Sex offender law would limit two offenders to one address

"Unintended consequences" says the Governor. OR, is it, "failure to consider the consequences of one's act," as so many judges say when sentencing someone for committing a criminal act. What is the standard for those in office?

9-12-2010 Tennessee:

NASHVILLE — A new law barring more than two registered sex offenders from living in the same address could cause a problem for Tennessee’s homeless shelters.

Gov. Phil Bredesen was made aware of the issue Thursday as he toured a new $13 million building that will house 38 homeless men in low-rent apartments in Nashville. The governor was told that the law prohibiting more than two registered sex offenders from living in the same residence might affect housing for the homeless, The Tennessean reported.

“Did I sign that?” Bredesen asked.

“Yes, sir. It’s on my desk,” said Rachel Hester, executive director of Room in the Inn, a service center that provides treatment, classes, health care, laundry and now apartments for the homeless.

“The law is not clear about what is an address,” she said. “No one can answer that question.”

Sponsored by Rep. Mike Turner, D-Old Hickory, the law was aimed solely at residential halfway houses. Many of them are in suburban neighborhoods where children walk to school bus stops.

Turner filed the legislation after receiving many complaints about two halfway houses in his district, each with eight registered sex offenders.

Room in the Inn does not do a background check on its guests or tenants.
Bredesen called the potential problem with the homeless shelters “unintentional consequences” of the law he signed in July.

“I know Mike very well,” Bredesen said. “I might just talk to him about looking at changing that next year.”

Turner said Thursday afternoon that the law’s intention was simply targeted at residential neighborhoods, not homeless apartments or shelters.

Room in the Inn complies with the law, “as far as I’m concerned,” Turner said.
“I don’t think we need to do an adjustment,” he said. “But if we do, I will do that.” ..Source.. DNJ.com

Read More of Article...

Article Summary only...

Colonie law becomes a local model

Note the lawyer's comment. This is another stupid law that will cost money in court actions. I guess it is OK to say, motels can only rent to State Officials, or those who are white, etc. etc.. Right?

4-27-2010 New York:

Statute on motels that house sex offenders copied by other towns

COLONIE -- Other communities are beginning to copy a Colonie law that regulates how many sex offenders a motel owner can house.

This month, the towns of Lake George and Queensbury passed similar laws to Colonie's. Lake Luzerne passed one in February. The regulations also require motel owners to get licenses they must prominently display by the check-in desk.

Colonie Town Attorney Michael Magguilli devised the law after residents complained for years that motels in the town were housing a large number of sex offenders. An Albany County law -- later overturned in court -- banned offenders from living within 1,000 feet of schools, day care centers, playgrounds and other places that attract children. The law effectively made most of the city of Albany off-limits, shifting offenders to Colonie motels.

Colonie passed a law last August requiring owners of motels with 50 rooms or less to pay $1,500 for a license to house sex offenders. Those with more than 50 rooms must pay $3,000. The town has a point system to determine how many offenders can be housed.

Magguilli said he's glad to see other communities pick up on the law. "I hope it resolves their problems like it did in Colonie."

Two Colonie motels obtained the licenses. The owner of one, the Sycamore Motel on Route 9, said in January he wanted to return his license but has not done so.

"We've got three towns here in Warren County that have adopted really identical laws," Queensbury Supervisor Dan Stec said.

The issue arose after one local motel was found to be housing 14 sex offenders, he said.

"A lot of them end up on some public assistance with temporary housing, which is how they ended up here," he said. "Fourteen in one hotel is an incident waiting to happen."

His town has 22 hotels and motels, he said. They will be sent letters giving them 30 days to get a license, which they must display.

"That was one of the things about the local law I think was very important for the traveling public," he said. "A single young man traveling by himself may decide 'That doesn't bother me,' but a young man with a family may decide 'Let's go to the next motel down the road.'"

Lake George Supervisor Frank McCoy said his town's law also helps protect the tourist trade. "We wanted to do everything we could to protect our residents and our out-of-town guests," he said.

Stec said some people wanted an outright ban. "A lot of people are like, 'Why let them live in the town at all?' '' he said. But a ban is unconstitutional, he said.

Terence L. Kindlon, a defense attorney who has successfully challenged laws limiting where sex offenders live, said he doesn't think this law is constitutional, either.

"It's the same principle at issue. You can't do by indirection what you're forbidden to do directly," he said. "If it's challenged, I expect it's going to go down the same sewer."

He said motel owners will be in a better position to sue than an offender denied housing.

"Some motel owner is going to have to come out and challenge this," he said. "I'd feel a lot more comfortable representing a property owner rather than a potential resident."

Magguilli said he is not concerned about legal challenges.

"I'm firmly convinced the towns have the authority to pass these laws, to regulate these hotels and motels," he said. "It's a misnomer to call it a sex offender law. What it does is regulate hotels and motels."

Kindlon disagreed. "The obvious, real objective here is to say to the motel owners 'We're going to destroy your business if you house citizens who happen to be sex offenders,' " he said.

But Kindlon said he expects more communities to adopt it: "Politicians being politicians, this will probably spread like wildfire." ..Source.. TIM O'BRIEN, Staff writer

Read More of Article...

Article Summary only...

Housing Restrictions on Illinois Sex Offenders

There is another way, more logical, to view 28% -v- 23% go missing, that is, that roughly that many -whether on parole or not- are going to fight sex offender housing laws by committing civil disobedience. That should be a signal to lawmakers that the laws have reached the overbearing state and need to change.

Secondly, as to "no cure" theory, please find any human illness that is ever cured as the public wants sex offenders cured. Why hold sex offenders to a mythical standard that no human being can meet. All human illnesses are managed with a course of treatment as should be with sex offenders.

4-27-2010 Illinois:

A Chicago Tribune review found thousands of sex offenders remain in prison for parole because they have nowhere to live. Once they're released, these offenders tend to not register their whereabouts and are more likely to reoffend than those who are closely monitored in their neighborhoods.

Of the 1,292 sex offenders released in 2008 after serving parole in prison, 28 percent were listed as missing and unregistered as compared with 23 percent of the 1,868 sex offenders paroled into the community.

Approximately 21 percent of each parole scenario returned to prison, although community paroled offenders were returned due to technical parole violations rather than new crimes.

Sex offenders who serve parole in the community wear electronic monitoring devices and participate in weekly counseling, unlike their counterparts who are released free and clear after serving parole in prison due to lack of housing options.

While research shows that "curing" ex offenders is near to impossible, it appears a no-brainer that providing housing, electronic and other strict monitoring, as well as counseling, to offenders on parole cuts down the odds of recidivism.

In Cook County, convicted sex offenders can not live within 500 feet of schools, parks and daycare facilities. Other residential restrictions also apply. ..Source.. Jennie Spallone

Read More of Article...

Article Summary only...

Sex offender, wife face charges

Just as a point of law, can there really be a law which prohibits "babysitting in the home of a registered sex offender"? i.e., ex: suppose a RSO owns a home but does not live there? How far will these laws go?

3-5-2010 North Carolina:

Aberdeen, N.C. — A registered sex offender in Moore County has been charged with molesting a 5-year-old, and his wife has been charged with caring for children in the home when he was present, authorities said Friday.

____, 69, of 36141 U.S. Highway 1 in Aberdeen, was charged Sunday with second-degree sexual offense, sexual offense with a child, indecent liberties with a child, sexual battery and childcare in the home of a sex offender. He was being held Friday in the Moore County jail under a $5 million secured bond.

On Thursday, ____, 61, of the same address, was charged with babysitting in the home of a sex offender. She was given a $100,000 unsecured bond. ..Source.. WRAL.com

Read More of Article...

Article Summary only...