Farry bill to better safeguard communities from sexually violent predators signed into law

There is no doubt that this law violates the HIPAA federal law. ACLU where are you?

8-10-15 Pennsylvania:

HARRISBURG >> Legislation authored by State Rep. Frank Farry (R-Bucks) closing a loophole in the reporting requirements of individuals who have been deemed sexually violent predators is now law in Pennsylvania.

“I take the safety of our communities very seriously and I am pleased the governor acted quickly to sign this important piece of legislation into law,” Farry said. “Megan’s Law has done a great deal to better protect the public from sexually violent predators, but there still exists some weaknesses in the law that need to be addressed. My legislation fixes one of those weaknesses.”

House Bill 73, signed into law as Act 20 of 2015, requires businesses that provide counseling services to sexually violent predators to notify the district attorney of the county, and the law enforcement office of the municipality where the provider is located, that such services are being provided.

“One of the best ways to safeguard the public and make the job of our law enforcement officers easier is to know where these individuals live, work and regularly visit,” said Farry. “Sexually violent predators must undergo regular counseling as a condition of release, yet many law enforcement officers working near counseling facilities providing this type of treatment are not notified these individuals are entering their community on a regular basis. My legislation improves that communication to better assist law enforcement.”

The state Sexual Offender Assessment Board assesses every sex offender who must register under the sexual offender registration act, known as the Adam Walsh Act, to determine whether an offender is considered sexually violent. These offenders take the designation of sexually violent offender due to the predatory behavior exhibited when committing a sexual offense. Current law states sexually violent predators must undergo counseling sessions on at least a monthly basis.

Under the new law, if no municipal police jurisdiction exists, a notice must be provided to the local Pennsylvania State Police barracks. Notifications must be provided by Jan. 15 of each year. ..Source.. by Bucks Local News

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Iowa governor introduces LTC sex offender rule

I wonder, will specifically notifying anyone -under the requested bill- be a violation of HIPAA? HIPAA requires privacy of medical information.

A READER POINTS OUT: Sometimes elderly Parkinson's patients become hypersexual because of the commonly used drug Mirapex [an increased interest in sex] that their doctors prescribe in increasingly stronger amounts. Compulsive gambling and sexual abuse have resulted. So who owns the problem? Are the doctors off the hook for their ignorance? Are nursing homes (administration) uneducated regarding dopamine agonist meds [Pathological addiction (gambling, shopping, internet pornography, hyper-sexuality)]and their contribution to sexual addiction? What about the drugs companies complete awareness of this and ongoing silence? Should these elderly people be treated as dirty old men and sex offenders?

OTHER DRUGS CAUSING INCREASED LIBIDO: See Frequency column.

1-11-2012 Iowa:

Iowa governor Terry Branstad (R) will ask the state legislature to require notification when sex offenders move into long-term care facilities, he said Monday.

Branstad said there are around 55 sex offenders living in various types of care facilities in the state. The bill, if passed, would require that residents, staff and members of the community be notified when a sex offender is committed to a care facility. It would be enforced by the Department of Inspections and Appeals.


Sex offenders in nursing homes has long been a contentious issue, with requests for Congress to improve tracking and some states requiring resident background checks. A 2005 Government Accountability Office report estimated there were close to 700 sex offenders living in long-term care facilities nationwide. ..Source..

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PTSD on driver’s licenses gets mixed reviews

Given that each person would be allowed to request this option, then it may not be a violation of HIPPA. However, I would certainly hope that each person is advised of the HIPPA laws before placing this on his/her driver's license. Personally I would opt for carrying a separate card to alert proper folks in an emergency, that way the state is not involved.

5-15-2010 Georgia:

Veterans and current military members with post-traumatic stress disorder could soon have their diagnosis displayed on their driver’s licenses.

COVINGTON — Veterans and current military members with post-traumatic stress disorder could soon have their diagnosis displayed on their driver’s licenses.

The Georgia General Assembly recently passed legislation that would allow current and former military to request the information be included on their licenses. The bill was sponsored by State Sen. Ron Ramsey (D-Decatur) and co-sponsored by State Sen. John Douglas, R-Social Circle.

“I thought it was something that could help sick veterans and police officers. It would be beneficial to both sides,” Douglas said. “If a law enforcement officer saw a certain move or something like that he may could attribute it to something along the lines of PTSD. Many police officers and deputies are former military themselves and it would help garner some understanding and recognition of something they themselves might well be familiar with.”

Since the bill passed, several veterans advocacy groups have expressed opposition, including Marvin Myers, president of the Georgia Vietnam Veterans Alliance Inc. Myers said having that information on a driver’s license will only serve to perpetuate stigmas associated with PTSD and pave the way for more discrimination against sufferers.

“I spent two and a half years in Vietnam. Most people who were there have some touch of PTSD at some time in their lives,” Myers said. “They’ve been portrayed as everything from Rambo running around like an idiot all over the world shooting people. That’s not the typical veteran ... If you’re running along speeding and you get pulled over and you pull out your driver’s license and it says ‘PTSD,’ they’re not going to be sympathetic.”

Myers said it’s important to remember the information will be available to everyone from employers to banks — anyone who requests an ID — and could affect employability and applications for a firearm, for example.

Douglas said there was no opposition expressed by any veterans groups while the bill was in the works.

“As a result of no concerns being expressed, it passed the Senate unanimously and there was only one no vote in the House,” he said. “Had we known there was concern, then we could have worked on that.”

Douglas said the bill is not intended to get lenient treatment for PTSD sufferers.

“If there is an altercation, the normal rules and laws that already apply would be in effect anyway,” he said.

Asked if the bill could set a precedent for those with other psychological diagnosis to have that information on their licenses, Douglas, who is not running for re-election, said, “That’s going to be for the next folks that come along after me to deal with. I’m a co-sponsor. It’s not my bill. It’s Ron Ramsey’s bill.”

Douglas said the governor has until May 29 to sign the bill.

Terry Norris, executive director of the Georgia Sheriffs’ Association, said he doesn’t see any harm to the bill.

“To be honest, this is one of the many, many things the Sheriffs’ Association didn’t get involved with directly. We certainly didn’t oppose it,” Norris said. “The more information you have on a person may explain why that person is behaving the way they are.”

Law enforcement officers receive specialized training to learn how to deal with mentally ill individuals, he said.

“There are certain things you do and don’t do to help mitigate conditions and behaviors by those suffering from mental illness to help deaccelerate possibly volatile situations. It may be helpful to be aware that someone may be suffering from (PTSD),” he said.

The legislation has prompted the Georgia Sheriffs’ Association to revisit a previous idea of having sex offenders identified on their drivers licenses, he added.

The Department of Drivers Services has not finalized its policies and procedures related to the new legislation, according to Spokeswoman Susan Sports.

“We do know that this new information will be on the back of the license. With the new licensing system, DDS has the capability to add text to the back of licenses and IDs such as medical information, etc.,” Sports said.

The PTSD designation would be voluntary and would require a sworn statement from a physician verifying the diagnosis and a waiver of liability for release of medical information. If signed by the governor, it would become law July 1. ..Source.. Crystal Tatum, Staff Reporter

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ID- IDAHO DEPARTMENT OF PROBATION AND PAROLE UNDER INVESTIGATION FOR CORRUPTION AND FRAUD

10-14-2009 Idaho:

Boise, Idaho, District Four of the Idaho Dept. of Probation and Parole.

Wednesday, October 7th, 2009 - Special investigators from the Idaho Dept. of Corrections (IDOC) and the U.S. Marshall's Office reportedly have shut down the regional office of Probation and Parole located in Boise, Idaho. Prior to the shut-down, all off-duty personnel were called into the meeting and advised of the shut-down.

According to information, the probation officers were reportedly told to “stand-down” or operate on a limited basis pending the outcome of the investigation. Approximately 36 officers have been told not to report back to work, four officers terminated, and another three or four officers have quit.

The investigation reportedly focuses on probation officers, and mainly from the sex-offenders unit, steering the probationers and parolees (referred to as "Clients" by the officers) into housing owned by special interests, manipulating polygraph exams in order to violate clients unfairly, facilitating the sale of vehicles to the clients for a special interest, violating HIPPA regulations, coercion of clients, and coercion of potential witnesses. Reportedly, there is a captured web-page written by one of the officers in the sex offender unit, detailing how he likes bondage and sado-masochistic behavior. We expect to obtain a reported copy of that "Facebook" web-page soon.

The investigation reportedly branches out to the Ada County, Idaho Prosecutor's Office, the Idaho Dept. of Corrections, S.A.N.E. Solutions (which stands for "sex abuse now ended") of Boise, Idaho and a few other private contractors involved with the system.

There is also a multi-million dollar tort claim filed against the district office by a former inmate whose allegations drew the attention of the IDOC investigators.

Our confidential informant states, "a former probation officer who left the district-four probation office due to the corruption, will be testifying in deposition later this week." Other officers, inmates, and former officers, have also come forward to help the IDOC and U.S. Marshall's investigators resolve the case.

While working on the story I received word from local area law enforcement officers expressing gratitude that the reported corruption of the Probation and Parole Dept. was finally being addressed.

According to our inside sources the investigation could last several months and cause quite a disruption in the justice system in Idaho.

The US~Observer will continue the track this story until it reaches its conclusion. The Public Information Officer (PIO) for the IDOC has yet to return a call.

NOTE: This is an active investigation and the US~Observer has special informants delivering detailed information on this situation. The US~Observer, for a time, will withhold certain names and information regarding reported specific details of this investigation in the interest of cooperation with law enforcement.

..Source.. by Dean Muchow, Investigative Reporter

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MI- Release of Lansing sex sting police reports raises concerns about disclosure of HIV status

7-7-2009 Michigan:

Critics say details of arrested man's health should have been redacted; unauthorized release of such information may be unlawful

LANSING — Buried at the end of one of the arrest reports from a controversial May 22 sex-sting operation in the capital city’s Fenner Nature Center is information that one of the men arrested was HIV positive. That disclosure, experts say, may have violated the state’s confidentiality laws protecting the identity of those who are infected with the virus.

In an email to Michigan Messenger, Jay Kaplan, staff attorney for American Civil Liberties Union of Michigan’s LGBT project, wrote:

I can find nothing in MCL 333.5131 that would permit the Lansing Police Department to disclose through their incident report the HIV status of the individual arrested. Since this police report is a public record, the information regarding his HIV status should have been redacted and absent his express authorized permission to disclose, or a court order, this information should not have been included in the report you were given.

The report was released last week after a battle over a Freedom of Information Act request between city officials and a coalition of groups and media outlets, including Michigan Messenger, seeking details on the sex sting.

Contained in the report was a narrative of the incident which lead to the arrest, as well as an interview with the defendant.

For privacy concerns related to HIV status, Michigan Messenger is not disclosing his identity of the arrested man, who has pleaded guilty to one count of indecent exposure.

According the incident narrative, the arrested man allegedly exposed himself in a wooded area to the undercover officer and agreed to have a three-way sexual encounter with the officer and a fictitious friend named “Bill.” During the conversation about the proposed group sex, the accused allegedly asked whether the officer’s friend was “clean,” referring, according to the police officer, to whether the men were HIV negative.

The officer responded that both he and “Bill” were “clean” and asked the accused if he was as well. The accused, according to the arrest report, said: “Oh yeah.” After this, the officer had the accused follow him to an “apartment” on Kalamazoo Avenue. The accused man was then arrested. During a search of the man’s vehicle, police found “several containers of medication” and when they asked the accused, he informed them he was HIV-positive and had been for 18 years.

While it is a crime in Michigan to engage in sexual penetration, however slight, without first disclosing one’s HIV-positive status, the accused was not accused of violating that law, or any of the other criminal laws involving penetration or sex acts which require disclosure of HIV status in public records.

Under Michigan law, unauthorized disclosure of a person’s HIV status can be not only a civil issue, but could result in criminal action. Under the law, disclosure of an HIV positive status is acceptable only by public health officials, and under very specific conditions, including the treatment of the patient, partner notification and to protect the health of the individual.

Lansing City Attorney Brigham Smith authorized the release of the police reports and the man’s HIV status. Smith told the Lansing City Council’s Public Safety Committee last week that the disclosure was not illegal, because the federal Health Information and Portability Act (HIPA) did not apply to the city.

“That was illegal,” said Penny Gardner, president of the Lansing Association for Human Rights, when she addressed the Public Safety Committee hearing. LAHR is one of the groups that signed onto the original FOIA request for information into May’s sex sting.

Mark Peterson, a member of the Michigan Positive Action Coalition, and HIV advocacy group, issued the following statement about the situation to Michigan Messenger:

I think that this situation highlights the continued stigma that having HIV still has. This story is one of taking an action that may be considered as prurient and even making it more salacious by adding HIV to the mix. There is no reason whatsoever that I can think of that would warrant the police from asking about or including this man’s HIV status in any public record. I’m not a lawyer, but this looks to me like a violation.

Why is it somehow OK to release the individuals HIV status without written permission here? What would have happen if they searched his car and found medications for asthma and diabetes? Would they have then reported, “Mr. Doe, an asthmatic diabetic, was …

It’s NOT OK to violate our state laws regarding protection of HIV status disclosure. HIV is a virus not grounds for assuming criminal behavior. Those of us living with HIV deserve adequate health care, not to be criminalized because of a virus. What’s next, viral policing?

While Lansing City Council members would not discuss the particular case, all three who attended the Public Safety Committee meeting last week expressed concern about the broader implications of disclosure of HIV status in police records which might become public.

“I would like to see some policies and procedures put in place on how and what information is put into a police report,” said Eric Hewitt, who represents Lansing’s First Ward.

Carol Wood, who is an at-large member of City Council and mayoral candidate, said she did not feel she had enough information to comment.

Sandy Allen, who represents the city’s Second Ward which includes Fenner Nature Center, said she too would like to see some policies come out of the situation.

“I don’t know why [someone's HIV status] should be [in a police report],” Allen said. “Personally, I don’t think it should be.” ..Source.. by Todd A. Heywood

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CA- Clovis police sued for keeping items from child porn search

3-2-2009 California:

Fresno man has not been charged since police seized computers in 2007.

It's been more than two years since Clovis police came to Chester Garber's north Fresno home in search of child pornography.

They ordered Garber and his sister-in-law into a room and proceeded to search the house. They left with several computers, as well as DVDs and videos.

To this day, Garber has been charged with nothing, but Clovis police remain in possession of some of the items taken in February 2007. Among them, Garber says, are computers with medical records from his wife's pediatric practice.

Garber, his wife, Dr. Emilia Ting, and her sister Betty Ting are now turning to the federal courts for help.

They have filed a civil lawsuit in U.S. District Court in Fresno against Clovis, two of its officers and its former police chief, alleging civil rights violations for searching the house without probable cause .and for unlawfully seizing medical records that contain private patient information, in violation of state and federal laws.

Fresno attorney Jacob Weisberg, who is representing Garber, his wife and sister-in-law, said Clovis police "screwed up" when they seized the computers without having a specially qualified person present as required by state law .when private patient records are involved.

And after two years, he said, it's apparent the photos that sparked the investigation in the first place don't constitute child pornography.

John Sims, a constitutional law professor at the University of the Pacific's McGeorge School of Law in Sacramento, questioned the length of time that police have held evidence without filing charges.

"If they take the computer, which I assume they had the proper basis for, can they keep it indefinitely without giving it back?" Sims asked. "That seems to me to be a problem. It seems to me they can't hang this guy up indefinitely."

Clovis City Attorney David Wolfe said he couldn't comment on pending litigation.

The matter already played out over several months in Fresno County Superior Court, where both sides battled with legal motions related to the case.

In October 2007, Judge Rosendo Peña denied a motion to return Garber's property and to throw out any evidence seized during the search of the home on the 8000 block of North Colfax Avenue after defense attorney Roger Nuttall, then representing Garber, argued the affidavit supporting the search warrant was flawed.

Those issues will likely again be argued, but now as part of a federal civil rights lawsuit in which Garber and the Tings seek compensatory and punitive damages. Also named as plaintiffs are companies owned by the three.

Weisberg said not having access to the records has hurt Emilia Ting's medical practice.

He also said parents of some of the children treated by Ting might look elsewhere for medical care because of the child pornography allegations hanging over her husband.

"It's scary stuff," Weisberg said.

The case dates to late 2006, when Garber -- who court papers say has a professional photography business -- gave a worker at the HomeTown Buffet on Shaw Avenue in Clovis a birthday present that included four DVDs. The girl had turned 18 a few months prior.

Clovis police said Garber was a regular at HomeTown Buffet and had allegedly made several comments to the girl that made her uncomfortable. In a court declaration, Garber denied that he had made statements such as "be careful, because [you] might be kidnapped and sold into Chinese slavery."

The girl took the DVDs home and found images such as nature pictures, but also several shots of girls allegedly younger than 18 in provocative poses and "in varying stages of dress or undress," according to court documents.

Abby Spencer, a member of the Clovis Police Department who is named in the lawsuit, said in an affidavit supporting a search of Garber's home that the images included "little girls that are obviously under the age of 18," others that "are possibly child erotica."

Of one photo, Spencer said: "I can say without a doubt that this image meets the definition of child pornography."

But no arrest was made, and soon both sides were fighting in court. After Peña's rulings, .Garber and the Tings filed a complaint with the federal government, alleging multiple violations of the Health Insurance Portability and Accountability Act. HIPAA, as it is also known, covers federal health-care privacy.

In court documents, Spencer said Nuttall told her she could review photographs on the seized computers, and she promised not to view any business records or patient files. .Clovis also argues that as a police agency, it is not bound by the privacy constraints of HIPAA.

Weisberg said Clovis police have handed the case over to the U.S. Attorney's Office.

Wolfe and Lauren Horwood, a spokeswoman for acting Eastern District U.S. Attorney Larry Brown, said they could not comment. ..News Source.. by John Ellis / The Fresno Bee

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