Showing posts with label Employment - Laws. Show all posts
Showing posts with label Employment - Laws. Show all posts

December 17, 2010

New Bill in Congress: To Prevent Sex Offenders from being Employed ANYWHERE they might have CONTACT with MINORS, incidental or otherwise!

12-10-2010 National:

S-4029 " Preventing Sex Offenders Access to Children in Our Communities Act of 2010" was introduced by Sen Schumer, Charles E. [NY] (introduced 12/15/2010) Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.

Stated Intent:A bill to protect children from registered sex offenders, and for other purposes.

This bill, if passed into law, WILL become part of The Adam Walsh Act, SORNA section! Further, currently there are FIVE Tiers of unemployed workers in this nation, this bill would effectively create a NEW permanent Tier of unemployed workers, nationally, and relegate these workers to Welfare lines and Soup kitchens.

This is by far the most hateful bill presented by this Senator, as it will certainly PREVENT ANY registrant from being EMPLOYED, with any employer whose establishment ever has a minor present in their establishment [even if in tow with a parent], -OR- from establishing any service [including self-employment] that would ever see a minor while performing that service, for the rest of their lives. There isn't an ounce of this bill that should ever be made law.

For the remainder of what this bill is about: Please review this shocking bill. eAdvocate

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June 20, 2010

Schumer: Close loopholes in sex offender law

6-20-2010 National:

ALBANY -- State laws nationwide prohibit sex offenders from working as school teachers and coaches, but most laws don't cover karate instructors, youth coaches, carnival workers, clowns, magicians, or dance instructors in the private sector when public funds aren't involved.

Sen. Charles Schumer of New York wants to change those circumstances, and is proposing a national measure that would apply to sex offenders in these and other jobs even when their employers don't get public funds. The measure would cover people who are paid or volunteer to do the work.

"Convicted sex offenders should not be able to hold any job or volunteer position where they have interaction with children in New York or across the country, period," Schumer said. "The fact that these sex offenders are able to coach our children's teams, operate rides at fairs, and teach them dance and music is beyond scary and we must take immediate action to stop it. My hope is that my new legislation closes this huge loophole so no children are put into harm's way."

Additional jobs that could come under the measure would be tutors, youth mentors, workers at recreation centers, video arcades, and children's museums.

The measure would require states to pass laws prohibiting employment of sex offenders in those private sector jobs or lose out on specific federal funding.

"Dangerous loopholes exist in local and state laws which allow convicted sex offenders to work in positions of trust where they can have unlimited access to potential child victims," said Laura A. Ahearn, executive director of Parents for Megan's Law and the Crime Victims Center.

Officials with the American Civil Liberties Union and the New York Civil Liberties Union did not immediately return telephone calls seeking comment Sunday on the measure. ..Source.. MICHAEL GORMLEY

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October 6, 2009

WHISTLE - BUT DON'T TWEET - WHILE YOU WORK

10-6-2009 National:

A Majority of Companies Prohibit Social Networking on the Job, CIO Survey Reveals

MENLO PARK, CA -- Workers who want to share the latest news with Facebook friends and Twitter followers will need to wait until after hours or risk violating company policy, a new survey suggests. More than half (54 percent) of chief information officers (CIOs) interviewed recently said their firms do not allow employees to visit social networking sites for any reason while at work.

The survey was developed by Robert Half Technology, a leading provider of information technology (IT) professionals on a project and full-time basis, and conducted by an independent research firm. It was based on telephone interviews with more than 1,400 CIOs from companies across the United States with 100 or more employees.

CIOs were asked, “Which of the following most closely describes your company’s policy on visiting social networking sites, such as Facebook, MySpace and Twitter, while at work?” Their responses: ..For remainder of study.. by Robert Half Technology

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July 5, 2009

NY- Study could ease concerns over hiring ex-offenders

See Carnegie Mellon info (and contact person) about the study below the USA Today news article. Also, while I am quite sure the result of the study would also be applicable to sex offenders, they are exempted from the Second Chance Act. However, if sex offenders had this study it is likely it would help them convince a potential employer to hire them. Please see they are made aware of this study.

7-5-2009 New York:

A study funded by the Justice Department concludes that over time accused robbers, burglars and batterers pose no greater risk to employers than job candidates in the general population.

In a review of 88,000 arrestees in New York state, Carnegie Mellon University investigators found, for example, that after about 7 1/2 years the "hazard rate" for an 18-year-old first-time arrestee for robbery declined to the same rate as an 18-year-old in the general population. For 18-year-olds arrested for aggravated assault, it took about four years to reduce the risk.

Hazard rates are calculated based on the time the suspect remains free from re-arrest. The calculation also accounts for the fact that risk of arrest generally declines with age.

"We believe that our analysis provides the criminal justice community with the first scientific method for estimating how long is long enough for someone with a prior record" to no longer be considered a special risk, according to the study authored by Carnegie Mellon criminologist Alfred Blumstein.

Blumstein and other criminal justice analysts say the ongoing research could ease employers' concerns about hiring former offenders and perhaps spark new legislative proposals to limit the liability for employers who do hire them.

With more than 600,000 people expected to be released from prisons this year and entering the turbulent U.S. labor market, some criminal justice analysts say the research marks an important step to changing the perception that the criminal justice system is a revolving door.

"This attempts to answer the question of when a person can break that cycle (of crime)," says George Mason University criminologist Faye Taxman.

Blumstein says "redemption" for prior offenders has become increasingly difficult as potential employers demand more background checks.

The Society for Human Resource Management estimates that 80% of U.S. employers perform background checks. An estimated 74 million criminal records were contained in automated databases across the U.S., according to the Bureau of Justice Statistics.

"Computerized criminal records can have long memories, and this (study) is intended to provide guidance for imposing some limits to that memory," Blumstein says.

The study focused on three offenses — robbery, burglary and aggravated assault — because they represented some of the largest sample numbers.

Murder was not included in the report and will not be part of future reports, because, Blumstein says, "nobody fully redeems a murderer."

"People are finally starting to get it. They would rather see people working, than to shut people out," says Veronica Ballard, a vice president of the Safer Foundation, which helps ex-offenders find work.

Rep. Danny Davis, D-Ill., a sponsor of the Second Chance Act legislation designed to re-integrate offenders back into society, says any measure that might encourage potential employers to hire ex-offenders is a "powerful" tool. ..Source.. by Kevin Johnson, USA TODAY



When is it Safe To Hire Someone With a Criminal Record?

New Carnegie Mellon Study Provides Empirical Basis For Employers To Use in Assessment of Prior Criminal Records

PITTSBURGH—Carnegie Mellon University researchers have created a model for providing empirical evidence on when an ex-convict has been “clean” long enough to be considered “redeemed” for employment purposes.

The new study, which appears in the current issue of Criminology (June 2009), estimates that after five years of staying clean an individual with a criminal record is of no greater risk of committing another crime than other individuals of the same age. The research comes at a time when President Barack Obama’s crime agenda includes breaking down employment barriers for people who have a prior criminal record, but who have stayed clean since their earlier offense.

“In the past, employers had no way of knowing when it might be safe to look past a criminal record,” said Alfred Blumstein, co-author of the study and the J. Erik Jonsson University Professor of Urban Systems and Operations Research at Carnegie Mellon’s H. John Heinz III College. “Hiring an ex-offender was a totally arbitrary decision. We believe our model can change that and help provide employers with data in making such decisions. Or it can be used by state criminal-record repositories in deciding when a prior arrest is too ‘stale’ to warrant distributing.” Blumstein’s co-author is Kiminori Nakamura, a Ph.D. student at the Heinz College.

The issue of employing ex-offenders has become more of a problem, as a vast majority of larger U.S. employers now perform criminal background checks, Blumstein said. He noted that advances in information technology allow criminal records to be kept longer and to be distributed easily, and employers are concerned about liability risk if the former offender commits a new crime. Blumstein said this makes it difficult for a large number of people who have committed crimes when they were much younger, but have stayed clean since then.

The study, funded by The National Institute of Justice, used criminal-history records of more than 88,000 first-time offenders in New York in 1980. Most committed new crimes within the first few years after their initial arrest, but only a small minority had a new arrest after staying clean for at least five years. After determining whether the offenders had remained clean during the ensuing 25 years, the data on the 1980 offenders was compared against two comparison groups. The study determined that after about five years those in the offender group were at or below the risk of arrest as people in the general population who were the same age. A more demanding comparison is with people of the same age who had never been arrested. Those with a prior record had to stay clean longer, but their risk could be close enough even to that low-risk group.

Future studies will address other states and sampling years to assess the consistency of results. This effort is intended to develop standards for employers and record repositories to help reduce the handicaps imposed on those who had committed a crime when they were younger. ..Source.. Contact: Teresa Thomas
412-268-2900 thomas@cmu.edu

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April 23, 2009

IA- New restrictions on where sex offenders may go, work, volunteer

Listen to Senators discuss the bill.

4-24-2009 Iowa:

As lawmakers begin what could be the final weekend of the 2009 legislative session, the House is scheduled on Friday to consider a bill that would make changes in Iowa's sex offender laws.

Tonight, the Iowa Senate passed the legislation at the urging of Senator Keith Kreiman, a Democrat from Bloomfield.

"This legislation increases supervision of violent offenders, keeps sex offenders from hanging schools and other places children gather and improves the safety of our communities," Kreiman said.

The bill creates new "safe zones" where paroled sex offenders are forbidden, places like schools, parks, day cares, libraries and public swimming pools. The state law which has banned all convicted sex offenders from living within two-thousand feet of a school or daycare will apply only to those who have committed "crimes against children," according to Kreiman.

"This legislation recognizes that regulating where a sex offender spends their days is as important as tracking where they sleep," Kreiman said.

Senator Pat Ward, a Republican from West Des Moines, was among the handful of legislators who worked behind-the-scenes on the bill.

"This bill is an example of what is good in politics. Democrats and Republicans have come together and worked to improve the 2000 foot rule that applies to sex offenders," Ward said. "This is 2000-foot Plus."

Ward argued the new restrictions on where sex offenders may go and what they can do will make Iowa communities safer. For example, those who've been convicted of a sex crime against a child will be barred from working or volunteering at a school, day care or other institution which serves children.

"We worked on this bill not as Democrats, not as Republicans, but as people who care passionately about protecting children from sex offenders," Ward said.

The bill passed the senate on a 49 to 0 vote. Governor Culver issued a written statement early Thursday afternoon, praising legislators for their "bipartisan effort" to improve Iowa's sex offender laws.

Click on the audio link below to listen to senators discuss the bill. ..News Source.. by O.Kay Henderson

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IA- Senate Unanimously OKs Sex Offender Law Change

4-24-2009 Iowa:

DES MOINES (AP) - The Senate has unanimously approved an overhaul of Iowa's sex offender law just hours after Gov. Chet Culver and key lawmakers announced they had struck a deal on the plan.

The Senate approved the compromise Thursday night on a 49-0 vote
with little debate.

House Speaker Pat Murphy says the House will follow suit with approval Friday.

The measure would revamp a state law banning sex offenders from living within 2,000 feet of places children gather. It also would prohibit offenders from being in those facilities without prior approval.

Although the state would retain the 2,000 foot rule, it would apply only to those convicted of the worst offenses.

Law enforcement had sought changes in the law to make it more effective. ..News Source.. by KCRG

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March 17, 2009

AR- Sex Offender's Wife Seeking Private Club Liquor Permit

In another article and HERE they have misreported the reason why the husband was told to leave the bar. However, assuming he was not working, then he can remain in the bar and drink whatever he wants...He is a free man, just can't work at an establishment that serves alcohol..which is true of anyone with a violent felony, in Arkansas.

3-17-2009 Arkansas:

An application a Fort Smith woman has made to the state liquor licensing board for a private club permit will have a notation added to it that her husband is a convicted sex offender, authorities said Thursday.

Jennifer Spence has applied for a private club and retail beer-on-premises permit for a business identified as JAT in the 900 block of North A Street, J.C. Rider, a local agent with the state Alcoholic Beverage Control, confirmed Thursday.

Spence's husband is Johnny Wayne Spence, 43, of Fort Smith, a Level 4 sex offender, which state law describes as a sexually violent predator. Fort Smith police released information Tuesday about Johnny Spence after his status elevated from a Level 3 to a Level 4 sex offender.

When contacted by the Times Record, Rider said he was unaware that Jennifer Spence's husband was a convicted sex offender. He was in the process of reviewing Jennifer Spence's application that had recently been forwarded to him after a criminal history check by State Police.

When Rider contacted Spence's wife, she told him that Johnny Spence will not manage the business or be employed there. The club will be managed by Justin Walksman of Fort Smith, according to the permit application.

Once Rider completes a check of the application and its accuracy, he will forward it to ABC's director, who then makes a recommendation to the ABC board of directors when it meets next month.

"As long as a convicted violent felon doesn't work in there, I don?t see a problem with it," Rider said about the application.

Rider said felons are allowed to work at businesses that serve alcohol if they are not convicted of a violent offense or if the conditions of their parole or sentence allow it. However, any person convicted of a violent felony offense is prohibited from it.

On Tuesday, Fort Smith detective Adam Creek received paperwork from state officials that showed Spence is considered a Level 4 sex offender because of his conviction last year in connection with a sexual assault of a 16-year-old girl. He took the girl to a hotel room, gave her narcotics and tried to have sex with her, Creek said earlier.

Spence's convictions for sex-related offenses include fourth-degree sexual assault, attempted rape and first-degree sexual abuse. His first conviction in 1992 was in connection with an assault of an adult female, police said.

In 1993, Spence broke into the residence of a woman he knew and waited in her house until she arrived. After she got undressed and into bed, he tried to rape her, Creek said. As a result of his conviction on that case, he was required to register as a sex offender and was assessed as a Level 3.

Spence, who resides in the 4900 to 5500 block of Birnie Avenue, used no weapons, but did use force during his assaults, according to information released by Fort Smith police. Because of his criminal arrest pattern, police are concerned that he will reoffend.

Creek said Thursday he learned Wednesday afternoon about Spence?s wife's application to serve alcohol at a downtown business. He plans to discuss the recent information with Rider. He doesn't believe there will be an issue as long as Johnny Spence does not work at the establishment.

Court records show Johnny Spence has been sentenced three times in Sebastian County Circuit Court in the last six years.

On July 12, 2003, Johnny Spence pleaded guilty to residential burglary and breaking or entering that occurred Aug. 1, 2002. He was sentenced to three years in prison plus three years suspended. He was given credit for 298 days already served in jail.

Other plea agreements in Circuit Court include a Feb. 12, 2006, plea, where he pleaded guilty to failure to comply with reporting requirements of the Child and Sex Offender Act that occurred May 9, 2005. Imposition of sentence was withheld for six years on condition of good behavior. He was ordered to pay a $1,350 fine and $150 court costs.

Then on Sept. 30, 2007, Spence pleaded no contest to fourth-degree sexual assault of the 16-year-old that occurred Oct. 31, 2006. Imposition of sentence was withheld for five years on condition of good behavior. He was ordered to register as a sex offender, to participate in a sex offender program and to have no contact with the victim. He was ordered to pay a $750 fine and $150 court costs.

Sex offenders who are assessed at Level 3 or Level 4 pose the highest level of risk to the public, according to the Arkansas Crime Information Center Web site. ..News Source.. by Amy Sherrill

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September 25, 2008

TX- Sex Offenders' Employment to Become Public

9-25-2008 Texas:

Addressing the comment in the video that, "it is a federal law" requiring states to post the places of employment of registrants. Simply put there is no federal law requiring that, with that said, there is a federal "Guideline" under the Adam Walsh Act which permits state legislatures to OPTIONALLY show the place of employment of registrants (See excerpt from AWA at end of commentary).

Guidelines are not laws, and the AWA guidelines are parameters for state legislatures when enacting their state laws. Guidelines do not have to be followed, they are optional under law.

In this writer's opinion, to place the employment online is to deny employment to registrants, no employer dealing with the public -in any capacity- will hire someone listed on the sex offender registry if it will negatively effect the business. Certainly it will and the result will be that the registrant will be terminated. Anyone thinking otherwise is not dealing with the reality of society as it is today.

The states that choose to do this, it is a STATE choice not a FEDERAL law requiring it. Those state legislators are closing their eyes to the reality of the consequences of this decision. What are they, simple, unemployment, welfare, Medicaid bills, and a host of other things which I cannot think of right now.

The point is, if you deny these folks work, you pay their bills and they do not have to pay you back. So, what is the price of safety, money handed to registrants of sex offender registries, or, deny your kids the price of college as one example.

Its time for the public to get SMART because at some point, some percentage of your tax dollars will go for supporting registrants, I'd rather see them working.
eAdvocate



9-25-2008 Texas:

You can already find out where they live, now the government is about to share even more information about sex offenders.

They bag your groceries, sell and service your vehicle, even prepare your food. Chances are you've run into a sex offender while he or she was on the job, and didn't even know it.

-And nothing happened either, also you may have run into a murderer, burglar, robber, DUI or even someone who has killed a child in a fit of rage during a domestic situation.

Come January, that could all change, as nationwide, states list employment locations on sex offender websites.

"It will be new information to the public. It won't be anything new to us because we already collect this information anyway," said Texas Department of Public Safety Trooper Eddie Carmon.

Until now, states just didn't publish it; unlike an offender's address and picture which are already available.

Troopers say its just more information to help you make wise choices about yourself, and your kids.

"Thats the best thing that can come from this, is self protection because the police can't protect you at all times," said Carmon.

"I've got my little girl, so that's definitely something I'd definitely want to know," said parent Richard Pitzer. "I think that's a good thing. If they're gonna be allowed out in the public they should definitely have to say where they live, where they work, everything."

The website won't just be handy for parents, co-workers could use it too.

"Definitely I would," said Brenda Williamson. "I wouldn't want to work with them. That may be not right, but they did wasn't right either."

However, not everybone thinks disclosing that much information about a sex offender is a good idea.

"Entitled to their privacy no matter who it is," said Michelle Manriquez. "Everybody deserves a second chance. Doesn't matter if you're a murderer, everybody deserves a second chance."

Not only will you be able to see where a convicted sex offender works, but the new law mandates that state websites provide information on an offender's convictions in other states. ..News Source.. by Ashlea Sigman

==============================================
Verbatim from The Adam Walsh Act


SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE INTERNET.

(a) In General- Except as provided in this section, each jurisdiction shall make available on the Internet, in a manner that is readily accessible to all jurisdictions and to the public, all information about each sex offender in the registry. The jurisdiction shall maintain the Internet site in a manner that will permit the public to obtain relevant information for each sex offender by a single query for any given zip code or geographic radius set by the user. The jurisdiction shall also include in the design of its Internet site all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website and shall participate in that website as provided by the Attorney General.

(b) Mandatory Exemptions- A jurisdiction shall exempt from disclosure--

(1) the identity of any victim of a sex offense;

(2) the Social Security number of the sex offender;

(3) any reference to arrests of the sex offender that did not result in conviction; and

(4) any other information exempted from disclosure by the Attorney General.

(c) Optional Exemptions- A jurisdiction may exempt from disclosure--

(1) any information about a tier I sex offender convicted of an offense other than a specified offense against a minor;

(2) the name of an employer of the sex offender;

(3) the name of an educational institution where the sex offender is a student; and

(4) any other information exempted from disclosure by the Attorney General.

(d) Links- The site shall include, to the extent practicable, links to sex offender safety and education resources.

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

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

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June 7, 2008

PA- Erie man jailed for Megan's Law violation

This makes no sense whatsoever, with the costs of jails and prisons soaring according to a DOJ Report issued today, it is absurd to send this man to prison for up to 10 years (So sayeth the Adam Walsh Act) at about $25,000.00 plus per year. Lawmakers are out of control!

6-7-2008 Pennsylvania:

An Erie man is in prison for failing to properly file his personal information as a sex offender with local police departments.

State police at Lawrence Park said Thomas L. "Country" Jordan, 54, of Erie, was charged with a Megan's Law violation about 3 p.m. Friday afternoon.

Police said Jordan failed to tell police he had changed his employer.

Jordan was arraigned and taken to the Erie County Prison in lieu of paying $75,000 straight bond. ..News Source.. by GoErie.com

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June 6, 2008

GA- Area challenge to sex offender law dropped

Best guess is, lawsuits are costly and here you have one person trying to fight his issues. Maybe The Southern Center for Human Rights will take up the issue, there is no doubt that lawmakers know that registrants cannot afford these types of actions, and they bet on that!

6-6-2008 Georgia:

Store owner pulls lawsuit

The Jefferson convenience store owner who sued to exempt himself from the Georgia law restricting where sex offenders live and work has dropped his case.

Narinder Chahal, who lives in Lawrenceville, filed suit against the Jackson County Sheriff's Office and the state Department of Corrections on May 20 in hopes of overturning the part of Georgia's Sex Offender Registry statute that bans sex offenders from working within 1,000 feet of a church. Chahal withdrew the suit last Friday, according to court documents filed in Fulton County Superior Court.

A man who answered the phone at Chahal's residence in Lawrenceville said the family had no comment about the reasons Chahal decided to drop the suit.

Chahal, who purchased the Chicken King convenience store and deli in April, has been prevented from working at the Lee Street shop because it is located across the street from Jefferson's First Christian Church.

In his lawsuit, Chahal said that the restriction regarding churches should not apply to him because Chicken King is closed Sunday mornings and Wednesday evenings, when the church typically is most used. Preventing him from running the shop violated his constitutional right to own property because he was unable to make the shop profitable without working there himself, Chahal claimed.

Chahal's attorney David Wolfe, who teaches litigation at Georgia State University School of Law, did not return several telephone calls Thursday.

Gov. Sonny Perdue signed a revamped version of Georgia's sex offender statute May 13 to fix parts of the law that the state Supreme Court had deemed unconstitutional.

The new bill grandfathers in offenders who lived or worked within 1,000 feet of a school, church, day-care center or other places children gather prior to July 1, 2006. ..News Source.. by Merritt Melancon

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March 24, 2008

TX- DPS to post Texas sex offenders' job data

3-24-2008 Texas:

This year, visitors to the Texas Department of Public Safety's Web site can find out where the state's registered sex offenders are working and can sign up for a notification system for their home ZIP code.

The changes, which resulted from a $1.2 million software upgrade, will be welcomed by some North Texans.

In Mansfield, members of one neighborhood group that recently organized around concerns about where sex offenders live say they're glad to get any information they can. Sex offender employment information will help residents keep tabs on those they consider dangerous, said Steve Kyle, a Mansfield father of two who helped organize a recent meeting about a registered sex offender in his neighborhood.

"The guy comes and goes at very odd hours," Kyle said. "In our community, we'd at least be able to know if he's working, and if we knew where he was working, it might give you some indication of when he would be coming and going."

The changes

About 47,000 registered sex offenders live in Texas. Their names, birth dates, addresses, physical descriptions including shoe size and limited information about the conviction for which they are required to register is available on the DPS Web site, said Tela Mange, an agency spokeswoman.

The upgrade came about in part because of federal regulations related to the Adam Walsh Child Protection and Safety Act of 2006, Mange said. That act requires states to comply with a number of disclosure rules by 2010 or risk losing some federal funds. The new features also reflect Attorney General Greg Abbott's opinions about what information should be available to the public.

Twice in February 2007, Abbott issued opinions that law enforcement agencies should release sex offenders' employment information.

Besides work information and e-mail notifications, the new system will also allow people to search for a full listing of sex offenders in their ZIP code. The software doesn't now allow generation of a ZIP code list of more than 100 names, Mange said.

Restrictions in place

Registered sex offenders can be restricted in where they live and work as long as they are on parole or probation.

But those restrictions don't continue after an offender successfully completes supervision.

As a result, many Tarrant County communities, including Arlington, Southlake, Watauga and Richland Hills, have adopted ordinances in the past few years to limit where sex offenders can live, typically more than 1,000 feet from schools or other places where children gather.

In Mansfield, the subject of sex offender residency restrictions has been discussed among city leaders for several months and played a large role in the resignation of the mayor this year. Now, in part because of concerns from Kyle's community, the issue is once again on the City Council's agenda.

Mansfield's Web site has its own listing of sex offenders with a link to the state database. Residents can also sign up for computerized RSS alerts that notify them of any new or changed registration in the city.

Kyle said he didn't know about the city's notification system until after a man convicted of sexually assaulting an 11-year-old girl moved into his Walnut Creek Valley neighborhood.

Now, he said, parents in the neighborhood are cautioning their children more than ever and keeping an eye on their new neighbor. Giving the public more information about offenders would make that easier, he said.

Caution offered

Shari Julian, who teaches in Texas Wesleyan University's criminal justice and sociology department, said she worries that the workplace information could result in "collateral damage" by creating dangerous situations for businesses that have chosen to give a registered sex offender a second chance.

Julian said she's not justifying sex offenders' crimes. But, she said, the state needs to do a better job of separating classes of offenders if authorities are going to continue making more information available about their lives and adding more restrictions.

"We have to figure out who got on there because somebody's dad was ticked off because their 16-year-old daughter was seeing a guy who just turned 20 and they ended up getting married and having kids," Julian said.

Sgt. Cheryl Johnson, who oversees the Fort Worth Police Department's sex crimes, registration, apprehension and monitoring unit, said the addition of work addresses to the registry will be helpful to the public. But she cautions that people need to remember that not every sexual predator can be found by looking on the registry Web site.

"I'm just as concerned about the sex offenders we don't know about as I am the ones that are registered with us," Johnson said.

This report includes material from the Star-Telegram archives.

PROPOSED MANSFIELD ORDINANCE

The Mansfield City Council is scheduled tonight to consider regulations that would apply to registered sex offenders who were convicted of crimes against children younger than 16. Offenders who have completed their probation or parole are not now limited in where they can live. The first of three required votes and the first of two public hearings are set for the 7 p.m. meeting at City Hall, 1200 E. Broad St.

The proposal would:

Prohibit offenders from living within 1,000 feet of a school, day care, playground, youth center, public swimming pool or video arcade.

Forbid renting a house or trailer to an offender not allowed to live within a 1,000-foot safety zone.


Require police to mail alerts to neighborhoods when an offender moves nearby. Police would also notify the school district.

Fine an offender up to $500 for each day of a violation. ..more.. by TRACI SHURLEY, Star-Telegram staff writer

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July 10, 2007

Off to Elba: The Legitimacy Offender Residence and Employment Restrictions

Abstract
Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. These laws fundamentally alter the liberties and freedom of convicted sex offenders to satisfy the ignorant fear of the masses. As a result, residence and employment restrictions which in theory are to protect society, in practice only exacerbate the perceived recidivism problem. When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward and protect those who are politically impotent.

There are times when politicians are hostages to the lusts of their constituents. They dare not oppose bills that, if defeated, would serve only to aggravate those who placed them into office.2 Regardless of whether they actually favor the measures, the political risk is too great not to allow their constituents’ passions to overrun their own common sense. As a consequence, laws are passed with little or no resistance.3 These laws can fundamentally alter the liberties and freedom of a few to satisfy the ignorant fear of the masses. As a result, laws that in theory appear to protect society, in practice only exacerbate the perceived problem. In situations like this, an independent judiciary must do what needs to be done. Because sometimes the desire of the majority overbears individual liberty, it is critical that the courts protect the legitimate interests of "the others."4 When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward and protect those who are politically impotent.5 When it comes to laws that involve sex offenders, the passions of the majority must be tempered with reason. Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. Politicians across the country will approve almost any measure that deals with sex offenders to appear strong on crime.6 Given that the sex offender lobby is neither large nor vocal, it will be up to the courts to protect the interests of this disenfranchised group.7 ..more.. by Joseph L. Lester, Faulkner University

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