team in January.
Future at CMU
___ appealed the Athletics Department’s decision the week of Feb. 7, but the decision was upheld, said Athletics Director Dave Heeke.
“How athletes represent themselves, the university and certainly the athletic program are key to our code of conduct,” Heeke said.
Any athlete can be dismissed for a code of conduct violation, Heeke said.
___ said he plans to finish out the semester at CMU, but is not sure if he will stay afterward. He said he does not want to transfer to a Division 2 school.
“I came to CMU to be a wrestler and a student,” ___ said. “My goal is to be a D1 athlete.”
___ said he was sorry for the negative press the incident has generated for the wrestling team and the university.
___, also pleaded guilty of one count of possession of a stolen object valued at less than $200.
He said the stolen object charge, based on a CMU parking permit in his possession, came as a surprise to him. ___ said he was covering for a friend who took the permit, thinking neither would encounter problems.
“The person who owned the parking permit didn’t want to press charges, that’s why I didn’t think I was going to get in trouble,” ___ said. “Then a month later it got brought up in court.”
___ will be sentenced April 4 in Isabella County Trial Court, 200 N. Main St ..Source.. Maryellen Tighe
Alaska's prison expenses rise: We need cures and fewer costly punishments
2-25-2011 Alaska:
Earlier this month, Gov. Parnell requested more than $8.5 million in supplemental funding for Alaska’s prison system. Those additional costs account for almost 20 percent of this year’s supplemental request from the general fund. This shouldn’t surprise us. Alaska’s average annual prison population has grown 10 percent during the past two years, and it is projected to grow another 4 percent next year. That’s more than 500 new prisoners in just three years.
Consider this: if Alaska’s prison population continues to grow at 4 percent annually and our costs per prisoner grow at a conservative 2 percent, the total expense of Alaska’s prison system will grow from $260 million to more than $1 billion annually by 2035. In that same time frame, we will be forced to build four more prisons, each the size of the new Goose Creek facility and costing taxpayers $250 million apiece.
Alaska is not alone. Faced with a prison overcrowding crisis and the prospect of spending $523 million to build and operate additional prisons, Texas — a famously tough-on-crime state — began a data-driven reexamination of its correctional system and a cost-benefit analysis that evaluated how prison expenses affect public safety.
What did the state learn? Texas’s prisons, much like Alaska’s, were overwhelmed by low-level drug and alcohol offenders and large numbers of mentally ill offenders who would be better served in community diversion, substance abuse and mental health programs.
Led by Republican state Rep. Jerry Madden, the 2007 Texas Legislature enacted sweeping prison reform to better protect the public and reduce costs. This reform focused on expanding substance abuse and community-based mental health treatment and diversion programs, as well as enacting parole reforms for non-violent, low-risk offenders.
Texas invested $241 million in residential programs for people on probation, supervision with substance abuse treatment needs, expansion of halfway houses, a new mental health pre-trial facility, a new in-prison treatment unit for DUI offenders and thousands of new beds for in-prison intensive substance abuse treatment.
The $241 million was a lot of money, but it was a fraction of what was being requested to build new prisons. These reforms eliminated Texas’s need to build more prisons, and for the first time in the state’s history, there is no waiting list for substance abuse treatment in Texas.
Former Republican Speaker of the House Newt Gingrich wrote in the Washington Post in January: “We urge conservative legislators to lead the way in addressing an issue often considered off-limits to reform: Prisons.”
He praised Texas for its “community treatment of the mentally ill and low-level drug addicts,” and he advocated for “punishing low-risk offenders through lower-cost community supervision.”
This is not about being soft on crime. Praising New York’s rehabilitation efforts, Gingrich wrote: “although New York spent less on prisons, it delivered better public safety.”
This is not news to the people who run Alaska’s prison system. Department of Corrections Commissioner Joe Schmidt and Deputy Commissioner Carmen Gutierrez have agreed with me regarding the cost-saving potential of evidence-based treatment and parole initiatives. Unfortunately, Schmidt and Gutierrez are hobbled by the shamefully low funding for these programs.
Alaska spends just 2.3 percent of its annual prison budget on offender rehabilitation programs — including substance abuse treatment, domestic violence programs and sex offender management. The administration’s proposed prison budget for next year includes no increases for these treatment programs.
Even a pilot probation program aimed at improving public safety while reducing long-term costs received only a paltry $200,000 increase.
I hope Gov. Parnell will consider adjusting his budget to reflect the importance of substance abuse treatment and mental health services in defeating Alaska’s epidemic of domestic violence and sexual assault.
Let’s face it, Alaska’s prisons are the largest mental health and substance abuse institutions in the state, and 95 percent of those in Alaska’s prison system will eventually be released. Why not get offenders the treatment they need while they serve their time?
Please join Rep. Madden, Newt Gingrich and me in challenging public officials to tackle Alaska’s rising prison costs by investing in evidence-based treatment programs and cost-effective parole initiatives.
State Sen. Johnny Ellis, a Democrat, represents downtown and midtown Anchorage and chairs the Senate Finance Subcommittee on Corrections. ..Source.. by Johnny Ellis, Community Perspective
Bill curbs parole of sex offenders, violent inmates
2-25-2011 New Hampshire:
CONCORD – New Hampshire failed to create an intense supervision program for hard-core, violent and sexual offenders before releasing them from prison, several people charged at a public hearing Thursday.
The Senate Judicial Committee held a public hearing on a bill, SB 52 (click to view status and text), which would change two key components of the controversial SB 500. One would let the parole board recommit inmates for longer than 90 days if they re-offend and the other would prohibit the early release of inmates convicted of violent crimes or sexually violent offenses.
The bill's prime sponsor, Senate President Peter Bragdon, R-Milford, said his bill was intended to address the shortcomings in the law approved last year.
SB 500 became a hot-button issue during last year's gubernatorial campaign, with Republican John Stephen accusing Democrat Gov. John Lynch of sacrificing the public safety. Republicans vowed to change the law, while Lynch said he was open to fine-tuning the legislation.
After a lengthy study, state leaders backed a plan to release violent and sexual offenders who served their maximum sentences nine months early, but under "intense supervision" with social services such as alcohol and substance abuse counseling, as well as help with finding a place to live and a job, and other social services to smooth the transition out of prison.
Supporters say the plan should reduce the number of inmates, provide greater public safety and reduce the high number of inmates who return to prison after they are released.
But opponents claim the state never set up the network needed to supervise the inmates and instead released them into the communities to offend again.
Many of the politicians and law enforcement leaders who backed the bill urged the committee Thursday not to change the law, but said giving the parole board more discretion to incarcerate parole violators was probably a good thing.
Attorney General Michael Delaney urged the committee not to reverse direction, saying SB 500 would advance public safety, put a dent in skyrocketing corrections costs and reinvest those savings into community-based services.
He said without SB 500, prisoners who serve their maximum sentences are released without any supervision, treatment or protection for the public.
"These are the most dangerous people," said Delaney. "And yet they are the only people in the system allowed to open the gates and walk out scott-free and that has to change."
Rockingham County Attorney Jim Reams said SB 500 was a step in the right direction, but took all discretion away from the parole board. When lawmakers limited the sentence for parole violations to 90 days, they created a right for inmates, he said.
He said the public expects the inmates to receive services and supervision when they are released.
"You can't expect the Department of Corrections to do more with less," he said. "New Hampshire did it on the cheap. We've let them out first and we'll supervise them later." The director of the Attorney General's Office's Victims' Assistance Program, Sandra Matheson, said victims were involved in developing the prison reform plan. They want to know where the inmates are and they do not when they finish their sentence and walk out the doors, she said.
"They can move next door to their victims," she said. "They're moving below the radar and not accountable to anyone."
Parole Board executive assistant, John Eckert, said the board agrees the supervised-release program improves public safety.
"Even if only for nine months, we're in charge of what they do. If you let them out without supervision, that's a scary thought," he said.
Sen. Jeb Bradley, R-Wolfeboro, backed the bill and suggested several changes.
Since the provisions went into effect in October, there have been headlines indicating it has impacted public safety he said.
"There have been enough examples between Oct. 1 and now to give one pause," he said. "The Corrections Department was not ready Oct. 1 by their own admission. You need to ask them if they are ready today." ..Source.. by GARRY RAYNO, New Hampshire Union Leader Staff
February 23, 2011
Sound compromise on sex offenders
The comment, "separate by sight and sound" that is plain stupid, physically makes sense, but S&S. Plain unbelievable.2-23-2011 Virginia:
Virginia's civil commitment program for sex offenders aims to protect society from the worst of the worst and rehabilitate those most likely to offend again.
It's also reserved for those who have already completed prison terms.
State law requires that residents at the state's treatment center in Burkeville receive an annual review in the locality of their conviction to determine whether they should remain committed.
Such protections are critical to the legal integrity of a civil commitment program. No matter how heinous their crimes, the offenders have served their prison time; they are held only until they no longer represent a threat to the public.
Because of the difference between criminal and civil custody, offenders in the program are required to "be segregated by sight and sound at all times from prisoners in the custody of a correctional facility" when traveling to and from their court reviews.
Unfortunately, as the size, scope and budget of the commitment program has ballooned in recent years, that segregation hasn't always happened.
The growing number of offenders - currently more than 200 - make separation a logistical impossibility, according to some law enforcement authorities.
Sheriffs and the state attorney general's office claim that despite the law, offenders up for an annual review could be locked up with the general population in local jails because the imprisonment is for a short period of time, and it saves the expense of providing separate space.
A measure introduced in the General Assembly would have amended current law to permit the practice. Last week, legislators rightfully balked at the prospect of a lawsuit challenging its constitutionality. A court ruling in favor of offenders' rights would have thrown Virginia's program into chaos.
So delegates amended HB 1698 to permit residents committed to the treatment center in Burkeville to instead undergo their annual review via videoconference.
The amendment represents a prudent compromise, protecting the rights of offenders who've already served prison time and saving sheriffs across the state from coordinating the segregated travel and detention of those up for review.
A version of the bill in the Senate includes the same changes. Both should pass.
Del. Clay Athey, the Front Royal Republican who introduced the House bill, said the change aimed to address the most significant concern.
"I think the bill is better now than when it started," he said.
He's right. ..Source.. The Virginian-Pilot
School Says Sex Offender Mother Can't Participate on Trips
School Says Sex Offender Mother Can't Participate on Trips
For almost nine years, Alashia Green has tried to put the conviction that makes her a sexual offender, behind her.
But Tuesday, a lewd or lascivious battery charge from Bay County, reared its ugly head again.
She says the school her four-year-old son attends, told her she couldn't bring him to, or pick him up from school.
"I'm not here to harm their kids," Green said. "I have a child of my own so I'm with them on the sexual offender thing. I'm not against that. But you should be able to listen to people's stories of how they became a sex offender."
When Green was 18-years-old she was convicted for having sex with her then 16-year-old boyfriend.
Green says she's paid her debt to society behind bars and she wants to do the things any other mother would be able to do for their children.
"I'm a mother now. People need to look at me differently than how they're looking at me and that's not right," said Green.
Tuesday the Murat Hills Head Start center gave Green a letter saying "Head Start will not allow anyone who is a registered offender to volunteer or participate in center activities."
Dorothy Iman-Johnson is the Executive Director of the Community Action Agency, which is over the Head Start Program, and said Green isn't banned from transporting her child to and from school.
Iman-Johnson says the problem arose when Green requested to go on a field trip with her son's class.
"We have to follow the same laws that any other child care facility has to follow that if someone is on the registered sex offender list for the state, we can't put other parents' children in jeopardy by allowing them to be here," said Iman-Johnson.
The school says Green can still drop off little Nathaniel and pick him up but Green, contends they told her a different story.
The Florida Department of Law Enforcement says at the state level, there aren't any stipulations keeping Green from being able to go on field trips or participate in activities.
FDLE says those restrictions were imposed by the center. ..Source.. by Deneige Broom
Plymouth committee says no reason for local sexual offender regulation
2-23-2011 Massachusetts:
They find no evidence of connection between recidivism and residency
PLYMOUTH — A special committee made up of Town Meeting Precinct Chairs has come out against local sex offender regulations with special residency or loitering restrictions.
The committee's report - delivered to the Board of Selectman Tuesday night - was prompted by a 2009 town meeting article that argued that without such a regulation Plymouth could become a refuge for sex offenders, and that playgrounds, school yards, and other facilities needed extra protection from predators.
The committee "took no initial position" their final report noted, but sought objective information from as many credible sources as possible.
They reviewed the available literature, consulted Plymouth Police Chief Michael Botieri,and interviewed a number of experts and concluded that the regulation, as written, would offer residences no additional protection and risk a variety of "constitutional complications."
They further concluded that Plymouth was not the kind of community that offenders would find attractive, that the idea that convicted offenders would be likely to reoffend was based on "myths" about sex offenders, and that - with only a handful of communities adopting local sex offender regulations (and none of which abutted Plymouth) the town was not at all likely to be the preferred destination of sex offenders fleeing those communities.
The eight-member committee unanimously voted against reccomending a sex offender bylaw with either a residency or a loitering restriction.
For more information on the proposed regulation, and the findings of the committee, look to an upcoming issue of the Old Colony Memorial. ..Source.. by Frank Mand
February 22, 2011
Sex-offender program heavily scrutinized in General Assembly under tight budget
2-22-2011 Virginia:
The House Appropriations subcommittee tabled a Senate version of a sex-offender bill that would have legalized the physical castration of chronic sex offenders before it was eliminated and the entire bill was finally tabled.
The General Assembly has been focusing on the sex-offender program in Virginia during this session due to the higher than expected numbers of committed sex-offenders who have raised the costs of the program.
In 2008, Virginia finished a $62 million facility at Burkeville to place sex offenders. The facility is apparently already crowded, however.
Spokesmen for the Virginia Department of Behavioral Health and Developmental Services told the House Appropriations Committee earlier this week that the anticipated 12 new sex-offenders to be added each year was raised to anywhere between 75 and 80. That is over a six-fold increase.
A concern that should be taken seriously in these relatively rough economic times is the insensitivity towards issues of mental health.
The fact that physical castration was even seriously suggested brings back memories of euthanasia that Virginia practiced in the early 20th Century. Is that what Virginian’s want?
Not many people will defend sex-offenders on moral grounds, but they still deserve respect as human beings, human beings with mental illnesses. ..Source.. by Daniel Carawan
Why not track sex offenders?
Tracking "Watermen" is not necessarily legal, a read of this story tells us, whoever boarded the boat to install the mysterious device (Here revealed) has violated Maritime Law as to when a boat may be boarded. The silence of the ACLU may very well signify they are working on a waterman case and a possible lawsuit. GPS devices are riddle with problems and costly, and vendors say, they will not prevent crimes.2-22-2011 Maryland:
A freshman delegate from the Lower Shore has introduced a bill that would require certain convicted sex offenders to wear a GPS tracking device at all times as a condition of probation or release from prison. Delegate Mike McDermott, R-38B-Worcester, pointed out that authorities only know where these offenders tell them they are living or working, but have no means to track them in their daily travels and routines.
Maryland's chapter of the American Civil Liberties Union has expressed opposition to lifetime electronic tracking of convicted sex offenders, saying it is an ineffective deterrent to repeat offenses, and also saying it could increase recidivism rates and "gobble up" law enforcement resources.
Oddly, the ACLU has not issued any official statement on a related issue -- the state Department of Natural Resources use of similar tracking devices on watermen's boats to catch poachers.
The ACLU statement about tracking sex offenders is focused on the fact that the devices do nothing to prevent crimes, but only become useful after a crime is committed. That is true, but why then is it apparently (based on the silence) acceptable to track watermen who are, admittedly, breaking the law, but not in a way that could possibly impact anyone in the way that a sexual assault would?
And while tracking sex offenders may not actually prevent any crime from being committed, it would without question make it a lot easier to figure out (and prove in court) who committed the crime and where any missing victims might be located.
Besides, nobody is talking about tracking registered sex offenders whose crime involved consensual relations between teenagers or young adults who straddled the age divide (one 18- to 21-year-old and one under-18 partner, for example). Tracking would be for serious or, as McDermott phrased it, "bad sex offenders" who are convicted of Tier III offenses --incest, first-degree rape, sexual abuse of a minor and sale of a minor, along with some additional second-degree offenses and other specific situations.
The cost is minimal --$10-$27 per offender per day. A portion or all of this cost could be borne by the offender, and even if that isn't possible, it's far less costly than lengthy incarceration.
If surreptitiously placing GPS devices on boats to catch poachers is OK, surely there is no valid objection to similarly tracking convicted sex offenders. ..Source.. EDITORIAL from delmarvaNOW.com
Woman admits she lied to feds
This is proof of the harm caused by sex offender registries to families and relationships. The world knows why the fellow maybe didn't report a address change, and yes that is a problem. However, the police said the boyfriend was already out the rear window before she answered the question at the front door, 5 minutes had elapsed, therefore she did not lie to the police. Case after case is won on such technicalities, this is one that they should dismiss. Love causes many to act in ways that others may not agree with, but folks need to understand relationships.2-22-2011 Virginia:
City resident says she wanted to protect boyfriend
HARRISONBURG -- A Winchester woman admitted in U.S. District Court last week that she lied to federal agents.
___, 29, entered into a plea agreement Feb. 8, according to online court records.
A statement of facts filed in the case says that two U.S. marshals and a Drug Enforcement Administration agent went to ___'s house on Nov. 9 to look for her boyfriend, ___, who was wanted by the state for failure to register as a sex offender. It says he was a fugitive at the time.
When the agents knocked on ___'s door and identified themselves as police officers, she didn't answer at first, and they could hear whispering behind the door, the statement says. She answered the door after five minutes and claimed no one else was inside the home.
However, one of the marshals -- who had gone behind ___'s house -- saw ___ climbing out a window and caught him, the statement says. When ___ let the agents search her house, they found ___'s clothes inside, it says.
"___ told [the marshal] she lied about __'s presence in her residence because she loved ___," according to the statement of facts.
The plea agreement says that ___ faces a maximum punishment of five years in prison and a $250,000 fine.
According to online Winchester Circuit Court records, an arrest warrant was issued for ___, 25, of Berryville, on Nov. 2. He has a revocation hearing scheduled for April 19, records indicate.
___ was indicted in Clarke County Circuit Court on Jan. 10 for failing to register as a violent sex offender. He was ordered to serve one month in jail on the same charge in Clarke County three years ago, and has numerous probation violations, according to court records.
A bench trial is scheduled in Clarke County on April 18, according to the Circuit Court clerk's office.
The Virginia State Police sex offender registry says that ___ is currently in the Northwestern Regional Adult Detention Center in Winchester. It says he was convicted of rape in December 2005 in Clarke County. ..Source.. Sally Voth
Officials: Sex offender law has few problems
With respect to the police mentioning where "residency restrictions" came from, this is absolute proof they have no idea what is from the Adam Walsh Act, and what comes from the minds of state lawmakers. Residency restrictions DO NOT come from the AWA federal law, what has happened is, state lawmakers, when enacting AWA requirements, coupled their own requirements which have nothing to do with AWA, then blame the federal law. This is th kind of misinformation that is spreading across the nation.2-22-2011 Ohio:
Scott Hildenbrand has a pragmatic attitude about the responsibility law-enforcement agencies have to keep track of registered sex offenders who live in area communities.
"In a perfect world, we wouldn't have any sex offenders," said the chief deputy of the Geauga County Sheriff's Office. "But this isn't a perfect world. We do have sex offenders and we need to have a system in place that accounts for their whereabouts so law-abiding citizens can have peace of mind."
The system referred to by Hildenbrand has been in place since Jan. 1, 2008, when Ohio's Senate Bill 10, originally passed in July 2007, went into effect.
Ohio already had been at the forefront of states in registering sex offenders since the mid-1990s. With the implementation of the legislation, Ohio became the first state to come into substantial compliance with the federal Adam Walsh Child Protection and Safety Act of 2006.
"Nothing that's happened since then indicates to me there are any problems with the system," said Lake County Sheriff Daniel A. Dunlap. "Our role (in monitoring registered sex offenders) has grown greatly in recent years. We take advantage of any program that enhances the safety of our citizens."
A key provision of the bill established residency restrictions for registered sex offenders. They are prohibited from establishing a residence within 1,000 feet of a preschool, school or day-care center. The law also establishes three classifications for registered sexual offenders.
Tier III offenders are individuals convicted of the most serious felonies. They must do in-person registrations every 90 days for the rest of their lives at the sheriff's office in their home county, and the sheriff's office must provide written notification by mail to all residents living within one mile of the offender when they move in.
Tier II offenders must register twice annually for 25 years. Tier I offenders must register once per year, on the anniversary of conviction, for 15 years.
As of Friday, the office of Attorney General Mike DeWine reported that there are 17,927 registered sex offenders in Ohio. That total is down slightly from 18,809 in November 2009.
The eSORN list is linked to 88 sheriff's offices and 32 correctional facility records offices of the Ohio Department of Rehabilitation and Corrections.
In the Lake County Sheriff's Office, the registration and monitoring of registered sex offenders is handled by deputies Michael Perry and David Harvey.
"Is the system flawless? No. But our success rate is good," Perry said. "It's a group effort involving law enforcement and the courts. We're very aware of what citizens want."
Perry said that a new wrinkle in the system, in place since late 2010, sends written notifications to registered sex offenders of the next date they must report to the sheriff's department.
"This eliminates the excuse of not knowing the registration deadline," Perry said.
"Once the individual goes three days past the deadline, a warrant is issued for his or her arrest."
Hildenbrand said that in Geauga County, there have been "several instances" of registered sex offenders violating the 1,000-feet rule. Those individual were required to change residence to come into compliance.
Lake County Prosecutor Charles E. Coulson has been critical of the legislation since it hit the books in 2008. Coulson said the law casts too wide of a net.
"The law is arbitrary and indiscriminate," Coulson said. "We want to protect the public, of course, but by covering such a wide area, we are needlessly putting the spotlight on people whose offenses may not rise to the level of seriousness this law intends to address.
"There are individuals who technically fall under this law, needing to register, who are not a danger to society," Coulson added.
"I hate to see kids who make one stupid mistake forced to wear a scarlet letter for the rest of their lives.
"Right now, there is no discretion for judges who know the entire history of a case. We need to give the judges some discretion."
In June 2010, the Ohio Supreme Court by a 5-1 vote threw out sections of the legislation.
The justices ruled that provisions of the law violated the constitution when state officials were forced to change the classifications of individuals convicted of sex offenses prior to implementation of the new rules.
Perry said the ruling necessitated a certain amount of paperwork but did not represent a setback to the registration and monitoring of sex offenders in Lake County. ..Source.. David S. Glasier
Group working on behalf of sex offenders
My two cents on "Do sex offenders deserve to have their voice heard?" Have you heard that in this country there is something called the U.S. Constitution, I suggest it be read by anyone questioning a person's right to be heard, whether they have a conviction of not!2-22-2011 Colorado:
Do sex offenders deserve to have their voice heard? A group called Advocates for Change works to reform laws for those convicted of a sex offence, it something victims' advocates find hard to understand.
"My son is doing very well, going to school full time and goes to church every Sunday," says Susan Walker whose son has been out of prison for the last couple years.
He had sex with an underage girl, without her consent, "He asked to have sex with her and she said no, she was drunk and fell asleep and he had sex with her," Walker explains
Walker is a member of Advocates for Change, they say her son is one of the lucky ones who had an indeterminate prison sentence but got treatment and got out.
"What that was supposed to mean was that they serve their bottom number, then go through the treatment program within Department of Corrections, then be released under lifetime supervision on the outside," says Annie Wallen, when explaining indeterminate sentences, she's also a member of Advocates for Change. She adds that, "The Department of Corrections has changed how they implement that and treat it as a lifetime sentence," meaning sex offenders are serving longer sentences.
Victims' advocates have a hard time understanding a group that advocates for sex offenders, Joyce Aubrey was sexually abused as a child, "It's frightening as a survivor of a sexual assault and someone who volunteers daily to work with sexual abuse survivors."
Aubrey's concerned more about the victims than the offenders, "The victims are re-victimized by being exiled from their families and the perpetrators are supported by spouses and other siblings, it's a victim blaming crime."
Right now lawmakers are working on a bill to re-authorize the Sex Offender Management Board, which determines treatment and monitoring of sex offenders. Advocates for Change have an issue with some of the language in the bill, "What should be in statute is this board should exist, but not a philosophy that says that no one with a sex offense can be cured," says Walker.
Victims' advocates and some lawmakers are concerned about how to do that and still protect the public, "They are a threat to our community if not properly managed and monitored," says Republican Representative Bob Gardner, El Paso County.
A reading is scheduled for the Sex Offender Management Board Reauthorization Bill Tuesday morning. Advocates for Change say they'll be there. ..Source.. Stephanie Collins
Editorial: Right track on sex-offense law
2-22-2011 Colorado:
Legislators appear to have learned from last year's debacle in setting priorities for continuing a sex-offender oversight panel.
The state legislature has a chance this year to get it right when it comes to reauthorizing Colorado's highly regarded sex- offender management board.
Last year's misguided attempt, which included efforts to water down the board's power, was ultimately vetoed by Gov. Bill Ritter, and deservedly so.
Judging by the latest measure, which will be heard in committee this week, it seems state lawmakers are on the right track.
Created in 1992, Colorado's sex- offender management board was charged with providing statewide standards for the court-ordered treatment and management of convicted sex offenders.
The board's authority sunsets this year. The basic mission of House Bill 1138 is to reauthorize the board until 2020. But it's also notable for what it doesn't do.
Last year's debacle of a bill would have eliminated the so-called no- known-cure approach that has guided the management of offenders. Treatment is based on the belief that sexually abusive behavior is a compulsion.
This bill maintains that essential idea, but refines the language to include the proviso that through treatment, some offenders can recognize and manage the cycle of "unhealthy patterns" that lead to abuse. If so, they can be classified and monitored as lower-risk offenders.
It seems reasonable to acknowledge that some sex offenders are more dangerous than others, and tailoring the level of supervision to a reliable assessment of risk is appropriate.
Importantly, the legislation makes clear that the safety of victims and potential victims from physical or psychological harm is a priority.
In creating metrics for identification and evaluation of lower-risk offenders, the board must be vigilant in ensuring public safety.
Some other portions of the bill carried over from last year's bill are noncontroversial and appropriate, such as giving the state Department of Regulatory Affairs authority to investigate complaints against sex-offender treatment providers. That's appropriate.
Thankfully, this bill leaves out the element of last year's measure that was the fuse to the bill's implosion — the offender treatment choice option.
Remember that fiasco? Sen. Joyce Foster, D-Denver, amended the bill at the last minute to let sex offenders pick their own treatment providers.
Foster used her soapbox to push for the change without telling anyone her brother-in-law, a sex offender, had been treated by one of the providers she publicly railed against.
Even worse, she later lied about it. When a Denver Post reporter asked Foster whether she had a relative who had gone through the Teaching Humane Existence Program, she said no. A week later, she changed her tune.
The amendment was an objectionable element of the measure that then-Gov. Ritter cited in vetoing the bill.
It is important this new bill, supported by the Colorado Department of Public Safety, makes it through the legislature with few, if any, changes.
Without such enabling legislation, the board will cease to exist. We hope lawmakers respect the history of this measure and the urgent need for its passage. ..Source.. EDITORIAL The Denver Post
February 20, 2011
Offender unhappy about mapping website
2-18-2011 Wisconsin:
JANESVILLE — Brenda McIntyre wasn’t happy when she saw her name and picture on a Janesville police website listing felony drunken-driving offenders.
“I just thought it was kind of bizarre and crazy,” she said. “We’re not sex offenders.”
McIntyre is one of 55 Janesville residents on an online map revealing information about people with at least five drunken-driving convictions.
McIntyre, 44, said the Janesville police mapping program, Project Sober Streets, is a violation of her privacy.
She acknowledges that her eight drunken-driving convictions are serious, but she said the map goes too far.
“Do they really have to go to the extreme of putting all of our information on it?” she said. “Why don’t they do one for drug dealers or crackheads?”
Police say Project Sober Streets allows people to track offenders such as McIntyre to protect the public, report problems and deter drunken driving. The map reveals McIntyre’s name, address, photograph, driver’s license and probation statuses.
Police Chief Dave Moore said the map doesn’t violate anyone’s privacy. He said the project publishes information available to anyone on websites such as Wisconsin’s online court records system.
Janesville police arrested 304 people in 2010 for drunken driving. The city averages about 100 drunken-driving crashes a year.
“This is a public safety issue. These are folks that have shown repeatedly that they are unable to follow the law,” Moore said. “Given the public safety measure of this issue, I think the disclosure is appropriate.”
He said police always are looking at ways to fight threats in the community, including drunken driving, drug dealing or other problems.
He said drunken drivers were chosen for the mapping project because the website is a proactive way to fight the problem.
“Absent Project Sober Streets, these people pretty much live in anonymity,” Moore said. “Even at the police department, we were surprised at the sheer number of these people living in our community.”
McIntyre said she is worried about a dangerous man from her past finding her by using the map.
She admits she never raised her concerns with the police department, even though she was notified she would be on the website.
Moore said he would consider removing offenders if they had valid safety risks. He said sex offenders had similar concerns that never came to fruition.
“This was mirrored after the sex-offender registry,” Moore said. “Even with sex offenders, we never experienced any violence from disclosing where they live.”
Moore said he thought he would get several phone calls after notifying offenders they would be on the website. But the calls never came.
Five offenders contacted the department about the website, Moore said. Three were supportive of the program, the fourth was upset and the fifth claimed he no longer lived in Janesville.
One offender wrote the police department a letter, stating he has been through treatment and would like to help keep drunken drivers off the streets.
“I support my community and public safety and am willing to speak and mentor anyone in the community,” the letter states.
Several people in Wisconsin and other states e-mailed the department, complimenting Janesville police on the idea, Moore said. A radio talk-show host in California had Moore on as a guest to talk about the website.
West Allis Police Chief Mike Jungbluth said he liked Janesville’s idea so much that he is doing the same thing at his department. He learned about the program during a meeting of Wisconsin police chiefs.
West Allis police in 2010 arrested 615 people for drunken driving, more than twice as many as Janesville. He said the website would bring awareness to residents and hopefully deter the problem.
“The city of West Allis has a huge issue; it’s a cultural thing,” Jungbluth said. “We have 120 bars within our 11.1 square miles.
“It’s just an ongoing issue that we have within our community,” he said. “We’re definitely doing our best to tell people that it’s not tolerated in our city.”
Posting information about offenders online is not new to Janesville police. The department also publishes the names and addresses of people arrested on criminal charges.
The drunken driving map had 8,000 hits from eight countries in the days after it went public. The site has since dropped to about 270 hits a month.
McIntyre said family and friends immediately told her they saw her on the map after it went online. She said some people posted about it on her Facebook page.
She wonders what else police could put on the Internet.
“What are they going to do next,” McIntyre said, “have a website for people who smoke too many cigarettes a day or drink too much coffee in a day?” ..Source.. TED SULLIVAN
February 18, 2011
'Romeo-Juliet' off Sex Offender List?
2-18-2011 Michigan:
Sen. Jones wants action after Target 8 stories
LANSING, Mich. (WOOD) - The chairman of the Michigan Senate Judiciary Committee expects to introduce legislation the week of Feb. 21 that would revamp the state's sex offender registry, allowing users to more easily identify predators on the list.
Sen. Rick Jones, R-Grand Ledge, said a Target 8 investigation into the registry should provide traction for change.
"Your stories bring this to a head," Jones said after viewing the Target 8 investigation, which aired Tuesday and Wednesday. "They alert everybody that there's a difference on people that are on the current list."
The investigation raised questions about whether the registry, with more than 42,000 names on it, is serving its purpose -- to protect the public from potentially dangerous predators.
The list paints offenders with the same brush, making it difficult to pick out predators from those who pose no real threat.
Among those who shouldn't be on the list, Jones said, is Rick McQuillin. He was 17 when he had consensual sex with a 15-year-old girl who was not legally old enough to consent -- a "Romeo-Juliet" case that put him on the list for 25 years, kept him out of the military and cost him jobs. It also will keep him from after-school activities for his two young sons.
"If it was consensual, under our legislation, it's considered Romeo-Juliet," Jones said. "They will not be on the list."
Jones said his office recently started working on legislation to radically change the list. It would divide offenders into three tiers.
"Tier Three will be the dangerous predators," Jones said.
It also would keep those "Romeo-Juliet" offenders, such as McQuillin, from the list altogether -- as long as the victim is older than 13 and the suspect is no more than four years older.
"This should have been taken care of a long time ago," Jones said.
It's difficult to say how many Romeo-Juliet cases would qualify. State police in the past have said as many as 200 such cases were on the list. In one Grand Rapids zip code alone, 49503, Target 8 found at least three cases, but only McQuillin's case would appear to qualify. In the other cases, the offenders were more than four years older than the victim.
"Certainly, the way the list is set up right now, you check on somebody, you don't know if they're a child molester; you don't know if they had Romeo-Juliet," Jones said.
The legislation is required by the federal government to comply with the Adam Walsh Act , which is meant to make sex offender lists uniform across the country.
After four years and two extensions, there's a sense of urgency in Lansing, with an April 1 deadline to get this done, or lose more than $1 million in federal law enforcement funds.
Jones said politics -- the state House and Senate each controlled by opposing parties -- have kept lawmakers from agreeing on change. Now, they are controlled by Republicans.
"We want a system that's fair and accurate, and we're probably not tough enough on serious predators," Jones said. "This law will make it a lot tougher on the serious predator.
"This will be done. That's my commitment to the citizens of Michigan. We're going to get rid of Romeo-Juliet cases. We're going to make sure we have a sex offender list that is meaningful."
If the law passes, Rick McQuillin, who is now 29, could petition a judge to erase him from the list.
"I wouldn't have to register anymore. I might be able to go to my kids'functions; I don't know if that's a possibility, but that'd be awesome."
Jones said he hopes to introduce the bill in time for a Senate Judiciary hearing on Feb. 23 -- the first step. If it passes, the state faces another deadline - July 27 -- to get its new sex offender list up and running. ..Source.. Ken Kolker
February 17, 2011
Va House fixes sexual predator commitment bill
2-17-2011 Virginia:
RICHMOND, Va. (AP) - Legislators have amended a bill that some said was unconstitutional and threatened a program to hold sexual predators for treatment after they are released from prison.
The Senate had passed a bill pushed by the Attorney General's office to allow sexual predators awaiting annual civil commitment reviews to be held with jail inmates.
A House Militia, Police and Public Safety subcommittee took that provision out of the bill Thursday.
Virginia law bans mingling those being held for treatment with those serving criminal sentences. The U.S. Supreme Court has said civil commitment is constitutional if it's for treatment, not punishment.
More than 200 sex offenders are being held in civil commitment, and some lawmakers warn they'd be released if the program was deemed unconstitutional. ..Source.. by WRIC.com
Cops: Sex Offenders Living In Woods To Be Evicted
2-17-2011 Florida:
ORLANDO, Fla. -- Police will serve eviction notices Thursday to more than two dozen sex offenders living in the woods of an Orlando neighborhood.
Officers stopped by a camp off John Young Parkway Wednesday. They said the group will be forced out of the area by the end of the month.
The property owner just recently became aware that the sex offenders were camping out. ..Source.. by WFTV.com
Could Sen. Scott Brown file charges against his alleged sexual abuser?
2-17-2011 Massachusetts:
FOX 25 / MyFoxBoston.com) - Now that Sen. Scott Brown revealed he was sexually abused as child at a religious camp in Cape Cod, there are lingering questions, some of which we may not get answers to.
Who is the man who allegedly assaulted the senator? Legally, could any charges be brought in this case?
Here in Massachusetts the Statute of Limitations is complicated. A victim has three years from the time they realize the assault has affected them. So if you're assaulted as a child and it takes you until your 50 to realize the damage it's done, you now have until you're 53 to file charges. Sounds a little convoluted right?
Well it's actually something that Senator Brown has been trying to change - to get rid of the statute of limitations.
The senator has been a strong advocate for sex abuse victims.
He has reformed the sex offender management system, has fought for stricter sex offender registration and filed a number of bills in the names of children, Jessica’s bill and Haleigh's bill to protect children from sexual abuse.
Mitchell Garabedian, who has fought for hundreds of sex abuse victims, says it can take decades for victims like Brown to come forward. And he sees no ulterior motives with the announcement of the abuse coinciding with the release of Brown’s book
"Another person has come forward another person has had the strength and courage to deal with such pain in their lives. Senator Brown should be proud of himself and his family should be proud of him. It's very courageous to come forward the way he did" said Garabedian.
As for that counselor, the Boston Globe - which obtained an advanced copy of the book – writes Brown would only reveal it was a religious camp on the cape but wouldn't disclose a denomination or a name.
In "Against all Odds" Brown also details physical abuse at the hands of his stepfather. ..Source..Shannon Mulaire, Reporter
One-size-fits-all laws for sex offenders miss the mark
The Claim "The registry serves a good purpose." The real problem is, no one can answer how it serves any public safety purpose. Consider, does the public feel safe not knowing about murders, those that steal from homes, the 1,500 or so annually that kill young children, domestic violence offenders, those who abuse the elderly, and the list goes on and on. Approximately 95% of new sex crimes are committed by someone who never before committed a sex crime. Finally, what good does it do to know where CERTAIN former sex offenders SLEEP for a few hours of the day? i.e., their address.2-17-2011 Illinois:
Justin Raxter is a 22-year-old college student. He plays guitar and writes and records his own music. He likes watching “The Office” and “Family Guy,” and will eat anything with bacon.
He is also a registered sex offender.
When he was 18, Raxter, of Loves Park, began dating a girl who was 15. The age difference of three years did not seem important at time. He’ll now spend more than three times that amount listed on the Illinois Sex Offender Registration.
A registry he said ruins people’s lives.
“I want to try to inform the public that not every sex offender is the same and not every sex offender should be treated the same,” Raxter said in a telephone interview.
Raxter said he has been unable to obtain employment since being charged with criminal sexual abuse, a misdemeanor in the state of Illinois for which he’s serving two years of probation. He also was charged with child pornography for photos and videos he had of the girl, charges that later were dropped, he said.
After they broke up and he was convicted at age 21, he had to register as a sex offender for 10 years. So, by the time Raxter gets off the registry, he’ll have spent about a third of his life with that label.
Amie Eipers, a licensed clinical social worker in Naperville who knows Raxter, and Catherine Wilson, a clinical psychologist in Chicago, have both worked with sex offenders.
“Society doesn’t want them to move forward,” Eipers said. “Society wants to punish them forever.”
“In any other crime, we’d call them an ex-offender,” Wilson said. “We don’t make murderers register.”
But while Sharmili Majmudar, executive director of Rape Victim Advocates in Chicago, acknowledges that the registry is not perfect, she said it serves a good purpose.
“What they did is illegal,” Majmudar said about newly turned adults having consensual sex with a minor. “People do want to know when someone has been convicted of a sexual offense in their community. While not a perfect tool, it certainly has provided some transparency around sex offenders.”
Raxter’s probation requires him to be employed or go to school. So Raxter takes classes at Rock Valley Community College.
But he’s not allowed to come in contact with anyone under the age of 18. Raxter said he was removed from an online course because a 17-year-old was in the class. And even though they were not physically meeting in the same classroom, it would have violated the terms of his probation.
Raxter also had to get a court order to see his nieces.
“Before I was convicted, my family would always throw huge dinners on the holiday,” Raxter said. “Unfortunately due to all the restrictions, such as no contact with children, we are no longer allowed to have most of the family over, and because of this holiday dinners haven't been the same since.”
Raxter used to play guitar in bands performing every weekend throughout the state and other parts of the Midwest. He also went to the movies so often that it was hard to even name a favorite. These are examples of things he can no longer do for fear that he would violate his probation.
“It is very hard to predict where a child may be present,” Raxter said.
Eipers, Kyle Cushing, a licensed clinical psychologist in Rockford, and Robin McGinnis, a social worker in Mundelein, all offer therapy to sex offenders. And all said there should be different labels for someone in Raxter’s situation.
“I think the biggest misconception is that once they hit that registry, they’re viewed as pedophiles,” Cushing said. “There’s a hysteria, a not-in-my-backyard philosophy. People need to be more educated about what the specific offense was.”
McGinnis said that the “once a sex offender, always a sex offender” label is not accurate.
“In young adults, male brains don’t mature developmentally until 25,” McGinnis said. “So, some engage in dumb, risk-taking behaviors.” But that does not mean that they will always be a sex offender, she said.
All three agree that therapy and counseling can be useful in treating sexual offenders.
And counseling is part of Raxter’s probation requirements, a service the state does not pay for.
“Right now, I just do the group stuff,” Raxter said. “I’m paying $20 per week for that, and one-one-on would be more like $100 per week.”
Raxter said group therapy has helped with his personal life, but that he does not always identify with the other people in the group.
“The age range isn’t the same,” Raxter said, and it is difficult to hear about a 50-year-old trying to have sex with a 15-year-old.
Raxter is getting A’s and B’s in his classes for the first time ever. He said being labeled as a sex offender has made him want to excel in other areas of his life.
He is working with Illinois Voices, a group that is trying to reform state and federal laws on sex offenders from the one-size-fits-all policies. Raxter has visited Springfield to talk to lawmakers about legislation to get those charged with his misdemeanor removed from the registry. A bill introduced last week by state Rep. Robert Pritchard, R-70th, would accomplish that.
Also, MTV is now filming Raxter for an episode of “True Life” about his problems as a registered sex offender.
“It's hard to think how different my life was just a couple years ago,” Raxter said. “I am somewhat starting to get used it, but I don't think being sex offender for a consensual relationship is something anyone should be getting used to.” ..Source.. Gina Harkins
February 16, 2011
Subcommittee approves bill to restrict limits on photographing children
As written, and amended, this bill still infringes on constitutional rights. The bill is not narrowly focused.2-16-2011 Georgia:
ATLANTA -- A subcommittee gave its approval Tuesday to a bill that would allow people to take photographs of children without a parent’s permission as long as they’re not on the state’s sex-offender registry.
The bill is designed to correct an oversight in last year’s sweeping sex-offender law that made it a crime for anyone other than the parents to photograph a child, even a grandparent or someone who captured the image of a child in the background.
However, the Georgia Parent Teacher Association testified against the bill and vows to try continue trying to stop it.
The subcommittee of the House Judiciary Non-Civil Committee voted unanimously to pass to the full committee House Bill 162 sponsored by Rep. Ann Purcell, R-Rincon.
“My 15-year-old grandchild could not have taken a picture of her friend,” Purcell said.
The law passed last year, sponsored by House Speaker David Ralston and then-House Majority Leader Jerry Keen, made it a misdemeanor of a high and aggravated nature for anyone taking a child’s photo without permission.
Purcell said she was contacted by a prosecutor and others from her coastal district asking that the law be changed because they feared it was so broadly worded that it would be ruled unconstitutional in a court challenge. That challenge might let an actual predatory of children off the hook.
“It was an oversight,” she said.
Ralston, an attorney, recognized the need for the change and approved her bill, she said.
The PTA, though, likes the law as it is.
“We want to ensure that in the bill it protects parental rights and the protection of the children,” said Otha Thornton, the PTA’s legislative chairman. “We want to take the protection a little bit further.”
He said there have been instances in metro Atlanta of people selling photos they took of children without permission and others who doctored children’s images and posted them publicly. He intends to ask the full committee to amend the bill when it comes for consideration ..Source.. Walter C. Jones
