County may shut down sex offender task force

Ever wonder why Federal Taxes are so high? Read closely, a federal grant for a "SPECFIC PURPOSE," now look at what I have highlighted which has nothing to do with the grant, and shows how the grant money has been misused!

11-28-2010 Washington:

Spokane County sheriff’s Deputy Damon Simmons spends much of his time hunting for online sexual predators with the Spokane County Child Sexual Predator Task Force.

But Simmons’ time with the task force may be running out.

The task force, which focuses on finding new online offenders and managing known offenders, was created in 2008 with a nearly $500,000 grant from the U.S. Department of Justice. The money for his position runs out in a few weeks. Faced with budget cuts, it’s a position the department may not be able to keep.

The Sheriff’s Office is the lead agency in the task force, which includes the Spokane County prosecuting attorney, Spokane and Spokane Valley police departments, Washington State Department of Corrections, Partners with Families & Children and others.

The grant paid for Simmons’ training and salary for two years. It expired this October, but the Sheriff’s Office got an extension, which will allow use of funds left over from the first two years of operation to continue funding Simmons’ position until January.

The Sheriff’s Office was able to make the grant stretch because the U.S. Marshals Service chipped in some equipment and overtime pay, but when it runs out, Simmons’ position could be eliminated and he could be back on patrol.

“The position entails a lot, and there’s going to be a lot missing if that position goes away,” Simmons said.

The Sheriff’s Office is trying to figure out how to handle Simmons’ workload if he has to go back on patrol.

“It would be tough to do, and I know they’re addressing that question,” he said.

One possibility: Divvy the duties among patrol officers.

But, Simmons said, “It would be difficult with all the other tasks that patrol has.”

One of his responsibilities is face-to-face address verifications for level 1 sex offenders – he visits their addresses to make sure they really live where they say. The Sheriff’s Office has to check in with each level 1 offender – those considered least likely to become a repeat offender – once a year.

With more than 1,200 level 1 sex offenders in Spokane County, it’s a time-consuming task. But spending some time with each of the offenders and getting to know them helps law enforcement link those who become repeat offenders to new crimes more quickly, Simmons said.

In addition to funding his position, the grant paid for federal training and new technology for him and the task force.

“A lot of the training I received was paid for with the grant – and really good training,” Simmons said. “I’m talking state and federal training, some of the best training I have received as a law enforcement officer.”

In addition to tracking online predators, Simmons has helped catch nearly 40 fugitive offenders, completed about 800 address verifications and collected more than 100 DNA samples for the state which help law enforcement find repeat offenders more quickly.

Simmons also has an education role and has talked about the dangers of sexual predators – especially online predators – at places such as local schools.

“We’re doing more than just going after sex offenders,” said Esther Larsen, project director with the Sheriff’s Office, who applied for the grant.

Lt. Steve Barbieri is drafting a proposal to get more funding from the county’s general fund in a supplemental budget request to save Simmons’ task force position and potential cuts in other investigative units, Barbieri said.

He said keeping positions such as these is increasingly important as more sexual predators move online.

“The … task force is dealing with the predators who are preying on children through the Internet,” he said. “That’s one of the areas we don’t have time to work because it’s labor intensive, but it’s how sex offenders and predators are attempting to contact kids. It’s no longer meeting them in playgrounds, driving down the street to meet them. It’s on the Internet nowadays.” ..Source.. Chelsea Bannach The Spokesman-Review

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ONLINE EXCLUSIVE - Sex offenders want restrictions lifted; sheriffs not reacting yet to court's ruling

Interesting dilemma in Ohio, one which I'm sure registrants do not care about, they want off period, but Ohio is caught between its constitution and the Adam Walsh Act (SORNA). SORNA say, in spite of a State Sup court ruling it must still make efforts to comply with SORNA. So, how does Ohio accomplish that, so far, they are dragging their feet in hopes that someone will come up with an answer. Funny, while SORNA recognized this was possible, it didn't answer (spell out) how to resolve the problem. Apparently even Congress was scratching their heads during the writing of SORNA and everyone still is. As long as the "funding issue" is held over Ohio's head, this will never be solved.

6-15-2010 Ohio:

Saying they are free at last, some sex offenders are calling sheriff's offices and demanding that their pictures and addresses be removed from online listings.

But sheriffs are being told not to alter anything while lawyers and prosecutors work to determine the fallout from a recent Ohio Supreme Court decision.

The justices ruled that six tiers of sex offenders sentenced before Jan. 1, 2008, improperly were reclassified into three federally mandated tiers that have tougher reporting and registration requirements.

The court's mandate to Ohio's attorney general to reclassify the affected sex offenders means some offenders no longer will need to register or report to sheriff's offices.

For example, under the state's Megan's Law classifications, the lowest-level offenders sexually oriented and child-victim oriented were required to register their addresses annually for 10 years.

The adoption of the federal Adam Walsh Act guidelines beginning in 2008 then required many of those same sex criminals to report their addresses for 15 years and to report in-person to a sheriff's office once a year.

Now, thousands of Ohio's 26,000 sex offenders will be shifted back to the 10-year registration, meaning an undetermined number no longer will have to register and are to be removed from offender listings.

Officials say the worst offenders, those classified as sexual predators and child-victim predators, will be unaffected.

Under both Megan's Law and the Adam Walsh Act, those offenders are under lifetime registration requirements and are required to report in-person to a sheriff's office every 90 days.

Bob Cornwell, executive director of the Buckeye State Sheriffs' Association, has been fielding calls from sheriffs who say that some sex offenders are citing the court ruling and insisting they be freed from reporting requirements.

Cornwell has advised the sheriffs to do nothing until they hear from their county prosecutors. The attorney general's office has no estimate of when its reclassification work will be complete and offenders notified.

"I'd rather have the offender mad at the sheriff than the public," Cornwell said. ..Source.. Randy Ludlow

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Byrne Grant Funding and Funding Available for the Adam Walsh Act for 2009-2010

3-8-2010 National:

What follows are the bills passed by the 111th Congress which appropriated money for the Byrne Grant Fund. In total $2,775,000,000 for the years 2009-2010. How it is determined what portion goes for each state is unknown to me, but 2.775 billion has been made available through the following bills.

Further, a review of the following bills will also show that, there are funds available for use by the Adam Walsh Act. Now while Congress has not passed the SPECIFIC appropriations bill for the Adam Walsh Act (HR 1422) -which would fund it through 2014-, Congress has provided funding for it through other means.

One has to wonder why so many folks in Congress would allow the Adam Walsh Act (more specifically the SORNA portion) to continue when it has done nothing to PREVENT crime. TRACKING is not PREVENTION! Neither is manhandling of registrants through other failed ideas (Don't live here or there, don't go here or there, can't work here, or here, or here, tracking with GPS, restricting them on Halloween, excessive mandatory prison sentences, failing to give judges discretion with offenders, civil commitment with programs that have unrealistic goals (actually a pretext for perpetual incarceration), etc.)

Does anyone also wonder why Congress has ignored TREATMENT?

eAdvocate

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The American Reinvestment Act (HR 1):
Title II COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

OFFICE OF JUSTICE PROGRAMS: STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, 1,200,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Street Act of 1968 (‘‘1968 Act’’), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), to remain available until September 30, 2010.

Omnibus Appropriations Act, 2009 (HR 1105):

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); and other programs; $1,328,500,000, to remain available until expended as follows:

(1) $546,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act, (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), of which $5,000,000 is for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $7,000,000 is to reimburse State and local law enforcement for security and related costs, including overtime, associated with the extraordinary security required to protect the President-elect during the Presidential transition period; and $20,000,000 is to reimburse State and local governments for extraordinary costs associated with the 2009 Presidential Inauguration;

Consolidated Appropriations Act, 2010 (HR 3288):

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); the Second Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); and other programs; $1,534,768,000, to remain available until expended as follows—

(1) $519,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act, (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, as amended, shall not apply for purposes of this Act), of which $5,000,000 is for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, and $3,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process;

Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes (HR 2847):

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248); the Second Chance Act of 2007 (Public Law 110–199); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); and other programs; $1,159,000,000, to remain available until expended as follows:

(1) $510,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act, (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), of which $5,000,000 is for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new tech nologies for use by law enforcement, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including anti-terrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $10,000,000 is to support the Nationwide Pegasus Program in coordination with the National Sheriff’s Association, for rural and non-urban law enforcement databases and connectivity to enhance information sharing technology capacity, and $10,000,000 is for implementation of a student loan repayment assistance program pursuant to section 952 of Public Law 110–315;

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States May Be Able to Shield Juveniles from Registries

3-3-2010 National:

Ohio gained compliance with Walsh Act despite limited inclusion of young offenders

States may be able to shield most juvenile sex offenders from inclusion on a public registry and still achieve compliance with the federal Adam Walsh Act, based on the experience of Ohio, the only state thus far to be deemed Walsh compliant by the Justice Department.

Ohio used an inclusion standard for juvenile sex offenders that appears to be significantly narrower than the standards spelled out in guidelines produced by President George W. Bush’s Justice Department in July of 2008, yet the state’s plan was approved by the Obama Justice Department in the fall.

News of Ohio’s juvenile sex offender plan were circulated in an e-mail by the National Juvenile Justice Network Director Sarah Bryer last week.

The Sex Offender Registry Notification Act (SORNA) aspect of the Walsh Act has caused increasing angst on both sides of the federal-state coin. States face a financial penalty if they don’t comply with SORNA and the Justice Department faces embarrassment if only one of the 50 states can get in line with the act by the July deadline, which was pushed back from last summer.

Many juvenile advocates hate the SORNA requirements as written because they require states to put at least the most serious juvenile offenders on a publicly viewed list. The requirements also mandate that states can include whichever juvenile offenders they want in addition to the minimum requirements.

For any juvenile who is 14 or over, the SORNA regulations require states to register the youth if he has been adjudicated for sexual acts (oral, genital or anal) that involve aggravated sexual abuse.

Ohio originally submitted a plan in 2008 to the Bush Justice Department that subjected only youth afforded due process rights to the registry. That includes any juvenile who is tried and convicted in adult court, or any juvenile handled as a “serious youthful offender.” Ohio youths in that classification remain in juvenile court but are subject to a blended juvenile-adult sentence if found delinquent. Because an adult sentence is involved, they have to be indicted by a grand jury, and are entitled to a jury trial.

Ohio is one of approximately 15 states with a juvenile blended-sentencing statute, which enables judges to impose adult sanctions in juvenile court. States that do not allow blended sentences, should they use the same standards for juvenile inclusion as Ohio did, would expose only youths transferred into adult court to sex offender registries.

For all other juvenile sex offenders, said Ohio Public Defender spokeswoman Amy Borror, “kids in a juvenile court setting don’t go on the Internet.”

Certain youths handled in juvenile court – mostly those adjudicated for rape or sexual battery charges – would appear on a nonpublic registry viewed only by law enforcement agencies, Borror said.

Four days before Barack Obama was sworn in as president, a letter from Bush’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) informed Ohio Attorney General Nancy Rogers that the state’s plan was not in compliance in regard to juvenile sex offenders.

“Any juvenile adjudicated delinquent of an offense for which SORNA requires registration must be captured as a registered sex offender,” wrote SMART Office Director Laura Rogers. “Ohio’s system would only capture a portion of those juvenile for whom SORNA requires registration.”

But when a plan with the same proposals on juvenile sex offenders was submitted to Obama’s SMART Office, Director Linda Baldwin approved the Ohio plan in September.

The SMART Office decision seems to set a precedent that could significantly limit the number of juveniles exposed to state and national sex offender registries.

Some juvenile advocates monitoring the Walsh Act requirements do not believe any juvenile should be subjected to the public registries. While research on juvenile sex offender treatment is in short supply, there are indications that juvenile sex offenders are more amendable treatment and far less likely to recidivate than adults.

“SORNA as applied to youth is contrary to the core purposes, functions, and objectives of our nation’s juvenile justice systems,” said the Association for the Treatment of Sexual Abusers in a July 2007 letter, a year after Bush signed the Walsh Act. “It strips away the confidentiality and the overall rehabilitative emphasis that form the basis of effective intervention and treatment.” .

The original deadline for Walsh Act compliance was the summer of 2009, but Attorney General Eric Holder moved the deadline to July 2010. The Justice Department is also considering requests for another yearlong extension on a state-by-state basis. ..Source.. John Kelly

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Most states have not adopted sex offender rules (Adam Walsh Act)

What we have here is, lawmakers wanting the public to believe (by force feeding the public lies) that former sex offenders are dangerous to the community. Reality is, excepting for murderers sex offenders have the LOWEST recidivism rate, and that comes from the Department of Justice who Congress appropriated funds to do the study. Now that the study is done, Congress refuses to believe the findings and relies on SOUNDS GOOD mentality.

Oliver Twist once said "The law is an ass-a idiot," little did he realize he described precisely of what we know today as, The Adam Walsh Act. It is a law of entrapment, designed to micro-manage the lives of registrants to the point that they no longer can live a normal life, and it is applied retroactively, without a clause to stop lawmakers from once-again -in the future- of lengthening the term of registration, and further restrictions not yet thought of, if they feel like it.

12-1-2009 National:

ATLANTA — More than three years after Congress ordered stepped-up monitoring of sex offenders, only one state has adopted the government's strict new requirements, and some others are weighing whether to ignore the law and just pay a penalty.

Congress is force feeding the public with sounds-good baloney and trying to over-broadly micro-mange the lives of people who are abiding by the law. Congress is trying to GROW the size of law enforcement at the expense of those registered and their families.

So far, Ohio is the lone state to meet the new federal standards. Elsewhere, efforts have been hampered by high costs and legal challenges from the nation's 686,000 registered sex offenders. Advocates worry that the delays are putting public safety at risk.

"This means more of the same — that we're losing sex offenders when they cross state lines and disappear," said Erin Runnion, who lobbied for the law after her 5-year-old daughter, Samantha, was kidnapped and killed in 2002.

"It's incredibly frustrating. How many children do we have to lose to repeat sex offenders before we start taking these guys seriously?"

Nothing in the Adam Walsh Act could have prevented ANY HIGH-PROFILE crime -in the past- nor will it PREVENT any future sex crimes. It is built on an erroneous theory, that tracking former offenders will prevent future crimes, and as to recidivism, excepting for murder, former sex offenders have the LOWEST recidivism rate of ALL types of offenders, verified by the Dep't of Justice. If Congress granted billions and billions of dollars to it, it still would not change the erroneous theory it is built on nor would that prevent future sex crimes. The AWA eye is on the wrong person (former offenders rather than persons who have never before committed a sex offense).

The initial deadline for states to comply was in July. Then the deadline was extended to July 2010, although several states have signaled they may still be unable to meet it. States that do not adopt the mandates risk losing millions of dollars in federal grants.

The law was designed to keep closer tabs on sex offenders, including an estimated 100,000 who are not living where they are supposed to be. It would create a national sex offender registry and toughen penalties for those who fail to register.

The president of the National Center for Missing and Exploited Children said states need more money to adopt the law, and he called on Congress to help.

"We understand that there are challenges in becoming compliant, but the greatest challenge is that states are overwhelmed. And they're going to need resources to address this," Ernie Allen said.

Last year, a federal judge in Nevada declared the law unconstitutional because it would subject offenders to additional penalties after they have served their time. The Ohio Supreme Court heard similar arguments this month from more than 26,000 sex offenders who were convicted before the law was signed.

Critics have also complained that juvenile offenders would appear on registries in some states. And because the law requires offenders to register in person, it could unfairly burden people in rural areas who would have far to travel.

In addition to the legal challenges, states are also struggling with the cost, which could climb into the millions of dollars.

"We have states being very laid back, and states where legislators are pulling out their hair trying to comply," said Alisa Klein of the Association for the Treatment of Sexual Abusers. "And there's lots of states waiting for another state to bust a move and say, 'We're not going to comply.'"

In California, the state's Sex Offender Management Board estimated last year that adopting the requirements would cost at least $38 million.

Congress tried to encourage states to adopt the measure by threatening to take 10 percent of their federal crime-prevention grants if they do not comply. The grants have swelled with stimulus funding but typically range from several hundred thousand dollars to more than $1 million each year, depending on the size of the state.

California stands to lose a few millions dollars a year if it does not comply, state officials said.

"Obviously this funding loss pales in comparison with the cost of complying with the act," said Dana Simas, spokeswoman for the California Department of Justice.

So lawmakers are locked in a dilemma: They must spend millions of dollars to adopt the system or back off a program that is designed to protect the public from some of society's most dangerous criminals.

"There's a number of issues we're trying to work out," said Vermont state Sen. Richard Sears, who leads his state's Senate Judiciary Committee. "We're not necessarily against the law, but we'd like some money to go along with it to help us implement it."

Congressional leaders may support changes to the law. U.S. Sen. Patrick Leahy, a Vermont Democrat who chairs the Senate Judiciary Committee in Washington, says he has been working on ways to help states comply.

"This legislation makes vital progress toward keeping our children safe, but it only works if states can and do comply with it," Leahy said in a statement. "Rather than punish states that are actively trying to comply with this important federal law, we must work together to address obstacles facing state law enforcement agencies."

Advocacy groups say roughly two dozen states have submitted reports on their compliance for the Justice Department to review, although the government would not confirm that number.

Scott Matson, a senior policy adviser with the Justice Department office that monitors sex offenders, said he has seen a recent uptick in applications, although he did not say whether more states are getting close to compliance.

The Justice Department declared in September that Ohio had "substantially implemented" the law's requirements, leading to a fresh round of complaints. The state's public defender office said court appeals alone could cost $10 million.

Gary Reece is a 50-year-old convicted sex offender who is challenging Ohio's efforts to comply with the federal law.

Reece said he was previously allowed to register once a year and that his name would have been removed after 10 years without a serious conviction. The state's new measure, he said, would put his name on the registry for life and require him to register in person four times a year.

"It's a tremendous burden, no doubt about it," Reece said. "Every 90 days you have to take off work and go register — and if you miss once, you're going back to jail." ..Source.. GREG BLUESTEIN

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Just-us Department Announces Grants Under Second Chance Act Prisoner Reentry Initiative

There is no doubt that a proper spelling of "Justice" is "Just-us" because the Second Chance Act EXCLUDES any second chance for anyone listed in a sex offender registry. One day a court will have the guts to declare this topic in the Second Chance Act as discriminatory and unconstitutional!

10-7-2009 National:

National Adult and Juvenile Reentry Resource Center Created

WASHINGTON, Oct. 6 /PRNewswire-USNewswire/ -- The U.S. Department of Justice today announced more than $28 million in grant funding to states, local governments and non-profit organizations under the Second Chance Act Prisoner Reentry Initiative. Funding, awarded through five separate grant programs, will be used to support reentry programs that assist individuals' transition from prison back into the community through a variety of services such as mentoring, literacy classes, job training, education programs, substance abuse, rehabilitation and mental health programs for adult and juvenile offenders.

"This is another step toward the goal of reducing the nationwide recidivism rate and decreasing the billions of dollars spent annually on incarceration," said Mary Lou Leary, Acting Assistant Attorney General for OJP. "The Second Chance Act grants are designed to help strengthen communities characterized by large numbers of returning offenders, providing an evidence-based process that begins with initial incarceration and ends with successful community reintegration."

According to OJP's Bureau of Justice Statistics, there are currently over 1.5 million individuals serving time in federal and state prisons and another 786,000 incarcerated in local jails. About 725,000 are released from prison and millions of people cycle through local jails every year. Ninety-five percent of all prisoners incarcerated today will eventually be released and will return to communities. Second Chance Act grantees will provide transitional services such as creating pre-release mentoring relationships, housing, education, substance abuse treatment, mental health treatment, services to enhance family reunification, job training and readiness, and post-release case management.

OJP also announced the creation of a National Adult and Juvenile Offender Reentry Resource Center with a national partner, the Council of State Governments (CSG) Justice Center Through the Reentry Resource Center, OJP, the CSG Justice Center and many other national organizations will provide valuable training and technical assistance to states, localities and tribes to develop evidenced-based reentry programs, which will help reduce the recidivism rate, while still protecting the communities being served.

In Fiscal Year (FY) 2009, the OJP's Bureau of Justice Assistance and Office of Juvenile Justice and Delinquency Prevention solicited applications under five grant programs: Second Chance Act Mentoring Grants to Nonprofit Organizations; Second Chance Act Prisoner Reentry Initiative Demonstration Grants; Second Chance Act National Adult and Juvenile Offender Reentry Resource Center; Second Chance Act Youth Offender Reentry Initiative; and Second Chance Juvenile Mentoring Initiative. In FY 2010, the Administration requested $100 million for the new Second Chance Act Prisoner Reentry Initiative, an increase of $75 million over the FY 2009 Omnibus funding level. For a list of grant recipients, visit http://www.ojp.usdoj.gov/funding/09grantawards.htm.

The Office of Justice Programs, headed by Acting Assistant Attorney General Mary Lou Leary, provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist victims. OJP has five component bureaus: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime. Additionally, OJP has two program offices: the Community Capacity Development Office, which incorporates the Weed and Seed strategy, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). ..Source.. by DOJ

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DEPARTMENT OF JUSTICE ANNOUCES $11.8 MILLION TO HELP STATES AND TRIBAL GOVERNMENTS COMPLY WITH ADAM WALSH ACT

Unbelievable, look at the list of money being poured into a totally ineffective law: The Adam Walsh Act. This will go down in history as the biggest waste, and exceeding any stimulus and one could think of. Since these laws began BILLIONS and BILLIONS have been poured into these laws and nothing has come of it except, more law enforcement has jobs. With the money they have spent so far, they could have hired 2-3 people to monitor each former offender 24/7 and have had BILLIONS left over; fools run the law sbehind these grants!

9-29-2009 National:

WASHINGTON – The U.S. Department of Justice today announced more than $11.8 million in grants and assistance to state, local, and tribal governments to assist with developing or enhancing programs designed to implement the Sex Offender Registration and Notification Act (SORNA) provisions of the Adam Walsh Child Protection and Safety Act of 2006. These awards are made through the Adam Walsh Act Implementation Grant Program.

“Protecting our most vulnerable citizens from dangerous predators is an intrinsic duty,” said Jeffrey L. Sedgwick, Acting Assistant Attorney General for the Office of Justice Programs. “These grants will provide states, units of local government, and tribal communities with the resources they need to protect communities and fully implement the Adam Walsh Act.”

The grants are administered by the Justice Department’s Office of Justice Programs’ (OJP) Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). Funding will be used to develop or enhance sex offender registration programs; improve law enforcement and other justice agency information sharing as it relates to sex offender registration and notification; develop or enhance local absconder apprehension efforts; collect, store, and analyze sex offender biometric and DNA data for investigative purposes; and implement other efforts aimed at furthering the objectives of SORNA.

The Adam Walsh Act was signed into law by President George W. Bush on July 27, 2006 and is designed to protect children and vulnerable adults from sexual exploitation and violent crime. The Act also aims to prevent child abuse and child pornography, promote Internet safety, and honor the memory of Adam Walsh and other crime victims. SORNA, Title I of the Adam Walsh Act, was enacted to protect the public from convicted sex offenders and offenders against children by establishing a comprehensive national system for the registration of those offenders.

To further the Justice Department’s efforts to assist state, local and tribal governments with the implementation of SORNA, the SMART Office will host its annual Symposium on Sex Offender Management and Accountability on July 30—August 1, 2008 in Baltimore. The 2008 Symposium will address a wide variety of topics relating to Sex Offender management and the implementation of the Adam Walsh Act. In addition, the Symposium will include specialized tracks focusing on policy, enforcement, emerging issues and Indian country issues.

The Office of Justice Programs, headed by Acting Assistant Attorney General Jeffrey L. Sedgwick, provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist victims. OJP has five component bureaus: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime. Additionally, OJP has two program offices: the Community Capacity Development Office, which incorporates the Weed and Seed strategy, and the Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Office (SMART). More information can be found at http://www.ojp.gov.

Grant Recipients

ALABAMA DEPARTMENT OF PUBLIC SAFETY, AL	$300,000
THE HOPI TRIBE, AZ	$178,216
ARKANSAS DEPARTMENT OF CORRECTIONS, AR	$231,500
SAN MATEO COUNTY SHERIFFS OFFICE, CA	$98,795
OAKLAND POLICE DEPARTMENT, CA	$204,500
DENVER POLICE DEPARTMENT, CO	$216,008
CITY OF COLORADO SPRINGS, CO	$251,793
DELAWARE CRIMINAL JUSTICE COUNCIL, DE	$119,732
MIAMI POLICE DEPARTMENT, FL	$70,879
PINELLAS COUNTY, FL	$256,452
ORANGE COUNTY SHERIFFS OFFICE, FL	$254,509
PALM BEACH COUNTY SHERIFF OFFICE, FL	$300,000
FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FL	$133,126
CHEROKEE COUNTY, GA	$120,074
GWINNETT COUNTY, GA	$157,920
HAWAII CRIMINAL JUSTICE DATA CENTER, HI	$300,000
ILLINOIS ATTORNEY GENERALS OFFICE, IL	$65,058
INDIANA DEPARTMENT OF CORRECTIONS, IN	$300,000
IOWA DEPARTMENT OF PUBLIC SAFETY, IA	$269,450
KANSAS BUREAU OF INVESTIGATION, KS	$59,725
SALINE COUNTY SHERIFFS DEPARTMENT, KS	$37,060
KENTUCKY STATE POLICE, KY	$231,609
NEW ORLEANS POLICE DEPARTMENT, LA	$150,000
TERREBONE PARISH, LA	$91,474
MAINE DEPARTMENT OF PUBLIC SAFETY, ME	$63,000
MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES, MD	$299,970
CITY OF BALTIMORE, MD	$140,236
NEW BEDFORD POLICE DEPARTMENT, MA	$63,689
MICHIGAN STATE POLICE, MI	$220,000
GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS, MI	$41,134
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, MI	$296,753
MINNESOTA BUREAU OF CRIMINAL APPREHENSION, MN	$207,273
JACKSON COUNTY SHERIFFS DEPARTMENT, MS	$9,000
MISSOURI STATE HIGHWAY PATROL, MO	$116,338
BUCHANAN COUNTY, MO	$91,676
NEBRASKA STATE PATROL, NE	$280,248
HENDERSON CITY, NV	$132,994
NEVADA DEPARTMENT OF PUBLIC SAFETY, NV	$300,000
WASHOE TRIBE OF NEVADA AND CALIFORNIA	$77,249
NEWARK POLICE DEPARTMENT, NJ	$53,075
NEW JERSEY DEPARTMENT OF LAW & PUBLIC SAFETY, NJ	$165,963
BERNALILLO COUNTY SHERIFFS DEPT, NM	$135,330
SANTO DOMINGO TRIBE, NM	$105,067
PUEBLO OF TAOS, NM	$108,232
SUFFOLK COUNTY, NY	$300,000
UTICA CITY, NY	$281,981
ONONDAGA COUNTY SHERIFF, NY	$14,717
PITT COUNTY, NC	$23,205
NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, NC	$239,904
NORTH DAKOTA OFFICE OF THE ATTORNEY GENERAL, ND	$300,000
STANDING ROCK SIOUX TRIBE, ND	$75,000
MANSFIELD POLICE DEPARTMENT, OH	$74,153
APACHE TRIBE OF OKLAHOMA, OK	$40,000
UNITED KEETOOWAH BAND OF CHEROKEE, OK	$32,769
CHEROKEE NATION, OK	$134,375
CITY OF PORTLAND, OR	$299,067
CONFEDERATED TRIBES OF WARM SPRINGS, OR	$300,000
PENNSYLVANIA STATE POLICE, PA	$300,000
SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SC	$299,859
ANDERSON COUNTY, SC	$22,013
SOUTH DAKOTA OFFICE OF THE ATTORNEY GENERAL, SD	$31,331
CITY OF AUSTIN, TX	$297,000
TEXAS DEPT OF CRIMINAL JUSTICE, TX	$187,500
CITY OF HOUSTON, TX	$297,490
UTAH DEPARTMENT OF CORRECTIONS, UT	$300,000
VIRGINIA DEPARTMENT OF STATE POLICE, VA	$38,155
NOOKSACK INDIAN TRIBE, WA	$140,000
SUQUAMISH TRIBE, WA	$8,550
SHOALWATER BAY INDIAN TRIBE, WA	$23,750
CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, WA	$104,959
WISCONSIN DEPT OF CORRECTIONS, WI	$204,780
MENOMINEE INDIAN TRIBE OF WISCONSIN, WI	$124,805

..Source..

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Allocations For 2009 Byrne Justice Assistance Grants Announced

5-27-2009 National:

WASHINGTON, May 26 /PRNewswire-USNewswire/ -- The U.S. Department of Justice today announced Fiscal Year (FY) 2009 allocations for state and local law enforcement assistance available through the 2009 Omnibus. Funding will be provided through the Edward Byrne Justice Assistance Grant (JAG) Program which is administered by the Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA). JAG allocation amounts for states, territories, and units of local government can be viewed HERE.


The FY 2009 Omnibus Appropriations Act includes more than $2 billion to assist state, local and tribal law enforcement and for other criminal justice activities that prevent and control crime and improve the criminal justice system in the United States. Specifically, $546 million was appropriated for the JAG Program and is in addition to the funding provided by the Recovery Act. Solicitations for applications may be found at: HERE -and- HERE Deadline for states to apply is June 25, 2009 and the local application deadline is July 9, 2009.

The JAG Program supports a variety of efforts such as multijurisdictional drug and gang task forces; equipment needs; crime prevention and domestic violence programs; and courts, corrections, treatment, and justice information sharing initiatives. The procedure for allocating JAG grants is based on a formula of population and crime statistics, in combination with a minimum allocation to ensure that each state and territory receives an appropriate share of funding. Sixty percent of the allocation is awarded directly to a state and 40 percent is set aside for local governments. Funding will be used by states and more than 5,000 local communities to enhance their ability to protect communities and combat crime.

The Office of Justice Programs, headed by Acting Assistant Attorney General Laurie O. Robinson, provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist victims. OJP has five component bureaus: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime. Additionally, OJP has two program offices: the Community Capacity Development Office, which incorporates the Weed and Seed strategy, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). More information can be found at http://www.ojp.gov. ..News Source.. by DOJ

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NJ- NEW JERSEY ONE OF 20 STATES TO RECEIVE JUSTICE ASSISTANCE GRANT (JAG) FUNDING

4-3-2009 New Jersey:

TRENTON – Governor Jon S. Corzine announced today that the Department of Law and Public Safety will receive $29.7 million in Justice Assistance Grant (JAG) funding to support New Jersey’s Safe Streets and Neighborhoods program. The grants are part of $424.8 million in American Recovery and Reinvestment Act (ARRA) funding announced by the US Justice Department.”Building safer communities has been a top priority of this administration,” said Governor Corzine. “I’m pleased that these funds will help further our crime fighting efforts throughout the state.”New Jersey’s Safe Streets and Neighborhoods program is part of Governor Corzine’s overall plan to combat crime and create safer communities throughout the Garden State.

“These federal funds will provide significant support to important law enforcement initiatives aimed at reducing violent crime as well as support victim services,” Attorney General Anne Milgram said. “In addition, we intend to use part of the money to support and expand community-based programs that are aimed at encouraging at-risk youth to build productive lives rather than turn to gangs and a life of crime, and support ex-offenders re-entry into their communities to reduce recidivism.”

The Justice Assistance Grant (JAG) Program funds are part of more than $4 billion in Justice Department Recovery Act funds available to assist state, local and tribal law enforcement that help to prevent crime and improve the criminal justice system in the United States while supporting the creation of jobs and much needed resources for states and local communities. ..News Source.. by Governor's Press Release

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FACT SHEET: Investing in Public Safety

4-15-2009 National:

Today (March 6, 2009) President Barack Obama announced that Attorney General Eric Holder and the Department of Justice are making available $2 billion Recovery Act 2009 funding allocations for state and local law enforcement and criminal justice assistance, available through the Edward Byrne Justice Assistance Grant (JAG) Program.

This funding will be used to help communities keep their neighborhoods safer with more cops, prosecutors, and probation officers; more radios and equipment; more help for crime victims and more crime prevention programs for youth.

JAG Program funds can be used for a variety of efforts such as hiring law enforcement officers; supporting drug and gang task forces; funding crime prevention and domestic violence programs; and supporting courts, corrections, treatment, and justice information sharing initiatives.

The procedure for allocating JAG grants is based on a formula of population and violent crime statistics, in combination with a minimum allocation to ensure that each state and territory receives an appropriate share of funding.

(eAdvocate Post)

60 % of the allocation is awarded directly to a state and 40% is set aside for units of local government.

Funding will be used by states and more than 5,000 local communities to enhance their ability to protect communities and combat crime.

The Recovery Act includes more than $4 billion overall to assist state, local and tribal law enforcement and for other criminal justice activities that help to prevent crime and improve the criminal justice system in the United States while supporting the creation of jobs and much needed resources for states and local communities.

To see the breakdown of JAG allocations for states, territories, and units of local government, visit http://www.recovery.gov/.

Because of these funds, 25 police recruits in Columbus, Ohio are graduating today, after they learned in January that instead of being sworn-in as officers they would be let go. Columbus Mayor Michael Coleman announced last week that he would use money from the American Recovery and Reinvestment Act to pay the recruits’ salaries so they could keep their jobs.

Here are other examples of how the money will be used:


Map of the United States showing local cities receiving 2009 JAG grant funds

White House Press Release regarding various uses of the 2009 JAG Grants funds

USDOJ, Bureau of Justice Assistance 2009 JAG grant application package

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NJ- Feds push states to get tougher with sex offender controls

4-7-2009 New Jersey:

License plate numbers, regularly updated photos and workplace addresses of convicted sex offenders will soon be available online as part of a federal initiative to revamp sex offender laws.

The U.S. Department of Justice is pushing states, including New Jersey, to change their laws to comply with guidelines under the federal Sex Offender Registration and Notifica-tion Act, or SORNA, or lose full eligibility for a grant program that covered nearly $4 million of statewide law enforcement costs during 2008.

The federal initiative aims to close loopholes in Megan's Law and is intended as a baseline, so states can choose to adopt stricter guidelines, according to the Department of Justice Web site.

Megan's Law was created in New Jersey after Megan Kanka, a 7-year-old girl from Hamilton Township, Mercer County, was raped and killed in 1994 by her neighbor, a twice-convicted sex offender. It soon was adopted by other states. The law establishes a tier system based on re-offense risk and a tier-based notification process. The law also requires authorities to publish information on certain offenders in a public, searchable Internet database.

(Posted by eAdvocate)

The initiative would change the online component of Megan's Law, including notification and registration of sex offenders. The federal government will provide updated software and fully funded training to enable a new online registry, which will publish more information than is available now under Megan's Law about sex offenders in New Jersey, such as work and school addresses and vehicle license plates and descriptions. The guidelines also require Internet registration for sex offenders convicted of less severe crimes than it does now.

After reviewing the federal guidelines, Atlantic County Prosecutor Ted Housel said Tuesday his office would change its policies according to what state and federal legislators dictate, but expects New Jersey lawmakers to also maintain nondigital notification procedures.

"We do it now pretty effectively, so I see no reason to (change) it, especially because not everyone has (Internet access)," Housel said.

Like other county prosecutors in New Jersey, Housel and his office handle community notification. Whom they notify depends on an offender's tier. Only local law enforcement gets word of Tier I offenders, the least likely to re-offend, while Tier III offenders, who pose the highest recidivism risk, prompt notification to police, schools, neighbors and community groups likely to encounter the offender. Law enforcement officials often send hard-copy notices or go door-to-door for notification warranted for Tier II and III offenders.

New Jersey could opt to continue doing so, despite SORNA not requiring it.

When asked whether the expanded information database could pose a threat to sex offenders themselves, Housel said he has no control over federal mandates and potential abuses of the system. But he said his office would prosecute anything criminal, which now includes cyberstalking.

Housel and his 20 counterparts throughout the state will have at least 15 months to contemplate SORNA and its effect on Megan's Law in New Jersey.

The Department of Justice initially told states the changes had to be made by July, but have since allowed them to apply for extensions until 2010 and, next year, 2011. As of Tuesday, the department agreed to give New Jersey and 22 other states more time, according to the department's Web site.

Peter Aseltine, spokesman for the state Attorney General's Office, declined comment on the pending changes because the office is in the process of determining what needs to happen to implement them. ..News Source.. by EMILY PREVITI Staff Writer

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Byrne Justice Assistance Formula Grants - Adam Walsh Act

1-16-2009 Washington DC:

House Stimulus Bill Would Give $4Billion To Law Enforcement

"The economic stimulus bill being considered by Congress would provide $4 billion to support state and local law enforcement, including $3 billion for the Byrne Justice Assistance formula grants to support law enforcement equipment and operating costs, and $1 billion for the COPS hiring grant program to hire about 13,000 new police officers for three years, says House Appropriations Committee Chairman Dave Obey (D-WI) in announcing the House version of the bill today."

"The grantee is responsible for at least 25% in matching funds and must commit to use their own funds to keep the officer on board in the fourth year. It was not immediately clear whether the House bill would provide funds for criminal justice programs other than strictly law enforcement. New York Police Commissioner Raymond Kelly told the New York Daily News he would welcome the 900 extra cops that could come from the stimulus package. New York had 40,800 officers in 2001, but fell to 35,950 by the end of last year. The department may face more budget cuts amid the city's fiscal crisis. Criminal justice advocates have complained about major cuts by Congress in late 2007 from the Byrne JAG program, which supports other anticrime projects in states and localities. The annual appropriation was reduced from $520 million to $170 million." ..News Source..


Remember this

See also "Today's News"

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WI- Wisconsin gets grant to enhance sex offender registry

It never ceases to amaze me how public officials drool over getting money, especially to update a glorified phone book. FREE Google blogs could be used as registries and save taxpayers tons of money, but to do so would put many state workers out of a job. Further, there is no proof that any registry reduces crime or recidivism, but there is proof that it provides a false sense of security.

4-29-2008 Wisconsin:

Madison -- Wisconsin has received a federal grant to make further improvements to its sex offender registry, state Department of Corrections Secretary Rick Raemisch said today.

The state will get a one-year grant of $204,780 to be able to make faster updates to the Web site and expand a system for verifying address information. It will also allow the state to work with the University of Wisconsin-Platteville's criminal justice program to evaluate the state's existing operations in the context of new federal laws on sex offender registries.

"Wisconsin is leading the nation in strategies to tighten the net around sex offenders and prevent them from becoming anonymous in our communities," Raemisch said in a statement. "But keeping our kids safe is a never-ending job."

Read the full statement in the attachment here. ..more.. by Stacy Forster

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House vote rejects cuts to law enforcement grants

3-14-2008 Washington D.C.:

Washington, D.C. - The budget approved by the U.S. House on a 212-207 vote Thursday rejected proposed administration cuts to law enforcement grants as well as changes in the program, said Rep. Dave Loebsack, a Mount Vernon Democrat.

Loebsack said the budget would provide full funding for the Edward Byrne Memorial Justice Assistance Grant program. In Iowa, the grant money is used for drug investigations, and Iowa law enforcement officials have been vocally unhappy in recent weeks about cutbacks.

House Budget Committee Chairman John Spratt, D-S.C., said in a statement that Loebsack's testimony to the committee asking for more money for the grants "played a valuable role" in the committee's decision. The grants are important to local law enforcement officials as they fight drugs, Spratt said.

Full funding would mean the program would receive about $1 billion during the upcoming budget year, about the same as it received in 2005, congressional aides said. However, the budget is a blueprint and actual spending levels have yet to be determined.

President Bush's proposal eliminated all direct grants for the program and replaced them with $200 million in competitive grants, which would have pitted law enforcement agencies against each other and left Iowa $1.6 million short compared to previous allocations, aides said. The program has faced repeated cuts during the past five years.

The Byrne program is named for a rookie New York City police officer killed by drug dealers in 1998. ..more.. by Reporter Jane Norman can be reached at (202) 906-8137 or at jnorman@dmreg.com

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Plainfield touts police command vehicle

1-26-2008 New Jersey:

PLAINFIELD -- City police, firefighters and politicians Friday publicly unveiled the Police Division's new high-tech Mobile Command Center, a Winnebago-style contraption replete with LCD televisions, a rotating surveillance camera and a deluxe stainless-steel electric toilet that incinerates waste with the push of a button.

In all of its flashing and whirring glory, the 21,200-pound vehicle idled in front of City Hall as a generator powered its multiple telephones, computers and high-powered lights, as well as a TV/VCR/DVD system and retractable awning.

A 40-inch monitor with a SMART Board overlay -- a touch-sensitive white board of sorts -- sits in a conference room in the rear of the 33-foot vehicle. The interactive screen is connected to a laptop computer, allowing authorities to save and transport their work.

Take a few steps toward the middle of the command center to find three workstations with laptops, flat-screen monitors and telephones sitting next to one another on an adjustable section of the vehicle that broadens its 10-foot width by another two feet when expanded. Behind the passenger seat, or supervisor's chair, lies a control panel that can manipulate, among other gadgets, the surveillance camera that towers above the rear of the wagon that is 12 feet, 6 inches high.

Officials touted the vehicle's features Friday morning as they held a ribbon-cutting ceremony and invited onlookers inside for a brief tour. The rolling command center arrived in Plainfield on Jan. 10 from the Columbus, Ohio, home of its manufacturer, Farber Specialty Vehicles.

Police Capt. Siddeeq El-Amin, credited with shepherding the city's pursuit of the $225,000 vehicle, said he began exploring the possibility of securing a mobile command center after the city received $75,000 through the federal Edward Byrne Memorial Justice Grant. Once Mayor Sharon Robinson-Briggs took office in 2006 and voiced her support, El-Amin said, the city received another grant through the same federal program, this one worth $40,000.

Add more than $100,000 of additional funding from Union County's asset forfeiture fund, and the shiny white vehicle came to Plainfield without taking a dime from city coffers, officials said.

El-Amin said the command center could be dispatched in the event of a riot, hostage situation, severe weather or multiple-alarm fire. The vehicle, which bears the seals of the city's Police Division, Fire Division and Office of Emergency Management, will be available to all of the city's first responders, authorities said.

As the police chiefs of North Plainfield and South Plainfield looked on, city officials said during Friday's ceremony that the command center also will respond to emergencies in neighboring towns. In addition, El-Amin said, authorities plan to use the vehicle as a community outreach tool during local events.

"This is a magnificent new addition to our public safety fleet," Robinson-Briggs said. "It's an additional, proactive step to deter drug, crime and gang activity in the city of Plainfield." ..more.. by Brandon Lausch can be reached at (908) 707-3175 or blausch@c-n.com.

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AG Miller: Attorney general’s criminal law proposals for 2008

Miller has called for stronger tools to stop Internet predators of children; more resources for drug treatment, enforcement and prevention; better laws to prevent domestic violence injury and homicides; and other measures.

2-11-2008 Iowa:

Des Moines. Attorney General Tom Miller has proposed nine criminal law legislative priorities that are under consideration by the Iowa Legislature. Many of the proposals have been working their way through the 2008 General Assembly.

“We have asked for measures including proposals to prevent and punish sex offenses against children,” Miller said, “and to prevent domestic violence injuries and murders.”

Another proposal is aimed at helping block the sale of guns to persons who have been involuntarily committed to a mental institution. “We never will prevent all disastrous murders such as we saw at Virginia Tech and the Omaha Von Maur store,” Miller said, “but this would be a step in the right direction.”

Miller also asked the Legislature to prohibit the possession of firearms by persons convicted of domestic abuse assault or persons who are subject to a domestic abuse no-contact order. For the last decade, about a dozen Iowans have been killed each year in domestic violence homicides – mostly by guns. The change would make Iowa law consistent with federal law.

Miller again appealed to the Legislature to strengthen drug treatment as a key means to reduce crime. “There is a very clear linkage between drugs and crime, and we can reduce crime if we provide more drug treatment.”

Miller’s proposal would increase funding for community substance abuse treatment by $7 million, expand funding for drug courts by $3 million, and fund effective after-school programs with $5 million. Miller also urged the Legislature to replace $2.7 million in expected losses of Federal funding for Iowa Drug Task Forces.

Summary of the Attorney General’s 2008 Criminal Law Legislative Proposals

Fund Drug Treatment to Reduce Crime:

1. Increase state funding in several key areas to deal with the problem of drug-related crime in Iowa, focusing particularly on increased funding for drug treatment and prevention.

(a) Expand Treatment ($7 Million). The Attorney General proposes an increase of $7 million to provide increased funding for community substance abuse treatment services. Increasing the money available for substance abuse treatment will reduce crime and make Iowans safer, because most crime is associated with drugs, and drug treatment is effective in reducing drug use.

(b) Expand Drug Courts ($3 Million). Drug court programs specially tailored to the specific needs of families, juveniles and adults in local communities have shown success in Iowa. Because these programs are proving their effectiveness, the state should ensure their continuation and expansion. The Attorney General proposes an increase of $3 million for this purpose.

(c) Fund After-School Prevention Programs ($5 million). Studies show that children are most at risk during unsupervised after-school hours. For example, in a study of American teens, the YMCA found that youth who are unsupervised after school are three times more likely to use drugs than their peers who are supervised. The Attorney General supports a proposal by the Iowa Afterschool Alliance for an increased appropriation of $5 million to fund the demonstrated need for effective after-school programs in Iowa.

Prevent and Punish Sex Offenses Especially Against Children:

2. Prosecute Internet predators for enticement.

Amend the “enticing” statute to facilitate prosecution of Internet predators who attempt to seduce children, but who do not know that they actually are communicating with investigators posing as children. Legislation is needed following the recent Hansen decision, which limited the use of this enforcement method.

===============================================
eAdvocate citing from the Hansen case: Apparently, the Hansen case looked at the TWO state statutes, one for enticing away and one for attempted enticing away. The court said:

On appeal, Hansen emphasizes the distinction between the substantive crime of enticing away a minor, as provided in section 710.10(2), and the crime attempted enticement, as provided in section 710.10(3). Given this distinction, Hansen alleges that the facts, which are largely undisputed, amount only to attempted enticement because no one was actually enticed away. More particularly, he urges:

absent a specific victim, either a minor under the age of sixteen or a person who defendant reasonably believed to be a minor under the age of sixteen, who, in fact, was enticed away by defendant’s conduct, there can not be a completed offense. If no one was enticed away . . . the offense was not completed, only attempted.

We lay the text of those two provisions out in full. Iowa Code section 710.10(2) provides that:

A person commits a class "D" felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices away a minor under the age of sixteen, or entices away a person reasonably believed to be under the age of sixteen.

Iowa Code section 710.10(3) provides that:

A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice away a minor under the age of sixteen, or attempts to entice away a person reasonably believed to be under the age of sixteen.

(Emphasis added)

It is significant that the only difference between the two statutes is two words. Based on the language used in the statutes, the apparent intent of the legislature, and case law from our supreme court defining the parameters of the term entice, we agree, and conclude substantial evidence does not support Hansen’s conviction for enticing away a minor.
===============================================


3. Allow multiple charges for child pornography.

Amend the “sexual exploitation of minors” statute to allow multiple criminal charges against persons who possess multiple images of child pornography. The recent Muhlenbruck decision limited prosecution to a single charge when multiple child pornography files are found on a single computer. (This proposal now is an amendment to a bill sponsored by Rep. Deborah Berry.)

4. Prohibit sexual abuse by deception.

Amend the definition of “sexual abuse by deception” to include “deception as to the sexual nature of the act.” There have been several cases in which naive victims, typically minors, were persuaded to submit to fondling or other sexual contact by adults who claimed to be conducting “health examinations” or who used some other ruse. Such cases were successfully prosecuted before the recent Bolsinger decision, but now legislation is needed in the wake of that decision.

Prevent Domestic Violence Injury and Homicide:

5. Domestic violence offenders and possession firearms: Prohibit persons from possessing a firearm who (1) have been convicted of a domestic abuse assault, or (2) are the subject of a current pending domestic abuse no-contact order.

The measure would promote public safety and prevent death and injury in domestic violence cases. Federal law prohibits possession of firearms by persons who have either been convicted of domestic abuse or ordered to avoid contact with a domestic abuse victim (following notice and a hearing.) However, a state law is needed to enable state and local authorities, who must deal with the vast majority of domestic violence cases, to enforce this prohibition. More than twenty states already have passed legislation mirroring provisions of the federal law. The bill passed the Senate last year in the first session of this General Assembly.

6. Define strangulation as a form of felonious assault.

After use of a gun, strangulation is the most common lethal method of domestic assault. Strangulation is common in domestic violence cases, and it has been identified as a prime indicator of the likelihood of murder. Ten percent of violent deaths each year are due to strangulation, and female victim outnumber male victims by 6 to 1.

But strangulation rarely can be prosecuted successfully at the felony level, unless death or a broken neck results. Defining assault by strangulation as a form of felonious assault and Class “C” felony would help, as has been done already in six other states. Strangulation would be defined as knowingly impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck. This measure would strengthen domestic violence protection for victims by taking domestic abuse perpetrators out of the home before the situation escalates to murder.

Prevent Sale of Guns to Certain Persons:

7. This measure would help prohibit sale of guns to a person who has been involuntarily committed to a mental institution.

Federal law prohibits issuing permits to persons who have been involuntarily committed to a mental institution. The FBI maintains a list of persons of that status, and sellers of guns are required to check the federal data bank and refuse sales to persons on the list. However, following the Virginia Tech mass murders, examination of compliance showed that most states, including Iowa, do not send the FBI more than a small fraction of the names of those who should be disqualified from obtaining permits to possess a firearm. Legislation could help correct this, while preserving an efficient check system and still protecting the general confidentiality of mental health records. This measure would not prevent all disastrous murders, such as at Virginia Tech and the Omaha Von Maur store, for example, but it would be a step in the right direction.

Prevent and Prosecute Financial abuse of Older Iowans:

8. Create an Older-Iowan Financial Fraud Prosecution Unit in the Attorney General’s Office.

In a state with a large and growing elderly population, surprisingly few law enforcement resources are devoted to protecting a group that is specifically targeted for fraud -- and is vulnerable to fraud. The Attorney General’s Area Prosecutions Division has been successful in prosecuting several major cases in this category, but could do much more with a two-person team specializing in this area. The proposal would provide funding for an experienced prosecuting attorney, an experienced investigator, and related costs, at an appropriation of $230,000.

Replace Lost Federal Funds for Iowa’s Drug Task Forces:

9. Replace an expected $2.7 million loss in Federal Funds that have been used for statewide drug law enforcement efforts by Iowa’s Drug Task Forces.

For State Fiscal Year 2009, the federal government is anticipated to cut the Byrne Justice Assistance Grant funding for the Governor’s Office of Drug Control Policy (ODCP), which is directed by Iowa statute to coordinate and monitor statewide drug enforcement efforts and substance-abuse prevention and treatment programs. Local Drug Task Forces under the ODCP framework have been instrumental in law enforcement efforts against drugs, and it is important to find state funds to replace the lost federal funds.

About $1 million of the cuts will affect local direct grants, and the other $2 million in cuts will affect state-coordinated grants via the Governor’s Office of Drug Control Policy (ODCP) to drug task forces, community drug and crime prevention initiatives, and offender treatment programs. The impact of cuts to Byrne Justice Assistance Grant funding administered by ODCP will be the elimination of grants for 15 drug control programs across the state and 39 personnel working in those programs.

Byrne-JAG-supported drug task forces currently serve about three-quarters of the State of Iowa, providing communities with front-line protection against methamphetamine and other drugs. As it stands now, the anticipated federal cuts will severely harm the level of effort and scope of service of Iowa drug task forces. In SFY 2007, Byrne-JAG-supported Iowa drug task forces seized illegal and diverted drugs valued at more than $31 million dollars and netted over 2,000 criminal convictions. ..more.. by IowaPolitics.com

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Police fear effect of fed grant cuts

$600K grant pays for special program, patrol
2-4-2008 Florida:

Brevard County law enforcement agencies use nearly $600,000 from a federal grant to purchase new equipment, pay overtime for special patrols and fund a transport program that keeps officers patrolling neighborhoods.

But local authorities likely will see only a fraction of that money next year after funding was slashed for the often-used federal grant.

The Edward Byrne Memorial Justice Assistance Grant program received about $168 million in the federal budget for fiscal year 2008 approved in late December -- only about one-third of the $519 million allocated in fiscal year 2007.

"It's almost unprecedented," said David Steingraber, president of the National Criminal Justice Association, a group supporting increased funding for the grant.

"You can't cut a program by two-thirds and expect it to continue at the same level."

Six agencies in Brevard County received $317,214 in Byrne JAG funding for fiscal year 2007 directly from the Department of Justice.

Dollars for fiscal year 2008's grant have not yet been awarded, so it's not clear how much agencies might receive.

Brevard County Sheriff's Office also received $262,901 from the $18.1 million allocated to Florida Department of Law Enforcement.

That money, plus $114,345 from the Department of Justice, funds vans that transport those arrested from police departments and sheriff's precincts to the county jail in Sharpes, sheriff's office budget manager Greg Pelham said.

The program, which is open to all local police departments, is designed to keep officers and deputies patrolling neighborhoods instead of driving to and from the jail, he said. That saves almost two hours for an officer or deputy coming from the southern end of the county.

To cope with the anticipated funding cut, Pelham said cities might be asked to pick up the tab or program officials could seek more money from the county.

With the passage of the property tax amendment making financial situations even tighter, "those two items are very unlikely," he said.

What's more likely to happen is a reduction in personnel and in operating hours for the program.

For other local agencies, the dollars pay for new equipment or fund additional patrols targeting anything from traffic to mid- and upper-level drug dealers.

Titusville police use the $36,130 to fund overtime for traffic enforcement as well as its career criminal and sex offender follow-up program, where officers make stops at offenders' homes to ensure they are living where they are registered and are following curfews.

"With the budget and tax reforms, it's been a lifesaver to get these initiatives done," Titusville Police Department administrative manager JoAnn Couey said.

With fewer dollars, the department will likely try to refine the programs to do the same work with less funding, she said.

In recent years, Palm Bay Police has used Byrne JAG money to purchase equipment such as Tasers, digital cameras and computers, the department's executive assistant Lynne Nungessern said. It also paid to equip a meeting room with the technology needed for its Coordinated Plan Response, a program that sends officers to patrol areas of the city based on crime statistics.

Its most recent grant of $51,118 was split between purchasing automated ticket writers and funding undercover operations combating drug sales.

Byrne JAG allows the department to keep up with ever-changing technology, Nungesser said. Fewer grant dollars means it may take longer to add new technology.

"It certainly has impact on the rate with which we improve our technology and safety equipment," she said.

While the grant accounts for less than 2 percent of the amount states and local governments spend on law enforcement, the money allows departments to fund new programs that prove to be invaluable, Steingraber said.

"It's the one place people can turn to try something new," he said.

For example, FDLE used Byrne JAG funding as seed money for Florida's Computer Crime Center, which targets everything from child solicitations and child pornography to fraud, banking scams and computer hacking. Lawmakers continued the funding after it became an established resource, FDLE director of external affairs Heather Smith said.

But FDLE is anticipating a
67 percent drop in its grant, which funds nearly 200 major programs in the state.

The agency will have to look for other possible grant sources, find creative solutions to provide the same services with less money or run them at lower levels.

"It's going to impair some of the public safety programs that are in place," Smith said. ..more.. by Cervenka at 360-1018 or scervenka@floridatoday.com.

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