Statute of limitations could be eliminated for some sex crimes

2-2-16 Mississippi:

JACKSON, MS (Mississippi News Now) - Sex crime victims could soon have more options to pursue charges. The amount of time that passes before they go to the cops can make a difference.

It doesn't matter how severe the crime, some victims don't see justice if they don't speak up soon enough. Senate Bill 2063 would give victims more protection and prosecutors more flexibility.

"It is limited to crimes which are sexual in nature which again are some of our more heinous crimes," said Madison and Rankin Counties District Attorney Michael Guest.

Obscene electronic communications via things like social media and text messages are also common. But as it stands, there's a two year statute of limitations.

"We don't want people who are walking the streets and the only reason that they're not in jail is because they've been time barred by the prosecution and are left to remain out and potentially commit additional crimes," explained Guest.

There are already some crimes like murder and rape that don't have a time limit for prosecution in Mississippi. But about half the crimes that would require someone to register as a sex offender, aren't included.

There is currently a two year statute of limitations if someone films you without permission where there's the expectation of privacy. That would be eliminated if the bill passes.

Sexual abuse of a vulnerable adult is another that would no longer be limited. The statute of limitations for that is five years under current law. ..Source.. by Courtney Ann Jackson

Read More of Article...

Article Summary only...

Legislature briefs: Sex offenders, guns, tanning beds

Raises a que of jurisdiction; can the state reopen a sentence and add further punishment which this would be?

1-25-2015 Mississippi:

Status: ‘sex offender’

Rep. Tom Miles, D-Forest, has authored a bill that would require sex offenders to label themselves thus on social media, such as Facebook.

HB 296 says that on any networking website where users have profiles, a convicted sex offender “shall include in his profile … an indication that he is a sex offender and shall include notice of the crime for which he was convicted” and must list their residential address.

But similar laws have been struck down by courts in Louisiana, Georgia, Utah and California. A federal appeals court recently ruled an Indiana law banning convicted sex offenders from social media was ruled unconstitutional.

Miles said he hopes his bill at least generates discussion. “At least put it in the backs of people’s minds that it’s a problem,” Miles said. “If it saves one child, it’s worth having the conversation.”

... ... ... ..Source.. by Geoff Pender and Jimmie E. Gates

Read More of Article...

Article Summary only...

MISSISSIPPI JUVENILE SEX OFFENDERS

1-19-2015 Mississippi:

Senate Bill 2213 would clarify that youthful sexual assault offenders under the age of 15 wouldn’t be required to register on the state’s Sex Offender Registry.

The bill, filed by state Sen. Derrick Simmons, D-Greenville, would take effect July 1, if passed. ..Source.. by Jimmie E. Gates and Emily Le Coz

Read More of Article...

Article Summary only...

Lawyers ask judge to represent all inmates in suit over conditions at Lauderdale County prison

9-26-2014 Mississippi:

JACKSON, Mississippi — Lawyers suing the state over conditions at the East Mississippi Correctional Facility near Meridian have asked a federal judge to certify them to represent all inmates there.

The American Civil Liberties Union and the Southern Poverty Law Center already represent a number of individual inmates at the prison, operated on behalf of the Mississippi Department of Corrections by Management and Training Corp. of Centerville, Utah.

Legal papers filed Thursday lay out additional evidence that the roughly 1,200 prisoners at East Mississippi are in danger of being harmed by fellow inmates and guards. They also say the inmates suffer from inadequate health care and mental health care. The suit also alleges that the prison is dark and filthy, especially in solitary confinement, and that MTC doesn't even provide adequate food.

ACLU lawyer Margaret Winter said the state would get a chance to respond and that U.S. District Judge Tom Lee probably won't rule until early next year.

The Mississippi Department of Corrections declined to comment on the litigation. Epps said in 2013 after the state was sued over conditions at East Mississippi that "we believe that MTC is doing a good job, and are confident the court will agree." But last month, the state said it would take new bids to operate the four prisons that MTC currently runs, saying more security staff is needed not only at East Mississippi but also at Marshall County Correctional Facility, Walnut Grove Correctional Facility and Wilkinson County Correctional Facility.

The state is already operating Walnut Grove under a consent decree.

MTC spokeswoman Celeste McDonald said the company has painted everywhere, enhanced maintenance, cut contraband and improved guard training.

"MTC has been operating the East Mississippi facility for a little over two years, and has made significant improvements in overall safety and security and offender care," she wrote in an email. "MTC is very concerned about the well-being of the inmates in our care as well as our staff and the community."

Citing recent reports by plaintiff's experts as well as documents subpoenaed from the state and MTC, the plaintiffs describe East Mississippi as "an extraordinarily dangerous prison" that is "awash in contraband and weapons." Part of the problem is because some guards may be taking bribes to bring in banned items or look away while gangs beat up other inmates.

"Security officers have stood by passively, allowing inmate-on-inmate beatings, and have purposefully escorted handcuffed inmates to unsecure areas of the facility so that members of rival gangs can attack handcuffed inmates," lawyers wrote.

Such behavior has been alleged to drive violence at Walnut Grove, where a number of workers have been criminally charged for smuggling contraband.

When guards do intervene, lawyers say they often pepper spray inmates and put them back into spray-contaminated cells to continue suffering the effects of the irritant.

East Mississippi is supposed to specialize in caring for mentally ill inmates, and 844 prisoners are receiving medications meant to treat mental illnesses. But legal filings say there's only one full-time psychiatric nurse practitioner and only one part-time psychiatrist, and little individual or group therapy in most parts of the prison.

About 120 inmates are locked in solitary confinement for long stretches, where their only interaction with mental health workers may be shouting complaints through a metal door.

"Prisoners are isolated, forced to live in abject filth and darkness, subjected to violence and danger, and denied care for their most basic human needs," lawyers wrote.

One expert hired by the plaintiffs cites a December 2013 case where a mental health worker walked away from an inmate with heart disease and schizophrenia who was trying to cut himself with a small dull object and had a long rope tied around his neck. The mental health worker said the man did not appear to be in any distress and he wasn't seen again by a mental health worker for nine days.

"This event went beyond any deliberate indifference I have seen in my entire career; it is the definition of intentional patient abandonment," wrote Dr. Marc Stern.

Later that month, the inmate set a fire in his cell, in what a nurse interpreted as an attempt to get medical attention. The inmate died two days later from the effects of heart disease, according to a preliminary autopsy. ..Source.. by JEFF AMY

Read More of Article...

Article Summary only...

Tracking sex offenders in Mississippi

5-17-2013 Mississippi:

HINDS COUNTY, MS (Mississippi News Now) - Child molestation, statutory rape, sexual battery, they're all classified as sex crimes. Those convicted will live with their felony record until they die and must remain on the state's sex-offender registry. It's a list that's designed to keep you and your family safe and aware. Part of keeping communities safe is for local law enforcement agencies to determine how many sex offenders are really living where they say they are, and track down those who are not.

Sheriff's departments across the state are committed to making sure streets are safe and offenders are not violating any laws. Right now, the violators are few and far between, but investigators say it takes a team working together on a daily basis to keep those felons in compliance and keep others from becoming innocent victims.

As he knocks on a neighborhood door, Investigator Keith Burton explains, "I have a report from the DPS that he's not living where his registered address is."

Hinds County has one of the largest populations of sex offenders in our state, steadily increasing over the years to the current 515 registered. Investigator Keith Burton with the Hinds County Sheriff's Department says less than two percent of those offenders are in violation. He says they either have not paid their $5 fee to re-register at the 90 day mark, or are in such bad health they are unable to leave their home to re-register. Burton is appointed solely to this division, responsible for all 515 offenders making certain they are in compliance with the guidelines.

"Apparently, nobody is home. It's an empty house, but we will do further investigation to find out," says Burton.

Once back in the office Burton is able to use animated maps to determine if this location or any other locations occupied by sex offenders are in violation.

" A sex offender is not allowed to live within 1,500 feet of a school, a park, a swimming pool or any recreational faculty utilized by persons under the age of 18. And that applies to all sex offenders," says Burton.

Deputy Eric Fox with the Rankin County Sheriff's Office says all information is critical in keeping track of offenders and eliminating their threat to society, including vehicle information such as tag numbers and the car make and model.

"We're not going to put up with it. We give them the game plan up front. We tell them all the plays, all the rules and if they can't follow them, then the sheriff has a place for them to stay," states Fox. "So, we are checking on an offender that, he transferred from another state and he was convicted for molesting a 9-year-old girl and he's compliant today."

Rankin County Sheriff Bryan Bailey says 366 sex offenders are registered in that county.

"I don't want everybody to be scared saying that Rankin County is full of sex offenders because only 152 of these are on the street actually living in the county. The rest are incarcerated either in our jail, at the state prison or at Whitfield. But, the way the law is set up right now, we have to claim the ones that are incarcerated," explains Sheriff Bailey.

Fox says, "We go in and talk to them, make sure they're living where they said they were at according to their registry. If they work, we make sure all that information is updated with the sheriff's office."

It's a tedious job that takes much time to keep residents from becoming victims. Sheriff Bailey says it's his ultimate goal to keep you and your children safe.

" The most common offender on a sex crime against a child is a trusted family member or trusted family friend that was asked to take care of the child or keep the child. So, you know, check them out real good before you trust your child with them," said Bailey.

At this time, the sheriff says 100 percent of the sex offenders in Rankin County are compliant. As for Madison County, the chief deputy says it has 70 offenders, two of whom are non-compliant due to health reasons.

If you look on the online registry you may find an instance where a sex offender is living closer than 1,500 feet from a school or daycare, but according to Mississippi law, any sex offender who has lived at an address before July 1, 2006, that person is allowed to stay at their home. Also, if a school or daycare is built next to a sex offender's home, that person does not have to move.

In January 2014, new laws are expected to be on the books, one of which states sex offenders will have to live more than 3,000 feet away from a school or daycare. ..Source.. by WLOX13.com

Read More of Article...

Article Summary only...

Bill To Track Sex Offenders Goes To Governor

In one word, INSANE!

4-3-2013 Mississippi:

Jackson - Mississippi soon may be able to keep track of its sex offenders - literally. If Governor Bryant signs "Lenora's Law," sex offenders who violate the state's registry system will wear a GPS tracking device so law enforcement can tell where they are.

The measure got final approval from both the House and Senate today. State Senator Will Longwitz (R-Madison), the bill's lead author, said it's a good move for the state. "The legislature did the right thing for public safety today. This honors Lenora Edhegard's memory, and will help protect people from sex offenders. I appreciate Lt. Gov. Reeves' and Speaker Gunn's support for this bill."

Longwitz said he wrote the bill after the murder of a Rankin County woman in September 2012. Lenora Edhegard was killed in her home by Cortrell Rose, a repeat sex offender who has confessed to the crime. Rose lived in Brandon, but was registered in Hinds County. Longwitz said that if this law had been in effect, law enforcement would have known where Rose lived, and could have intervened.

In its final form, "Lenora's Law" - SB 2732 - allows for GPS monitoring of sex offenders who get convicted of violating the state's sex offender registry. If convicted, the offender would wear a GPS monitor that tracks their movement for the remainder of their sentence, up to five years. It will also extend the residence buffer for sex offenders to 3,000 feet from a school (up from the current 1,500 feet), and it gives local governments the ability to notify their citizens when an sex offender moves in. Sex offenders will bear the cost of the monitors.

"These are people who have proven they won't obey the law," said Longwitz. "Now we won't leave compliance in the offender. We will know where sex offenders are at all times, and can prevent them from striking again."

The bill was authored by Longwitz, and is co-authored by Senators Josh Harkins (Brandon), Sally Doty (Brookhaven) Brice Wiggins (Ocean Springs) and Giles Ward (R-Louisville), all Republicans. ..Source.. by Channel 12 News

Read More of Article...

Article Summary only...

Sex Offender Tracking Bill Even Stronger

3-13-2013 Mississippi:

A bill aimed at making convicted sex offenders wear tracking devices if they fail to register is heading back to the Mississippi Senate where it started. the House added some elements.

Supporters, including the bill's author, says those additions only make the bill stronger.

Although state law requires convicted sex offenders to register every ninety days, not all of them do so. That problem is now the target of a piece of legislation sailing through the Capitol.

"The fact is these are just the kinds of criminals who repeat their offenses and all these bills do is enforce our current sex offender laws using modern technology," said Republican Sen. Will Longwitz, of Madison.

The bill, known as Lenora's Law, was originally designed to require any sex offenders convicted of not complying with the state's sex offender registry law to be monitored with a GPS device. It already passed the Senate and has now passed the House with amendments.

"It protects victims of sex offenses from people who have proven they can't follow the law," Longwitz said.

House members added in language that would give a judge discretion to require a tracking device on any convicted sex offender.

New language also increases the distance a sex offender can live from places like schools and playgrounds. That distance would go from 1,500 feet to 3,000. Longwitz says he's all for the changes.

"Everybody I talk to, Democrat, Republican, liberal, conservative has told me they wish we could do more of this," said Longwitz.

The bill is named after Lenora Edhegard who investigators say was killed by a convicted sex offender who did not register in Rankin County.

When the bill first gained traction at the Capitol, Edhegard's sister, Becky Macon, said she just wished the law already existed.

"This may not have happened to our sister had this law been in place," said Macon.

Longwitz says he plans to ask the Senate to agree to the additions made by the House and hopes to have the bill sent to the governor's desk as early as next week. ..Source.. by Mike McDaniel

Read More of Article...

Article Summary only...

Lawmaker wants tracking devices on certain sex offenders

2-5-2013 Mississippi:

When Becky Macon's sister, Lenora Edhegard was murdered inside her home last fall, little did she know at the time, the murderer lived right next door.

"He had been there two or three months and didn't present any kind of threat," said Macon.

The man who has now confessed to the crime is Cortrell Rose, a convicted sex offender, who, by law, was registered at an address in Hinds County. The problem is, he was living next door to Edhegard in Rankin County.

"What this brought to light was that there are major problems with the enforcement of our sex offender registry and with our notification system," said Senator Will Longwitz, a republican from Madison.

Longwitz is now behind a piece of legislation to make some changes. Known as Lenora's Law, the bill went before and passed through a senate committee Tuesday morning. If it becomes law, any sex offender who is convicted of not complying with the state's sex offender registry law, will be tracked with a GPS device.

"What we are simply trying to do with this bill is add modern technology to achieve the original purposes of our sex offender registry," said Longwitz.

Currently sex offenders are required to register every 90 days and if convicted of non-compliance, could be sentenced up to five years in prison, typically spending even less time actually behind bars. That's just what happened in the case of Cortrell Rose. Longwitz says the remainder of that sentence spent out of prison should be attached to an electronic lease.

"If you can't follow the sex offender registry law, then you need to be monitored," said Longwitz.

Although a reactive effort, Longwitz says Lenora's Law will be the foundation for better laws to prevent future crimes. For Edhegard's family, it's a small piece of mind for immeasurable loss.

"This may not have happened to our sister had this law been ...continued... by Mike McDaniel

Read More of Article...

Article Summary only...

SORNA Declared Unconstitutional?

Jurisdiction, the first principle of any court action! The 5th Circuit is Texas, Mississippi, and Louisiana.

7-6-2012 National:

"The Department of Justice cannot find a single authority * * * for the proposition that it can reassert jurisdiction over someone it had long ago unconditionally released from custody just because he once committed a federal crime."

The en banc U.S. Court of Appeals for the Fifth Circuit today issued a ruling, by a vote of 10-to-6, that declared unconstitutional one aspect of the federal sex offender registration requirement imposed under the federal law known as the Sex Offender Registration and Notification Act (SORNA).

Circuit Judge Jerry E. Smith wrote the majority opinion, which observes that "After the federal government has unconditionally let a person free, however, the fact that he once committed a crime is not a jurisdictional basis for subsequent regulation and possible criminal prosecution." The majority opinion also includes a very interesting evaluation and rejection of the federal government's Commerce Clause justification for the particular registration requirement at issue.

Today's en banc Fifth Circuit ruling may not be the final word on this controversy. Because the appellate court has partially invalidated a federal law, the likelihood of U.S. Supreme Court review would seem high should the Solicitor General's Office file a petition for writ of certiorari. ..Source.. How Appealing

Read More of Article...

Article Summary only...

$28.4M to run prison sought

Lawmakers seem to be under a spell, stop prevention programs so that we can justify building new prisons. This lawmaker theme does nothing for public safety, in fact, it assures there will be more victims and further wasteful spending.

2-27-2012 Washington DC and Mississippi:

Federal facility in Yazoo City to open early next year

WASHINGTON — Federal officials have proposed spending $28.4 million next year to operate a high-security federal prison in Yazoo City, a move local and congressional officials hope will boost the region's economy.

Construction of the 1,216-bed facility is nearly complete and should be ready to open by early 2013, federal justice officials said.

Low- and medium-security prisons already operate 36 miles north of Jackson, in the same general location of the high-security prison under construction. Congress approved funding in 2009 to build the $205 million high-security facility.

Yazoo City officials and Mississippi Sen. Thad Cochran, top Republican on the Senate Appropriations Committee, said the new prison should spur economic growth in the area.

The prison will be one of the largest employers in the city behind the school system and CF Industries, which bought Terra Nitrogen in 2010.

"It would add to our economic stability," said Yazoo City Mayor McArthur Straughter. "Some of the new hires hopefully would reside in the city."

Straughter said he has talked to federal prison officials and local housing officials about housing for potential employees. Federal officials have said they intend to search locally for people to work at the prison, Straughter said.

The city's unemployment rate was 8 percent as of December, according to the U.S. Bureau of Labor Statistics. The project is expected to create 416 positions, including 218 for correctional officers.

The city already has benefitted economically from spending by prison construction workers, who are staying at local hotels. Opening the prison would bring more customers to area stores and restaurants, city officials said.

The operating funding is part of the Obama administration's proposed budget for fiscal 2013, which begins Oct. 1.

Justice officials said construction of the prison aims to reduce crowding at federal high-security prisons from 56 percent to 47 percent by the end of fiscal 2014.

"Expanding capacity is just one way that we are addressing overcrowding," said Adora Andy, a spokeswoman for the Justice Department. "The budget also includes a number of other proposals that will help alleviate crowding, including expansion of good-conduct time credits, compassionate release and the residential drug abuse treatment program."

In a statement, Cochran said the local project "will give Mississippi a larger role in meeting federal corrections needs."

"The point is that we need adequate prison space for dangerous criminals, or we could be putting the public at risk," he said.

Congress must first approve the budget, and the push to cut spending could mean trouble for individual projects proposed in the president's budget.

"Congress and the administration are facing a difficult budget cycle this year, but I hope we will be able to work cooperatively on the fiscal 2013 budget so that this funding request can be enacted," Cochran said.

Straughter said he's not worried.

"If you build it, you have to have funds to operate it," he said.

Federal officials will find money for prisons even if they cut funding for prevention programs, Straughter said. He called prison-building an "inflation-proof industry."

"Expanding capacity is just one way that we are addressing overcrowding."

Adora Andy, Justice Department spokeswoman. ..Source.. by Deborah Barfield Berry

Read More of Article...

Article Summary only...

DA wants "panty thief" crimes to be considered sex crimes

Just a thought, suppose he (or a she) took the same type of item (pertaining to men or women) from a store, would they also be a sex offender? And, do we stop at under garments? After all, swimsuits cover the body parts too...

2-3-2011 Mississippi:

OXFORD, MS (WMC-TV) - An Oxford district attorney wants the man accused of raiding the homes of North Mississippi female college students and stealing their undergarments to be added to the sex offender registry.

Joseph Paul Lillo, the so-called "panty thief," was arrested in October and charged with 11 counts of burglary.

Lillo broke into Oxford, Mississippi homes through unlocked doors. He would then steal the underwear and a picture of the female who lived there.

"If he would do that, he might go a little bit farther," said mother Leslie Morris.

District Attorney Ben Creekmore is pushing legislators to pass a bill that would make crimes like Lillo's a sex crime.

"The danger here is someone who would break into somebody's house and steal panties could very easily escalate later into something different if you do not put restrictions on them," said Creekmore.

If the crime is made a sex crime, the suspect would have to register as a sex offender if convicted. They would have to let the authorities know where he is living as a way to keep up with them.

"I think breaking and entering, so that's a crime," said Oxford resident Paul Comer. "As far as a sex crime, I guess you could consider it a sex crime."

If Lillo is convicted, he would likely not fall under the new law. ..Source.. Janice Broach

Read More of Article...

Article Summary only...

State police upgrading systems to meet stricter U.S. guidelines

6-8-2010 Pennsylvania:

Pennsylvania State Police are upgrading their computer system to meet stricter federal requirements for sex offenders to register their residences.

States are required to implement the upgraded tracking systems under the federal Adam Walsh Act by July 2011.

Pennsylvania was one of five states selected to receive financial help from the federal Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking in Washington.

The other states are Alabama, Indiana, Mississippi and North Carolina.

State police Lt. Douglas Grimes, head of the Megan's law unit, said the plans are to wait until the new system is complete to pass legislation required to implement the changes.

"There will need to be legislation," he said. "You do not want to pass the legislation until you have all of the technical pieces ready."

Grimes said Pennsylvania is hoping to interface the new system with the statewide criminal history system. ..Source.. by Reading Eagle

Read More of Article...

Article Summary only...

MS- Official: ID sex crime convicts

There isn't a single reason for a policeman to know, beforehand, that someone he stopped is a sex offender, because officers -by law- should be treating everyone stopped equally. Further, since the law prohibits LIVING, not BEING, within a certain distance of a school, such a stop does not justify what this proposed law will do. Finally, marking a driver's license further stigmatizes those offenders in their personal financial transactions where a license is needed for the transaction. This amounts to lawmaker vigilantism as it does not in any way protect children!

10-17-2009 Mississippi:

State lawmakers could discuss legislation during their next session that would give police the ability to distinguish sex offenders by simply looking at their driver's license.

".My goal is not to embarrass someone. My goal is to protect children," said Rep. Brian Aldridge, R-Tupelo, who is drafting the bill. "If someone gets pulled over within 500 feet of a school ... this would just give officers one extra tool to find out whether or not this individual is a registered sex offender."

State law prohibits registered sex offenders from living within 1,500 feet of a school, day care or playground. It also outlaws them from loitering within 500 feet of school property while students are present.

Aldridge said he came up with the idea after observing Lee County deputies conduct stings on online child predators.

"This came to the forefront for me because of the stark reality of what we've seen in Tupelo and Lee County and the number of people arrested due to the stings," he said. "This is a sleepy little town and a sleepy little county, where this stuff is not supposed to happen. And for me, it was, 'OK. This is happening here.' It was eye-opening."

His bill would require the state Department of Public Safety to cross-reference driver's licenses or Social Security numbers against the state's sex offender registry and mark sex offenders' licenses.

Mississippi has a population of about 3 million and about 6,000 registered sex offenders. The department issues photo ID cards to registered sex offenders, who are required to carry the IDs, spokesman Jon Kalahar said.

"They have to come in every 90 days to renew," Kalahar said. "That's how we keep track of where they are living."

Florida, which tracks more than 41,500 sex offenders among its population of 18 million, enacted a similar law in 2007.

"It's simply used by folks in law enforcement to know who they are dealing with," said Dave Westberry, spokesman for the Florida Department of Highway Safety and Motor Vehicles. "It's not the scarlet letter."

Westberry said the law did not require his department to spend much in the way of additional resources.

"It was not a problem. We just made modifications of the licenses and added another field to our driver information database," he said.

The idea has support from local law enforcement. Aldridge said the Lee County Sheriff's Department already has signed on. Hinds County Chief Deputy Steve Pickett said the proposed legislation, "on the face of it, is obviously a good idea."

"I personally don't see this as punitive; it's just like a driver's license for a truck driver," he said. "Anything that can help law enforcement, our office would support."

But getting advocacy groups on board may be a problem.

Mississippi Forum on Children and Families President Jane Boykin said she's concerned the license marking may subject some to unfair treatment. In Mississippi, offenses that require registration range from statutory rape - for instance, a 19-year-old convicted of having sex with a 16-year-old - to forcing a child into prostitution or sexually abusing an elderly or mentally disabled person.

"I want to always protect children, but prevention is where my focus has been for the last two decades," she said. "All sex offenders are not alike."

Nsombi Lambright, executive director of the American Civil Liberties Union of Mississippi, said the organization thinks the state should put more resources toward rehabilitation and treatment of sex offenders.

"Our opinion is that we continue to focus more on punishing people who have served their time and paid their debt to society," she said.

.A driver's license designation is continued punishment, Lambright said, because it would be noticeable in situations that have nothing to do with law enforcement, such as when a license is used as identification for writing a check or obtaining public utilities.

"And I don't see the point when Mississippi already has a registry," she said. "I can go to the registry right now online and put in someone's name to find out if they're registered or if they live near a school."

Aldridge countered, saying the marking could be discreet. Already, DPS marks licenses to identify people who carry concealed weapons or who are organ donors.

"I'm not looking to make the licenses fuschia or put 'sex offender' in big, bold, huge letters. As far as I'm concerned it doesn't even have to be on the front," he said. "It should just be something that a law enforcement official could identify." ..Source.. by Kathleen Baydala

Read More of Article...

Article Summary only...

MS- ACLU Lawsuit Challenges Expulsion of Middle School Student After Illegal Cell Phone Search

9-4-2009 Mississippi:

On August 15, 2008, Richard Wade, a 12-year-old honor student at Southaven Middle School, made the simple mistake of taking his cell phone with him to school. He had no idea that on that day, school officials would seize his phone, search its contents and conclude without substantiation that the private photos he had saved on the cell phone — most of which simply showed him dancing at home — were "gang-related messages." Nor did Richard foresee that the DeSoto County Board of Education would expel him from school for carrying these photos on his cell phone.

Yesterday, the ACLU and the ACLU of Mississippi filed a federal civil rights lawsuit on Richard’s behalf to vindicate his federal and state constitutional rights to free speech, freedom from unreasonable searches, and due process — all of which were violated by the school officials and police officer who illegally searched his cell phone and the county school board that expelled him as a result of his photographs.

When Richard opened his cell phone during football class to read a message from his father, he thought the message might indicate an emergency. Southaven Middle School policy permits officials to confiscate a student’s cell phone and to hold it for up to five days or have a parent pay a $25 fine to retrieve the phone. Instead of following this policy, several school officials opened Richard’s cell phone and searched through its contents.

Like many kids and adults, Richard stored photos of himself on his cell phone for his own viewing. And, like other kids, some of the photos Richard had on his cell phone were of himself dancing at home — pictures that he had no intention of showing to others at school.

School officials nevertheless decided to open Richard’s cell phone and view his private photographs. They then turned his phone over to Sergeant Nicholas Kennedy of the Southaven Police Department, who claimed that the pictures constituted "gang-related activity" and "indecent pictures," without providing anything to back up his conclusion. After a series of disciplinary hearings, the DeSoto County Board of Education subsequently expelled Richard for violating a school rule that prohibits students from displaying "messages associated with any gang."

What about Richard’s cell phone photos indicated "gang"-related activity? The fact that they showed him, a young African-American boy, doing a hip-hop dance in the privacy of his own home? Without any substantiation by Sergeant Kennedy for his conclusion, Richard, his mother, and we are left to wonder.

We are also left to conclude that the decision to subject Richard to such severe discipline merely for possessing photos on his cell phone of himself dancing is symptomatic of the school-to-prison-pipeline, a disturbing national trend wherein children — disproportionately children of color — are over-aggressively punished, needlessly criminalized, and pushed out of public schools and into the juvenile and criminal justice systems. The expulsion and criminalization of school children for minor infractions tarnishes their school records and often makes it more difficult for them to remain motivated and to succeed in school. It also dramatically increases the odds that they will be involved with the criminal justice system later on in life. Luckily for Richard, he was never charged with a crime. But increasing numbers of other kids are not as fortunate.

The Supreme Court reaffirmed in its 2007 decision in Morse v. Frederick that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Nor do students shed their rights to be free from unreasonable searches or due process when they set foot in school.

Sergeant Kennedy and school officials did nothing to curb gang activity at Southaven Middle School when they illegally searched Richard’s cell phone without reasonable suspicion of any wrongdoing. Nor did the DeSoto County Board of Education address any kind of gang problem when it decided to expel Richard — an honor student with no past or present association with any gang — simply for having photos on his cell phone of himself dancing in the privacy of his own home. What they did do, however, was trample Richard’s constitutional rights and make it harder for him to get the education that he sought and to which he is constitutionally entitled. They should be held accountable for doing so. ..Source.. by ACLU

Read More of Article...

Article Summary only...

MS- Cheerleader sues school, coach after illicit Facebook log-in

7-28-2009 Mississippi:

A high school cheerleader claims a coach forced her to give up her Facebook account login information, only to see her account's contents shared widely with school officials, resulting in extensive disciplinary action. She's now suing everyone involved.

At this point, you would think that most users would be aware that they should keep embarrassing information off of Facebook. Everyone from potential employers to the press regularly check users' accounts on the service, looking for evidence of illicit or debauched behavior, and a number of jobs have been lost due to the information found there. Still, many fail to exercise discretion when using the service, people in positions of power are catching on, and there continue to be problems that result from the blurring of boundaries between public and private.

In what may be the latest example, a suit was filed in Mississippi that alleges a school official—more specifically a teacher acting in her capacity as a cheerleading coach—demanded that members of her squad hand over their Facebook login information. According to the suit, the teacher used it to access a student's account, which included a heated discussion of some of the cheerleading squad's internal politics. That information was then shared widely among school administrators, which resulted in the student receiving various sanctions.

As we noted when Bozeman, Montana attempted to obtain login credentials from anyone applying for a municipal job, it's easy for anyone to view pictures and text that a Facebook user has chosen to make public simply by signing up for an account with the service. By demanding login credentials, authorities gain access to materials that users have chosen to keep private. Whether this is done because people intend to get access to private data or because they are simply unfamiliar with how Facebook operates isn't always obvious, and probably varies from case to case.

According to this suit, the student's login details were requested during school hours, and the teacher accessed the account the same day. The account included the contents of a discussion between the student and a fellow member of the school's cheerleading squad about its internal politics, which was then allegedly shared with other squad supervisors and the school administration. The student was then "publicly reprimanded, punished, and humiliated" due to the contents of that discussion.

The student was allegedly forced to sit out of various school activities and had difficulties arranging her academic schedule to avoid taking classes from any of the individuals who were both coaches and teachers. Her parents claim that attempts to discuss the problem with school administrators brought them no relief.

The Student Press Law Center has more detailed account (via TechDirt) of the events, in which it reports that several other students asked for their logins simply deleted their accounts using their cell phones, preventing this sort of intrusion; the schools apparently have a filter that blocks access to its Web interface from school computers. It also suggests that the initial search of the Facebook accounts was done with the intent of finding pictures of the students smoking or drinking.

In any case, the suit alleges that the school's administration and staff, along with five John Does, violated the student's Constitutional rights to privacy, free speech and association, and subjected her to cruel and unusual punishment. There are also charges of causing emotional distress, defamation of character, and civil conspiracy. In general, courts have concluded that public school students have some constitutional rights, but only a subset of those afforded to the general populace. It may be that the student's lawyers are aiming broadly in order to find some area of constitutional law in which the student is clearly protected.

In any case, the message should be clear: either through malice or cluelessness, people in positions of authority are increasingly demanding complete access to users' personal accounts and, in moments of weakness, many users appear to be giving it to them. If there's information you're not comfortable sharing with the world, Facebook, Twitter, and similar services aren't the place for it. ..Source.. by John Timmer

Read More of Article...

Article Summary only...

MS- Miss. Appeals Court throws out banishment requirement for sex offender

7-23-2009 Mississippi:

JACKSON, Miss. (AP) — The state Court of Appeals has thrown out a lower court order that a McComb man be banished from Mississippi once his completes a 25-year sentence for a sex crime conviction.

Richard A. Simoneaux (SIM'-uh-noh) pleaded guilty in 2004 in Pike County to spying on and assaulting nursing home residents. Simoneaux pleaded guilty to attempted burglary, two counts voyeurism, sexual battery, sexual abuse of a vulnerable adult and burglary of a dwelling.

The trial judge sentenced Simoneaux to 30 years without parole with five years suspended. The judge also ordered Simoneaux to leave Mississippi once he is released from prison.

The Appeals Court rejected Simoneaux claims his pleas were not voluntary, that his attorney could have done a better job but agreed banishment was too harsh. ..Source.. by Channel3 News

Read More of Article...

Article Summary only...

MS- AG: No new sex offender laws

The "arc of protection" is a ruse because no one has yet shown that crimes are committed at all in that protected area even before these "arc of protection" laws. The concept of "arc of protection" laws is a myth, one used by lawmakers to get votes and support but provides no real protection for anyone; a political myth, a tool used for ulterior purposes!

7-22-2009 Mississippi:

DESOTO COUNTY - Efforts to widen the "arc of protection" against sexual predators in DeSoto County have been hamstrung by state law.

In April, DeSoto County officials sought a State Attorney General's opinion as to whether they can expand the arc of protection that buffers schools and daycare centers from convicted sexual predators.

Attorney Jody Neyman, acting in the capacity of county attorney said Monday that the recently received State Attorney General's Opinion states that while the board does have the ability to adopt its own sexual offender laws separate and distinct from the State of Mississippi, they cannot supercede or go beyond state law.

"Under Mississippi's Constitution, a local government cannot pass legislation that exceeds state law," Neyman said.

District 4 Supervisor Allen Latimer, a high school history teacher, wanted to expand that arc of protection for schools and other places where children congregate from 1,500 feet to 2,500 feet.

"I was really disappointed that we didn't have any more authority than we have," Latimer said. "We should be able to enact anything for the safety of our people. Local government is what this country is based upon."

Latimer said under the Constitution, cities and local governments should have the power to expand protection.

"Right now, sex offenders can't live within 1,500 feet of a school - we can't expand that," Latimer said. "If we could have just extended it another 1,000 feet. That's at least three football fields."

Even though the effort failed, Latimer thanked the board for taking the steps necessary to expand protection.

"I appreciate the support in trying to protect the citizens of DeSoto County, but it seems like to me that our hands are tied," Latimer said.

Under state law, convicted sex offenders must register with the DeSoto County Sheriff's Department every 90 days."

There are currently 101 registered sex offenders living in DeSoto County. ..Source.. by ROBERT LEE LONG, Community Editor

Read More of Article...

Article Summary only...

MS- Bullying, drugs, sexting among concerns facing school officers

6-19-2009 Mississippi:

BILOXI, MS (WLOX) - "Today, bullying is also happening technologically: Lies, rumors, gossip," a crime victims expert told a group of school resource officers Thursday.

The officers are responsible for the health and safety of your children at school. These days, they deal with more than just teen violence, suicide prevention, and bullying.

"Now officers have to assume the role of officer/educator, where they're responsible for crisis planning, school safety assessments, mentoring at-risk students, as well as conducting character education training in the classroom," said Robert Laird, School Safety Director for the Mississippi Department of Education.

In order to better protect students, school resource officers have to stay ahead of the game. The means they have to learn about the latest designer drugs, how to deal with a pandemic like the Swine Flu, and how to respond to a terrorist attack.

One of their biggest challenges is keeping track of how teens use technology and understanding things like Twitter and sexting.

"In almost all school violence cases, the persons who acted out any type of aggression have told someone," said Ben Brown, the Chief SRO for the George County School District. "So social networking sites are the main form of communication now. If we monitor that, hopefully we can find that out and intervene before something does happen."

These latest trends and techniques are part of the training at the Safe and Drug Free Schools Conference at Biloxi Jr. High this week. The lessons can help the officers respond to a crime or any other crisis, so students can feel safe when they set foot on campus.

"They can focus on their school work and not have to worry about someone bullying them or intimidating them or causing them harm," said Brown.

School administrators, law enforcement officers, and teachers are also attending the conference. On Friday, the topics will focus on body language, gangs, and sexual misconduct. ..Source.. by Trang Pham-Bui

Read More of Article...

Article Summary only...

MS- Supes want AG opinion on sex offender laws

4-21-2009 Mississippi:

DESOTO COUNTY — DeSoto County officials will seek a State Attorney General’s opinion as to whether they can expand the arc of protection that buffers schools and daycare centers from convicted sexual predators.

County Attorney Tony Nowak said in his opinion, the board does have the ability to adopt its own sexual offender laws separate and distinct from the State of Mississippi.

District 4 Supervisor Allen Latimer, a high school history teacher, wants to expand that arc of protection for schools and other places where children congregate from 1,500 feet to 2,500 feet. The Board of Supervisors voted unanimously to seek the Attorney General’s opinion.

“It’s one more added little bit of protection,” Latimer said. “That extra thousand feet could give added protection.”

Other supervisors were concerned about opening up the county to lawsuits if DeSoto County’s laws differed from state or national laws.

(eAdvocate Post)

“If we change that we open up the floodgates,” District 2 Supervisor Gene Thach said. “If we issue something else, we would have to be ready for lawsuits.”

Nowak said requiring signs in the yard or global positioning tracking systems might be challenged in court.

“A number of judges in the country have tried that and it’s either on appeal or tied up in the courts,” Nowak said.

Under state law, convicted sex offenders must register with the DeSoto County Sheriff’s Department every 90 days.”

District 1 Supervisor Jessie Medlin said he was concerned about the fact that sex offenders move around so easily within the county and might change addresses.

“These dudes mobilize so easily,” Medlin said. “The dude that commits these crimes is going to be one that doesn’t register.”

Latimer said that’s precisely why the county needs to take a hard stand against allowing predators too close to children.

“You’re sending a signal to the county that regards this as a serious matter.”

Also Monday, Chancery Court Clerk W.E. “Sluggo” Davis informed supervisors that he turned over at least $60,000 more in court fees and other funds to the county general fund than were turned in last year.

In a related matter, DeSoto County Administrator Michael Garriga said the county had at least $22 million cash on hand to operate county departments for the rest of the fiscal year. The county is up in cash reserves over last year.

Garriga said tax collections have been “more prosperous” than this time last year, despite the recession.

County officials voted to spent $3 million to retire existing bond debt.

DeSoto County has between $12 million and $16 million that can be issued for capital projects without necessitating a tax increase.

Supervisors also voted to waive stormwater permit fees for the City of Southaven on a sewer project north of Pleasant Hill Road along Hurricane Creek and waive permit fees for DeSoto County School District officials for a stormwater project at the new Lewisburg Primary School. ..News Source.. by ROBERT LEE LONG, Community Editor

Read More of Article...

Article Summary only...

MS- Lawmakers vow to take up pardon

4-12-2009 Mississippi:

Efforts by Coast lawmakers to require public hearings before the governor may pardon an incarcerated person have failed for this legislative session, but the legislators say they’ll bring it up again next year.

The measure was in response to the public outcry that arose in South Mississippi in 2008 after Gov. Haley Barbour freed Michael David Graham, a trusty in the governor’s mansion, who was convicted of shooting his wife, Adrienne Klasky, to death with a 12-gauge shotgun at a busy intersection in Pascagoula.

Locals were upset, partly because the pardon for the 1989 crime came with no notice to local law enforcement and little notice to those involved with the case.

Rep. Brandon Jones, D-Pascagoula, and Sen. David Baria, D-Bay St. Louis, both attorneys, had submitted similar bills that would have required the governor’s office to notify the district attorney’s office where the crime occurred when seeking a pardon.

Public hearings also would have to be held before a pardon could occur.

“I don’t think a single politician should be able to turn back the entire justice system with the stroke of a pen,” Jones said.

Baria said he was bothered that some members of the Legislature believed the measure would limit the governor’s ability to pardon.

“The governor can still do whatever he or she wants, but it allows folks to be heard on the issue,” Baria said.

(eAdvocate Post)

A bill Baria submitted, which mirrored one by Jones to get the public hearings, died in committee. But a similar amendment by Sens. Baria; Michael Watson, R-Pascagoula; and Billy Hudson, R-Purivs, was added to a House bill that dealt with the parole board.

It passed the Senate. But lawmakers wound up taking the whole bill to conference and the measure was removed there.

Efforts to recommit the bill so it could be put back in failed.

Barbour signed House Bill 2 without the provision this week.

The bill changes the requirements for parole for sex crimes and murders and now requires a 4-1 vote by the parole board. Some lawmakers were outraged by the case of Douglas Hodgkin, who was recently released after a 3-2 vote.

Hodgkin was convicted of murdering University of Mississippi graduate student Jean Elizabeth Gillies in 1987.

Jones had also submitted a bill that would eliminate the governor’s ability to give a pardon or any other reprieve for anyone who has been convicted of capital murder, but the bill failed.

Another bill would have prevented those convicted of certain crimes from being eligible to become a trusty. But that measure also failed.

Jones said the attention to the issue of early release may have helped some of his other measures succeed.

He said he was able to get a measure passed that takes a portion of bail bonds and sets it aside for victims of domestic violence.

The House also passed a measure that requires anyone convicted of a murder where a sexual crime is also involved to register as a sex offender.

Both Baria and Jones said the pardon measure’s failure rests with all members of the conference committee because they signed a conference report that didn’t include the measure.

Sens. Willie Simmons, D-Cleveland, Lydia Chassaniol, R-Winona, Alice Harden, D-Jackson and Reps. Bennett Malone, D-Carthage, Tracy Arinder, D-Morton and Sara R. Thomas, D-Indianola, were the conferees on the bill.

Chassaniol, a north Mississippi lawmaker, said she doesn’t support any changes to the way the governor handles pardons, as she believes it is his authority and not the Legislature’s. She said she was not familiar with the specifics of the Graham case, but she doesn’t think Coast people would have cared about pardons if the Graham case hadn’t happened here.

“I don’t have a problem with (the system) because the system has worked well for all these years,” she said.

She said she believes the measure was really more about politics.

“It is interesting what people start doing when they are looking ahead to the next election cycle,” she said. ..News Source.. by MICHAEL NEWSOM

Read More of Article...

Article Summary only...