Sex offender supervision unit ending in WV

8-18-17 West Virginia:

HUNTINGTON - West Virginia's intensive supervision office, which employs dozens of officers who have spent nearly a decade herding hundreds of sex offenders, will end in September.

The termination of the ISO program comes after a June 26 order signed by West Virginia Supreme Court of Appeals Chief Justice Allen Loughry, which calls for "consolidation and reformulation" of the state's probation office.

In 2003, the West Virginia Legislature passed a bill allowing - but not requiring - up to 50 years of supervised release for certain sex offenders. Through the Child Protection Act of 2006, extended supervision became mandatory for anyone convicted of a sex crime. In very special and rare cases, a lifetime supervised release is possible. The ISO was then created in 2008. ..Continued..

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Dozens of probation officers who keep tabs on W.Va. sex offenders to lose jobs

7-27-17 West Virginia:

BECKLEY, W.Va. (WVVA) Thirty-nine people responsible for keeping tabs on the more than 650 sex offenders living in West Virginia will soon be out of a job, according an order signed on June 26, by the West Virginia Supreme Court of Appeals Chief Justice Allen Loughry.

The order effectively eliminates the Intensive Supervision Office (ISO) for Sex Offenders started by Chief Justice Robin Jean Davis as part of the Child Protection Act of 2006.

According to the court's website, the program is comprised of 39 men and women whose only duty is to supervise offenders convicted of sex crimes and serious child abuse offenses. "These officers work out of their vehicles, not offices," the website said.

The website's description of the program continued "in addition to standard work hours, they work holidays, nights, weekends, and hours in between, to make sure offenders are complying with the terms and conditions of their court orders. Extended supervision for these offenders also includes polygraph examinations and electronic monitoring." ..Continued..

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Beckley woman arrested for failure to register as sex offender

If it is true, and I doubt it, that passwords are required, then the state needs to be sued for invasion of privacy. Everyone is permitted to remain anonymous to exercise their Free Speech rights.

UPDATE: As we thought, passwords are NOT required! Search to see what is required..will the media get anything right?

8-13-15 West Virginia:

West Virginia State Police have arrested Carrie Jo Bevel, 26, of Beckley for failing to register as a sex offender. She was arrested on probationary violations along with 3 felony counts of Failure to Register Sex Offender.

Bevel is a registered sex offender in Raleigh County and must register due to a conviction of 3rd Degree Sexual Assault involving a 5-year-old female in Marshall County, WV. She must register for life due to the victim being minor.

Bevel was originally picked up Wednesday on a probationary hold, involving urinalysis violations. During that time it was discovered that she had failed to register internet account information as required. She was arrested on 3 felony counts of Failure to Register as a Sex Offender, all first offenses with a potential 1-5 year sentence each count.

Sex offenders are required register internet information to include registering internet providers and accounts, emails, usernames and passwords associated with any internet accounts. Registered sex offenders are also not allowed to maintain Facebook accounts and Bevel had further acquired a Facebook account under a name different than her own.

Bevel was remanded to the Southern Regional Jail, awaiting arraignment on the felony charges and subsequent probationary violation hearing. ..Source.. by WVNSTV.com

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OP-ED: Legislation will help keep Pa. safe from pedophiles

8-2-15 Pennsylvania, West Virginia:

Twelve-year-old Jeremy Bell did not have to die. Especially under such gruesome circumstances — brutally raped and murdered by his elementary school principal in West Virginia. In fact, that pedophile should not have even been at the West Virginia school.

The story begins in the 1970s, at Prospect Park Elementary School in Delaware County, Pa. Child after child, boys 10 to 12, came forward and told the school officials how the fifth-grade science teacher had groped them and performed sexual acts on them — raping at least one boy. The school, shockingly, took the teacher’s side: The principal wrote the teacher a letter of recommendation and helped him land a new job in Fayetteville, West Virginia.

For two decades, that teacher continued to brutalize children in West Virginia, until one night, 12-year-old Jeremy Bell paid the price: He was raped and murdered by the educator.

As fathers, we wish this tragedy was unique. Sadly, we know better. Last year, 459 school employees were arrested across America for sexual misconduct with children — more than one per day of the year. Twenty-six arrests involved Pennsylvania educators. And, just halfway into 2015, we have seen more than 260 arrests, including 16 in Pennsylvania. And these are just the predators that we have caught.

We cannot find any official source which supports the claim that "459 school employees were arrested last year." That claim was also made in Congress when a bill "PROTECTING STUDENTS FROM SEXUAL AND VIOLENT PREDATORS ACT -- (Senate - March 10, 2015)" was introduced. see "Justice eventually caught up with the killer, and he is now serving a life sentence for that murder. But for little Jeremy Bell that justice came too late. And, sadly, Jeremy Bell is not alone. Last year we had 459 school employees across America arrested for sexual misconduct with the very children they are supposed to be protecting and teaching and caring for. That is more than one per day. And those are just the ones where there was enough evidence to actually prosecute, to make an arrest and to pursue charges. How many others were getting away with this? Frankly, 2015 is not off to a much better start. So far we are 69 days into the new year and there have already been 82 school employees arrested across the country for sexual misconduct with the schoolchildren in their care. "

The official source of school crime is found in "Indicators of School Crime and Safety: 2014" which does not support the 459 claim.

The practice of schools helping a child molester land a teaching job at another school is so common, that it has its own moniker —“passing the trash.”

Together, we are fighting to protect our children from this horrific practice. Being from different political parties, we do not always agree on everything. But all parents can agree that we must keep child molesters out of our schools.

One of us, a member of the Pennsylvania state Senate, helped lead the fight to have the state Legislature adopt the S.E.S.A.M.E. Act. The S.E.S.A.M.E. Act banned passing the trash within Pennsylvania, requiring all schools to conduct thorough background checks with each previous employer and barring them from recommending for future employment those accused of sexual abuse.

But state legislation is not enough. Pennsylvania law cannot stop schools in other states from passing their pedophile employees to Pennsylvania schools.

That is where the other one of us, a U.S. senator, has stepped up, taking the fight to Washington, D.C. Last week, the U.S. Senate unanimously passed Sen. Toomey’s bipartisan proposal to ban passing the trash nationwide. The passage of this federal legislation is a significant step forward toward protecting our children from child molesters.

These efforts show how state and federal officials, working together, can stop the heinous practice of passing the trash.

Pat Toomey is a Republican U.S. senator for Pennsylvania. Anthony Hardy Williams is a Democratic state senator from Philadelphia who represents the 8th Senatorial District. ..Source.. by The Mercury Columns

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Note this comment from another article:
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"Even with the good work done by the law enforcement agents and children advocates here, more than 450 teachers and school employees were arrested last year alone on charges of sexual misconduct with children. That's more than one per day," Fitzpatrick said. "What's more appalling is that these are just the cases we were able to catch. According to the Government Accountability Office, the average pedophile teacher preys on and assaults 73 children over a lifetime." No GAO report supports this claim either.

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Further research has uncovered this possible source:
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More teachers are having sex with their students. Here’s how schools can stop them. 1-20-2015 by Terry Abbott who is chairman of Drive West Communications and a former chief of staff at the U.S. Department of Education.

A 14-year-old student in Florida wrote his cellphone number on a classroom chalkboard because he wanted a classmate he liked to call him. The student indeed was contacted – not by the girl but allegedly by his 32-year-old teacher. Within days, police said, the two were involved in a sexual relationship.

In Pennsylvania, a 33-year-old teacher approached a 17-year-old student at a school dance and began flirting with him, police said. The married teacher then sent the student sexual text messages and photos, along with a video of herself performing lewd acts, according to news reports. The relationship escalated, and the teacher pleaded guilty last month to institutional sexual assault.

Unfortunately, these kinds of stories are becoming more common across the country. In 2014 alone, there were 781 reported cases of teachers and other school employees accused or convicted of sexual relationships with students. My firm, Drive West Communications, has been tracking news reports of sexual misconduct by educators for more than a year. Every week has brought news of 15 young people, on average, who were sexually victimized by the educators entrusted with protecting them. That’s an abhorrent rate and a trend that deserves far more attention from school leaders and policy makers. ..Continued at link above..

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Judge Thompson reveals SOISP

1-29-2012 West Virginia:

WILLIAMSON - The Sex Offender Intensive Supervision Program (SOISP) requires extended supervision for sexual offenders, especially those convicted of crimes against children. Mingo County was one of the first counties in the pilot program. The Containment Model, a provision to supervise sex offenders under the Child Protection Act of 2006 was established as a pilot program in September 2008.

Mingo County Circuit Judge Miki Thompson is a huge advocate of the SOISP. Thompson pointed out that when she was a prosecutor sex offenders would be sentenced and when the jail term was up they would be placed on regular probation. Now, with SOISP, they are placed on a very specialized probation that is more intensive and controlled. Thompson’s goal is to have the communities feel safe and protected from sex-offenders.

“This program is so intensive and so controlled it is the only way I feel the public would be safe with these people out in our communities.” Thompson said. “The specialized probation controls the reading material, monitoring, and internet access, if any, made available to the sex-offender.”

Each sex offender undergoes a Sex Offender Treatment Need and Progress Scale (SOTNPS) assessment and a polygraph. Once the assessment and polygraph are completed a determination will be made to decide if the sex offender poses a threat to the community, is being deceitful, or portrays behavior that causes concerns. If concerns are present the sex offender will be placed on maximum supervision for 6 months and placed on electronic monitoring using the global positioning system (GPS).

The sex offender will have four or more face to face visits in a month with the assigned parole officer. There will be group treatments with a specialized provider and the parole officer may be present at any group session of their choosing.

Polygraph examinations will be no less than one and no more than five per year. An incomplete polygraph result could cause the sex offender to violate parole and be returned to the releasing authority.

The living arrangements are extensive; there is a 1,000 foot restriction on schools and play grounds. There cannot be any minor children in the home. The parole officer will visit and approve the living arrangements.

There are many restrictions placed on employment, a position cannot be maintained close to a child care facility, there are no door to door sales, no delivery positions, no employment can be held at any park and no participation in local Boy Scouts or Girl Scouts.

Caren Bills was appointed Deputy Director of the Division of Probation Services in September 2008. Bills was previously the Chief Probation Officer in Putnam County and has worked as a probation officer in West Virginia since 1991.

Bills explains the program and it’s intensity defining the requirements not only of the probation officers but the extensive plan the sex offenders must follow.

Bills refers to the probation officers as ‘Intensive Supervision Officers’ who work out of their cars, work non-traditional hours and carry smaller case loads. The officers are always on the road and are provided with the necessary tools such as laptops and phones.

The program was developed under the leadership of Justice Robin Jean Davis when she was Chief Justice in 2006 and 2007. Her support was crucial in refining the vision of the supervision protocol. Her work was a continuation of her interest in protecting children in our communities during her “Year of the Child” in 2006 and “Year of the Child, Too” in 2007. ..Source.. by Lil Felix

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New bill further protects school zones from sexual predators

It is important to point out that, nowhere in the U.S. have we seen a reported sexual crime, of a person within a protected place, by a registered sex offender who lives within the proscribed distance to the protected place. These allegations are a mind game played by Lawmakers without any support or evidence of any kind.

1-25-2015 West Virginia:

PRINCETON — A new bill passed unanimously by the West Virginia House of Delegates would prohibit certain sex offenders from loitering within 1,000 feet of a school or childcare facility.

House Bill 2025 would add an additional restriction upon certain convicted sex offenders during a period of supervised release, according to the bill’s text. The offenders would be one that have been “deemed sexually violent offenders or who have been convicted of certain sexual offenses.”

These sex offenders would be prohibited from loitering within 1,000 feet of a school, childcare center or residence of a victim, according to the legislation. In the legislation, the term “loitering” would mean “to linger or be idle in a place when the individual has no particular lawful purpose.”

Under the current legislation, sex offenders are currently banned from establishing a residence within 1,000 feet of a victim’s home, childcare facility or school.

Mercer County Prosecuting Attorney Scott Ash said he had read the text of H.B. 2025. He remembered seeing one case in which a sexual offender officer actually found an offender who was loitering around a playground. Sex offenders get a period of long-term supervision that lasts at least 10 years to life.

“The truth is that it is very hard to tell who is around a school or playground,” he said. Ash said he did not know whether the new provision would have an impact on keeping sex offenders away from children. “I don’t know if that will be of great assistance, but it doesn’t hurt,” he said.

Delegate John Shott, R-Mercer, is one of the legislators sponsoring H.B. 2025. Current law prohibits sex offenders from taking jobs or having residences within 1,000 feet of schools and other places frequented by children, but there were no provisions prohibiting offenders from loitering in those areas.

“There was nothing about just hanging around there and stalking the students or spying on students,” Shott said. “So we decided to add that to cover that situation.”

The next step for H.B. 2025 is to go before the Senate. How fast it moves through the Senate will depend on how many committees will review it and the priority it is given, Shott said. If passed, the bill would go before the governor. ..Source.. by Greg Jordan Bluefield Daily Telegraph

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West Virginia lawmakers seek to combat child sex crimes

Not one word about doing anything differently to reduce alleged crimes; accordingly we see a jobs stimulus request for funding. If they cannot report success with past funding then they do not deserve further funding, the state needs to replace someone!

12-16-2013 West Virginia:

CHARLESTON, W.Va. (AP) — A legislative committee said Tuesday it will seek millions of dollars to combat sex crimes against children by hiring 50 new state troopers, which would more than double the size of this year's class of cadets.

The Select Committee on Crimes Against Children presented a package of proposals aimed at protecting children during a news conference at the Capitol. Despite an austere budget environment, the committee plans to seek $5.7 million in funding for the new troopers and also wants $250,000 in funding for child advocacy centers throughout the state.

"We know this is a difficult budget year. We have a large dollar sign on our Christmas wish list, but we think this issue is critical for our state," said Delegate Barbara Evans Fleischauer, D-Monongalia.

If approved, the funding would authorize West Virginia State Police to expand its overall ranks to a total of about 750. This year's class of cadets had about 20 people enrolled.

Committee chairwoman Del. Linda Phillips, D-Wyoming, said she's had conversations with House leadership about the budget proposals and that through sharing already appropriated funding, "we can do this."

West Virginia State Police said if it is able to enroll 50 new people into its cadet class, it would be able to reassign more experienced troopers to its Crimes Against Children Unit as soon as the replacement troopers are trained and equipped. Currently, 18 troopers are assigned to the unit, said First Sgt. Daniel Swiger, deputy director of the unit.

By 2018, State Police want to have 85 uniformed members of the crimes against children unit in place.

The unit was formed in 2006. Since then, the number of registered sex offenders has grown from 1,675 to 4,178 in 2012. The number of criminal offenses grew from 193 to 909 in that same period. So far this year, the unit's digital forensic section has logged 391 cases, according to state police.

The committee also wants stiffer penalties for those who repeatedly view child pornography and to prohibit child visitation by those who committed a sexual assault. The committee is also calling for the creation of a misdemeanor child abuse crime for creating a substantial risk of injury to a child.

Under current child abuse law, someone can only be charged with a crime if they seriously injure a child. Lawmakers on the committee said the proposal to add a misdemeanor crime for abuse or neglect that puts a child at risk of harm would give prosecutors better options when reviewing cases.

The Legislature's 2014 session begins in January. ..Source.. by BROCK VERGAKIS

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West Virginia AG joins other states in restitution case

11-21-2013 West Virginia:

West Virginia is joining 34 other states in seeking better restitution for children who are sexually exploited.

Attorney General Patrick Morrisey announced Wednesday that the state had signed on to an amicus, or friend of the court, brief in the U.S. Supreme Court.

Morrisey and a bipartisan group of attorneys general filed the amicus brief to give full effect to the Crime Victims’ Rights Act.

The Act was passed by Congress to protect victims and ensure they are able to fully recover the costs and economic losses caused by child pornography.

The brief argues that the Act mandates that district courts order people convicted of child exploitation crimes to pay restitution to the victim to cover any costs related to medical or psychological services; physical or occupational therapy or rehabilitation; lost income; transportation, housing or child care costs; attorneys’ fees; and any other losses suffered by the victim as a result of the offense.

In addition, the states argue in the brief that the language in the Act is clear, and that the purpose of the Act is to ensure that victims of child pornography receive the full restitution they deserve.

Oral arguments from all parties in the case are expected to be presented before the Supreme Court sometime in January. ..Source.. by News Staff

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Mayor defends broad Hurricane sex-offender constraints

10-6-2013 West Virginia:

A 2012 Hurricane city ordinance prohibiting registered sex offenders from being within 500 feet of designated "child safety zones" is still in place, despite questions about whether part of it would have to be repealed for violating constitutional rights.

"There were absolutely no changes made. We feel it is within our right, and the citizens are 100 percent behind it," said Hurricane Mayor Scott Edwards.

The ordinance bars those convicted of sex crimes from entering a number of places in the city, including parks, playgrounds, schools, public pools, skate parks, movie theaters and bowling alleys. Parts of it, including barring sex offenders from public libraries, might infringe on offenders' rights, according to Sarah Rogers, staff attorney for the West Virginia American Civil Liberties Union.

"They could definitely face a civil lawsuit or challenge," Rogers said.

The ordinance also bans sex offenders from entering "recreational areas," which include conservation areas, jogging trails, hiking trails, bicycle trails, recreation centers, water parks, swimming pools, soccer fields, baseball fields and football fields. It also includes "child day-care centers," which it defines as "a day-care center or home which provides regular care to any number of children."

"I think the ACLU is concerned about this ordinance because it's so unclear," Rogers said. "People and their families may be unsure of how to comply. The ordinance's definition of 'child-care facility,' for example, could be any home."

According to Rogers, the ex post facto clause of the U.S. Constitution prohibits governing bodies from enacting laws that punish people "after the fact" -- meaning beyond what their conviction and sentence has required.

"For example, someone who may have served his sentence for an act could go for many years as a productive citizen, and 30 or 40 years later, suddenly they have to abide by these restrictions," Rogers said. "Many courts have found these laws violate the Eighth Amendment prohibiting cruel and unusual punishment."

The ordinance also might infringe on Fifth Amendment rights, Rogers said. The double-jeopardy clause of the Fifth Amendment states, ". . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb."

According to news reports, the first person to be cited under the Hurricane ordinance was given a ticket last week for entering Hurricane City Park.

Edwards said the ordinance was designed to protect children as broadly as possible, and said he introduced the city law after hearing that sex offenders had been watching kids at local parks and pools.

"School grounds and public parks are the two big ones where kids would gather," he said. "The reason, of course, is that we had a sex offender continually hanging around Valley Park, at the Wave Pool, watching little kids with binoculars."

According to Edwards, the ordinance applies to all registered sex offenders in Hurricane, regardless of whether they have children of their own or were convicted of crimes that did not involve minors. The ordinance, however, defines a sex offender as "an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a person under eighteen (18) years of age for which the individual is required to register as a sex offender under West Virginia Code."

"It's legal in other states, as well," Edwards said. "Other states have very similar ordinances logged. I would actually hope that our Legislature would consider making this a state law."

Twenty-seven registered sex offenders live in Hurricane, and three more are employed in Hurricane but are not residents of Putnam County, according to the West Virginia State Police website. Of the 27 offenders registered in the city, all but one were charged with crimes involving a person under age 18.

Another issue that could be created by an ordinance like this is that it has the potential to create "a false sense of security," Rogers said.

"It could take sex offenders from supportive environments, where there is a likelihood they might rehabilitate, and put them in a place where they don't have any support," she said. "We understand that there are dangerous predators, and we don't want them roaming around, but we're not sure this does anything to target people who are actually dangerous.

"These crimes are generally not crimes of proximity, but crimes of relationship." ..Source.. by Lydia Nuzum

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New West Virginia law pairs youth sexting ban with education efforts, diversion

5-12-2013 West Virginia:

West Virginia has new rules that outlaw sexting by youths. But the state is also trying to pair the rules to education and diversion so that young people learn why it's a bad idea to sext and can fix their mistakes without having to register forever as sex offenders.

The Associated Press reported that the law, signed Monday by Gov. Earl Ray Tomblin, makes it illegal for youths to make, possess or distribute photos, videos or other media that show a minor in an inappropriate sexual manner.

The charge would be delinquency, but the law directs the state's Supreme Court to create an educational diversion program that, once completed, could lead to having the delinquency charge dropped.

"That program would show offenders the consequences of sexting, including the potential long-term harm on relationships and school and job opportunities," the AP story said.

Unlike some states, youths caught sexting would not be required to register as sex offenders.

That's important to Maureen Kanka, whose 7-year-old daughter Megan was abducted, assaulted and murdered by a neighbor who had previously been convicted of assaulting young girls. Her efforts helped lead to the crafting and passage of New Jersey's Megan's Law in 1994. It forces sex offenders to register when they move into a community. It was never meant to target juveniles who sext, she said, but it does and that's one of the changes she's pushing for in amendments, including providing more support for parole officers.

“We wanted to make sure that wouldn’t happen under any circumstances,” Kanka told the New Jersey Independent Press, referring to making teens register for sexting.

A state senator sponsoring amendments agreed. “No one is trying to defend sexting, but the intention here is to not have them live with the lifelong designation of ‘sex offender,’” said Sen. Linda Greenstein (D-Plainsboro). “With younger people, you still have the concept of rehabilitation. You don’t want them to make a mistake and live with it for the rest of their lives.”

Sexting charges vary from state to state. The Washington Post carried a story about one case this week from nearby Virginia, where three local teens took videos "of drunken sex acts with fellow teens" and shared them with each other. They each will be tried on charges of child pornography.

"In Virginia, Maryland and many other states, the law has not caught up with the combustible mix of teens, technology and sex that has made sexting an issue. Prosecutors must rely on a patchwork of laws created before the rise of smart­phones to handle such cases," wrote the Post's Justin Jouvenal.

"Some parents and rights groups are calling for a new law that would distinguish sexting from child pornography, create lesser punishments and focus on educating teenagers, not punishing them. But they also acknowledge that young victims can be devastated when embarrassing photos or videos are spread among their peers," the article said. .Source.. by Lois M. Collins, Deseret News

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Several charged with failure to update sex offender registry

3-6-2013 West Virginia:

The WVSP reports that there are approximately 3,500 offenders listed on the registry and the list has grown by more than 400 offenders each of the past three years. Another 1,200 offenders are incarcerated and will be registered when they finish serving their sentences. ..Source.. by Martha Sparks and Debbie Rolen

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State not in line with federal sex offender registry law

5-18-2012 West Virginia:

West Virginia stands to lose about $60,000 in grants for not complying with a federal sex offender registration law, but authorities said compliance would actually cost the state six times that amount.

And enforcing the federal rule is unrealistic in a state where convicted sex offenders outnumber state troopers by more than 5 to 1, said J. Norbert Federspiel, director of the Division of Justice and Community Services.

Known as the Sex Offender Registration and Notification Act, the federal law requires states to use a three-tiered system to classify offenders. Those in the highest tier would be required to meet with authorities at least four times a year to verify information like their current address.

Those in lower tiers would meet with state troopers once or twice a year.

West Virginia, which is one of 35 states not complying with the law, has its own protocol for registering and tracking sex offenders. As of Monday, all but 13 of the state's 3,329 offenders were accounted for.

Under the state's current system, troopers make random, unannounced visits on offenders at least once a year.

Offenders also are required to update their information at their local State Police detachment when they move or change jobs. Troopers verify that the new information is accurate, a process that takes about two hours.

The 24 individuals considered "sexually violent predators" must update their registration every three months. They also receive more frequent visits.

Federspiel said the federal law would change the current procedure and require significantly more manpower.

For example, those who are tier three offenders are required to register as a sex offender for the rest of their lives and must update their registration every three months. Tier One offenders must register for 15 years and tier two offenders are required 25 years.

"It really comes down to do we want to change our law to mirror the federal law and is it worth the cost?" Federspiel said.

Federspiel said compliance with the federal law would require more offenders to update their registration more often.

"Changing from a yearly registration to quarterly would have quadrupled the amount of registration taking place," Federspiel said. "We just don't have the troopers to do that.

"We have roughly 3,000 on the registry and not nearly enough troopers."

Federspiel said the state's size and culture make it easier for troopers to track offenders.

"This is a small state where everybody knows everybody," he said. "If you register all the offenders in a county (troopers) know where they live and can be very aggressive about patrolling that area."

Federspiel said troopers do a good job of staying on top of the registry. He said the State Police's registry is effective even if the state is not compliant with federal law.

States that had failed to comply by last July stand to lose their annual Justice Assistance grants this year. Also known as JAG funding, the grants typically provide law enforcement with money for equipment, overtime and training. ..Source.. by Ashley B. Craig

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State not in line with federal sex offender registry law

5-15-2012 West Virginia:

West Virginia stands to lose about $60,000 in grants for not complying with a federal sex offender registration law, but authorities said compliance would actually cost the state six times that amount.

And enforcing the federal rule is unrealistic in a state where convicted sex offenders outnumber state troopers by more than 5 to 1, said J. Norbert Federspiel, director of the Division of Justice and Community Services.

Known as the Sex Offender Registration and Notification Act, the federal law requires states to use a three-tiered system to classify offenders. Those in the highest tier would be required to meet with authorities at least four times a year to verify information like their current address.

Those in lower tiers would meet with state troopers once or twice a year.

West Virginia, which is one of 35 states not complying with the law, has its own protocol for registering and tracking sex offenders. As of Monday, all but 13 of the state's 3,329 offenders were accounted for.

Under the state's current system, troopers make random, unannounced visits on offenders at least once a year.

Offenders also are required to update their information at their local State Police detachment when they move or change jobs. Troopers verify that the new information is accurate, a process that takes about two hours.

The 24 individuals considered "sexually violent predators" must update their registration every three months. They also receive more frequent visits.

Federspiel said the federal law would change the current procedure and require significantly more manpower.

For example, those who are tier three offenders are required to register as a sex offender for the rest of their lives and must update their registration every three months. Tier One offenders must register for 15 years and tier two offenders are required 25 years. ..For the remainder of this story: by Ashley B. Craig, Daily Mail staff

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Two indicted in sex registry case

Here we see a reporter talking about the national registry, but registrants have no way to update it, registrants only update state registries. States are responsible for updating the "national registry." This is one way, that the Public is misinformed!

5-8-2012 West Virginia:

HUNTINGTON -- Federal prosecutors have indicted two local people on allegations they failed to update their status in the national sex offender registry. Those charged are ___, of Huntington, and ___, of Crum.

___'s case stems from an August 2008 conviction for taking indecent liberties with a child near Wilmington, N.C. That led to him registering as a sex offender in November 2008.

___ then moved to Huntington in June 2011. A criminal complaint states he lived at an apartment in the 1600 block of Madison Avenue and obtained a job at a nearby restaurant.

Despite those changes in his life, the indictment charges that Brewer never updated his place of residence on the national registry.

___'s case stems from a July 2001 conviction for complicity to first-degree rape in Lawrence County, Ohio. That led to her registering as a sex offender in December 2004.

___ moved to Crum sometime between July 2007 and August 2007; however, the indictment charges, she never updated the registration with her new place of residency.

The U.S. Marshals Service conducted both investigations. ..Source.. by CURTIS JOHNSON, The Herald-Dispatch

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West Virginia city limits sex offenders from a long list of places; ordinance may be tweaked

The nonsense continues, one good thing that will come out of all these restrictions, it will be easier for courts to declare this unconstitutional.

2-12-2012 West Virginia:

HURRICANE, W.Va. — A new ordinance in Hurricane makes jogging and bike trails, athletic fields and many other places off limits to registered sex offenders.

The Charleston Gazette (http://bit.ly/xbOCBO) reported Saturday that the law also states sex offenders can't get within 500 feet of a bowling alley and movie theater, even though the city has neither.

A similar law has already been found unconstitutional by a federal appeals court.

The ordinance adopted this month prohibits sex offenders from being within 500 feet of so-called child safety zones. Besides movie theaters and bowling alleys, the zones also include schools, public libraries, arcades, indoor and outdoor amusement centers and parks, public or commercial and semi-private swimming pools, crisis centers or shelters, skate parks or rinks, public or private youth centers and scouting facilities, according to the ordinance..

Hurricane Mayor Scott Edwards said he introduce the city law after he was told sex offenders had been seen watching children at local parks and pools.

"We got reports last year of registered sex offenders hanging out at the parks and those types of locations, watching kids — sometimes even with binoculars," Edwards said. "We didn't have a law to make them leave, even though we knew it was wrong for them to be doing that. I knew I had to do something.

"They also can't loiter, which means they can't go outside the city park by 10 feet and sit with binoculars and watch," Edwards said.

The court case involved a similar ordinance in Albuquerque, N.M. The appeals court said by prohibiting sex offenders from public libraries, the city was limiting a "fundamental right to receive information.

Hurricane Mayor Scott Edwards said he introduce the city law after he was told sex offenders had been seen watching children at local parks and pools.

Edwards said he would address council members and "take that part out."

As for including movie theaters and bowling alleys, Edwards said, "this will cover us in the future."

According to the West Virginia State Police website, there are 28 registered sex offenders currently living in Hurricane.

Those who violate the ordinance will face up to a $2,000 fine, or up to 30 days in jail, Edwards said.

Frank Crabtree, director of the West Virginia chapter of the American Civil Liberties Union, said the broad ordinance raises potential constitutional questions. He said there is a final balance between protecting some while taking away the rights of others.

"Even though this person is paying a penalty to society for whatever they've done, I think there are certain fundamental rights they don't forgo," he said.

Edwards said the ordinance has received overwhelming support. ..Source.. by The Republic

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Hurricane bans registered sex offenders from parks

Allowing for the possibility that the police claims are true, the proposed resolution is absolute nonsense. Does any one think there are NO binoculars that can see more than 500 feet?

2-7-2012 West Virginia:

HURRICANE - The city of Hurricane now has an ordinance banning registered sex offenders from city parks.

Mayor Scott Edwards said there were complaints that sex offenders were watching kids through binoculars at city parks. Police had no law to stop them from doing it, but Tuesday that all changed.

The ordinance creates a Child Safety Zone of 500 feet around parks, schools and other areas where young people get together. Mayor Scott Edwards remembers talking with a city officer about the problem of sex offenders.

"Sex offenders could pull into a park and watch a bunch of little kids play on the playground equipment. I asked him if it happened regular and he said al the time in the summer. He said they sit with binoculars and watch the kids," said Edwards

"It makes me feel safer taking the kids to the park," said Chris Workman of Hurricane.

She and her two kids visit Valley Park in Hurricane on a regular basis. She welcomes the new ordinance

"When I go to the park I don't think there may be someone out there that could be watching my kids, but now with the bill if that were to happen I would feel safer," said Workman.

"I think it's a good idea. I have a grandchild," said Sheila Stewart of Hurricane.

City council unanimously passed the ordinance Monday night and it immediately became law. Now city leaders are looking into the possibility of notifying registered sex offenders of the new ordinance, although they believe they don't have to.

"Many criminals slip through the crack everyday. We catch the ones we can and I will do everything I can to protect the kids," said Edwards.

Penalties for violating the ordinance are a $2,000 fine or 30 days in jail. We asked some area defense attorneys what they thought of the ordinance. Attorney Tom Peyton said the law seems like good public policy but enforcing it may be a different story. ..Source.. by Gil McClanahan, Reporter

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Sex Offender Registry Enters its Fifth Year

8-18-2011 West Virginia:

As states pass the deadline for implementation, a strong debate is still stirring over whether the registry makes a difference.

OAK HILL -- Five years ago, President Bush signed into law legislation making it the law of the land to keep tabs on sex offenders.

The registry was touted as a critical tool for law enforcement to ensure public safety.

It's critics; however, argue that it has made it nearly impossible for offenders to find jobs, homes, and communities, and that it may actually make their situation worse.

John Doe, a registered sex offender in Fayette County, was imprisoned for six months in 1986 for indecency with a minor, a charge which was later upgraded to assault.

When he was released, though, his personal imprisonment continued.

“If I go to McDonald’s, nobody sits by me, speaks to me. I see guys talking, sitting together…they don’t want to sit with me. Nobody comes over and says “how’s it going?” They won’t speak to me because I’m poison,” said Doe.

For the rest of his life, he will have to check in every 90 days with law enforcement to confirm his home address and employer.

“You can’t find a place to live. I’ve been kicked out of places four times. You can’t get into an apartment. Every place I’ve ever been, I’ve been kicked out because of this. I’ve had a stroke from all this stress. You can’t just live by yourself,” said Doe.

While some sex offenders argue it stigmatizes them beyond rehabilitation, law enforcement in Fayette County believe it’s critical to public safety.

“It’s a very good tool. If someone’s around there committing serial sex crimes, it offers us a chance to go after that person before they get another victim,” said Trooper S.A. Murphy, with the West Virginia State Police.

More than requiring states to go public with their database, the legislation expanded the categories of crimes eligible for registration; a move which some say made it more difficult for states to track the worst of the worst.

“It definitely puts a strain on our manpower. It takes away from other things. But overall, I believe the time is well spent, if it can protect a child,” said Murphy. ..Source.. by Anne Moore

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State Police plan county-by-county sex offender compliance sweeps

In part this"compliance check" is illegal. If they are doing what the article claims to registrants not under some form of supervision, then they are doing it illegally! i.e. checking computers hard drives and the like. In addition, U.S. Marshals have no jurisdiction doing home address checks of state convicted offenders, unless the state has already reported a state offender to be out of compliance, so allowing the Marshals to tag alone -for the major portion of the sweep- is a complete waste of taxpayer money.

6-28-2011 West Virginia:

CHARLESTON, W.Va. -- The West Virginia State Police is taking aim at registered sex offenders who have not kept their information up to date.

On Friday, State Police, along with the U.S. Marshals Service, began compliance sweeps of more than 30 registered offenders in Summers County. Police divided up the sweep by where the offenders were located in the county and went door to door to see if reported information was accurate.

They are planning to do these sweeps county by county and already swept Greenbrier County in April, said M.K. Summers of the State Police Crimes Against Children Unit.

The State Police conduct compliance sweeps annually, but these are some of the first sweeps to involve multiple State Police divisions and the Marshals Service, he said.

According to the state Sex Offender Registry Act, anyone convicted of a sex crime or an attempted sex crime is required to register with the police detachment in his or her county of residence. The offender must register their full name and aliases, their home address, their vehicles or motor home, their Internet accounts and screen names and places of employment, among other information.

If the offender changes their address or any other stored information, he or she must report it to the police within 10 days. Any offender violating this law can face felony charges, and if convicted, can be imprisoned for up to five years.

"We do this to make sure they are registered properly. We don't want some of the problems they had in other areas," Summers said

He referenced the story of Jaycee Lee Dugard, a 31-year-old California woman who was abducted when she was 11 by a couple who made her sleep in a tent in their backyard for more than 18 years.

One of Dugard's abductors was a registered sex offender. If California compliance officers were doing their job properly, they would have noticed that a child was living on the premises, Summers said.

"He had been on probation and parole and they still missed that tent in the backyard," he said. "We are trying to avoid stuff like that here."

When a countywide sweep is conducted, all of the sex offenders are grouped on a map by their geographical location. The groups are then assigned to a trooper who leads a team, along with a U.S. Marshal, to work the cases.

Troopers check the offender's premises to monitor who is living there and they also check vehicles to see who they are registered to. They also make sure Internet access is documented because some offenders register their home Internet, but neglect to register the Internet on their cell phones, he said.

Those offenders charged with child pornography or other computer-related crimes are put into a separate group and investigated by officers with computer forensic knowledge. The computers are checked for history and deleted files, he said.

Friday's sweep netted one arrest. It was lad by the State Police, the U.S. Marshals, the U.S. Marshals Fugitive Task Force and about 10 officers from the State Police Crimes Against Children Unit, the State Police Internet Crimes Against Children Task Force, the State Police Hinton Detachment, the state Parole Office and the Summers County Sheriff's Department.

Can Mahmet "Johnny" Crawford, 34 of Hinton, was charged Friday with one count of failing to update information about his physical residency.

Summers said he researched and found that Crawford had previous charges for failure to comply and he will bring a second count against Crawford.

If convicted, Crawford can be imprisoned for up to 25 years. ..Source.. by Travis Crum

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400 Sexual Offenders Registered Last Year

1-19-2011 West Virginia:

State Police released Monday that nearly 400 people were added to the sex offender registry last year. This is up from when statistics were first recorded in 1993.

The number of sex offenders in the state has doubled from 1,468 to a little more than 3,200 this year.

Sex offenders must register once a year, during the month of their birth, with state police, for as long as a judge sentences them too.

This sentencing all depends on the type of crime.

"Anytime anybody has any harmful or offensive contact with somebody with a sexual motivation they could wind up on the sex offender list regardless if there's any intrusion or any penetration or anything like that," explains Harrison County Prosecuting Attorney Joe Shaffer.

No matter what type of sexual crime an offender is convicted of, the same process occurs every time a sex offender goes to state police.

"We finger print them, photograph them, note any changes in their appearance and then we go to their house and verify their address, their cable providers, their internet access and if they're getting mail there," says Trooper First Class J.G. Barker.

While some offenders only have to register for a limited amount of years, others almost always register for life.

"Basically when they offend against children they wind up on the sex offender list for life," says Shaffer.

Prosecutors can even take it further if the crime is what Shaffer calls "so egregious" and can attempt to have the offender deemed a violent sexual predator.

"If in the opinion of the psychologist and the psychiatrist the individual is a high risk to re-offend, then that person could be adjudicated a sexual predator. That person could receive an enhanced sentence as well as supervised release, if they're ever let out of prison," Shaffer explains.

Right now there's 29 registered sexual predators in the state.

No matter what charge a sexual offender has against them, if they fail to register yearly, more charges may be brought against them.

"Sex offenders are arrested for failure to register in West Virginia and it's a felony," says Trooper Barker.

Since 2008 nearly 1,200 sexual offenders have been arrested for failing to register with the state police.

Some didn't register for their regular required yearly registry, while others didn't notify the troopers of changes in their address or jobs. ..Source.. Nicole Porter

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Photog Arrested For Taking Pictures

12-19-2009 West Virginia:

Scott Rensberger took pictures of kids with Santa

CHARLESTON, WV - A freelance photographer is outraged after being arrested for taking pictures.

The dispute revolves around what exactly happened recently at a Charleston, West Virginia mall.

Scott Rensberger says when he took some photos of a child on Santa's lap, a man asked him if he could delete the photos.

He says he complied, but then moments later, Rensberger says police officers approached asking why he was taking photos of kids.

The argument got heated when police say Rensberger started taking photos of the officers, who then arrested him.

Rensberger is now facing battery, resisting arrest and obstructing justice.

"American's gone nuts. We can't take pictures anymore," said Rensberger.

He continued, "Two gentlemen walked into the store and they asked me if I took a picture of Santa and I said yes I did. And they said, my daughter, my child was on his lap, could you delete that picture? And I said, oh, sure."

"These officers approached me, one in particular, and asked me, he said, why are you taking pictures of kids? And I was shocked by that," Rensberger said.

"I snapped off a picture (of the officers questioning him) and at the same time he grabbed my camera, and I reached up with my left hand to catch the camera from hitting the floor and he said don't you touch me," he continued.

Rensberger stated, "He (the officer) said, if your shoulder dislocates, we'll call a paramedic."

"I would never in a million years slap a police officer in any way." “There are people with cell phones everywhere, are we gonna arrest everyone for taking a picture that a child might be, like, this big in the shot?" he continued.

Rensberger says he plans to argue his case in court.

Mall officials meanwhile did not have a comment on their photo policy. ..Source.. MyFoxDC.com

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