January 27, 2008

The Americans with Disabilities Act -and- Emergency Shelters

Separate registered sex offenders from the public during an emergency, is the latest cry! Lawmakers seem to be ready to do that in some places:

Sex Offenders Not Welcome

In a move that prompted one legislator to warn that it could give the public a false sense of security, the county Legislature recently passed a bill stating that sex offenders are not welcome in general emergency shelters. The legislation passed by a vote of 17-0, with one abstention.

"I don't want anyone to misconstrue my intent," said Alden, who abstained from the vote. "If we can't confine sexual predators for life, let's track them for life."

The resolution, introduced by Legislator Kate Browning (WF-Shirley), would require registered sex offenders, when entering an emergency shelter, to notify a shelter manager, a shelter employee, or a shelter volunteer of their sex offender status. To make sure they still have a place to go, there would be a separate facility established for sexual predators.

"You're going to ask someone in the middle of a hurricane? I don't think it's going to happen," Alden said. "I'm 1,000 percent sure he ain't going to volunteer the information."

"I'm wondering how well this can be implemented," Romaine agreed, "in that it requires them to say, 'I'm a sex offender.'"

Upon a sex offender's self-identification, the county Department of Fire, Rescue, and Emergency Services would be notified, and either the individual would be moved to a designated shelter, or assigned a law enforcement officer if they cannot be moved.


"There will be something posted that notifies them," Browning explained. "If they can't leave, we're not saying they can't have shelter, but law enforcement will keep an eye on them."

It is expected that County Executive Steve Levy will sign the legislation. "Although we feel it is redundant to provisions we already have in place to screen out sex offenders at shelter locations, the measure is like chicken soup - it couldn't hurt, and the county executive will sign it after a public hearing," said Mark Smith, a spokesperson for Levy.

Laura Ahearn, executive director of Parents for Megan's Law, noted that during hurricanes Katrina and Rita, 30% of acts of alleged sexual predation took place in shelters, and 63% of the victims were targeted by acquaintances at a shelter. However, she said that she supported the bill only after Browning removed a plan calling on emergency staff to do a background check on everyone coming into a shelter. "Keeping track of over 800 offenders is the responsibility of law enforcement," Ahearn said. No Source for these statistics! Further, we could not find a single news story of a sex offense committed by a former sex offender in a shelter during these storms. Is this another factoid?


The measure also passed despite concerns raised over the constitutionality of limiting access to general emergency shelters, and assertions by Barraga that piecemeal legislation restricting registered sex offenders risks having all such laws thrown out in court. "And how do you implement this?" Barraga asked. "People are in a state of panic, do you think they're going to identify themselves? I don't think it is well thought out at all."

I wonder if lawmakers have considered what the requirements are for Emergency Shelters under the Americans with Disability Act?


It would be impossible to construct such a shelter -immediately- during an emergency, so the taxpayers will have to shell out mucho money for such shelters.

Oh yes, the alternate suggested is a police officer for each registered sex offender to monitor them during the emergency. WOW, do you think police should be worrying about RSOs rather than protecting the general public during an emergency? Again, the public will have to shell out a ton of money for such officers.

Well, its the law folks!

eAdvocate

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