1-8-2009 Pennsylvania:
WILLIAMS TWP. | The social organization running an embattled group home for two men with autism typically treats individuals convicted of rape and felony sex crimes, a township solicitor said during a Wednesday zoning hearing.
Employees for Resources for Human Development Inc., the nonprofit social organization running the home, acknowledged that such individuals are sometimes treated by the group.
But Terri Trigiani, corporate assistant director for the organization, said the two 26-year-old men residing at the 400 County Line Road property have never been arrested for any such crimes.
"Where they're going is a remarkable place to go," Trigiani said of questions raised by township Solicitor Brian Monahan.
Monahan said he did not know if the two men at the home fit those criteria because the organization has never provided such information to the township.
"We simply have not been given that information," Monahan said. "But it is conceivable that those types of individuals could be treated down the road."
Richard Adams, township zoning officer, said the agriculturally zoned property doesn't allow for group homes. He also said the group would require a business permit, which was never sought.
But Richard DeMarco, an attorney representing Resources for Human Development, said under the federal Fair Housing Act, such group homes are permitted as long as the number of tenants does not exceed the number of family members allowed in a township residence.
DeMarco asked whether Adams reviewed the Fair Housing Act before issuing his cease and desist order. Adams said he had not.
Several neighbors in houses near the group home also testified Wednesday, claiming their concerns were not about the two autistic men, but about alleged questionable activities by the staff working there.
Peter Dunne, who has lived on Country Line Road for nine years, said he frequently hears loud noises, sees cars speeding on the road and has witnessed frequent late-night parties with up to 15 cars parked around the home.
Group home officials previously said family gatherings and picnics are sometimes held at the home. But William Gahres, another neighbor, said he has found beer bottles and other litter scattered around the home.
Testimony is expected to continue at future dates and the township zoning hearing board will render a ruling about the group home later. ..News Source.. by COLIN MCEVOY, The Express-Times
January 8, 2009
PA- Williams Township solicitor fears group home could house sex offenders
December 31, 2008
FL- Father says sex offender label not based on truth
12-31-2008 Florida:
ST. PETERSBURG — The family of Josiah Wineberger, the 5-year-old injured by a falling speaker at BayWalk last year, said Tuesday that they could be in a new home within days.
The family is struggling financially and living in a motel after electrical problems forced them from their rental home. But thanks to the public's help, the family said they soon could afford to rent a new house.
But a St. Petersburg Times reader raised this question in an e-mail: "Everyone wants to help the child but may not want to aid a sex offender."
The writer was referring to father John Wineberger's criminal record. In 2006 he pleaded no contest to charges that he had sex with three teen girls.
But Wineberger denied Tuesday that he had sex with them. He said he took a plea deal because it allowed him to stay with his kids — and because he couldn't afford a court fight.
"I was accused of something I didn't do," Wineberger said, adding: "There was no choice."
Court records show a judge adjudicated him guilty of two counts of unlawful sexual activity with a minor and one count of committing a lewd and lascivious act in the presence of a child under the age of 16.
The incidents took place in 1998 and 1999, according to court records. Wineberger was 27 at the time of the 1998 incident. The girls' ages were not disclosed in records, but the two sexual activity charges apply to minors ages 16 to 17.
Wineberger believes the allegations arose from a business dispute over control of an 'NSync-like boy band that he belonged to called Second Nature.
He said he left the band in 1999 after a detective questioned him about the sex allegations. A warrant was issued in 2000, but he wasn't arrested until 2005, when he already had a family.
Wineberger was sentenced to the 75 days he spent in jail after his arrest. He said he took the state's plea bargain despite being labeled a sex offender because it came without restrictions, namely that it would allow him to be around all children, including his own.
"I can be with my family," he said. "I can go to my kids' school."
The Winebergers have four children. Sandy Wineberger works in accounts payable for a local company, but her husband, a former electronics salesman, is looking for a job.
He cares full time for Josiah, who was left brain-damaged and requires constant care. They are suing BayWalk.
The public came to their aid after their rental was declared a hazard Friday night. The Times has received 22 e-mails and 69 phone calls from people who want to help the family.
The father hopes the public will still want to help his family.
"I don't worry about me," he said. "I worry about them."
Times staff writer Sherri Day contributed to this report. ..News Source.. by Jamal Thalji, Times Staff Writer
December 27, 2008
Laws to Track Sex Offenders Encouraging Homelessness
12-27-2008 National:
LOS ANGELES -- Upon release from state custody, Ross Wollschlager began an intensive search for a home, one that abided by the restrictions imposed on convicted sex offenders in California -- and, in various versions, by about 30 other states. Obliged by law to return to Ventura County, the convicted rapist was forbidden to sleep within 2,000 feet of a school or a park.
He ended up in a tent on the dry bed of the Ventura River.
Strict new laws aimed at keeping track of sex offenders after they leave prison appear to be having the opposite effect, encouraging homelessness in a population believed more likely to re-offend if cast into the streets without structure or family support, say prosecutors, police, parole officials and experts on managing sex offenders.
The issue is starkest in California, where the number of sex crime parolees registering as transient has jumped more than 800 percent since Proposition 83 was passed in November 2006. The "Jessica's Law" initiative imposed strict residency rules and called for all offenders to wear Global Positioning System bracelets for the rest of their lives.
Named for a 9-year-old Florida girl raped and murdered by a convicted sex offender, the provision passed by a wide margin that reflected the powerful public emotion that experts and law enforcement officials say in this instance trumped sound policy.
"The public definitely was sold a bill of goods on this one," said Detective Diane Webb, supervisor of the Los Angeles Police Department unit that tracks 5,000 sex offenders in Los Angeles County. "Unfortunately, it bodes well for politicians to support it because the public does have this false sense of security that this is somehow protecting them when it's not."
Locating legal housing for offenders has become so difficult in urban California that when parole officers find an apartment building beyond the exclusion zones, they often pile in as many offenders as the landlord will accept. When neighbors notice, the cluster spurs protests that prompt lawmakers to pass even tighter exclusion zones as Proposition 83 allows.
In Long Beach, the City Council this year passed a bill expanding such zones to areas near child-care centers and beaches after residents learned of 19 offenders living in a small apartment building. The provision made it nearly impossible to house a sex crime parolee in the city of 500,000.
Nearby Carson followed suit after parole officers placed 30 offenders in a hotel in a light industrial area. Pomona included areas near railroad stations and bus stops.
"If you want to game the system, you use your redevelopment agency to buy up vacant lots and turn them into 'pocket parks,' " Carson City Attorney William Wynder told a gathering of officials from affected communities in the fall. The idea: Design the equivalent of San Francisco, where the dense geography of schools and parks rendered the entire city an exclusion zone.
"It is almost geo-spatially impossible to house a sex offender in San Francisco," said Suzanne Brown-McBride, who chairs the California Sex Offender Management Board. The board, created by the legislature, this month issued a report lamenting the unintended consequences of Jessica's Law.
"Common sense leads to the conclusion that a community cannot be safer when sex offenders are homeless," the report said.
Similar complications face 31 other states that have passed residency restrictions. Georgia's Supreme Court last year struck down its law on the grounds that the 1,000-foot restriction violated property rights; the succeeding measure also faces a court challenge. Homeless offenders in Miami huddled nightly under a bridge after being kicked off a vacant lot neighboring a center for abused children.
In Iowa, the number of sex offenders whose whereabouts were unknown doubled after passage of residence restrictions.
"I don't think anybody has found any evidence that they contribute to safety," said Corwin Ritchie, head of the Iowa County Attorneys Association. "The main defenders are people who are just basing it on emotion, not good public policy. I think most legislators have figured that out in their hearts."
The National Center for Missing and Exploited Children reports about 100 child abductions nationwide a year. "And every one of those is incredibly tragic; there's just no doubt about it," Corwin said. "But it's a tiny number to justify doing these crazy things. And that's what they are. And these restrictions don't stop those crimes anyway."
Justice Department statistics show that 93 percent of child victims are molested by someone they know.
"There's this mythology that you have to know who this scary man is in the neighborhood who might hurt your child, when the reality is sex offenders are often people we know and love," said Jill Levenson, an associate professor at Lynn University in Florida and a researcher on sex offenders.
The attention paid convicted offenders is also easier to explain emotionally than statistically. Ten percent of sex crimes are committed by someone convicted of a previous sexual offense, and the chances of recidivism vary greatly, statistics show. Clinicians say the odds of an individual re-offending can be predicted with reasonable confidence by assessments that take into account age, offense, history and other variables. In the entire population of sex offenders, clinicians say, about 15 percent bear close watch.
"They need a place to live, obviously. We can't send them to the moon," said Tiffany Tsukuda, 23, a tenant in a large East L.A. apartment complex where 47 registered offenders were living at one time. "The problem is, from the criminal justice perspective, we warehouse. We don't treat.
"I really begin with reintegrating, but we're the opposite. We believe in shaming. You have an 'X' on you forever."
In fact, treatment is available to some. When he left prison, Wollschlager was dubbed a "violent sexual predator" and civilly committed to a state treatment center. Though in California, most such offenders decline to participate in treatment (perhaps because admissions in therapy to previously unknown offenses can be used as evidence in court), he was among a handful who graduated to open society. A judge approved release with initial monitoring by a security guard, who watched his tent from a nearby vehicle. Other restrictions may have been specified.
"Let's say you're a sex offender who regularly met your victims on the Internet," said Nancy Kincaid, a spokeswoman for the state Department of Mental Health, which has so far released 13 offenders. "You won't be moving out with a computer."
Advocates who generally praise Proposition 83 for increasing penalties see false comfort in its post-release provisions.
Crucially, the ballot measure provided no legal grounds to enforce its provisions on the 75 percent of California's convicted offenders who have completed their sentences, unless they are arrested anew. At the Carson meeting, a senior parole official displayed maps showing scores of convicted offenders living adjacent to schools, despite the nominal assurances of Proposition 83.
"You've got a law that says you can't do it, and it's happening," said Robert Ambroselli, deputy director of adult parole operations. "I have a sex offender who lives in my neighborhood. I'm as upset about it as anybody is."
In reality, the restrictions are enforced only on parolees, because their freedom can be revoked. But GPS tracking of 6,300 parolees will cost $60 million next year, and with the housing contortions, parole officers will have less time for surprise drop-bys and other work.
"We're probably using 60 to 70 percent of our resources managing 10 percent of our population," said Alfred Martinez, a state parole official based in Los Angeles.
The state lawmaker who championed Proposition 83 said he was not bothered by homelessness resulting from the initiative because every transient offender is supposed to be wearing an ankle bracelet.
"We knew the consequence from the very beginning; that's why we included GPS as well as residency requirements," said state Sen. George Runner, a Republican who represents an L.A. exurb. "We don't need to re-debate what the people of California asked for."
Professionals in the field disagree. The California Coalition on Sexual Offending, a professional group grounded in treatment, issued a report in December saying that residency restriction "should be recognized as a well-intentioned failure" and repealed, a move also advocated by New York-based advocacy group Human Rights Watch.
"It boils down to that perception of safety, which is as powerful if not more so than actual empirical data," said Todd Rogers, who sees the conundrum from both sides as a captain in the Los Angeles County Sheriff's Department and a City Council member in suburban Lakewood. "Jessica's Law is the third rail of state politics." ..News Source.. by Karl Vick, Washington Post Staff Writer
December 26, 2008
TX- Sex offender group find ally at capitol
12-26-2008 Texas:
Texas Voices, an organization made up of Texas sex offenders, has found an ally of sorts at the Texas capitol: a Dallas lawmaker who wants to relax the state's tough sex offender registration laws.
"Some offenses don't rise to the level" of needing registration, Rep. Roberto Alonzo, D-Dallas, said recently.
He's filed a bill, House Bill 190, that would give certain first-time sex offenders the ability to petition the courts to shorter their registration periods, or to have their registration completely waived . The vast majority of sex offenders in Texas must register on the state's Department of Public Safety website for life.
The bill is being hailed by Mary Sue Molnar, the mother of a convicted sex offender who is one of Texas Voices key organizers. "I have to tip my hat to him," Molnar said of Alonzo. "It's a very good start."
Molnar and her group have spent months meeting with lawmakers in an effort to find someone willing to carry a bill that would roll back some of the state's toughest sex offender laws.
The group never met with Alonzo. Alonzo said he filed his bill at the request of a Dallas judge who was fed up with low-risk offenders brought in on technical violations tying up the court's docket.
Texas Voices was founded earlier this year by several registered sex offenders and their family members who were incensed by the state's lifetime registration laws. The group now has hundreds of members, and tailors its message at those who committed non-violent offenses when they were in their late teens or early 20s with compliant victims a few years younger than themselves. ..News Source.. by Houston Chroncile
Recent Research Project conducted by Dr. Jill Levenson
12-26-2008 National:
Folks may remember a recent Research Project conducted by Dr. Jill Levenson (click to read how it began), well the research has been completed and Dr. Levenson has provided us with a UNOFFICIAL copy of the results, which is available in the files area of our SO-News Group.
This is a very important study, especially since it shows the disastrous effects, of sex offender laws, on families of registered sex offenders and especially their children Table-5 Psychosocial Consequences to Children of RSOs (pg-11).
The study is:
Full reference:
Levenson, J. S., & Tewksbury, R. (2009). Collateral damage: Family members of registered sex offenders. American Journal of Criminal Justice.
Abstract:
The purpose of this study was to better understand the impact of sex offender registration and notification laws on the family members of registered sex offenders (RSO). An online survey was utilized to collect data from 584 family members across the U.S. Employment problems experienced by the RSO, and subsequent financial hardships, emerged as the most pressing issue identified by family members. The likelihood of housing disruption was correlated with residential restriction laws; larger buffer distances led to increased frequencies of housing crisis. Family members living with an RSO were more likely to experience threats and harassment by neighbors. Children of RSOs reportedly experienced adverse consequences including stigmatization and differential treatment by teachers and classmates. More than half had experienced ridicule, teasing, depression, anxiety, fear, or anger. Unintended consequences can impact family members’ ability to support RSOs in their efforts to avoid recidivism and successfully reintegrate. Implications for criminal justice policy and practice are discussed.
Our thanks to:
Jill Levenson, Ph.D.
Associate Professor of Human Services
Lynn University
3601 N. Military Trail
Boca Raton , FL 33431
December 14, 2008
GA- Overturned convictions could benefit offender
12-14-2008 Georgia:
Two recent rulings by the Georgia Supreme Court might have a huge effect on an Augusta homeless man serving a life sentence for violating the conditions of the state's sex offender registry.
Larry Moore, 41, was one of the first people in Georgia sentenced to life in prison after a 2006 law greatly increased the punishment for violating the conditions of the registry.
Mr. Moore twice did not register a proper home address with the sheriff's office.
His appellate attorney, Peter Johnson, says two recent rulings by the state Supreme Court will help Mr. Moore.
In the first, the court reversed William Santos' conviction.
Mr. Santos found himself homeless in July 2006. Like Mr. Moore, Mr. Santos contended he couldn't provide the Hall County sheriff with a home address because he didn't have one. In late October, the court ruled that the law as it applies to homeless people is unconstitutional.
In late November, the Supreme Court ruled that the mandatory life sentence for Cedric L. Bradshaw for a second offense of violating the sex offender registry was unconstitutional. The court found the punishment was grossly out of proportion to the crime.
Mr. Bradshaw's conviction still stands, however. The Supreme Court ordered his case returned to the trial court for resentencing.
Mr. Bradshaw and Mr. Moore received life sentences. Mr. Moore was convicted in Richmond County Superior Court and sentenced in July 2007.
Mr. Moore testified at his trial that he tried to stay within the rules of the sex offender registry. But when the state Legislature changed the law to prevent sex offenders from living within 1,000 feet of any place where children might gather, the only places in Augusta where sex offenders could live were two hotels on Gordon Highway.TIMELINE
1996: Georgia legislators enacted the sex offender registry; punishment for violating the terms was a misdemeanor until the third offense.
1998: Legislators changed the punishment for violations so that a second and subsequent offense is a felony punishable by one to three years.
2002: The sex offender registry law changed again, making any violation a felony punishable by one to three years.
2006: Legislators increased punishment to 10 to 30 years for the first offense and life in prison for the second offense.
Larry Moore: Homeless man was sent to prison for life after not registering an address with the sheriff's office.
Mr. Moore said he rented a room from one but couldn't afford it after the owner increased the rent. He stayed with a friend for a while but eventually was out on the street, Mr. Moore said.
Mr. Moore had to register as a sex offender because he was convicted in North Carolina in 1994 of indecent liberties with a minor. He moved to Augusta in 2003 and registered as required until a violation in 2005 and again in April 2007.
Mr. Johnson believes the two Supreme Court cases apply directly to Mr. Moore.
His conviction should be reversed and he should be released from prison because of the homeless sex offender ruling, Mr. Johnson said.
"If the law under which he is convicted is unconstitutional as applied to him, then he should have his conviction set aside," Mr. Johnson said.
If the judge believes that ruling does not apply to Mr. Moore, at minimum the Bradshaw decision should apply and Mr. Moore should be resentenced, Mr. Johnson said.
The earliest hearing date Mr. Johnson could get to make his case for Mr. Moore is Jan. 21. District Attorney Ashley Wright declined comment on the case because it is pending.
The current punishment for violation of the sex offender registry is 10 to 30 years. Georgia is the only state to impose a life sentence for a violation of the sex offender registry.
Mr. Moore is one of four men serving life for such an offense, according to the state's Department of Correction. ..News Source.. by Sandy Hodson Staff Writer
November 5, 2008
Media irks Obama on Halloween: 'Leave us alone'
I think we have all seen during his campaign, and here on Halloween, that Barack Obama has fought hard to separate "issues of family" from "issues of the day," even as to his opponent's campaign. As we advocates move forward to seek changes in sex offender legislation, state and national, it may be wise to frame our positions with that thought in mind. We all know, virtually every RSO issue in some way, also affects family members.
11-4-2008 National:
Barack Obama lost his famous cool Friday afternoon when he became annoyed at the press while out walking to a Halloween party in Kenwood with daughter Sasha.
Obama briefly left the campaign trail to spend a few hours in Chicago as he entered into the last weekend of his almost two-year quest for the presidency.
"All right guys. That's enough. You've got a shot. Leave us alone. Come on guys. Get back on the bus," Obama said, looking irritated as he walked north on Greenwood near 50th Street hand-in-hand with 7-year-old Sasha.
Obama was wearing sunglasses, dark slacks, a dark jacket partly unzipped to show a white shirt, no tie. Sasha dressed up in a white cape and what appeared to be a black leotard. This costume had been described as a "corpse queen."
They were on public streets headed to a Halloween party hosted by Marty Nesbitt, Obama's friend and treasurer of his presidential campaign.
Heading east on 50th, the press -- his small travel press pool -- continued to follow when a reporter and cameraman from a Polish outlet, Wydarzenia, appeared on the street and approached Obama. Obama paused and indicated that he wanted the press to back off.
The Obama pool retreated a few paces, as did the Polish crew. A few moments later, Obama broke into a run with Sasha at his side. He bounded east on 50th, turning north on Woodlawn, still in a trot. ..News Source.. by LYNN SWEET Sun-Times Washington Bureau Chief
