Friday, May 6, 2011

Thiele: E-Stop Law Removes Thousands Of Registered Sex Offenders From Social Network Sites

Here we see a lawmakers happy that the law has denied registrants rights they are entitled to as is everyone else and based on nothing but a personal belief, and his belief is not supported by anything; no authority whatsoever. When will someone take this to court, folks on probation are winning as should these folks.
5-6-2011 New York:

Southampton - "Living in an information age with technology evolving faster than ever, we face new challenges every day in keeping our children safe. While the Internet provides numerous entertainment and educational benefits, it can also lead unsuspecting users into a dangerous trap. That's why I supported the Electronic Security and Targeting of Online Predators Act (e-STOP), which, since its passage three years ago, has helped remove more than 24,000 accounts and online profiles linked to registered sex offenders (Ch. 67 of 2008).

It can be very difficult for a child or teen to realize the threat posed by sex offenders masking their true identity online. Since the passage of e-STOP, strict online regulations, including prohibiting certain sex offenders from accessing social networking websites and communicating with minors, have helped protect thousands of children who access the web each day.

The popularity of social networking sites has resulted in the creation of millions of online personalized profiles that allow users to connect and interact with their friends. But, unfortunately, without the proper safeguards, these sites also allow online predators to easily shield their true identities to make unwanted sexual advances on our children. With e-STOP in place, more than two dozen social networking companies receive a list of updated sex offender information from law enforcement every week to identify predators and remove them from their websites. These companies also alert law enforcement to potential sex offenders on their sites. Already, e-STOP has shown that with full cooperation of law enforcement and social networking companies, thousands of unsafe accounts can be removed, keeping our children out of harm's way.

New York was the first state in the nation to pass such stringent regulations prohibiting registered sex offenders from using social networking sites to prey on young teens and children. Under e-STOP, sex offenders are mandated to register and keep up-to-date on all current email accounts, screen names and any other form of Internet profiles with law enforcement. By monitoring sex offenders' web use, law enforcement has helped remove offender profiles from social networking sites and eliminate the threat they pose in the online community.

The Internet is a wonderful tool for communication and learning, but without online protection, sex offenders have too many opportunities to reach our children. As a supporter of e-STOP, I understand the importance of strengthening our laws to protect families around the state from dangerous online predators." ..Source.. From the Office of Assemblyman Fred Thiele, Jr.

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Thursday, May 5, 2011

Bill banning sex offenders' use of Internet temporarily stalled in House committee

Lawmakers are fools at times, here they wish to ban use of the Internet, guess they have never heard of laws declared unconstitutional because they are OVERBROAD; maybe they just don't care. Well, today the 3rd Circuit (USA -v- Albertson) declared that, for someone with a child porn conviction using the Internet, that banning his use of the Internet later was OVERBROAD. If this becomes law, a court will knock it down with a quickness, and all their work is for naught; and these guys get paid?
5-5-2011 Louisiana:

BATON ROUGE -- Legislation that would ban the use of social networking sites and the Internet by convicted sex offenders who had used the devices to commit their previous crime bogged down in a House committee today when lawmakers questioned how it could be enforced.

"The bill is voluntarily deferred for a little repair," said Rep. Ernest Wooton, I-Belle Chasse, chairman of the Committee on the Administration of Criminal Justice.

Rep. Ledricka Thierry, D-Opelousas, the sponsor of House Bill 55, said she will bring the bill back with changes to address questions raised at the meeting.

Thierry's bill started out banning the use of e-mails, instant messaging, chat rooms and social networking sites on the Internet to anyone who had been convicted of a sex offense using a computer on a previous occasion.

The bill also banned convicted sex offenders from using the same means to contact a minor if they used an electronic method to contact the minor to commit the previous crime.

But Rep. Joseph Lopinto, R-Metairie, a lawyer and former police officer, said that the bill presented a problem for prosecutors because they would have to show a previous conviction involved using a computer to commit the sex offense.

"I think you have a problem enforcing this law," Lopinto said.

He amended Thierry's bill to ban the use of the Internet and any computer site to any person convicted of a sex offense.

Rick Schroeder, a lobbyist for the Louisiana Association of Criminal Defense Lawyers, said that would make the bill "overbroad, vague and probably unenforceable. It would make it virtually impossible for a convicted sex offender to even use a computer to engage in communications with his work, his family or his church."

State Police Superintendent Mike Edmonson, a backer of the bill said that one way to address the problem would be to list in the bill the various previous offenses that could be used to gain a conviction on Thierry's proposed law.

Edmonson said her bill is needed to help law enforcement crack down on child predators. "This will give us another tool," he said.

Edmonson said in the last three years, State Police alone have made 95 arrests of offenders using computers to commit sex crimes with juveniles.

The panel, at the urging of Wooton, killed another sex-offender bill that would have required future sex offenders to live no closer than 2,000 feet of a school, playground, child day care center or other facilities where children congregate. It also would have banned them from coming within 2,000 feet of those facilities.

Existing law bans offenders from being within 1,000 feet of those facilities.

Rep. Henry Burns, R-Haughton, the sponsor of House Bill 9, said offenders who now abide by the 1,000-foot radius would not have to move but offenders convicted after Aug. 15 would have to double their distance from child-related facilities.

Burns said that six other states -- California, Iowa, Oklahoma, Alabama, Kansas and Arkansas -- have a 2,000-foot radius in force now.

"Why is it important to have 2,000 feet instead of 1,000 feet?" asked Rep. Walt Leger III, D-New Orleans, a former assistant Orleans Parish district attorney. "You are not going to stop someone at 2,000 feet. It is not logical enough."

"People want sex offenders as far away from their kids as possible," Burns said. But he conceded that "tracking and monitoring sex offenders" are the best ways to reduce the chances they will commit another sex crime.

The committee approved House Bill 131 by Rep. Rickey Templet, R-Gretna, that would make it a crime for sex offenders to obliterate the words "sex offender" stamped in orange on their state-issued driver's licenses or identification cards.

Templet said that many sex offenders are "whiting out" the phrase to apply for jobs. His bill, which goes to the full House now, sets a maximum fine of $1,000 and a minimum of two years in jail, and a maximum of 10 years, for a first conviction. Subsequent convictions can be punished by a mandatory $3,000 fine, and at least five and up to 20 years in prison.

The panel also sent to the House floor House Bill 13 by Rep. Jerry "Truck" Gisclair, D-Larose, that requires any college student, faculty member or employee who has been convicted of a sex crime to register with campus police as well as the local sheriff's office.

"This will make our universities a lot safer," Gisclair said. ..Source.. Ed Anderson, The Times-Picayune

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Homeless sex offender arrested for moving OUT of a dumpster... because it's his official address

5-5-2011 New Mexico:

It seems more likely he'd have been in trouble for living in a dumpster in the first place.

But instead a homeless man has been arrested for moving out of an industrial bin - because he officially listed it as his address.

Charles Mader is a registered sex offender, so he must notify Albuquerque authorities within ten days if he moves.

In 2000, he was convicted for trying to rape a six-year-old boy.

When he was released from jail he had nowhere else to go, so he listed the dumpster on 8th and Central as his place of residence.

Deputies from Bernalillo County Sheriff's Office began searching for him on Monday, when they realised Mader had been absent from the bin for more than ten days.

They said they were particularly concerned because they had received reports saying he had been 'checking out' young children, according to News 4.

The five officers eventually tracked him down to a homeless shelter nearby after following a tip-off from one of Mader's acquaintances at a soup kitchen.

He told them he had been staying in an abandoned apartment across the road from the shelter, a step up from the dumpster.

According to deputies, he had already violated the terms of his registration as a sex offender twice before.

They say they are frustrated because they have told him over and over again not to move.

Last month he broke a requirement to re-register every ninety days, and he has gone missing once before.

Mader told News 4 he didn't understand the terms of the agreement, but Detective Pat Burke said he had personally explained it at least a dozen times.

Now he could face up to three years in jail because it is his third offence. ..Source.. Daily Mail Reporter

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Framingham Town Meeting split on sex offender bylaw

5-5-2011 Massachusetts:

FRAMINGHAM — Opposition to a proposed sex offender bylaw mounted last night as Town Meeting debated whether to prohibit registered offenders from loitering near children.

Town Meeting adjourned for the night without making a decision on the Board of Selectmen's proposal. Modeled after bylaws in Ashland and Natick, it would prevent Level 2 and 3 offenders from hanging out near designated "safety zones," which include schools and school bus stops.

Precinct 4 member Linda Lackey, who opposes the article, shared a personal story of what she called an encounter with a predator when she was a girl.

"I can speak to you today because I'm not Sarah Pryor," Lackey told fellow voters, referring to the 9-year-old Wayland girl who disappeared in 1985. Her remains surfaced years later two miles from her home and the case remains unsolved.

Lackey recounted being stalked after stopping to buy a Coke while walking home from a summer program at Dunning Elementary School.

When a man followed her from a gas station in Nobscot and then drove past her over and over, she ran door to door in a neighborhood, searching for help.

Lackey lucked out, she said, when she finally found a resident who was home. They called police.

"How would this bylaw have helped me?" Lackey demanded. "Many of you may feel that this bylaw is sending a message," but sex offenders "aren't just loitering in safety zones."

While the proposal has support from Town Meeting's Standing Committee on Public Safety, the Government Study Committee is recommending voters turn it down.

That committee's chairman, Karl Thober, said it's in the community's best interest to protect its residents and children from molesters.

"At the same time, we think that the bylaw is well intended, but poorly written," he said.

Selectman Ginger Esty and board Chairman Jason Smith, who worked on the proposal, defended it as a "first step" and an important tool for police.

Some members said they support the bylaw, which comes with a $300 fine per violation.

"It's not perfect," Kathy Vassar of Precinct 1 said. "It won't prevent every crime, but it's a tool for the Framingham Police Department to use."

Dan Gittelsohn of Precinct 14 urged support, even proposing several amendments to make the rules tighter. One suggestion was to require that offenders could only "loiter" for two minutes before violating the bylaw, not 10 as proposed.

"We should give the pervert no more than two minutes to walk by a safety zone," he said. "I do not want them anywhere near our children, and I'm sure most of you don't either."

He said a friend of his was molested. "That experience has impacted his whole life. He's in his 50s now. To this day he does not live a normal, happy life."

Some members said they oppose the bylaw because it's unconstitutional.

Precinct 12 member Geoffrey Froner said it would infringe on the civil rights of an offender.

"Most of them just want to be citizens and get on with their lives," Froner said.

Precinct 7's Mel Warshaw said the bylaw would give residents a false sense of security, and he said it could be easily challenged in court.

Town Meeting will pick up the debate following special Town Meeting, which starts tonight at 7:30 in Nevins Hall. ..Source.. Danielle Ameden/Daily News staff

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Wednesday, May 4, 2011

New court to handle cases of those convicted under Megan's Law

5-4-2011 Pennsylvania:

Allegheny County court officials plan to announce a new specialty court today that will focus on intense management of sex offenders' cases.

The program will require those convicted of Megan's Law offenses to undergo psychiatric assessments and periodically report in person to judges that they are complying with the terms of their treatment, Allegheny County court administrator Ray Billotte said.

The new court is modeled after a similar program in Buffalo, N.Y., officials said, and will have a budget of approximately $100,000 for the year.

"We're looking at this in terms of public safety," Billotte said. "The goal is to hold defendants accountable, improve public safety and reduce recidivism. We should never stop pursuing those goals whatever the economic climate might be."

The creation of the court is taking place on the heels of an announcement last month from state Supreme Court Justice Ronald Castille, who warned of a $47 million hole in the judiciary budget for the upcoming year.

Billotte said costs of the program will come from within the existing local courts budget and will not require additional money from the state or county. Including costs for juvenile placements, Allegheny County courts have an annual budget of about $130 million, with about 60 percent funded from the state and federal government, Billotte said.

A reduction in recidivism would save money in the long term, he said.

Common Pleas Judge Jill Rangos, who will be one of three judges assigned to sex offender court, said the program would apply to those nonviolent sex offenders who otherwise would be eligible for probation.

"One of the principle objectives of a court is to reduce recidivism and protect the community from repeat offenders," Rangos said. "This does not mean that violent sex predators will be given probation and sent to treatment instead of being incarcerated."

Allegheny County has several specialty courts: drug, DUI, mental health and veterans' courts. ..Source.. by Bobby Kerlik

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Sex offenders would not have to register for life under new bill

The proposed system is still an offense based system, and does not inform the public of the risk of the offender -in the present day light- the proposed system is only focused on -when the crime was committed- and ignores all rehabilitative efforts of the state and offender since that time. Systems focused on "Ease of Classification" do not result in a proper or truthful classification to inform the public of who is more dangerous today!
5-4-2011 California:

Some sex offenders in California would no longer have to register for life under a new bill approved by the Assembly's Public Safety Committee on Tuesday.

The new measure creates a tiered system where sex offenders would register for ten years, 20 years or life.

California is one of only four states that requires lifetime registration for all convicted sex offenders. The measure creating the tiered system has the support of the California Sex Offender Management Board.

The bill's author said it will help focus limited resources on those most likely to re-offend.

"Since not all sex offenses are the same you not only get more bang for your buck, but you'll also have more effective law enforcement around the perpetrators that are the most egregious and do the horrible things that keep us up at night," Assemblyman Tom Ammiano, D-San Francisco, said.

Under the proposed registry system, non-violent offenders who are considered "low risk" and have gone ten years with no sex or violent offenses and no more than one felony would only have to register for ten years.

Those with a moderate risk of re-offending, who were convicted of a violent sex offense or molestation, would be in the second tier. And ,offenders with a record of sexual violence or mental disorders and multiple felonies would remain registered for life.

The bill now moves to the Assembly Appropriations Committee. ..Source.. by KGET.com

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Tuesday, May 3, 2011

Questions About Family's Slaying Likely Won't Be Answered

In Response to Readers Comments: To understand why this is classified as vigilantism you need to see our definition of vigilantism. Accordingly, here we have someone (Roberts) who has taken the lives of the family of a former sex offender (Stevens), and shot him as well. We do not know why Roberts did that, therefore we classifiy that as a "vigilante act." The fact that Roberts apparently was hiding from police (or that Roberts was married to one of Stevens Kin [reason for Roberts living with the Stevens family]) does not change the fact that we do not know why Roberts killed the Stevens family (the vigilante act). The only exception in our definition of "Vigilantism" is, if Roberts was the victim of Steven's original sex crime, and the article does not make that connection. (YES, this was a difficult case to classify, and forced us to review our definition as well)
5-2-2011 Ohio:

Four Shot, Killed In West Union Home

WEST UNION, Ohio -- Bocephus Stephens wishes Randle Roberts hadn't been killed in a gunfight with Columbus police Saturday morning.

If Roberts were alive, Stephens said, he might be able to find out why Roberts shot Stephens' father, wife, sister and daughter to death in their West Union home.

West Union police said that 33-year-old Kendra F. Stephens, 67-year-old George Stephens, 40-year-old Sonja Stephens and 11-year-old Harley Stephens were shot and killed sometime early Saturday.

Another daughter, 8-year-old Mariah Stephens, told police she awoke to find her family shot to death. She heard nothing as she slept because Roberts placed earplugs in her ears, investigators said.

After the slayings, investigators said Roberts stole a sport utility vehicle and a car before getting into a chase and gunfight with Columbus police that left him dead and three officers wounded.

Franklin County Coroner Jan Gorniak wouldn't say how many times Roberts was hit but said he was shot in the head, torso and extremities.

Stephens told News 5's Amy Wagner that Roberts was married to a relative of his and was staying with Stephens' family while he got back on his feet.

Another family member said Saturday that Roberts was on the run from police for burglaries in a pair of central Ohio counties.

"The hardest part was today, (when) I had to go down and get their clothes out of the house, the smell in the house and just sick seeing all of the blood," said Bocephus Stephens.

Stephens, who is a registered sex offender because of a conviction 10 years ago ....., said he hopes to gain custody of Mariah.

"That's my daughter, all I got left now," Stephens said. "He took everybody else."
..Source.. by WLWT.com

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Utah panel considers changing civil commitment law

This is rather interesting because Utah DOES NOT have a civil commitment code TRIGGERED by the end of a prison sentence. Apparently, they want to use their GENERAL civil commitment code, which can confine anyone declared a danger to the community, for sex offenders following their prison sentence.
5-3-2011 Utah:

SALT LAKE CITY (AP) — A state criminal justice committee on Monday began considering changes to Utah's civil commitment law that would close a loophole that allowed a convicted sex offender go free.

Lonnie Johnson was released from Utah State Hospital in April after judges said he was incompetent for trial and did not meet the legal criteria for civil commitment.

"We have what I consider to be a gap in the law," said Rep. Brad Daw, R-Orem, who plans to propose a fix to lawmakers in 2012.

Under Utah's civil commitment law, a judge would have had to find that Johnson's mental illness made him a substantial danger to himself or others. Court papers say he suffers from an unspecified cognitive disorder.

The Commission on Criminal and Juvenile Justice subcommittee is considering changing the definition of substantial danger, Daw said.

Currently, it includes acts of violence that would cause serious bodily injury, physical pain and even the loss of limbs or mental faculties. It doesn't include sexual assault.

"To me that's a no-brainer," Daw said.

The committee of current and former prosecutors, mental health providers and others will decide just how to alter the language.

Craig Johnson, a deputy Utah County attorney who filed charges against Lonnie Johnson in 2007, said he's been working on draft legislation since early April, when he realized the case would stall over the competency issue.

"I'm invested in this," said Craig Johnson, who is not related to the defendant. "I'm sure our working group will present a recommendation that will prevent any future Lonnie Johnsons."

Lonnie Johnson was charged in 2007 with nearly two counts of rape, sodomy and aggravated sexual abuse of a child in Provo's 4th District Court. The charges stem from alleged relationships between Johnson and his step-daughter and her cousin over five years beginning in 2001. He has not entered a plea to those charges.

The Associated Press doesn't typically identify victims of sexual assault, but both of the alleged victims are now adults and gave their permission to family and prosecutors to openly discuss the case.

Lonnie Johnson spent more than two years at the state hospital after a judge found him incompetent for trial. But in March, doctors said he had made no improvement and a state judge said he could not continue to hold Johnson.

Judge James R. Taylor did not dismiss the case, however, and set a competency review hearing for November.

A parallel civil commitment petition filed by prosecutors was denied by a separate judge who said the law did not allow him to consider either Johnson's previous conviction in Washington for the rape of a 16-year-old girl or the pending criminal case as reasons to label him a danger.

Paul Boyden, director of Utah's Statewide Association of Prosecutors, said the committee will consider laws in other states in deciding just how to alter Utah's existing law.

"It's a balancing act," Boyden said. "You don't want to make it so broad that every person who is a problem becomes subject to civil commitment, that's not the right thing to do. But we know it's too narrow the way it is."

Lonnie Johnson left Utah after his release from the state hospital. An online sex offender registry for Utah no longer lists his whereabouts, nor is he listed on a registry for Washington state, where he was last known to be residing.

Craig Johnson said Oregon authorities had been notified that Lonnie Johnson was living with relatives in that state.

Lonnie Johnson's family has defended him, claiming the 2006 case was a misunderstanding and that the Utah allegations are the product of a bitter divorce battle between the former contractor and his wife.
..Source.. JENNIFER DOBNER

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