Sex Offender Ordinance Results in Only One Arrest

abcactionnews.com (Tampa) : Investigation – Sex offender ordinance results in only one arrest.

Video report: Sex Offender Ordinance Ineffective.

Hillsborough County, FL – Hillsborough County’s commissioners created a supposedly tough ordinance that would ban sex offenders and predators from parks and playgrounds. But in the 12 months since the county’s sex offender ordinance has gone into affect, how many arrests has the Sheriff’s Department been able to make?
“We’ve made one,” says Captain Alan Hill of the Hillsborough County Sheriff’s Office

State Representative Richard Glorioso says the problem with Hillsborough County’s ordinance is that it contains so many exceptions, it is operationally ineffective. “Right now that person can be in that park sitting on a bench next to your kids and the officer has no authority to tell them to leave.” (because that is a violation of a citizen’s constitutional rights)

For instance, while it bans sex offenders and predators from parks and playgrounds, there are exceptions for dropping off their own child, or a friend or relatives child. Or while traveling to and from religious services, and to and from official business.

“Right now that person can be in that park sitting on a bench next to your kids and the officer has no authority to tell them to leave.” says Glorioso.

Which is why Representative Glorioso is now introducing a bill that would create a new, tougher statewide law which would close many of the loopholes in the Hillsborough County ordinance. “We do two things. First of all if you a sexual offender or predator on conditional release or probation you will not be allowed in a park, period. If you’re in the registry we create a circle of safety of 300 feet around the children where you cannot loiter,” says Glorioso. However, even under Glorioso’s bill those in the sex offender registry could still visit parks if they stay more than 300 feet away from children.

State Representative Richard Glorioso’s Bills:
CS/HB 77 – Sexual Offenders and Predators (killed in 2009)
HB 119 – Sexual Offenders and Predators (alive for 2010)

If you live in this man’s district, contact him and tell him what you think (he is your servant).

GA Supreme Court Rules Against Sex Offender

publicbroadcasting.net : GA Supreme Court Rules Against Sex Offender (click here for audio report)

Atlanta, GA (WABE) – A Georgia sex offender has lost his appeal to the state supreme court. State law requires sex offenders to register with the county sheriff within 72 hours of moving.

In January, convicted offender Derrick Todd Dunn temporarily located to a motel in Gordon County in northwest Georgia. Six days later he moved to a permanent home. When Dunn then registered, he was arrested for not registering the motel address.

Dunn appealed, saying registration requirements are vague, and that someone entering the state had more leeway than an offender already living in-state. In a unanimous vote, the Supreme Court of Georgia disagreed.

Christopher Paul was Dunn’s public defender. He says he’s disappointed with the court’s decision and the state’s sex offender law: “It’s at best an inartfully-drafted statute, and there’s lots of problems with the statute the way it’s currently drafted.”

Paul does not know if his client will file an appeal to the US Supreme Court.
Derrick Todd Dunn remains in a state prison where he’ll likely stay for several years.

This is not surprising coming from Georgia, as this state has some of the harshest and most draconian sex offender laws in the nation.

Laws Push Sex Offenders Into High Density

nwanews.com (Arkansas) : Laws Push Sex Offenders Into High Density.

Changes in Arkansas state laws in 2003 and 2007 created small concentrations of sex offenders throughout Northwest Arkansas near many residential neighborhoods. Laws restrict how close sex offenders can live to businesses and institutions.

“Certain offenders can’t live within 2,000 feet of a school, public park or a licensed day care center,” said Detective Leonard Graves, Fayetteville’s representative on the Northwest Arkansas Sex Offender and Violent Crime Task Force. “That starts eliminating a lot of a city.” A city like Fayetteville, with about 65 schools and day care centers and numerous small parks, doesn’t have much space left that is eligible, Graves said.

John, a convicted sex offender said,“Every year there’s more restrictions. When I got out of prison, I could live anywhere I wanted to. Now I’m on the registry for the rest of my life. If I was a murderer who was paroled, I wouldn’t have to do anything now.”

It’s been 20 years since John was paroled. He spent 10 years on probation after his release. He has never been in trouble since leaving prison, he said. His good behavior, however, didn’t mean anything when he moved the last time, from an apartment building to a house next door. “People left nasty notes in my mailbox, they put a sign in my yard, they broke out windows trying to get me to move,” John said.

Arkansas set up its database after the passing of the Sex and Child Offender Registration Act in 1997. Those convicted of a sex crime, or those found not guilty of a sex crime on the grounds of mental disease or defect, must register. They are required to register in each law enforcement jurisdiction where they live, attend school or are employed.

Stricter laws forcing people out of more neighborhoods are not the answer, said Paula Stitz, manager of the Arkansas sex offender registry. Tougher laws in other states have led to situations such as in Miami, where sex offenders live under bridges, Stitz said. New legislation in Florida eliminated most of Miami as a living site for sex offenders, according to a story by the Associated Press. In 2007, five male sex offenders started living under the Julia Tuttle Causeway when they couldn’t find a place to live. The number of offenders living under the bridge and nearby grew to 52 by March 2009.

“That’s not a good situation,” said Marc Klaas, founder of KlaasKids, a foundation formed to prevent crimes against children. Polly Klaas, Marc Klaas’ daughter, was kidnapped from her home in California and murdered in 1993 when she was 12 years old. “Sex offenders in close contact tend to network and exchange information that could lead them to committing another sex crime”, Klaas said.

So let’s get this straight; the manager of the state sex offender registry and a national advocate for sex offender laws both believe that these stricter laws are actually compromising public safety. So why are the public and lawmakers still pushing such laws?

How Likely are Sex Offenders to Re-offend?

southbendtribune.com : How likely are sex offenders to re-offend? Studies suggest rates lower than popularly believed.

Sex offenders are often seen as incurable deviants who lurk in the shadows, waiting to prey on unsuspecting innocents.
But the term “sex offender,” is actually much more complex, experts say, and a myriad of misconceptions exist about common traits associated with the population. Not only that, but according to recent studies, recidivism rates for sexual felons may be lower than most people believe.

“The public doesn’t quite understand recidivism,” says Dr. Adam Deming, a psychologist and director of the Sex Offender Management and Monitoring Program. “They tend to believe all will recidivate.” “It varies tremendously,” adds Dr. Jeff Burnett, a Mishawaka doctor who specializes in sex offender treatment, psychological evaluations and psychosexual assessments.

Community members often want to be cautious and conservative when assessing the danger of sex offenders because sexual assault and abuse can be so devastating. But that caution, Burnett says, can at times lead to an overestimation of the risk.

Before delving into exact recidivism rates, it’s essential to first define the word. In some studies, recidivism is explained as a reconviction for a sexual offense. In others, it relates to an offender being charged with a new sex offense. Other statistics measure recidivism based on arrests for any new type of crime, and some gauge recidivism based on violations of conditional release requirements.

The different ways to measure recidivism make the simple question of how often sex offenders re-offend not so simple.
Length of time is also important to consider when reviewing recidivism, notes a 2004 recidivism study conducted by Public Safety and Emergency Preparedness Canada. The study included parts of the United States.

“For all crimes … the likelihood that the behavior will re-appear decreases the longer the person has abstained from that behavior,” the study said.

In a 1994 study by the Bureau of Justice Statistics, the study found if sex offenders were re-arrested for a new sex crime, it was likely to happen within the first 12 months of their release.

In the first three years of being released, the study found that 5.3 percent of sex offenders had been rearrested for a sex crime.

The more recent Canadian/U.S. study showed overall recidivism rates based on re-convictions, were 14 percent after five years, 20 percent after 10 years, and 24 percent after 15 years.

“Most sexual offenders do not re-offend over time,” the study found. “This may be the most important finding of this study, as this finding is contrary to some strongly held beliefs.”

In short, after 15 years, 73 percent of sex offenders had not been charged or reconvicted of another sex offense.

All offenders are also not equally likely to reoffend. In addition, Brunett lists three risk factors leading to a greater chance of recidivism. Offenders whose victims are male, unrelated to them, or a stranger are more likely to repeat their crimes.

Age of the offender also plays a role. The older the sex offender, the less likely they are to reoffend.
And although cases where strangers sexually assault victims are usually more publicized, Deming points out that victims much more often know their perpetrator.

Overcriminalized.com – “Overcriminalization”

Overcriminalized.com : “Overcriminalization” describes the trend in America – and particularly in Congress – to use the criminal law to “solve” every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives. Criminal law is supposed to be used to redress only that conduct which society thinks deserving of the greatest punishment and moral sanction.

But as a result of rampant overcriminalization, trivial conduct is now often punished as a crime. Many criminal laws make it possible for the government to convict a person even if he acted without criminal intent (i.e., mens rea). Sentences have skyrocketed, particularly at the federal level.

This applies directly to the implementation of Adam Walsh Act laws, where legislators are applying the new laws retroactively to offenders who committed a crime years before the laws went into effect. Since our U.S. and State Constitutions forbid applying criminal penalties retroactively, these corrupt lawmakers argue that the laws are “civil” in nature, and not criminal. The facts are obviously contrary to this argument, however, as criminal penalties are applied to failure to properly follow all the new restrictions registration requirements.
(see Lesson: ” Kennedy 7″ Criteria ( Punitive vs. Civil ))

Legislation listed on Overcriminalized.com includes the International Megan’s Law of 2009 and the Prevention and Deterrence of Crimes Against Children Act of 2009

NE Sex Offender Tiers To Change

suntelegraph.com : NE Sex Offender Tiers To Change.

It’s been more than three years since former President Bush signed the Adam Walsh Child Protection and Safety Act of 2006, and Nebraska lawmakers are playing catch-up to avoid a 10 percent reduction in Byrne justice grant funding (a blackmail of the states by the Federal government to force them to adopt the AWA).

The Nebraska Sex Offender Registration Act is getting an update via LB285 passed in the last legislative session, allowing the act to better comply with federal laws and helping Nebraska retain its funded status.

Cheyenne County Sheriff Darrell Johnson said the new amendments change the way a sex offender is tiered in the program. All offenders will be listed publicly by the amount of years they must register whereas previously only Level III offenders had their information publicly available.

Level I – low risk – and Level II – moderate risk – were forced to register like Level III’s but their information didn’t go any further than the sheriff’s office.

Under the new law, all current and future registrants will be classified by the new levels that determine how long they must register and all will be subject to community notification. That means sex offenders hidden from public view will become known to the community.

New reporting requirements will include all addresses where a sex offender lives or frequents, all employment locations, all school information, travel and immigration documents, professional licenses or certificates, e-mail addresses and chat room ID’s, remote communication device identifiers, signed consent form to search, DNA sample collection and palm prints, in addition to fingerprints. Offenders are required to register within three days prior to release from incarceration.

The offender must report any change in residence/temporary residence, employment or school on an approved form. Anyone required to register is required to report each e-mail address, instant messaging address and any other Internet communication identifiers they use, such as Facebook and MySpace. Any changes must be submitted within 24 hours or else the offender is subject to a felony charge.

If a sex offender was convicted of a registrable offense not punishable by imprisonment for more than a year, they fall within the 15-year category. Fifteen-year registrants are required to report for verification annually in person at the sheriff’s office in the month of the offender’s date of birth.

If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, they fall within the 25-year category. Twenty-five-year registrants are required to report for verification bi-annually in person at the sheriff’s office in the month of the offender’s date of birth and six months following.

If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, and was convicted of an aggravated offense or had a prior sex offense conviction, they fall within the life category. Life registrants are required to report for verification quarterly in person at the sheriff’s office in the month of the offender’s date of birth and every three months thereafter (until the day they die) .
The bill goes into effect Jan. 1.

An American Witch Hunt

Change.org : Reform Sex Offender Laws to Protect the Falsely- Accused and the Non-Violent.

People on the registry (far too many innocent or not dangerous) have been murdered, committed suicide, had their homes set on fire, been evicted, lost their jobs,etc.etc. Stephen Marshall killed two men who were on the sex-offender registry in Maine. Immediately after, he took his own life. One of the men Marshall killed, Joseph Gray, was on the registry for raping a child. The other, William Elliott, was listed because he’d slept with his girlfriend before she turned 16.

Eighty-seven percent of people who were arrested for sex crimes had not previously been convicted of such an offense, according to a 1997 study. Just 14 percent of all sexual assault cases involved strangers, according to the U.S. Bureau of Justice Statistics. These are examples of who is on the dreaded registry:

1. Romeo and Juliet liasons, false accusations of vindictive teens against an older teen (18 or 19)

2. False accusation by vindictive parents in child custody cases and/or family feuds- There are more of these than most people would believe. There are many reports of people who admit to having lied about being molested when they were younger. Now they would like to have the person wrongly convicted on their testimony set free.

3. Mutual consensual sex- but being 3 yrs. and 1 day older than the willing teen (can bring and has brought multiple felony indictments)

4. Sex between consenting teen prostitute (who looks older and even may have lied about her age) with an adult male

5. Criminal charges that later are dropped for insufficient proof but not appealed in time, so are still on a registry

From all I have read, the number of true pedaphiles who are actually dangerous is relatively small. But check out the registry. You’re liable to see people who look like your mailman, grocery clerk,etc.etc. And ones who look like they fit the profile could be the least guilty and vice verse. But the numbers are growing exponentially. And as long as politicians and the media can make hay (or reputations) out of this issue, it will breed fear and hysteria and ruin men (mostly) and their families lives who do not deserve to have this happen ! Where are the churches on this issue? Where are people who say they care about justice?

Watch Independent Film, “Witch Hunt” brought to anyone who wants to learn by Sean Penn and two courageous filmmakers. http://video.aol.com/video-detail/an-american-witch-hunt-trailer/2503773105

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S. Korea to Post Sex Offenders Online

koreatimes.co.kr : Identities of Child Sex Offenders Disclosed Online.

South Korea will soon regret this decision, as they will see what we have seen in the United States. The fact is that these public registries and notification are counter-productive and ineffective with regard to public safety, and result in ostracism and social banishment of whole classes of citizens. We do not know the Korean Constitution, but our guess is that it is modeled after the U.S. Constitution. In that case, they will be experiencing similar nationwide legal challenges to such laws. As friends of South Korea, we honor their desires to model themselves after our nation. But they should have learned from the U.S. and chosen NOT be follow the U.S. in this case.

South Korea will disclose the identities of all convicted child sex offenders on the Internet starting next year in an effort to better protect children amid a growing number of sex crimes against minors.

The Ministry of Health, Welfare and Family Affairs said all adults aged over 20 will be allowed under a revised law to log on to a government-run Web site featuring the latest information on all convicted child sex offenders, including their names, ages, addresses, photos and summaries of the offenses.

With the opening of the new Web site, South Korea will become the second nation in the world to make public photos of sex offenders after the U.S., Yonhap News Agency reported, adding their personal information will be disclosed for five to 10 years.

The Korean government will also push for separate legal revision to mail the personal information of all convicted child sex offenders to all households with children in their neighborhoods.

Under the present law, the personal information of those who are convicted of sex crimes against minors under 13 is open to the public only on a limited basis, making it available in the district police stations alone.

A growing number of violent sexual assaults on children have recently put escalating pressures on the government and judiciary to get much tougher with sex offenders.

To avoid possible revenge attacks or violence against the registered offenders, the revised law will prohibit the spread of their information through media or Web sites, the officials said.
(This is one thing the U.S. system has failed to do)

MA : Kick Sex Offenders from Homeless Shelters

boston.com : Sex offender ban sought for homeless shelters.

As the state’s steep budget cuts have forced organizations that help the homeless to cut beds, staff, and programs, the advocates for the needy say banning sex offenders would allow shelters to save money on security, open up space for others, and make shelters safer.

The Massachusetts Housing and Shelter Alliance, which represents 90 organizations that provide services to the homeless, has urged state lawmakers to add shelters to an increasingly long list of residential bans for many sex offenders. They are already barred in some communities from living near schools, day-care centers, parks, playgrounds, libraries, or nursing homes.

While those who study sex offender recidivism rates say such residential restrictions are counterproductive, state lawmakers who support the proposed legislation argue that it also would fix a loophole in the law, which for five years has required the most dangerous sex offenders to post their names, addresses, and photos on a public website. They say too many sex offenders bypass the law by listing a homeless shelter as their address when they live elsewhere.

In a review yesterday of 162 Level 3 sex offenders – those with a high risk of committing sex crimes again – who list addresses in Boston on the state’s online registry, the Globe found that at least 74 percent reported they were living at homeless shelters.

Those who treat sex offenders and monitor recidivism rates say such residential restrictions make it more likely they will commit future crimes.

Tracy Velazquez, executive director of the Washington-based Justice Policy Institute and author of a report, “The Pursuit of Safety: Sex Offender Policy in the United States,’’ said Massachusetts would be one of the few states to pass such a restriction. Florida also bans sex offenders from homeless and hurricane shelters.

She said if the bill becomes law, Massachusetts would join other states in making it more likely that a sex offender ends up on the street. In 2000, she said only five states had residential restrictions limiting the proximity of an offender to a school, park, or nursing home; now 30 states have such restrictions, forcing many into homelessness.

“If the purpose of this ban is to continue to punish and effectively banish people after they’ve done their time and paid their debt to society, then it’s a pretty effective policy,’’ she said. “If it’s to increase public safety, then banning registered sex offenders from shelters is counterproductive. It will make it harder for law enforcement to keep track of their whereabouts, and harder for them to meet their basic human needs, which in turn makes it harder for them to live successfully in the community.’’ She and others said research shows there’s no link between where sex offenders live and whether they commit new crimes.

Jill Levenson, a professor of human services who researches sex crime policy at Lynn University in Florida, said a study she completed last year of 330 sex offenders who live near schools and day-care centers in Florida found that they were no more likely to re-offend than other former convicts.

“The risk that sex offenders might pose in shelters for women and children may make sense, but to ban them from any shelter would have to be balanced with the need to provide social services to sex offenders,’’ she said. “If someone is homeless, despondent, and desperate, they’re more likely to resume a life of crime.’’

Others questioned the constitutionality of banning sex offenders from shelters, which are often obligated by state contracts to accept just about anyone they have room for who presents themselves as homeless.

Officials at the American Civil Liberties Union of Massachusetts, which has opposed similar residential restrictions from Barnstable to Lynn, argue that they impose additional punishment after convicts have served their time.

“Just as a matter of public policy, these restrictions make no sense,’’ said John Reinstein, legal director of the ACLU of Massachusetts. “Do we want to cut them loose entirely, so we don’t know where they are? What does someone do with no place to live, and they can’t go to a homeless shelter? And what are the implications for public safety and the sex offender law, which requires them to register where they live?’’

IN : Retroactive Registrations Unconstitutional

theindychannel.com : Hundreds Of Sex Offenders Removed From Registry -
Court Ruling Calls Retroactive Registrations Unconstitutional.

(If you are registered in Indiana, you must follow this procedure to have your name removed):

Indianapolis – Hundreds of convicted sex offenders could have their names and pictures removed from county lists after a state law was ruled unconstitutional. In 1994, the Indiana Legislature created Zachary’s Law, or the sex offender registry. Three years later, the Legislature amended the law to require all persons convicted of sex offenses to register. But this September, the Indiana Supreme Court reaffirmed its own ruling that the law was unconstitutional because it required those convicted before the law was enacted to register.

On the advice of the state attorney general, the Marion County sheriff will now allow those required to register retroactively to have their names removed from the list, 6News’ Jack Rinehart reported.

“We’re not going to remove anybody. We’re taking no enforcement action,” said Lt. Bob Hanna, who oversees the Sheriffs’ Sex and Violent Offender Registry. “As far as removing faces, names and addresses, we won’t do that without a court order.”

Sex offenders who registered retroactively can petition the court that held jurisdiction over their case to remove their names from the registry. They will then have to present that order to the local sheriff’s department.

In Marion County, which currently has 3,606 registered offenders, more than 800 sex offenders would be eligible to have their names removed from the list.

Residents said they’ll find a way around the law change. “I think what you’ll see is groups or agencies that will pop up and track these individuals that will try to take themselves off the list,” said Bill Callahan of the Brookside Neighborhood Association. “There’s nothing to stop people from getting public information about a person and creating their own list.”

Is that a threat of vigilantism or harassment ? Perhaps someone should report this threat to the authorities.