3-6-2011 Illinois:
___ is a registered sex offender, but it's because when he was 17, his fiancée at the time was 16-years-old and pregnant with their now 7-year-old daughter.
__, his wife, and their two young sons were hopeful a new bill introduced to the Illinois House would allow him to shed the sex offender tag. But the House defeated the bill known as the "Romeo and Juliet” bill on Thursday leaving the family in the unknown.
"I'm a little nervous both for myself and my family," ____ said.
What makes him nervous is House Bill 1628 which prohibits sex offenders from living near child counseling centers.
"If they don't make it specific to what a counseling center could be, it could be just about anything they decide and if that bill gets passed, my family will be moving to Missouri to live with [her] parents and I'll possibly be forced to live out of my car."
"I want us to stay together because that's what we are,” she said. “We stay together because we're a family."
The “Romeo and Juliet” bill needed 60 yes's to pass. It only received 36. With that number, ___ wonders if the politicians just didn't want their name next to a bill to free sex offenders.
"I'm sure a lot of them sit there and think ‘well, if we vote for this bill when next election season comes up, our opponent will throw that back and us that they're letting rapists and murderers and everything else on the street’ and that's not the case."
Even with the most recent bill falling through, ___ still remains hopeful he'll one day be removed from the registry.
"All I can do is take each day as it comes and hopefully, someday, I'll be taken off the registry or the state will realize what they're doing is wrong and they'll change the laws,” ____ said. “Until then, we just keep doing what we're doing." ..Source.. Steve Campbell
Sunday, March 6, 2011
East Moline man remains a sex offender after bill is defeated
Arciero files bill on sex offenders
Another new lawmaker who has succumb to the Political Hype that AWA (SORNA as to registrants) will protect communities. SORNA is nothing more than a "Address Book" w/pictures and a lawmaker's belief that one registrant is more of a risk than another to the community. The public needs to face the reality of what all registries are, and Address Book which -at best- tells you where a person sleeps for a few hours of the day/night. Day after day you read stories of NEW SEX OFFENDERS committing NEW OFFENSES, how is the registry protecting you from that? It isn't and cannot, and that is where the threat is, new offenders, not former offenders. WAKE UP, take the time to analyze what the registry truely accomplishes, it make you feel safe, and false sense of security. One thing it does accomplish, that is, it sucks your pocket book dry supporting false political beliefs.3-6-2011 Massachusetts:
Westford — State Rep. James Arciero filed legislation on Feb. 4 to that would make information about Level 2 sex offenders available online.
The legislation would bring it into compliance with a federal act and allow the state to access a significant source of funding.
“This will be my top public safety priority in the upcoming legislative session. This simple act will move us forward in protecting families and children in our neighborhoods,” said Arciero, who sponsored similar legislation last year with former state Rep. Lewis Evangelidis, who recently became Worcester County Sheriff. “Level 2 offenders are dangerous people and we need to have all the tools available to protect our communities.”
Laurie Myers, president and founder of Community Voices, said the bill would ensure the most current information regarding sex offenders is available to the general public via the Internet.
“The safety of my community doesn't end at the town line. As parents we travel to different communities with our children and should have access to the information without having to visit the police department to fill out a form every time we want it. Sex offenders use the Internet to prey on children, it only makes sense that parents be allowed to use it to keep our communities safe." said Myers.
Community Voices is a citizens group founded in 2004 dedicated to supporting, advocating and representing victims and survivors of crime; and specializes in sexual assault and Internet safety. Her group is supporting the passage of the measure.
The legislation will bring Massachusetts in compliance with the federal Adam Walsh Child Protection and Safety Act and enable the state to access Byrne Formula Grant funding. The act organizes sex offender categories into three tiers, requiring tier one adults to register for 15 years, tier two for 25 years, and tier three for a lifetime.
By complying with the Adam Walsh Act, Massachusetts could gain $600,000 in public safety funding, according to Arciero.
The Massachusetts Sex Offender Registry Board is charged with determining the danger level associated with a sex offender’s crime and proclivity to re-offend. Level 1offenders are deemed to have a low risk of re-offending. Level 2 offenders have a moderate risk--their crimes are considered a danger to the public, but information is available to the public only at the local police department. Level 3 denotes offenders whose crimes pose the greatest risk to public safety and are highly likely to re-offend. Their information is available on-line to all interested individuals.
In order to build the necessary support for passage of the measure on Beacon Hill, Arciero won the support of local and county officials.
“The Massachusetts Sex Offender Registry Board deems Level 2 sex offenders dangerous, yet members of the public cannot easily access information about their whereabouts,” said Middlesex Sheriff Peter J. Koutoujian. “Rep. James Arciero’s legislation is a common-sense measure to increase public safety by making such information readily available. I applaud him for his leadership on this issue.”
Littleton Police Chief John Kelly said “I believe it is one of our fundamental responsibilities, as a society, to protect our children and those that have and may be victimized by sexually deviant perpetrators. The foremost proactive manner in which to do this is through information and education and this proposed legislation will do just that, allow us to make additional safeguarding information available to those we serve. Rep. Arciero’s legislation will make Massachusetts compliant with the Adam Walsh Child Protection and Safety Act of 2006.”
Chelmsford Police Chief James Murphy said making Level 2 sex offender information more widely available to the general public would be a public safety benefit.
Westford Police Chief Thomas McEnaney noted that the issue was a major public safety concern last year in his town.
“Last year, we had a situation in which several residents were concerned that sex offender information available from other states’ monitoring systems was better than that which could be obtained from the Massachusetts’ system. I am hopeful that we can move in the direction of greater awareness of potentially dangerous individuals so that citizens can take the necessary precautions for themselves and their families” he said.
In 2009, a Level 2 sex offender living in Westford’s Forge Village section was accused of raping a 16-year-old girl. Charges were dropped for lack of evidence, according to police, but the court case raised awareness among residents about the difficulties in obtaining information. After delving into the offender’s background, a group of residents discovered that he had been convicted of a sexual offense in Florida. While his information was available online from that state, similar information was not available in Massachusetts. Residents contacted Arciero who helped to organize a public forum. One outcome was a decision to file legislation making it legal to post the names of Level 2 offenders online.
Enactment of the law would result in savings to taxpayers by eliminating many of the proceedings regarding changing classification, according to Arciero.
The measure has over 36 legislative co-sponsors and will now be assigned to the Joint Committee on the Judiciary. A public hearing is expected to take place within a few months, Arciero said.
“With the support of members from both the House and Senate and backing from both Republican and Democratic members, I think we can put together a strong bipartisan and bicameral coalition to get the necessary votes to make this happen.” Arciero said. ..Source.. Editor’s Note: This story was written and submitted by the office of Rep. James Arciero.
Saturday, March 5, 2011
Controversial signs on front lawn target sex offenders
3-5-2011 Alabama:
HUNTSVILLE, AL (WAFF) - How far does free speech really go? Signs out in front of a Huntsville mans home is creating quite the commotion.
The signs have the power to create a traffic jam, plenty of conversation and even stir up emotion.
The homemade signs on Michael Gill's front lawn in the middle of Five Points are sending a message, aimed at a neighbor.
"If I didn't do anything, no one would know that rapist is living on my block across the street."
A couple days ago, Gill received a notice in the mail from Huntsville Police.
A registered sex offender who was convicted of 2nd degree rape of a 15 year-old moved in a few doors down, and by law, anyone within 1000 feet is required to know.
"When I get that notice, what am I supposed to do," said Gill.
So he installed 24 hour camera surveillance at his home.
"I agree with the man, I don't think he should be here and there is a whole lot of kids in the neighborhood," said resident Jody Price.
Not all of Gill's neighbors agree with his tactics.
Many who would not go on camera said Gill is creating more of a nuisance than anything else.
Some of Gill's neighbors have even reported him to police and the city over this.
He's violated the noise ordinance and was forced to reduce the size of his signs.
"I have to stay within the city ordinances, but that is infringing on my speech," Gill said.
His neighbor, though, also has the right to live there.
WAFF spoke the man. He was convicted back in 1999 and served a year for the crime. He said he served his time, doesn't bother anyone, wants to be left alone. ..Source.. Margo Gray
SecureAlert, Inc. Subsidiary to Provide Sex Offender Patient Tracking for Minnesota Sex Offender Program at Moose Lake, Minnesota
Someone in power needs their head examined, and its not a patient. This is the most unbelievable waste of money I have ever seen, folks in Minnesota should petition the Gov. to have this person removed from office!3-4-2011 Minnesota:
SANDY, UT -- (MARKET WIRE) -- 02/25/11 -- Securealert Inc. (OTCBB: SCRA), a leading international provider of patented, wireless electronic monitoring systems and services to public safety agencies, announces that their subsidiary, Midwest Monitoring and Surveillance, Inc., has reached agreement to provide patient tracking system inside the Minnesota Sex Offender Program at Moose Lake, Minnesota for a contract price of $725,456. The project began on February 9th, and is expected to take approximately 90 days to install and become fully functional.
"The Moose Lake project further demonstrates SecureAlert's ability to deliver a variety of monitoring solutions in support of a broad range of offender-specific customer needs," said Gary Shelton, President of the Midwest Monitoring and Surveillance operating division of SecureAlert, Inc. Mr. Shelton continued that "the State of Minnesota and the Moose Lake facility management team have been very deliberate in their efforts and diligent in their requirements to seek out the most efficient and effective solution available in the marketplace today." "We are very proud to have the opportunity to service this critical program," concluded Mr. Shelton.
"We continue to see an increased demand for 24/7 intervention monitoring solutions and for offender-specific applications," said John L. Hastings, President and Chief Operating Officer of SecureAlert, Inc. Mr. Hastings continued, "Even though these offenders are held within a secured facility to help correct their behavior, there is a need for these offenders to understand that they are under constant supervision, and the need for them to abide by every rule and requirement placed upon them by their counselors. Electronic monitoring is but one of the tools necessary to assist facility staff with helping patients understand that they have boundaries and accountabilities and that their movements do not go unchecked."
"We are pleased that our subsidiary Midwest Monitoring and Surveillance has continued to perform and win contracts that are driving SecureAlert towards profitability. We are grateful for their commitment and the partnership which we have achieved," concluded Mr. Hastings. ..Source..
Friday, March 4, 2011
Convicted sex offender sues mother of victim over blog post
Most interesting in this case is, that, even if the FSO is absolutely correct about what the mother said about him, he is still very likely to lose this case. The reason is he forgot the "audacity factor" the other hidden party to this case, and never to forget that the public court system is controlled by the "audacity factor," whether he likes it or not.3-4-2011 Washington:
TACOMA, Wash. -- A convicted sex offender is suing the mother of a child he had inappropriate contact with because he says she wrote negative things about him on her blog.
Patrick Rojas, 26, plead guilty in 2007 to a gross misdemeanor for contact with a minor for immoral purposes. But Danielle Schneider says that charge didn't come close to describing what Rojas did to her 11-year-old child. Schneider decided to blog about it and warn others.
"I have gone outside of myself in hopes that something redeeming would come out my family's nightmare," Schneider wrote. "I just felt like we needed to tell our story so that that community could know who they were dealing with to protect themselves."
Rojas was the pastor's son at Schneider's church and often visited their home. He is now classified as a level two sex offender in Washington. But in court documents, his attorney claims Rojas is embarrassed by the blog and can't get employment because of it.
Schneider says her family can't afford another court case. She says she offered to take the site down but Rojas' attorney refused.
"The audacity that the person who abused my child and changed the course of our family and our life was suing us," said Schneider.
Pierce County Prosecutor Mark Linquist says he's never seen a case quite like this.
The civil division of the Prosecutor's Office says there are factors in the case that will likely need to be established. The first is whether everything on the blog is true and whether it is public record.
Rojas' attorney did not return calls for comment. He's asking Rojas be paid unspecified damages. ..Source.. by KING 5 News
Lawmakers Reject Sex Offender Registry Bill
3-4-2011 Illinois:
WSIL TV -- The Illinois House rejected a bill Thursday that would have removed some sex offenders from the state's registry.
The so-called Romeo and Juliet law would have allowed certain young sex offenders to petition a judge for removal from the list. Supporters say they'll continue to push the issue and plan to propose the bill again.
The measure would have only applied to non-violent offenders convicted of a sex crime in their teens or early 20's. The victim had to be at least 14-years-old, and the offender couldn't be more than four years older.
___ is one of those on the Illinois sex registry that stood to benefit from the law. He was convicted of statutory rape in Texas when he was 18.
"I was dating a 14 year old girl, getting ready to be 15, just a high school thing," he explained, "We were in school, she was two grades under me."
___ served four years in prison after his conviction.
"Since then I've just been trying to live a normal life. But it's kind of hard to forget about the past when you're stuck in the past," he told News Three.
___ can't put the incident behind him. He has to check in with Jackson County authorities every 90 days. His tires have been slashed and his car spray painted. And his name will be on the state sex offender registry for years.
"I'm not a rapist and I'm not a child molester. Now I understand people like that, but just for a typical teenage mistake?" ___ said.
He insists the victims' family knew about the relationship and did not want him prosecuted. Now, he would like the opportunity to petition a judge to have his name removed from the sex offender list.
Union County State's Attorney Tyler Edmonds says most of the "Romeo and Juliet" cases are not that clear cut; it's up to prosecutors to use their discretion--
"It often times is something where there are other criminal cases involved, and it's an important part of the plea negotiation that we feel, for the protection of the public, that the person needs to be registered as a sex offender," Edmonds said.
Edmonds would like to see any future legislation written so the offender has to prove why they should be removed from the list. The version rejected Thursday, would have made the state prove why an offender should remain on the registry.
For his part, ___ would like a second chance--a chance to move on, and do everyday activities with his kids.
"They're not just punishing us. They're punishing our whole family," he said. ..Source.. Emily Finnegan
Thursday, March 3, 2011
Warren police question son, 34, found in attic after slaying of father, 61
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3-3-2011 Michigan:
Judge Sends Alison Peck to Jail, She is Terminated from Sex Offender Treatment Program
3-3-2011 Missouri:
Prosecutors say Peck is a danger to the community for not completing treatment
A judge says a former teacher convicted of having sex in three counties must go back to jail instead of remaining out on bond. Greene County prosecutors say Alison Peck is a danger to the community for violating her probation at least three times.
Greene County Prosecutor Casey Clark told the judge Peck is terminated from her sex offender treatment program for lack of progress. Peck is also charged with failing to register as a sex offender twice. “They have to find out everything from your client not from her and after the fact,” Judge Calvin Holden told Peck’s attorney. “She doesn't do anything she is supposed to do.”
Before the hearing started and after her attorney Anissa Bluebaum met with prosecutors, Peck seemed shaken. Friday’s probation violation hearing is postponed because Bluebaum, Peck's new attorney, needs time to prepare.
Prosecutors read a letter from Peck's sex offender treatment program coordinator. The coordinator said Peck failed her last polygraph exam, continues to have employment problems and has a lack of financial responsibility and stable residence.
Prosecutors say Peck also tested positive for drugs. They say Peck is a danger to society for not finishing sex offender treatment. The judge ordered she go to jail until she posts bond again.
“When you have someone who has multiple violations over multiple months and the situation just gets progressively worse it kind of takes away the options we have available,” Clark said.
Bluebaum said she was disappointed in the judge's decision and Peck's new $75,000 bond. She felt Peck's previous bond of more than $37,000 was enough to ensure she would appear in court.
Peck will be back in court next Friday when her attorney will likely ask for a bond reduction. Judge Holden will also set bond conditions. A new probation violation hearing is set for March.
If the judge revokes Peck's probation she could be sent to prison for five years, her original sentence that was suspended for five years supervised probation, registering as a sex offender and completing sex offender treatment. The judge could also decide to send Peck to jail for 120 days shock time or send her to drug treatment for 120 days. ..Source.. Emily Rittman, Paul McReynolds
McDonnell weighs change on filing sexual abuse lawsuits
3-3-2011 Virginia:
Flipping through photographs five years ago, Becky Ianni came across an image that changed her life.
The photo was of a 9-year-old Ianni with Monsignor William T. Reinecke, a pastor at her family's Alexandria church who she says molested her for two years after befriending her family.
"He told me that God would be mad at me and I'd go to hell," said Ianni, now 53. "I figured what was happening was my fault and that God was punishing me because I was a bad person — I just buried it."
Finding the photo awakened those buried emotions. "I just couldn't put it aside any longer," she said.
Ianni's was one of several stories that helped legislation to dramatically increase the time limit under which victims of sexual abuse can file lawsuits clear this year's General Assembly. Two identical bills that would increase the limit from the current two years to 20 are on Gov. Bob McDonnell's desk.
If signed, the legislation would allow victims 20 years from the time of the incident, their 18th birthday or — in the event of repressed memories — from the time the abuse is remembered, to file suit. There is no limitation on criminal charges.
Ianni was not the first to come forward with allegations against Reinecke, who took his own life in 1992, days after being confronted by a former altar boy with a similar story. Shortly after his suicide, another male parishioner accused him of sexual abuse.
Ianni eventually negotiated a settlement to pay for her therapy, but it was too late for a lawsuit.
The Catholic Church opposed the 20-year limit during this year's legislative session in the wake of a wave of scandals and lawsuits that last year rocked the church, the second such controversy in less than a decade.
"When we talk about civil lawsuits, we're talking about not only actual perpetrators, but third parties being sued," said Jeff Caruso, executive director of the Virginia Catholic Conference. He noted that those parties could include churches, schools and nonprofit groups.
"If one were to discover abuse when they were age 50, they would have until age 70 to file a lawsuit (about abuse) that could have occurred during their childhood," he added. "After a certain amount of time, memories fade, witnesses either die or can't be found ... records may not even exist any longer."
Caruso pointed out that 39 other states have a limitation of eight years or less and that only six have periods of 15 years or more.
* * * * *
Del. David B. Albo, R-Fairfax, who sponsored the legislation in the House of Delegates, said he did so on behalf of Protect, a national organization to help children.
Albo said current limitations "don't really make sense given the fact that these people who have been molested as kids don't think normally."
Even if victims don't block out the memories, they may not realize that what was done to them was illegal until they undergo therapy, Albo said.
"None of these people can get their stuff together to be able to file a lawsuit in time (under current law)," he said.
The legislation originally proposed extending the limit to 25 years. Some proposed eight years instead, before 20 was agreed upon in both versions of the bill.
"It's very, very scary that we've now gone from two years to 20," said Mary Devoy, founder of Reform Sex Offender Laws of Virginia.
Devoy said many are wrongfully accused of abuse and that proving innocence becomes much more difficult over time.
"Sexual claims are 'he said, she said,' and in Virginia, an accusation alone is sufficient to convict," Devoy said. "All you need is an angry ex who wants custody of the kids or who doesn't want to pay alimony, and it's a done deal."
Ianni saw things differently, calling 20 years "a good start."
"I wish there was no statute of limitations," she said, "but this is a big improvement. I know how long it took for me to come forward, and I'm not unusual. The average victim doesn't come forward until they're like 40."
McDonnell said Sunday that he would seek the advice of Attorney General Ken Cuccinelli before reviewing the bill.
"We're going to look at it," he said, adding that "there are some unique issues regarding sex offenses that would warrant extensions of the statute of limitations."
McDonnell said he is empathetic, having worked with abuse victims as a prosecutor.
"I understand that sometimes, for a variety of circumstances, it takes awhile for civil or criminal charges to be brought," he said.
Devoy said she hopes the governor will agree that 20 years was too long.
"A civil case is all about money," she said. "It's not about justice, it's not about locking up an offender, it's not about protecting the public or feeling safe. It's all about money."
Ianni disagreed, saying the change could protect children by encouraging victims to expose predators who might commit future abuse.
"None of us want another child to go through this," she said. "And rarely does a predator have one victim." ..Source.. WESLEY P. HESTER
Wednesday, March 2, 2011
Memphis Man Says He Was Wrongly Arrested During A Police Sex Offender Roundup
3-2-2011 Tennessee:
FAST FACTS:
---Memphis Man Says He Was Wrongly Arrested During A Sex Offender Roundup
---Corey Dickerson Calls It A Case Of Mistaken Identity
---He Says He Will Take The Memphis Police Department To Court
(Memphis 3/1/2011) Corey Dickerson's just been released from jail.
Dickerson said, "Take a look at his picture. They say that's me, but that's not me."
Corey S. Dickerson who admits he's had trouble with the law before says this time he was mistakenly arrested by Memphis police because they thought he was the other guy.
Dickerson said, "My story is I've been falsely accused and falsely identified and falsely imprisoned for something I never did."
Dickerson says he was arrested during a Memphis police and U.S. Marshall Service roundup of more than three dozen sex offenders.
He says they were really looking for Corey O. Dickerson who's charged with rape.
Dickerson said, "They came to my house and said I had an indictment for failing to register as a sex offender and I don't even have a sex offender charge. They held me in here for 24 hours for nothing."
He says officers knew they had the wrong man.
Dickerson said, "On my way to jail they told me they know it's not me and they made me make a bond and arrested me."
He posted a 10-thousand dollar bond.
Dickerson says he's embarrassed for something he didn't do, "I'm really emotionally distressed right now. It's nothing to explain how I feel to be honest with you. I'm really just disappointed with the whole system, the city, the sheriff, the judicial system, all of them."
This Corey Dickerson also says make no mistake, he will take the police department to court because of his case of mistaken identity.
Dickerson said, "I feel like just because my name is in the system I shouldn't be going to jail for a mistake that they made and I feel like I need to be compensated."
As for the other Corey Dickerson, he hasn't been arrested.
Memphis Police Director Larry Godwin admits a mistake was made and says officers had the correct arrest number for the suspect but apprehended the wrong person with the same name.
Godwin says his people tried to get Dickerson released but he'd already bonded out. ..Source.. Alex Coleman
How far can - or should - communities go to restrict sex offenders?
3-2-2011 New York
How can communities most effectively - and legally - protect themselves from convicted sex offenders? What kind of restrictions should be placed on the day-to-day lives of those deemed most at risk of re-offending? What role should local governments play in shaping those measures?
A recent state Supreme Court decision asserts that state regulations supercede local measures when it comes to regulating where convicted sex offenders can live. New York state has myriad laws regarding sex offenders, from Meagan's Law, which requires convicted sex offenders to notify law enforcement when they move into a community, to newly enacted guidelines and procedures concerning where the most dangerous sex offenders can live.
The Jan. 23 ruling by state Supreme Court Justice William Kelly invalidated Rockland's Pedophile Free Child Safety Zone Act, enacted in 2007. The local law has been the subject of several legal challenges, as have some of the 80-plus similar laws that have been adopted from Niagara Falls to Long Island. Such sex offender zones usually target those classified as Level 2 and Level 3 offenders. Level 2 designates a moderate risk of re-offending; Level 3 refers to those deemed at high risk of committing another crime.
Kelly's ruling in New City dismissed a probation violation against Yoel Oberlander for moving to a residence within 1,000 feet of a "Rockland County pedophile-free child safety zone," which included schools, child-care facilities, park playgrounds, youth centers and public swimming pools. Because the judge has ruled that the local law is pre-empted by state law, the county attorney has said that an appeal is unlikely, according to a county spokeswoman.
The court decision has implications beyond Oberlander's probation or even Rockland's safety zone law. Similar laws, including one in Putnam County, which recently updated its child zone law, ostensibly to avoid legal challenges, could also be in jeopardy. Westchester also has been considering child safety zone legislation. A New Jersey court last year struck down local safety zones, citing their interference with parole and probation officers' efforts to find suitable housing for offenders.
'Not in my backyard'
Judge Kelly expressed concern about "not in my backyard" residency requirements creating a hodge-podge of restrictions throughout New York. "Sex offender residency restrictions are multiplying throughout New York State, as local legislatures scramble to outmaneuver each other with highly restrictive ordinances designed to banish registered offenders from their community," Kelly wrote.
Indeed, that's what happened after the Rockland County Department of Social Services arranged for another Level 3 sex offender, Christopher Palma, to be housed in Ulster County. Palma had been admitted to the county's Summit Park hospital for two weeks, but when it was time for him to be discharged, Palma said he couldn't find housing that complied with the county's child zone law. He ended up staying at the county-owned facility for 19 months; under state law, he couldn't be discharged without a place to go. After Palma's relocation to Ulster was revealed in the local media, Ulster officials protested, and now that county is considering similar residency regulations for sex offenders.
When Rockland's child safety zone law was passed by the county Legislature and signed by County Executive C. Scott Vanderhoef, its limitations were duly noted. Some said it offered a false sense of security. The prime sponsor, Legislator Ed Day, R-New City, said it should not be seen as a total security blanket for children; it's just another tool for law enforcement. Vanderhoef has repeatedly said that the state must establish standards for housing sex offenders. Gov. David Paterson, when signing the recent updates to state law, directed state social service, parole and probation officials to address "a coordinated and comprehensive statewide policy that will both protect the public and ensure that there is suitable and appropriate housing available for sex offenders in every community in the State."
Rockland probation officers have complained that the child zone law has left few places in Rockland for sex offenders to reside, making it more difficult to monitor dangerous people. Day, a retired high-ranking NYPD officer, dismisses those complaints; he notes that other sex offenders have found places to live in Rockland, notwithstanding the restrictions.
Another take on offenders
Human Rights Watch U.S. researcher Sarah Tofte, based in Manhattan, examined residency restrictions in a 2007 report, "No Easy Answers: Sex Offender Laws in the U.S." No evidence could be found to show child safety laws diminished crimes against children, her research found. The organization monitors and defends human right issues around the world.
"For registered offenders, the main impact of the laws may be simply to drive them underground or to uproot them from their families and communities," the report states. Family support, counseling and employment are seen by many in the criminal justice community as strong motivators against recidivism. Her report concluded that, "Residency restrictions for convicted sex offenders should be determined on a case-by-case basis, for example by courts or probation and parole officers, and be subject to periodic review."
Paterson, in a memorandum on the state law last year, underscored the challenge of finding appropriate housing for offenders, a burden that falls on local probation and social services officials. Some probation and social service officials have said that by making it so difficult for them to find housing, sex offenders can slip into homelessness, which creates barriers to tracking their comings and goings - a dangerous proposition.
New York has tough laws
Kelly noted in his ruling that a 2005 state law barred sex offenders whose victims were minors and who were under parole and probation supervision from residing within 1,000 feet of schools. "In fact, New York has one of the strictest sex offender residency law(s) in the nation," Kelly wrote. As well, New York's Megan's Law shows the state's intention to manage the sex offender issues, according to Kelly's ruling. The state's newest sex offender regulations, which went into effect this month, mandate that local probation departments take responsibility for approving housing for sex offenders, Kelly notes. As Paterson wrote in his signing memorandum: "This bill recognizes that the placement of these offenders in the community has been and will continue to be a matter that is properly addressed by the State."
State regulations acknowledge a need for buffer zones, but demonstrate a long-term goal of reintegrating offenders into the community, Kelly stated. "Local residency laws don't," he said. "They permanently exclude offenders from communities, setting off a chain-reaction of fear-driven and increasingly restrictive laws."
Where does all this leave safety-conscious local communities? Still searching for answers as to how they can keep children safe - within the boundaries of the law. ..Source.. Nancy Cutler
