Showing posts with label (...Advocacy - AWA Myths - Misconstructions. Show all posts
Showing posts with label (...Advocacy - AWA Myths - Misconstructions. Show all posts

March 6, 2011

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.

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March 26, 2010

Understanding the Adam Walsh Act Titles: Facts, Myths, Misconceptions and Misconstructions

3-24-2010 National:

UPDATES: As changes are made, they will be followed by ADDED: MM-DD

A little background on the Adam Walsh Act (AWA) may help those who are making claims about it, many of which are simply incorrect. Far to many folks -including professionals and lawyers- have not taken the time to study the act and that has resulted in many misunderstandings and misconstructions of the act.

The following review of AWA is based on the verbatim wording of AWA (As passed by Congress in 2006: HR-4472), and not on how any state may have enacted it, later in time states could be reviewed, but states are constantly changing laws, so any effort would be a fruitless effort, so for today:

The Act (AWA) is made up of 7 titles:

TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES

TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING CHILDREN

TITLE V--CHILD PORNOGRAPHY PREVENTION

TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY SAFETY

TITLE VII--INTERNET SAFETY ACT


Each title addresses different topics.

Title I: Better known by its acronym SORNA. This subtitle sets forth parameters for state legislatures which they are to use to conform state laws to the will of Congress. The intent of Congress is that all states should have the same sex offender registration laws, or as close as possible without violating a state's constitution or other state laws.

Title II: The enhanced punishment section, and makes changes to existing FEDERAL laws. Many federal punishment laws are lengthened and mandatory minimums established. This section also establishes the death penalty for murdering a victim.

Title III: Tries to establish a FEDERAL civil commitment center similar to what 20 states currently have. This also makes grants available for states to do the same, establish civil commitment centers.

Title IV: Handles FEDERAL immigration laws and issues related to sex offenders and sex offenses.

Title V: Establishes new FEDERAL laws prohibiting child pornography and provides penalties for child pornography.

Title VI: Establishes grants to support studies and various parts of the Adam Walsh Act (AWA).

Title VII A separate title addressing sex offenders and sex offenses related to the Internet. And, specific idiosyncrasies of the Internet which may mislead minors. Also established FEDERAL punishments, and enhanced existing FEDERAL punishments, for Internet violations. This title also provides for additional FEDERAL personnel to monitor and prosecute Internet offenses.


Facts, Myths, Misconceptions and Misconstructions about the Adam Walsh Act:

-- Some folks claim: That AWA is a Ex Post Facto law, or, that AWA is a retroactive law. This generally stems from a misunderstanding of the Titles of AWA and failing to distinguish between AWA and SORNA.

-- AWA is not SORNA, SORNA is one title within AWA. Further, the United States Attorney General (USAG) did make a rule to apply SORNA retroactively to all former sex offenders, but the rule did not extend to other titles within AWA.

-- A law (referencing SORNA here) applied retroactively is not necessarily an ex post facto law, it could be to some, and not to others. One must review the facts of each case individually to determine if ex post facto issues are present.

-- Some Internet folks claim AWA is an ex post facto law, that is an erroneous belief, because AWA (the full law, all 7 titles) was not made retroactive, only one title within it (SORNA) was made retroactive.

-- Many folks believe SORNA is a FEDERAL law that DIRECTLY controls ALL sex offenders (i.e., law they must follow). Such is incorrect, SORNA is a set of parameters for state legislatures to use to conform their laws to, not a law which state registrants must follow. However, with that said, once state legislatures conform their state laws to SORNA parameters, it is those state laws which operates DIRECTLY on sex offenders and mandates their compliance. (Note: My construction here will appear to conflict with current court constructions, but soon, in another commentary, my belief will be explained in detail with proof found directly in SORNA)


Most egregious findings within AWA and SORNA:

-- TERM of REGISTRATION (TOR): For a minute ignore that the term is being set and adjusted by the built in classification system. First, earlier state sex offender laws established the TOR. SORNA comes along and changes the TOR -and- there is no built in assurance that, in the future, the TOR will not be changed again by some future law. Second, given that SORNA has been made retroactive, many folks have already gone past the TOR set for them by SORNA. Problem, SORNA starts the TOR all over ignoring past time spent on a state registry. For most TOR will be for a lifetime because of the failure to cap TOR in some way. ADDED: 3-27.

-- Hidden within SORNA (subtitle-B [Sec. 141]) is, a FEDERAL law which prohibits sex offenders from crossing state lines without re-registering. What makes this so egregious, is that, NO registrant of any state registry is told about this HIDDEN FEDERAL law. This clearly affects registrants constitutional right to travel. Further, clearly entrapment of registrants was the reasoning behind hiding it and not NOTIFYING registrants of it!

-- The above hidden FEDERAL law is used as a -jurisdictional hook- to get offenders into FEDERAL courts for prosecution. Once in federal court, and if convicted, offenders will serve their time in the FEDERAL Bureau of Prisons. All sex offenders (and possibly other offenders) nearing the end of their FEDERAL sentence will be reviewed for a possible civil commitment hearing, and that could result in them being held indefinitely in a civil commitment center (a lifetime commitment for treatment which is a ruse to hold them forever).

-- That SORNA was made retroactive to the beginning of time. This includes SORNA (subtitle-A) and SORNA (subtitle-B re: crossing of state lines). Further, allowing the USAG (an administrative employee) to make the rule retroactive, effectively overturns U.S. Supreme court rulings on many issues, for instance:
CALDER v. BULL 8-1-1798 Question:
This is the source of all ex post facto cases: The court holding a law is a ex post facto violation if any of the following have occurred:

1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action.

2nd. Every law that aggravates a crime, or makes it greater than it was, when committed.

3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.

4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.

-- The failure of SORNA to recognize state judicial decisions and state laws affecting registrants and their duty, to register or not register, -AND- SORNA only recognizing state supreme court decision on those issues. This clearly will raise new ex post facto claims, and so it should!

Some related court constructions:

-- Smith -v- Doe Held: Because the Alaska Sex Offender Registration Act is nonpunitive, its retroactive application does not violate the Ex Post Facto Clause. Pp. 4—18. Hence, such laws are civil and regulatory.

SNIP FROM DECISION: "The Court of Appeals reasoned that the requirement of periodic updates imposed an affirmative disability. In reaching this conclusion, the Court of Appeals was under a misapprehension, albeit one created by the State itself during the argument below, that the offender had to update the registry in person. Id., at 984, n. 4. The State’s representation was erroneous. The Alaska statute, on its face, does not require these updates to be made in person. And, as respondents conceded at the oral argument before us, the record contains no indication that an in-person appearance requirement has been imposed on any sex offender subject to the Act. Tr. of Oral Arg. 26—28."

The Court of Appeals held that the registration system is parallel to probation or supervised release in terms of the restraint imposed. 259 F.3d, at 987. This argument has some force, but, after due consideration, we reject it. Probation and supervised release entail a series of mandatory conditions and allow the supervising officer to seek the revocation of probation or release in case of infraction. See generally Johnson v. United States, 529 U.S. 694 (2000); Griffin v. Wisconsin, 483 U.S. 868 (1987). By contrast, offenders subject to the Alaska statute are free to move where they wish and to live and work as other citizens, with no supervision. Although registrants must inform the authorities after they change their facial features (such as growing a beard), borrow a car, or seek psychiatric treatment, they are not required to seek permission to do so. A sex offender who fails to comply with the reporting requirement may be subjected to a criminal prosecution for that failure, but any prosecution is a proceeding separate from the individual’s original offense. Whether other constitutional objections can be raised to a mandatory reporting requirement, and how those questions might be resolved, are concerns beyond the scope of this opinion. It suffices to say the registration requirements make a valid regulatory program effective and do not impose punitive restraints in violation of the Ex Post Facto Clause.

-- Connecticut Dep't of Public Safety -v- Doe Held: Connecticut has decided that the registry requirement shall be based on the fact of previous conviction, not the fact of current dangerousness. Indeed, the public registry explicitly states that officials have not determined that any registrant is currently dangerous. We therefore reverse the judgment of the Court of Appeals because due process does not require the opportunity to prove a fact that is not material to the State’s statutory scheme.

-- A review of the only two sex offender registration cases to reach the U.S. Supreme court in 2003 will show that, the laws then and the laws today are worlds apart, with today (AWA/SORNA) being far more insidious with unending collateral attachments, clearly making the laws further punishment. However, until a proper case can reach the court all registrants are being held captive by lawmakers and their political -sounds good- laws which erode the lives of registrants and their families.

-- As to court holding that registration laws are civil and regulatory, so far, only state registration laws have been so tested in courts. SORNA has not yet, been tested and declared civil and regulatory because only Ohio has PARTIALLY enacted SORNA. Remember, the SMART Office has only held that, Ohio is in substantial compliance. Substantial is not verbatim! Proof that Ohio has not enacted SORNA verbatim? Has anyone found the following in Ohio's enactment:

SORNA: SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE INTERNET.
(a) In General- Except as provided in this section, each jurisdiction shall make available on the Internet, in a manner that is readily accessible to all jurisdictions and to the public, all information about each sex offender in the registry. .....

(e) Correction of Errors- The site shall include instructions on how to seek correction of information that an individual contends is erroneous.

(f) Warning- The site shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported address. The warning shall note that any such action could result in civil or criminal penalties.


Note: This will be updated as new things are reported, uncovered, or new constructions revealed. Further, nothing omitted here should be construed to mean either: A) I believe it is true, or; B) That I believe it is untrue, it should only be construed that, I have not mentioned it or it hasn't been reported or thought of yet.

Finally, nothing here should be considered to be legal advice, only a lawyer can provide that, so see a local lawyer with your thoughts. Then pass on anything helpful to other folks and we will post it. The intent here is that this is a thought provoking educational piece of observations of many folks.


See Related:

Is the Adam Walsh Act entrapping registrants of state registries?

Part-2: Did Congress Intend to Entrap Registrants?

Have a great day & a better tomorrow,
eAdvocate

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December 8, 2008

Knowledge for a Revolution: From Fear to Truth

This is exactly what lawmakers have done to the sex offender population, the truth doesn't matter, repetitious political falsehoods do matter, according to them. They apply this theory to every sex offender registration collateral law to get it enacted.

12-8-2008 National:

(NaturalNews) The western world has purposely been misled, intimidated and hypnotized by fear from nearly all established institutions of civilization. The best way to wire an individual's brain for fear is to consistently state the exact same premise over and over again regardless of the veracity of such statements. As neuroscientists predict, individuals will unconsciously begin to believe such statements and the more often these ideas are reinforced, the stronger the hard wiring becomes.

We live in a semi-conscious state of terrorism where our minds have ostensibly been pre-programmed for fear. As history has consistently shown mankind, the best way to control a population is through the institutionalization of fear. Cancer, debt, disease, terrorism, sleeper cells, war, Al Qaeda, and death are just some of the key words promulgated throughout our daily lives, but how much of these are actually true threats deserving of our fear? Even better, how many of these fears are simply unfounded and misguided to keep us in an uncertain, apprehensive and controlled state of mind?

Transitioning from fear to truth marks an integral shift in the beginning of a revolution. Whether conscious or unconscious, this transformation marks the beginning of the inexorable zeitgeist where truth, knowledge and freedom become the founding principles of the new, emerging society. These changes will not occur overnight, but as western society begins to awaken to the inherent truth that fear is simply a technique to suppress the limitless potential of every human being, only then may we begin to become completely free. Releasing our fear as individuals allows us to take control of our destinies as well as facilitate in the transformation of the shifting revolution from the mindless greed of the majority to the love of the conscious minority. Overtime, this fearless and valiant minority will garner more and more support as the shift of knowledge swings from fear to truth until the minority precipitously becomes the majority. In order to supplant the rule of the incognizant majority, truthful knowledge must spread like wildfire across the earth.

We are free individuals by virtue of birth, yet much of our freedoms are lost through our inherent nature to conform to societal norms, from the unconscious, yet powerful and pervasive trends of socialization. We begin to look, act and model our lives around others. For it is fear of non-conforming that keeps the masses conforming. Presently, society is in the midst of an historical change, one where individuals will be defined by what they do for their fellow earthlings instead of what they physically possess. The facade of the material world is rightfully dissolving at an alarming rate only to make way for the emerging revolution of unending personal freedom, wellness, love, knowledge and truthfulness.

A revolution is an uprising of individuals who believe that enough of their rights have been suppressed, ignored and completely hijacked at the expense of those wanting to keep the status quo. When we break free of our fears, we are truly open to experience our true purpose: to live a passionate, happy and loving life. It is time we begin to take back our freedoms through knowledge and awareness because simply put, we are the ones we have been waiting for. As Thomas Jefferson once said, "Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day". ..News Source.. by Dr. Gregory Damato, Ph.D., citizen journalist

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