Bill to limit sex offenders in any one facility approved R.I. House

5-5-17 Rhode Island:

The measure would limit to 10 the number of sex offenders in facilities that receive state funding.

PROVIDENCE, R.I. — A bill to limit the number of sex offenders in facilities such as Harrington Hall was approved by a vote of 59 to 8 in the Rhode Island House on Thursday.

Sponsored by Rep. Robert Lancia, R-Cranston, the bill would limit to 10 percent the number of sex offenders who could live at facilities receiving state funding. Hospitals, nursing homes, long-term care and psychiatric facilities would be exempt. The measure was endorsed by House Speaker Nicholas Mattiello, whose district includes Harrington Hall, the state’s largest homeless shelter.

Rep. Anastasia P. Williams and Rep. Joseph S. Almeida, both of Providence, argued against H-5159, saying that imposing a limit would result in more sex offenders living in Providence. Anyone voting for the measure “is voting against every child in the city of Providence,” Williams said. Almeida said: “Wherever there’s an issue in this state, it gets dumped in Providence.”

Lancia countered that the bill was an effort to seek a permanent solution. “We’re not trying to dump people,” he said. “We want everyone at the table working on a solution.”

The bill would give the administration of Governor Gina Raimondo until Jan. 1 to find a solution. After that, a facility exceeding the limit would have to send sex offenders elsewhere, but that is a problem. Federal law bans sex offenders from living in federally subsidized housing, and Rhode Island bans them from living within 300 feet of a school, or 1,000 feet for Level III offenders, who are deemed most likely to re-offend.

Lancia said that Harrington Hall, which is run by Crossroads, has 112 beds, with 60 of them taken by Level II sex offenders. Every morning, “they are released into the community,” Lancia said. “There are no programs for them.” What the state needs, he said, is a dedicated facility. ..Source.. by Donita Naylor

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Former Convicts Could Soon Apply For Public Housing

3-17-17 Rhode Island:

The Providence Housing Authority is considering revisions to its admissions policies for convicted felons applying for public housing.

According to the executive director of the PHA, Paul Taveras, the move comes after years of pressure from former convicts and activists. These groups argue the current rules for public housing hurt ex-convicts trying to re-enter society.

Current rules automatically disqualify anyone who has been convicted of a violent or drug-related crime within the last decade from applying for public housing. Rules also prohibit a convicted felon from moving in with someone who already lives in public housing.

Taveras says these rules date back to the “tough on crime” decades.

“And if you look at the result of those it definitely delivers disparate treatment to those who have been incarcerated,” said Taveras.

Proposed revisions would allow convicted felons to apply for housing if they’re not registered sex offenders, and officials would only go back five years into criminal records.

Tavares says that the proposed changes could make public housing more fair and accessible.

There was little opposition to the proposed changes at a recent public forum, which is mandated by the U.S. Department of Housing and Urban Development when significant changes, like the ones PHA is considering, are proposed. Tavares says other than residents who want to make sure public housing remains safe, most concerns come from those waiting on long lists for public housing.

“This won’t circumvent the list in any way. People who may have been denied the list may now be able to get on the list. They would still have to wait accordingly. It’s not like they would get preferential treatment,” said Tavares.

The PHA doesn’t have an estimate of how much longer the waitlist would get if these rule changes expand the number of people eligible to apply.

The proposal still needs approval from the Board of Commissioners before it can go to the U.S. Department of Housing and Urban Development for final approval. ..Source.. by Ximena Conde

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Charge of not registering as sex offender tossed against son of Iwo Jima flag-raising sculptor

11-21-15 Rhode Island:

PROVIDENCE, R.I. – Prosecutors in Rhode Island have dropped a charge against the son of the sculptor who designed the iconic Iwo Jima flag-raising sculpture.

Byron de Weldon is a third-level sex offender with a history of child molestation charges. He was jailed in October because authorities believed he had failed to register as a sex offender as required.

But prosecutors said in Providence federal court Thursday that they received incorrect information from de Weldon's mother that he had gone on a lengthy trip through several states without notifying authorities. They say the trip was only about 15 days, and he was not required to update his registration.

The 45-year-old de Weldon is the son of the late Felix de Weldon, who sculpted the U.S. Marine Corps Memorial at Arlington National Cemetery. ..Source..

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Outcasts: Level III sex offenders in R.I. can't live within 1,000 ft. of schools

10-4-2015 Rhode Island:

The General Assembly tripled the distance this summer. Experts say that move could backfire.

PROVIDENCE -- Most of them knew what was coming, but the words still left them shocked and dismayed.

Dozens of Providence men, all convicted of sex crimes, learned Wednesday from the Providence police that they had 30 days to find a new place to live.

For the most part, they'd lived quietly in the neighborhoods for years, checked on by probation officers and police who knew them by name.

They begged for more time.

The law won't allow it, the police said.

"The state has got to stop punishing us!" said Joseph Sorel, an Army veteran convicted of molesting children who has to move from Olneyville Square. "We've paid for our crimes. What's next?"

Since 2008, all convicted sex offenders in Rhode Island have been banned from living within 300 feet of public or private school property. In June, the General Assembly expanded that ban to 1,000 feet for Level III sex offenders, those deemed most likely to re-offend. A map of Providence built by The Journal shows just a few slivers of the city left open to offenders.

Remarkably, law enforcers, civil-rights advocates, supporters of victims of sexual assault and experts who study sex-offender management say the expanded ban could actually decrease public safety by forcing offenders to move frequently or become homeless, destabilizing their lives.

Jill S. Levenson, an associate professor of social work at Barry University in Miami and an expert on the impact of laws like Rhode Island's 1,000-foot ban, said there's no evidence that residence-restriction laws improve public safety.

"The laws are passed with good intentions. It seems like it makes sense: if they're not living close to where children are, they'll have less likelihood to form a relationship and be tempted," said Levenson,

"The irony is," she said, "in some ways it exacerbates factors that contribute to risk."

Rhode Island's 1,000-foot law is the work of Joseph M. McNamara, a Warwick state representative who chairs the state Democratic Party and the House Health, Education and Welfare Committee. Warwick Democrat Sen. Michael McCaffrey sponsored the companion bill in the Senate.

McNamara, who drove the amendment through the General Assembly, said he did so because "parents were panicking" when a sex offender moved into an apartment building 400 feet from a Warwick elementary school -- and another moved into McNamara's neighborhood in a home 800 feet from an elementary school.

Both offenders were complying with state law, but McNamara felt they were too close for comfort. "Being a retired school administrator, when you have a school community in a panic over these situations and children who believe they are going to an area that is insecure, it's not conducive to education."

Thirty states including Rhode Island have residency restrictions on sex offenders, with some ranging up to 2,500 feet from schools, parks and playgrounds. I thought 1,000 feet was reasonable. It's three football fields," he said. Those who violate McNamara's law face up to five years in jail and a $5,000 fine.

The Department of Correction's Sex Offender Board of Review and the Sex Offender Community Notification Unit evaluates the sex offenders and determines their levels before they are released. The levels -- I, II and III -- are based on a felon's likelihood to re-offend, with Level III being the most likely.

the new law, the 300-foot ban still applies to Level I and II offenders.

When he introduced his bill to the House Judiciary Committee in April, McNamara told the other members that it was "very simple, cut and dry."

Richard Ferruccio, president of the R.I. Brotherhood of Correction Officers, also voiced support for the bill, saying it would create a "buffer zone" between offenders and schools. "We think families shouldn't have to live in fear of crime in their communities," he said. "School areas should be safe zones.

No one else supported the bill. The Rhode Island Public Defenders Office, The American Civil Liberties Union of Rhode Island, Rhode Island Homeless Advocacy Project, and a case manager who works with the homeless all raised concerns that the legislation would send offenders into shelters or the streets. ..Continued.. by Amanda Milkovits

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New R.I. law widens school buffer zone for sex offenders

7-24-15 Rhode Island:

High-risk offenders must now live at least 1,000 feet from schools — up from 300 feet — in law signed by Governor Raimondo.

PROVIDENCE, R.I. — High-risk sex offenders must put the distance of more than three football fields between their homes and the nearest school under a new law signed by Governor Raimondo last week.

In 2008, the state made it a felony for a registered sex offender to live within 300 feet — the length of one football field — from any public or private school. The new law extends the buffer to 1,000 feet from any public or private school for Level III offenders — those deemed to be at the highest risk for committing another sex-related crime.

The law was passed despite objections from advocates for the homeless, the ACLU and the public defender's office, who argued that the law will leave people homeless and and untraceable without making communities any safer.

There are roughly 260 Level III sex offenders registered in Rhode Island, according to a list maintained by the state Parole Board. Those offenders have been designated by the Sex Offender Board of Review and/or the Superior Court as people at high risk of reoffending.

But it was one offender's presence in Warwick that prompted the legislation.

Byron W. de Weldon, the son of acclaimed sculptor Felix de Weldon and a Level III sex offender, has been living in Warwick, according to the Parole Board. De Weldon, who grew up on a Newport estate, was convicted in Rhode Island of third-degree sexual assault with a 15-year-old male and second-degree child molestation with three 11-year-old males in cases dating back to the 1990s.

"A Level III sex offender moved into my community and rented an apartment that oversees a children's game room and is in direct line of sight — an unobstructed view — of an elementary school. So parents were furious. Business owners were concerned," Rep. Joseph McNamara told the House Judiciary Committee in April. "He's like a kid in a candy store where he is now."

State records show that de Weldon's residence is less than a quarter mile from John Brown Francis Elementary School.

McNamara and Sen. Michael McCaffrey, both Warwick Democrats, sponsored the legislation that initially would have banned all sex offenders from living within 1,000 feet of a school. The amended version of the legislation that passed the General Assembly narrowed the change to apply only to Level III offenders.

During the same hearing, Michael DiLauro, a legislative director for the Office of the Rhode Island Public Defender, said that while the measure was well-intentioned, it could have unintended consequences.

"This forces offenders underground where they have less access to services and treatment," DiLauro said.

Barbara Kalil, co-director of the Rhode Island Homeless Advocacy Project, also argued against the measure earlier this year, saying that many landlords won't rent to registered sex offenders, making it a challenge to find housing. She said her opposition to the legislation was also personal because she and her partner — a Level III sex offender — would be forced to move from their Providence apartment under the new law.

Kalil and her partner, John Freitas, were responsible for starting the tent city known as Camp Runamuck in 2009. He was arrested while living at the camp for failing to register as a sex offender. Offenders must register with an address and their local police departments.

Kalil said she was homeless for six years before finding an apartment in Providence three years ago.

"I know that we are not going to find another apartment in our price range in Providence," Kalil said. "I am positive that this legislation is not going to solve any problems." ..Source.. by Jennifer Bogdan, 
Journal State House Bureau

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Internal probe finds ACI sex offenders did not access computers

4-3-15 Rhode Island:

CRANSTON, R.I. (WPRI) — A Rhode Island Department of Corrections internal investigation has determined sex offenders did not gain access to computers through an ACI treatment program, but the long time administrator of the program has terminated his contract.

Peter Loss and his company ACSW, Inc. had run the sex offender treatment program for 18 years, with the most recent contract that runs through June paying $105,000 a year according to documents provided to Target 12. RIDOC spokesperson Susan Lamkins said the investigation started in late February after information surfaced that Loss “may have allowed inmates access to computers.”

‘”The investigation has been completed and it was determined that no inmates had access to the internet,” Lamkins said. “Peter Loss has terminated his contract with the Department. The contract gave either party the opportunity to end the agreement. It was his decision.”

Lamkins said the decision leaves the ACI without the medium security treatment program, which serves 86 sex offenders at a time. Lamkins said RIDOC will be putting out “a Request for Procurement to find another provider of sex offender treatment.”

“That (program) is important to us,” Lamkins said. “We want the process to be rapid to find a replacement.”

Lamkins said the initial concern was that sex offenders had been given access to an employees-only room in medium security that has about four computers in it. “We did investigate the matter and the allegation was unfounded,” Lamkins said.

State Police Superintendent Colonel Steven O’Donnell had confirmed that two state troopers, who are stationed at the prison, removed the computers in February as part of the investigation. He said the hard drives would be analyzed to uncover whether or not any data was sent out, or received.

The RIDOC website had stated that Loss was “well respected by the Institutions and Operations staffs who know how strongly he holds individuals accountable for their behaviors.”

According to the contract Loss singed, the program was supposed to offer several services, including sex offender treatment, written evaluations for the Parole Board and in-service training for correctional officers. As part of the pact, Loss was also required to write risk assessments for each participant. Loss was unavailable for comment. ..Source.. by Walt Buteau

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ACI sex offenders may have had computer access

2-24-15 Rhode Island:

CRANSTON, (RI) – The Rhode Island Department of Corrections suspended a long-running sex offender treatment program, and is conducting an internal investigation to determine if sex offenders or other inmates in medium security were given access to computers.

Inmates are not allowed to use computers while incarcerated, and sex offenders getting on the internet would be considered a more disturbing concern due to the potential electronic access to the world beyond the razor wire. RIDOC spokesperson Susan Lamkins said the medium security sex offender population hovers around 80, but she said not all of them participate in the treatment program.

Lamkins was unsure when the potential breach was discovered or how long it possibly lasted, and she said it is unknown whether or not any information or pictures were sent out or received by the computers. Lamkins said about 4 computers were in an employees-only room in medium security.

“The Director (A.T. Wall) was told that a contract employee, who provides services to sex offenders, may have allowed the inmates access to computers,” Lamkins said in a statement.

According to the sex offender treatment program contract, which runs through June 30, 2015, Peter Loss ACSW, Inc. is the contract employee. The contract was signed by Loss in 2012 and pays the Connecticut based company $105,000 a year. The RIDOC website states “Loss has been providing sex offender treatment at the RIDOC for 18 years and has established a strong working relationship with the Department.”

Lamkins did not know how many inmates were possibly given access to the computer room but she said Wall reacted quickly after the potential breach was discovered.

“The Director immediately suspended the program and has asked the Office of Inspections to investigate the matter,” Lamkins said.

State Police Superintendent Colonel Steven O’Donnell confirmed that two state troopers, who are stationed at the Cranston prison, removed the computers last week. He said the hard drives will be analyzed to uncover whether or not any data was sent out, or received.

Target 12 reached out to Loss by phone but he has not returned the call. According to the RIDOC website, Loss “is well respected by the Institutions and Operations staffs who know how strongly he holds individuals accountable for their behaviors.”

According to the contract, the program is supposed to offer several services, including sex offender treatment, written evaluations for the Parole Board and in-service training for correctional officers. As part of the pact, Loss is also required to write risk assessments for each participant.

Lamkins said there were no records indicating Loss had been disciplined by RIDOC during the past 18 years. Neither Lamkins nor state police would estimate how long the investigation will take. ..Source.. by Walt Buteau

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R.I. prison system lacks resources to care for mentally ill inmates

12-15-2014 Rhode Island:

CRANSTON — To reach D-mod, a specialized unit at the High Security Center of the Adult Correctional Institutions, you must pass through a series of steel doors manned by guards inside fortified control booths. You must be escorted by at least one correctional officer — on this day, William Galligan, a lieutenant. Louis A. Cerbo, the Department of Corrections’ clinical director, joins him on a tour.

Each of D-mod’s 12 cells holds a single prisoner. Each cell has cinder-block walls, a high ceiling, one fluorescent light, a camera, a tiny window facing outside, a larger window facing in, and a bunk and steel toilet/sink fixture, both bolted to the concrete floor. The metal mirror, warped by age, distorts your reflection. The total floor space of each cell is 76 square feet. There are no radios, televisions, or computers. It is eerily quiet, except when someone is in crisis.

A small number of D-mod inmates, diagnosed with severe mental illness, spend most of their days alone in these cells.

During the hour or sometimes more that they are out, they take outdoor “recreation” in steel cages, watch a group TV, visit the library or classroom, or receive counseling and related services. When they shower, liquid soap is poured into their palms, since a bar could be used to attempt self-asphyxiation, or, wrapped and swung in a towel, used as a weapon.

These men on D-mod, home of the Observation and Stabilization Unit, are among the sickest people at the ACI.

Galligan says their care has improved since Cerbo was hired in late 2011: correctional officers have undergone training and they belong to mental-health teams created by the clinical director. Galligan says his job these days includes what he calls “a social-worker aspect.”

“We don’t throw them in a cell and forget them,” he says. “We try to make it a little bit better, rather than exacerbate the situation. We get them medicated, we get them compliant, we get them stabilized.”

“We work together,” Cerbo says. “We have to understand their perspective and they have to understand ours.”

The same approach, says Cerbo, is used elsewhere at the ACI, including in High Security’s other modules. According to department spokeswoman Susan Lamkins, 17 of High Security’s 94 inmates, as of last Monday, were classified as “high risk” — men diagnosed with schizophrenia, post-traumatic stress disorder and other severe disorders who have exhibited unruly, self-injurious or suicidal behaviors. Another 31 were classified as “moderate to low-risk mentally ill offenders.”

Treatment teams include doctors, social workers, and education and discharge-planning specialists, according to Cerbo. ..Continued.. by G. WAYNE MILLER, JOURNAL STAFF WRITER

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Researchers: Decriminalized Prostitution in Rhode Island Led to Fewer Rape, Gonorrhea Cases

7-19-2014 Rhode Island:

A loophole in Rhode Island law that effectively decriminalized indoor prostitution in 2003 also led to significant decreases in rape and gonorrhea in the state, according to a new analysis published by the National Bureau of Economic Research.

“The results suggest that decriminalization could have potentially large social benefits for the population at large – not just sex market participants,” wrote economists Scott Cunningham of Baylor University and Manisha Shah of the University of California, Los Angeles, in a working paper issued this month.

Mr. Cunningham and Ms. Shah got an opportunity to study the effects of decriminalized prostitution on crime and public health because Rhode Island lawmakers made a mistake. A 1980 change to state law dealing with street solicitation also deleted the ban on prostitution itself, in effect making the act legal if it took place indoors. The loophole apparently went unnoticed until a 2003 court decision, and remained open until indoor prostitution was banned again in 2009.

As you might expect, the economists found that decriminalizing indoor prostitution was a boon to the sex business. “Decriminalization decreased prostitute arrests, increased indoor prostitution advertising and expanded the size of the indoor prostitution market itself,” they wrote.

Rhode Island also saw “a large decrease in rapes” after 2003, while other crimes saw no such trend in the state, they wrote. There also was “a large reduction in gonorrhea incidence post-2003 for women and men,” they wrote.

The economists then used several economic models to track the decriminalization’s effects versus other possible causes. They found “robust evidence across all models that decriminalization caused rape offenses and gonorrhea incidence to decrease.” One model estimated a 31% decrease in per-capita rape offenses and a 39% decrease in per-capita female gonorrhea cases due to the decriminalization of indoor prostitution.

In the paper, they speculated about several possible reasons for the declines. For instance, they wrote that it’s likely at least some of the decrease in rapes was “due to men substituting away from rape toward prostitution.” And the decrease in gonorrhea jibes with “other empirical evidence showing that prostitutes who work indoors practice safer sex and are less likely to contract and transmit STIs,” they wrote.

In any case, Rhode Island’s experience provided a window into understanding the potential consequences of politically sensitive policy questions surrounding sex work. “Indoor prostitution was ultimately re-criminalized in 2009, but from 2003 to 2009, Rhode Island was the only state in the U.S. with unbridled decriminalized indoor prostitution and prohibited street prostitution with the decision being made in such a significant and unanticipated way,” Mr. Cunningham and Ms. Shah wrote. ..Source.. by Ben Leubsdorf

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RI Gov Chafee signs law restricting employment of sex offenders

7-10-2014 Rhode Island:

Carnivals, arcades, movie theaters, public libraries, beaches and pools are among the facilities banned from hiring registered sex offenders as employees under a new law signed by Governor Chafee on Wednesday.

The bill groups those facilities and a number of others into a category called “child-safe zones.” Any entity falling into that category cannot hire any individual who is a registered sex offender or should have registered as a sex offender. The law applies to offenders from any state whose victims were minors.

Chafee signed the legislation, but urged the General Assembly to consider future revisions to the law he described as vague and overly broad.

He said the law’s effectiveness may be jeopardized as it includes a number of facilities, such as movie theaters, pools and beaches, which are not primarily used by minors.

“The act also appears to prohibit employers or third-party contractors from hiring registrants who work off-site and are never physically present at the child safe zone,” Chafee said. “These prohibitions do not advance the child safety goals of the act and only impede the important goals of offender re-entry and rehabilitation.”

The legislation also defines child-safe zones as child care facilities, elementary and secondary schools, playgrounds, health-care facilities for minors, and any place intended primarily for use by minors.

Individuals who make the final hiring decisions for any entity wrongly employing a sex offender will be subject to a fine of up to $1,000 a day for each day the offender is employed.

Misrepresenting sex-offender status to gain employment is a felony offense punishable by five years in prison and a fine of up to $5,000, according to the law. ..Source.. by Jennifer Bogdan

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New "child safety zones" protecting children from sexual predators

6-22-2014 Rhode Island:

With the passing of the House bill-7764 (Senate bill SB-2751 Concurred w/Amendment), lawmakers are designating the first-ever “child safe zones” in Rhode Island.

These “safe zones” aim to shield children from sexual predators.

The bills prohibit registered sex offenders from working at any programs, services, or places, intended primarily for kids.

A “child safe zone” is defined as any facility where is a minor is present, such as movie theaters, libraries, elementary and secondary schools, arcades, fairs, carnivals, playgrounds, recreational or sport-related activity areas, swimming pools, beaches, and health care facilities intended primarily for minors when a minor is present.

Any individual responsible for hiring a registered sex offender is subject to a $1,000 fine for each day that the offender is employed.

Any offenders who purposely omit their registration status to an employer of a child safety zone would be guilty of a felony, facing up to 5 years of imprisonment and/or a fine of $5,000. The same charges go to offenders who own or operate an entity that is a child safety zone.

The act also requires inquiry as to the sexual registration status of potential employees, operators, and owners.

The act is sponsored by Rep. Mia A. Ackerman on behalf of Attorney General Peter F. Kilmartin. ..Source.. by Jennifer Petracca

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In Rhode Island, tracking juvenile sex offenders once they’re adults

4-27-2014 Rhode Island:

Over the years, hundreds of juveniles in Rhode Island, as young as 13, registered as sex offenders.

When they became adults, the onus was on them to make sure they remained registered for as long as the law required.

Some did. Some didn’t.

It was years before law enforcement realized that dozens had disappeared.

Now, the police are trying to find them.

Flagging the problem

Rhode Island has no central registry for sex offenders, including juveniles. The attorney general’s office has tried for years to get the General Assembly to pass legislation supporting a registry that would assist law enforcement in tracking and managing sex offenders.

Instead, sex offenders register where they live, work and go to school with local police. Unless they are still on probation, the police are the only ones who are keeping track of them — which can leave one officer monitoring hundreds of people in large communities.

“Everybody’s got files,” U.S. Deputy Marshal C.J. Wyant says, “but nobody knows where the information coincides.”

The issue of some juveniles not being registered when they became adults first came up soon after Wyant formed SOLEMN, Sex Offender Law Enforcement Multi-disciplinary Network, in 2007 to bring together all of those who deal with sex offenders in Rhode Island.

The network included law enforcement, probation and parole officers, state prosecutors and those who treat victims and sex offenders.

At one of their first meetings, the attorney general’s office raised the red flag: some youths found guilty of sex crimes who were required to register when they became adults, at 19, didn’t.

For unknown reasons some didn’t go through the Sex Offender Community Notification Unit that evaluates sex offenders and determines the danger they could pose to the community.

Therefore, the offenders weren’t tracked by the police, and the community wasn’t notified of the whereabouts of those most likely to re-offend.

“The way I looked at it: here’s a problem. How do we fix it? How do we go forward?” Wyant said. “For the guys that were missed, it’s such a large animal. How do you deal with it?”

Identifying the number

Before 2000, juvenile offenders had to register for 10 years. After that, they were required to register for up to 15 years, depending on the severity of the crime.

But that hasn’t happened.

In the last three years, the attorney general’s office and law enforcement have been going back through Family Court cases, looking for juveniles who were found guilty of sex crimes and ordered to register.

Special Assistant Attorney General John Moreira, chief of the juvenile prosecution unit, said they reviewed the cases for the last 15 years and found 104 former juvenile sex offenders who needed to be investigated to determine if they were registered.

Some, they found, were properly registered as sex offenders. Some had committed crimes as adults and were locked up. Some may have moved to other states, the police believe. And others hadn’t committed any new crimes, but failed to register.

How many failed to register? That number varies, as law enforcement tracks down some and gets new cases uncovered by the attorney general’s office.

To address the problem for the future, Moreira and Kevin McKenna, the associate director of juvenile corrections at the state Department of Children, Youth and Families, came up with an “exit form” to explain the registration mandate to juvenile offenders when they turn 19 and end probation.

The only ones who know the registration must continue are the offender and the local police. “Is it 100 percent comfortable? No. These are young people,” McKenna said.

The task force

A packet as thick as a person’s thumb sits on a desk in the SOLEMN office at the U.S. Marshals Service office in downtown Providence.

Pulled together by the attorney general’s staff, it lists names of adults found guilty of sex crimes as juveniles. It also lists their crimes, the number of years they must register, their probation officer and the “level” that determines how likely they are to re-offend.

Most have no level, meaning they never ended up before the sex offender community notification unit, which reviews their cases.

Even though the list has home addresses, the information is often out of date. Most have “fallen off the grid,” says Officer Steve Lombardi, who tracks Warwick’s 100 registered sex offenders, and who worked on the juvenile sex offender project for SOLEMN last year.

“Some probation officers were very savvy and told them they had to register. Some sex offenders knew the obligation and were compliant,” he said. “Some of them were certainly skating this system. Some of them, I have no doubt in my mind, had no idea. It’s a mix of arrogance and ignorance.”

To Lombardi, the real story is — what happened with those who didn’t register? Who were they around? “We’ll never know. Who were they living with? Were there kids around?” ..Continued (A Massive Report).. by Amanda Milkovits

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Law aims to prevent sex offenders from working near kids

Talk about a Fox in a Henhouse, here we have lawmakers making claims which have no foundation. Just because a RSO has a former conviction related to a child -and possibly unrelated to available job-, is no reason to exclude him/her from working in 100% of available jobs at places where children may -at certain hours of the day/week/etc.- be present. Each available job description (situation) needs to be evaluated on a case-by-case basis. 100% exclusion violates EEOC discrimination rules which require evaluating circumstances. ( Does Lord Acton's comment apply here: Power corrupts; absolute power corrupts absolutely ? )

3-21-2014 Rhode Island:

A bill put forward by the Rhode Island Attorney General’s office would punish certain businesses if they “knowingly” hire a sex offender whose victim was a minor.

The proposed law would fine the entity $1,000 a day for every day the employee worked there unless the worker lied about his status as a sex offender when they apply.

“The only onus on the business is to ask the question, there is no fiscal cost unless the business hires the person knowingly,” Attorney General Peter Kilmartin said. “If the employee lies to the employer, [the offender] will be subject to a five year felony and a 5,000 dollar fine.”

The primary sponsors of the bill are State Representative Mia Ackerman, D-Cumberland and State Senator Stephen Archambault, D-Smithfield.

Kilmartin said his office proposed the bill after a Target 12 investigation revealed a convicted sex offender was working as an electrician at Rhode Island and Hasbro Children’s hospitals.

Joe Moitoso, 56, of East Providence, pleaded no contest to second degree sexual assault in 2012. The victim was 18 years-old when she went to police, but court records reveal she said the assaults started when she was at the age of 13.

“Needless to say that raised a lot of red flags and a lot of concern,” Kilmartin said. “We want parents and children to feel safe when they go to activities that children would normally participate in or would have to go into in a hospital setting, like Hasbro Children’s Hospital.”

The bill – called “the child safes zones” law – has a list of businesses and non-profits that would fall under its jurisdiction, including movie theatres, schools, arcades, beaches and health care facilities “intended primarily for minors or when a minor is present.”

Carolyn Medeiros the Executive Director of Alliance for Safe Communities – an organization that pushes for tougher crime laws – helped carve out the wording for the bill.

“It’s putting the fox in the hen house. It’s a no-brainer, you don’t do that,” Meideros said. “Legislators should use every reasonable tool available to them to keep our children safe.”

Medeiros said she was “shocked” when she learned the state did not have a law preventing registered sex offenders from working at businesses in which children frequent.

“I think we need to be proactive not reactive,” Medeiros said. “It’s not a matter of if something will happen in the state its when.”

In the Moitoso case, Lifespan Hospital Group originally defended their decision to keep him on the job, but then terminated him two days after Target 12 began to go public with its findings.

At the time a spokesperson said they made the move because they learned Moitoso’s request to be reduced to a level one sex offender had been denied.

The Rhode Island Sex Offender Community Notification Unit has deemed him a Level II, which means the state has classified him as a “moderate risk to reoffend” and his information is posted online. ..Source.. by Tim White

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Comprehensive sex offender legislation introduced

3-10-2014 Rhode Island:

Rep. Peter G. Palumbo (D-Dist. 16, Cranston) has introduced legislation, in conjunction with the Office of the Attorney General, to replace existing sex offender laws with a more comprehensive statute, the Sex Offender Registration and Notification Act (SORNA), which implements provisions of the federal Adam Walsh Child Protection and Safety Act.

The bill proposes a new mechanism for “tiering” sex offenders and places control of the registry under the State Police. The bill (2014-H 7425) is before the House Committee on Finance. ..Source..

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Comprehensive sex offender legislation introduced

2-22-2014 Rhode Island:

STATE HOUSE – “As long as there is one sex offender out there that we cannot account for, there is the potential for great harm, the potential for another victim,” said Representative Palumbo (D-Dist. 16, Cranston).

Representative Palumbo has again this year, in conjunction with the Office of Attorney General Peter F. Kilmartin, introduced legislation to enact the Sexual Offender Registration and Community Notification Act (SORNA), striking existing language in state law and replacing it with a statute the sponsor says will provide greater protection for Rhode Island citizens.

“This is a significant piece of legislation, a comprehensive bill that encompasses a number of issues regarding sex offenders and public information about them. But it is really about just one thing – keeping people, and especially young people, safe from sexual predators,” said Representative Palumbo.

Representative Palumbo spearheaded Rhode Island’s enactment of Megan’s Law, which requires the state’s parole board and courts to evaluate all sexual offenders leaving prison and determine the risk posed to the community, and also Jessica’s Law, which requires first-degree child molesters and Level 3 sex offenders to wear a global positioning system monitor.

For Attorney General Kilmartin, passing SORNA is not only about a more comprehensive law that implements the provisions of the federal Adam Walsh Child Protection and Safety Act, it is also about greater protection for Rhode Island citizens.

“It is a priority of the Office of Attorney General, and me personally, to advocate for laws that better protect our community and, more so, laws that better protect our children from child sex offenders,” said Attorney General Kilmartin. “The SORNA legislation will give greater protections for the citizens of Rhode Island and will give law enforcement the information to keep sex offenders accountable.”

The bill being introduced this year by Representative Palumbo (2014-H 7425) is identical to the legislation he sponsored last year, which was passed by the House of Representatives but not taken up by the Senate.

The act would:

Provide for the registration and notification of those adults adjudicated for a sex offense and those juveniles adjudicated as an adult for a sex offense. ..Continued.. by Representative Palumbo Press Release

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RI bill would require convicted murderers to register with police when released

1-17-2014 Rhode Island:

A bill pending in Rhode Island's General Assembly would require convicted murderers to register with local police when they are released from prison.

The registry would be similar to the existing sex offender registry. Convicted murderers released from prison would have to notify local authorities.

The legislation was introduced this week by Sen. Leonidas Raptakis and Rep. Raymond Hull. Hull says residents should know if there's a convicted murderer in their community.

Other bills proposed this year would seek to make it harder for convicted murderers to win early prison release.

Hull, a Providence Democrat, expressed concern last year after the early release of Alfred Brissette, who served 13 years of a 35-year sentence for killing a Woonsocket woman that he and an accomplice picked at random. ..Source.. by The Republic

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Cities and Towns with the Most Registered Sex Offenders in RI

Hummm, issue about numbers? Well consider, if truth be told and all adults -not on the registry- divulged their youthful indiscretions that, today would be sex offenses, well numbers are very likely to be sky high. Right?

11-19-2013 Rhode Island:

According to the Rhode Island Sex Offender Community Notification Unit, there are currently over 500 registered sex offenders living in the state of Rhode Island -- and while some communities have no offenders listed, the rates vary from single digits, to over three figures in some of the state's larger cities.

The online database states that the offenders have "served the sentence imposed by the court," and that the notification is "not to increase fear in the community. It is the belief of law enforcement that an informed public is a safe public."

With recent arrests ranging from an East Greenwich school bus monitor for possession of child pornography as part of a sting of 11 individuals, to this past weekend's arrest of AAU basketball coach Jason Elliot, GoLocal looked at data by city and town to determine which communities had the highest numbers of registered offenders.

"Almost every sex offender will be released, and back living in our communities," said Day One Executive Director Peg Langhammer. "It's important that they're registered and accounted for, and in touch with probation. This should include both supervision, and treatment." Day One's mission is to reduce the prevalence of sexual abuse and violence, and to support and advocate for those affected by it.

Langhammer continued, "The reality however is that most sex offenders are known to the victim. That's not to say that we shouldn't be aware of who's in the community -- what we know is that's not the norm."

"People should be aware, and have a right to know, who might have registered in their towns, but we should also be talking about the other signs with our children. Grooming, for instance -- if anyone does anything to make them uncomfortable, they need to talk about it."

In Rhode Island, sex offenders are classified based on their "risk to re-offend", with classifications labeled as Level 1 for "low-risk" offenders, Level 2 for "moderate risk offenders" and Level 3 for "high risk offenders"

Website information about a sex offender is available to the public only if the Sex Offender Board of Review has classified the offender as a Level 3, or as a Level 2 as of January 1, 2006. Per Rhode Island Law information pertaining to Level 1 sex offenders cannot be posted on the website -- and the risk level has been determined based largely on the offender's potential to re-offend.

Federal Law -- and State Compliance

Under the federal Adam Walsh Child Protection and Safety Act of 2006, Rhode Island was required to implement federal SORNA (Sex Offender Registration and Notification Act) provisions by July of 2011 or lose 10 percent annually in federal Byrne Grant Funds, which are used to finance state and local law enforcement programs.

"The State is currently not in compliance with federal law, as the state must pass legislation to bring Rhode Island into compliance with the federal Adam Walsh Act. The AG filed legislation last year (and previous years) to bring Rhode Island into compliance, however it failed to get passed. Last year, SORNA legislation passed the House but not the Senate," said Amy Kempe with the Rhode Island Attorney General's Office. ..Continued.. by Kate Nagle, GoLocal Contributor

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Assistant Attorney General Joee Lindbeck says Providence spent $50,000 in one year notifying schools about sex offenders living in the vicinity

5-12-2013 Rhode Island:

Rhode Island state law and state Parole Board guidelines say residents in the community must be notified if a Level 2 or Level 3 (moderate or high-risk) sex offender is living in their neighborhood. Notifications are also supposed to be sent to schools, police departments, daycare centers and community organizations that might have contact with the offender.

The costs associated with that requirement were raised at an April 11 hearing before the House Finance Committee. At issue was House bill 5557, submitted at the request of the attorney general's office, which would revise the state's sex offender registry system to comply with federal guidelines.

Under the bill, responsibility for notifying residents, schools, community organizations and businesses such as daycare centers about sex offenders living in the vicinity would shift from city and town police departments to the Rhode Island Department of Public Safety, which includes the state police.

During the hearing, two witnesses made interesting comments about how the proposal would cut notification costs for cities and towns.

One was Rep. Peter Palumbo, D-Cranston, whose statement is being fact-checked separately.

The other -- and the subject of this item -- was Joee (pronounced Joey) Lindbeck, a special assistant attorney general who heads the office's Legislation and Policy Unit.

"Two years ago Providence alone spent $50,000 a year notifying the School Department" about sex offenders. "This act would allow for e-mail notification alone," she said.

That seemed like a lot of money, so we decided to check that portion of her statement.

Because the data came from a report from the attorney general’s office, we made that our first stop. That office sent us a 2012 PowerPoint presentation that included cost estimates from several communities. There was quite a range.

We've ranked the communities by the number of current Level 2 and Level 3 offenders (listed in parentheses) because a community that tends to have more offenders is going to have to spend more. It's important to note that the number of offenders may have been different when these cost estimates were developed and that some may have ended up back in the Adult Correctional Institutions on a new charge or violating probation after they registered.

SEE CHART in original:

When we asked about the source of the Providence number, the attorney general's office produced a memo from Police Chief Hugh Clements reporting the cost was "approximately $50,000 [that year] for the registry and notifications. [Detective Teddy Michael] indicated that the bulk of the cost is related to the notifications to the schools." Providence currently has 39 schools.

So the $50,000 was not just for school notifications, although most of it was.

David Ortiz, spokesman for Mayor Angel Taveras, said the total was $65,000 in 2009, $36,000 in 2010 and $55,000 in 2011.

How much of that was spent on school notifications?

Ortiz referred us to the Police Department, where Detective Sgt. Philip Hartnett, recently put in charge of Providence police's special victims unit, said firm numbers are not available. He said Detective Michael estimated that the schools took up roughly 60 percent to 65 percent of the money.

The costs were high, Hartnett said, because in 2011, the department has routinely sent notices to individual homes of students, although it was not required.

"There are 26,000 students in Providence and it had to be something like that two years ago," he said. "I was amazed by that myself, but it was out of an abundance of caution. The law actually says to notify the schools. They took the step to notify the parents of all the students."

Christina O'Reilly, spokeswoman for the Providence School Department, said when it gets a notice from police, it generates labels for all the students attending each school located within a half mile of a Level 2 offender or within one mile of a Level 3 offender. The labels go to the Police Department, which sends out the mailings, 45 of which have gone out since September. Bus drivers and principals are also notified by the School Department.

Hartnett said there are efforts underway to streamline the system. "Now we are trying to set up an automated telephone system so that a call would go out to each student when we notify the school."

The department was also trying to come up with posters, but with so many sex offenders to track in Providence, the posters quickly became outdated, he said.

As Lindbeck told us, "The real problem is, they move so much and you have to redo this every time they move."

Our ruling

Special Assistant Attorney General Joee Lindbeck testified that "two years ago Providence alone spent $50,000 a year notifying the School Department" about residents in the state's sex offender registry.

She was correctly quoting a memo regarding the approximate dollar amount but incorrectly attributed all of the spending on notifications to the School Department.

On the one hand, everyone we spoke with said the biggest chunk of money went for school notifications. On the other, it's clear from the people with whom we spoke that a significant chunk of that money went to notifying other entities as well.

We rate her statement Half True. ..Source.. by PolitiFact Rhode Island

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Rhode Island State Rep. Peter Palumbo says it costs $5,000 to $6,000 to warn Cranston neighbors that a Level 3 sex offender lives in their area

5-12-2013 Rhode Island:

hode Island state law requires officials to notify neighbors when dangerous sex offenders move into their community. Under a bill proposed by the attorney general’s office, the responsibility for making those notifications would move from cities and towns to the state.

During an April 11 hearing on the proposal, House bill 5557, there was discussion of the current cost. (We've written about one such statement by Special Assistant Attorney General Joee Lindbeck in a separate item.)

Rep. Peter Palumbo, D-Cranston, the bill's chief sponsor, said the change would save money for municipal government because their notification costs would disappear.

"I know [in] the city of Cranston it's somewhere between $5,000 and $6,000, I believe, per Level 3 registered offender," he said. "That's what it's costing now to notify the people in the neighborhoods if we have a Level 3 sex offender in there." Level 3 offenders are regarded as most likely to get into trouble again.

The state's website listing sex offenders shows 52 Level 3 offenders registered in Cranston. If Palumbo’s claim were true, the city must be spending a lot of money on notifications.

(That doesn't mean authorities had to make 52 notifications. Police only have to warn residents, schools, community organizations and other groups when an offender moves into the area.)

When we checked Palumbo’s figures with the attorney general's office, it listed Cranston as having spent just $9,137 for 2011. That would be barely enough for two Level 3 notifications if his numbers were correct.

So we went to Cranston Police Chief Marco Palombo to try to reconcile the numbers. The chief sent us a detailed accounting.

In 2011, the department sent out notifications for seven Level 2 and four Level 3 sex offenders at a total cost of $7,203. (The chief said the $9,137 figure included registration costs.)

Based on the accounting, that averages out to $655 per offender. The costs were similar whether the offender was designated Level 2 or Level 3.

So when Representative Palumbo said that it cost between $5,000 and $6,000 to notify people that a registered Level 3 sex offender has moved into a Cranston neighborhood, his estimate was about eight times too high.

We rate the claim False. ..Source.. by PolitiFact Rhode Island

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Rhode Island State Rep. pushes new sex offender bill (SORNA)

See also: "Cranston's Rep. Palumbo Introduces Comprehensive Sex Offender Bill." Bill is here.

2-25-2013 Rhode Island:

PROVIDENCE, R.I. (WPRI) -- A state Representative has introduced a bill that would create a much more rigid sex offender registry in Rhode Island.

State Rep. Peter G. Palumbo (D - Cranston) has been actively pushing bills that increase transparency of convicted sex offenders, and he is working now to enact a comprehensive sex offender registration and notification act (SORNA).

SORNA would create an offense-based tier system, classifying offenders according to the risk they pose to their environments. It would also make sex offender information public via a notification website with search capabilities and a function that enables users to receive email alerts when sex offenders commence residence, employment or school attendance within the state.

"As long as there is one sex offender out there that we cannot account for, there is the potential for great harm, the potential for another victim," said Rep. Palumbo.

Currently, local law enforcement agencies are responsible for provide notification on the whereabouts and activities of registered sex offenders. SORNA would give that responsibility to one central agency: The R.I. State Police.

"By making one central agency... responsible for this process will free up local law enforcement resources and save communities money," said Rep. Palumbo.

Supporters of the bill include Attorney General Kilmartin, Rep. John DeSimone (D - Dist. 5, Providence), Rep. Raymond Johnston, Jr. (D - Dict. 61 - Pawtucket), Rep. John Carnevale (D - Dist. 13, Providence) and Rep. Donald Lally, Jr. (D - Dist. 33, Narragansett). ..Source.. by Chris Raia

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