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Sabtu, 02 Agustus 2014

Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders

Ball & Chain
Original Article (PDF)

03/2014

By Erin Miller

Draconian restrictions on the activities and privacy of convicted sex offenders are a new, and troublesome, trend. In 1994 and 2006, following a national dialogue about crimes against children sparked by several high-profile incidents, Congress passed two laws requiring states to register and regulate sex offenders residing within their borders. States and municipalities soon caught on, and deepened restrictions. In the last five years alone, local governments have forbidden sex offenders to live within 2,000 feet of schools; “be” within 500 feet of parks or movie theaters; enter public libraries; drive buses or taxis; photograph or film minors; and use social networking websites like Facebook. Others have required sex offenders to advertise their status on driver’s licenses or social networking profiles; wear GPS bracelets at their own expense; notify local police when present in any county within the state for longer than ten days; provide notice to all new neighbors within a roughly quarter-mile radius when they move; and pay up to $100 annually to maintain sex offender registries. These burdens typically last for a decade or for life, depending on the jurisdiction and the type of crime committed.

Jumat, 16 Mei 2014

NY - Bill would tighten sex offender rules

Morning paper and coffeeOriginal Article

05/10/2014

Legislation introduced by state Sen. Patrick Gallivan concerning sex offenders makes sense and should be approved by lawmakers. The bill would require the state to notify local municipalities and schools when a sex offender is transferred from a state facility to a community residence or program. The commissioner of the Office of People With Developmental Disabilities would be required to make the notifications no later than 10 days before the transfer takes place.

The relocation of dangerous individuals to a residential neighborhood is always cause for concern. Local officials have a right to know about the transfer of sex offenders into a community program or residence in their community, so that they have time to properly address public concerns and security issues,” Sen. Gallivan said in a news release.

The bill, S7064, is co-sponsored by state Sen. Michael Ranzenhofer, and has been referred to the committee on Mental Health and Developmental Disabilities.

Such notification would go a long way toward easing concerns such as were raised when several developmentally disabled sex offenders were placed in group homes after the state facility where they had been staying was closed. People living near the state-owned group homes, in West Seneca and Scottsville, were caught off guard.

Notification is important. People do need to know when a convicted sex offender is living in their neighborhood. They also need to assess the level of danger that sex offender poses. Each convicted sex offender is evaluated and assigned a level. Factors taken into consideration include use of force, weapons, alcohol or drugs, the victim’s age, number of victims, assault or injury of the victim and relationship to the victim. Then a judgment is made according to how likely the offender is to repeat the behavior. Those at low risk of repeating the offense are assigned to Level 1; Level 2 is for those with moderate risk; Level 3 are those at high risk of re-offending and who present a threat to public safety.

Knowledge goes a long way toward easing fears and helping people deal appropriately with the situation. A Level 1 offender in the neighborhood is reason for caution, not panic. Sen. Gallivan’s bill would make sure people get the knowledge they need to keep everyone safe.

People should remember, however, that not every sex offender has been caught and conveniently labeled. Children need to be protected from known offenders, but they also need to be protected from offenders who aren’t yet known. In the end, there is no substitute for good parenting and precaution.

Senin, 03 Februari 2014

MA - State Rep. James Arciero gets an award for eradicating peoples rights?

Award for eradicating peoples rights?Original Article

The sex offender registry doesn't prevent crime or "protect" anybody, it only opens ex-offenders, their families and children up to harassment, bullying or worse. And now more will be victims of vigilantism!

02/03/2014

By Samantha Allen

WESTFORD - State Rep. James Arciero was recently recognized by the group Community VOICES for legislative efforts to the change the state Sex Offender Registry law.

Arciero, D-Westford, was awarded the "spirit of compassion" award at the Statehouse along with state Reps. Brian S. Dempsey, of Haverhill, and Eugene O'Flaherty, of Chelsea. According to Laurie Myers, president of Community VOICES, these legislators were pivotal in ultimately changing Massachusetts law regarding Level 2 sex offenders and their criminal information.

"Allowing citizens practical access to tools (parents) can use to keep themselves and their children safe is in the best interest of public safety," Myers said. "We appreciate the leadership shown by these three representatives, and we are grateful for the compassion they have shown the victims and survivors who were involved in advocating for this law."

Myers is a longtime victim's-rights advocate and founder of Community VOICES who has also been working on this issue for many years. The organization is a citizens group, founded in 2004 to support, advocate and represent victims and survivors of crime with particular emphasis on issues of sexual assault and internet safety.

The information regarding the crimes of Level 2 sex offenders has always been public information, according to the group, but in order for interested citizens to access it, they were required to go to their local police stations. Arciero filed legislation in the last two legislative sessions to affect change in the accessibility of that information. Level 2 offenders have in the past been convicted of such crimes as the rape of a child with force, indecent assault and battery on a child under the age of 14 and other crimes against children.

Success finally came, according to Community VOICES, when Gov. Deval Patrick signed the state budget containing necessary language to allow for the posting of the information online by the Massachusetts Sex Offender Registry.

"Whatever we can do to make our neighborhoods safer for children and families is important," Arciero said. "This simple change allows individuals to instantaneously know who is living and working in their communities without the need to fill out paperwork at their local police stations."

"I believe it is in the best interest of the citizens of Massachusetts to have the right to see all the information available on these offenders in order to make their own determinations as to what steps to take to keep themselves, their families and their neighborhoods safe," Arciero added.

Before the awards were handed off to the representatives, Wena, a specially-trained service dog for victims of crime, walked them over and shook Arciero's hand.

Jumat, 31 Januari 2014

FL - Volusia schools to parents: Not our job to notify about sex offender

Lazy slob wants everybody else to do it for them!Original Article

01/30/2014

By Saul Saenz

PORT ORANGE - Concerned parents confronted a Volusia County school district administrator Thursday about why they were never told a sexual offender lived across the street from a Port Orange elementary school.

Sugar Mill Elementary School parents were upset with the answer they were given during a PTA meeting -- that it’s their responsibility to find out about these things, not the school district's responsibility to tell them.

That sex offender, who just last week lived a stone's throw away from the school.

He was living there legally because he was convicted before any laws governing where sex offenders can live were passed. However, parent pressure forced him to move out.

I want the school just to put out a courtesy call that lets the parents know when there is an offender that moves in newly," said Cheryl Fidler, whose children attend the school. "The school knew for a week before we did.”
- The mindless zombies also want Gubment to tell them when to go to sleep, what to eat, etc!

School district administrator Greg Akin told parents they need to find out who lives in their neighborhood using tools like the FDLE sex offender website.

But from a school district’s standpoint, it’s not a requirement," Akin said. "It’s not one of our requirements, there are rules, laws and regulations that we have to notify any parent on any offender or predator.”

He said that’s the job of law enforcement to release that information and the responsibility of parents to find out.

Where's my food?
The meeting comes after Port Orange city council members decided to move forward on a proposed ordinance that would require public notification signs outside the homes of sexual predators living in the city.
- Heil Hitler!  He loved signs and badges as well.

Tuesday night they agreed to place the ordinance on the council’s meeting agenda next month for further consideration.

The signs would also include the predator’s name.

Last week council members unanimously passed an ordinance that places tighter restrictions on where sex offenders can live inside Port Orange city limits.

Senin, 27 Januari 2014

Risk of Erroneous Deprivation

Morning paper and coffee
Original Article

01/26/2014

By Robert Wolf

The current procedures under the public notification provisions of the law are extremely broad and contain absolutely no safeguards to prevent erroneous deprivations of a registrant’s liberty interests. Without any preliminary determination of whether and to what extent an offender represents a danger to society, the level of danger to the public posed by any particular sex offender, if any, remains unknown. Surely, not all offenders present a significant danger to the public. Yet, the law currently deprives all offenders — including those who present no danger to the community and are not likely to recidivate — of these interests automatically, for life. Therefore, persons convicted of crimes listed under the law who do not pose a significant danger to the community are at substantial risk of being erroneously deprived of their liberty interests.

A weighing of these factors leads us to conclude that, at a minimum, the plaintiff should be entitled to notice and an opportunity to be heard prior to public notification of his status as a sex offender. In other words, the State must allow a registered sex offender a meaningful opportunity to argue that he or she does not represent a threat to the community and that public notification is not necessary, . Because the law provided the plaintiff with neither notice nor an opportunity to be heard in a court room prior to notifying the public of his status as a convicted sex offender Its due process clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights.

Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. Th state can not assume guilt and force the defendant to prove his innocence If the reason for the law is to protect against the offenders that pose a high risk to re offend at the present time then the state has a responsibility to the citizenry to prove on an indivisible basis that a person is dangerous. Since the data shows that 85-97% will not re offend it is the states responsibility to prove beyond reasonable doubt that a person falls within that 3-15% before the re-registration and the notification

Senin, 28 Oktober 2013

AL - Sex offender speaks out against Alabama bill that would regulate sex offender clusters

Community Notification Flyers
Community Notification Flyers
Original Article

10/28/2013

By Mike Cason

MONTGOMERY - A registered sex offender is doing what he says few other offenders will do, speaking out against a bill that would further restrict where they can live.

Derek Logue opposes a bill that would make it illegal for sex offenders to live at the same residence without a live-in monitor and a license from the sheriff. Legislators and a prosecutor in Autauga and Chilton counties say the licensing and monitoring are needed to protect the public from having large numbers of offenders in one place.
- If you want to prevent a large number of offenders from living near each other then remove the residency restrictions that are creating the clusters in the first place!

Logue says it’s already hard enough for them to rejoin society after leaving prison. They can’t live or work within 2,000 feet of a school or daycare.

There’s not a lot of hope for us,” Logue said. “But transitional housing at least gives people some stability. What you want is to have a chance to reintegrate back into society.”

Logue said they need stability during the first couple of years after prison and said that's when they are more likely to commit another crime. He said the bill would effectively block halfway houses and group homes that could help offenders and reduce recidivism.

Officials in Chilton and Autauga counties say their priority is public safety.

C.J. Robinson, chief deputy district attorney for Autauga, Elmore and Chilton counties, said 49 sex offenders have lived at the same Chilton County address since 2010. An average of about 10 live there on most days, Sheriff Kevin Davis said. They live in trailers behind a small church. It’s not in a dense neighborhood, but there are houses scattered along the two-lane highway near Triumph Church, which is outside Clanton.
- And how many new sexual crimes have been committed by these folks?  Apparently none or we are sure they would have mentioned it!

Robinson said nothing in state law prohibits such a concentration of sex offenders. Laws pertaining only to Birmingham and Jefferson County restrict sex offenders from living together there.

Robinson compiled his numbers from notices the district attorney's office receives when a registered sex offender moves into the county. He points out that only two of the 49 men committed their crimes in Chilton County.

More than half of the 49 were convicted of rape. Most of their victims were minors, including many who were children.

Sheriff Davis said the men have not caused a problem. Robinson said he doesn't want to wait until they do.
- If you look at the facts and not your own emotions, you'd see the recidivism rate is already very low, so the chance of someone committing a new sex crime is very slim to none!

I don't have the luxury to morally sit and wait until we have a child or a woman victimized by one of these men,” Robinson said in an email. “They have no ties to Chilton County and I would like to see them return to from where they came. We will take our troubled souls back, other counties should tend to their own as well. This community wants to send a message that we are not a landfill for the rest of the state to dump their sexual predators on.”
- We're sure if you had a large number in your own county you'd be saying you didn't want them either!

Ricky Martin, pastor of Triumph Church, declined an interview request from AL.com.

Logue said he doesn't know Martin or know about the program, but says the fact that the men haven't caused a problem seems noteworthy.

"Despite how they may feel about this group of people, it seems like the program is pretty successful," Logue said.

Bill pre-filed for January

Rep. Paul Beckman
Rep. Paul Beckman
Reps. Kurt Wallace, R-Maplesville and Paul Beckman, R-Prattville, are sponsoring House Bill 21, pre-filed for the legislative session that starts in January. It would define a lot where two or more unrelated sex offenders live as a “residential sex offender cluster.” It would make it illegal for a sex offender to live in a cluster that was not licensed by the sheriff. It would make it illegal for a person to own or operate an unlicensed cluster.
- And how much is the license going to cost?  Surely this will be knocked down by the courts?

In addition to the place in Chilton County, Beckman said multiple sex offenders live in trailers on a piece of land in Autauga County.

We’re right now trying to protect the public,” Beckman said. “And the public is saying to us right now in Chilton County and in Autauga County, ‘We don’t want to take care of other people’s sex offenders.’
- If no crimes are being committed, then how are you protecting the public?

Wallace proposed a similar bill during this year’s legislative session, but it failed.
- And surely this one will as well?

Logue spoke against that bill at a public hearing. He plans to return to speak against the new bill next year.

Most registered citizens are too afraid to speak out,” Logue said. “Somebody has to be a voice because so few of us are willing to speak out.”

Logue pleaded guilty to first degree sexual abuse in 2001 in Franklin County. His victim was an 11-year-old girl. He was released from prison in 2003 and lives in Cincinnati.

Logue operates a website called Once Fallen.com and advocates for reforms of laws that limit where sex offenders can live and work. He supports punishment for sex crimes but says punishment should not continue after an offender has served his time.

Proponents of HB21 say sex offenders living together could negatively influence each other and make it more likely they will commit another crime.
- And that is strictly based on emotions and not facts.  Do they think ex-offenders are going to plan some mass molestation or something?  Give us a break!  Other offenders want to stay clean and so they keep each other in check, not the other way around.

"I don't like the idea that like minds are all together," Beckman said.
- Like in congress?

Logue takes issue with that and says sex offenders are not a homogeneous group.

We’re not all pedophiles,” Logue said. “We’re not all rapists.”

Proponents of HB21 say they would not oppose sex offenders living in facilities that effectively counsel or treat them, although they say they know of no such program. The bill would authorize the Alabama Department of Mental Health to promulgate rules for residential sex offender clusters.
- Sounds like a conflict of interest to us.

David Jackson, chief operating officer for the department, said it does not certify treatment programs for sex offenders.

Concern about unintended consequences

A lawyer for a nonprofit organization that advocates for criminal justice reforms said there could be unintended consequences of restrictive laws that make it hard for sex offenders to find homes and jobs.

First and foremost, I don’t think anyone disagrees that our first priority as a society should be to protect our children,” said Ateeyah Hollie, who works for the Southern Center for Human Rights in Atlanta. “While I appreciate the lawmakers attempt at doing so, my main concern is that they do so in a practical manner that won’t further endanger our community.”

"The more restrictive we get with these residency and employment restrictions, the more likely we’re going to increase recidivism, which I don’t think is the lawmakers’ intent.
- Well we think that is their intent, so they can keep the prison system raking in the money!

Hollie said instability in residency and employment are key factors in recidivism.

Hollie spoke against the bill Wallace proposed during this year’s legislative session. She has not read the new bill.

Registration and residency restrictions on sex offenders gained national attention in the 1990s. Congress and states passed what were called Megan's Law, named after a 7-year-old New Jersey girl who was assaulted and murdered by a neighbor who was a convicted sex offender.

A 2012 report funded by the National Institute of Justice, "Sex Offenders: Recidivism and Collateral Consequences," examined the effect of sex offender registration and notification laws on recidivism.

The researchers found that the laws had limited effect on recidivism. The report said sex offenders have an overall low rate of recidivism but that some are high-risk, and that laws would be more effective if they targeted the high-risk offenders instead of all sex offenders.

Logue said some of the restrictions on residency and work amount to continual punishment after a prison sentence ends.

When a person has served his time and they get out they should be given an opportunity to become a productive member of society,” Logue said. “We don’t treat murderers the same way. We don’t say murderers can’t live within 2,000 feet of another human being. That would be silly.”

Logue said there are effective rehabilitation programs.

"If we're really serious about trying to prevent reoffending, we should be doing things that we know work," Logue said. "Rehabilitation is not popular, but it's the right thing to do."

Wallace and Beckman said their bill would allow Alabama counties flexibility on how to handle sex offender clusters because it would be up to sheriffs to decide whether to license them.
- And we are sure nobody would get a license also.

"Until somebody comes up with a program that can be sanctioned by the state that proves we can improve the frequency of these guys reoffending, I'm just going with what I say is common sense," Wallace said.
- You already have a ton of studies that show recidivism is low already, in the single digits, so what else do you want?  You are just exploiting the issue for your own political gain, in our opinion.

Jumat, 25 Oktober 2013

In Defense of Rational Sex Offender Public Policy and Laws

Level 3 sex offender community notification
Original Article

10/17/2013

By Christopher Zoukis

The past several weeks I have been researching the sex offender laws applicable for sex offenders living in Rhode Island and in South Carolina. While not surprising, the laws are anything but rational and they are certainly not empirically based. This goes across the board, not merely in Rhode Island or South Carolina but at both the state and federal levels.

The Adam Walsh Act of 2006 (Wikipedia) requires sex offenders to be classified in one of three tiers of supervision. Tier 1 sex offenders have lighter restrictions placed upon them (e.g., report to their sheriff's department every year, most likely be on the public sex offender registry, and comply with any state or local residency requirements), while Tier 3 sex offenders have extraordinarily onerous restrictions (e.g., report to their sheriff's department every 90 days, possibly be placed on GPS monitoring, have regular in-home and at work spot inspections, etc.).

On its face it looks as if sex offenders are monitored -- and have restrictions -- according to their risk of reoffense. After all, there are distinct qualifications for each tier assignment. But what is the difference between a Tier 1, Tier 2, and a Tier 3 sex offender? The answer to this, not surprisingly, is not much. There are some differences in offense conduct or frequency, but not many. To put this in context, there are very few Tier 1 sex offenders compared to the number of Tier 2 sex offenders. And there are fewer Tier 3 sex offenders than Tier 2 sex offenders. But most sex offenders are merely grouped together in the second tier category.

If we accept that most sex offenders will be placed in Tier 2, with those particular restrictions and registration protocols, then we are also accepting that the one-size-fits-most view be employed. This results in a dilution of effective sex offender community monitoring. Essentially, those with a higher risk and those with a lower risk, who are clumped into Tier 2 sex offender registration and monitoring requirements, will receive the same level of community monitoring, outpatient treatment, and communal notification. This seems like a foolhardy public policy decision, from both a public safety and fiscal perspective.

Ask yourself this, does it sound right to have someone who is known to sexually assault children or women at a bar on the same level of community monitoring as someone who freely downloaded child pornography on their computer? It doesn't sound right to me. In fact, the situation gets worse when you take into account that Tier 1 sex offenders are placed on the sex offender registry for fifteen years, Tier 2 twenty-five years, and Tier 3 for life.

Sabtu, 19 Oktober 2013

CANADA - Calling a sex offender 'friend' Circles of Support & Accountability helps reintegrate and reduce risks

Otto and Florence Driedger volunteer with one of 25 Circles of Support and Accountability in Regina and area to provide positive support to recently released sex offenders.
Otto and Florence Driedger
Original Article

10/19/2013

By BARB PACHOLIK

Friends, family, a job, a place to live, they're the trappings of a life most people take for granted - unless you're a released high-risk sex offender.

They are the pariahs of the Canadian criminal justice system, both inside and outside prison walls.

The recent panic and school lockdowns surrounding high risk Alberta sex offender _____, who went on the lam after cutting off his monitoring ankle bracelet, is a tangible example of the anxiety they instil.

But few will be locked away forever. The correctional system is built on the notion of rehabilitation - go to prison, get some help and you ideally come out a reformed criminal, ready to re-join a society you have been away from for years, sometimes decades.

But society is waiting with closed doors not open arms because you're a sex offender, seemingly reformed or not.

If you're alienated and unable to weave your way back into the fabric of society, the risk of falling back into old habits, under the old pressures, of ultimately reoffending goes up. But few people want to risk opening the door - to a job, to an apartment, even to a shopping mall at times - because you might reoffend.

Tom is living that catch-22.

He looks so altogether ordinary - a kindly middle-aged face, groomed, simply dressed. He speaks well, likes a good game of bridge and has a gentle wit.

The picture contrasts sharply with an image of the younger version of this man, captured in reports and old news clippings - angry, addicted, out of control, and seemingly without conscience as his terrifying, violent crimes left a string of damaged victims.

Never finishing one sentence before adding a new one, he has now served more than three decades - most of his adult life - behind bars. His victims - none of whom were children - would likely say it still isn't enough; the law has deemed otherwise.

He's now trying to create a life in Regina, "outside the wall," as he calls it.

When first released, his reputation preceded him after he became the subject of a public disclosure warning in Regina. Another smaller community was up in arms when word got out that he was considering a move there.

He doesn't begrudge the police for putting out a warning, which also urges the public against vigilantism.

"They're letting the public know there's a person like myself in their community," says Tom, who agreed to speak to the Leader-Post on the condition he not be identified. He is real; the name "Tom" isn't.

"I'm not out here to hurt anybody. What I done was very horrible," he readily admits.

With plans announced recently by the Stephen Harper government to create a publicly accessible national sex offender registry, even more people like Tom will be under a microscope.

"There are steps I've taken now to ensure things like that will never happen again," he says.

His key to finding his way - and hopefully success - is a group of community volunteers who aren't afraid to call a sex offender "friend."

"I've been out twice before. I always reoffended and went back in. This is the longest period of time I've been out. And that's because of COSA."

Circles of Support and Accountability or COSA began informally in Regina in the 1990s to assist people like Tom. It's essentially a circle of friends with volunteers from all walks of life who meet regularly with an offender, try to show him a "positive path," challenge him when he veers from it, and hopefully reduce his risk. In COSA, Tom is known as a "core member" not an offender.

"The one thing I don't think people understand is it takes a community to help a person reintegrate," says Amanda Richter Goddard, co-ordinator for COSA's South Saskatchewan branch, based in Regina. "Our mandate here is we don't want anymore victims ... And providing that accountability and supportive relationship to these guys has shown to be the way to help them reintegrate safely."

What began informally with one offender who remains involved in COSA to this day - "he's never reoffended," Richter Goddard quickly adds - became an official organization in 2002.

In that time, COSA in the province's south has worked with 25 core members. In more recent years, COSA groups have also formed in Saskatoon and Prince Albert.

"Right now we have a 95-per-cent success rate," Richter Goddard says of the 25 circles in Regina and area. That means 24 have never reoffended sexually or otherwise, excluding breaches of court-ordered conditions, such as breaking curfew or drinking.

One federal study found "most sexual offenders do not re-offend sexually over time." After 20 years, 73 per cent of sexual offenders had not been charged with, or convicted of, another sexual offence, the report notes.

"It's really hard to sit down and statistically show community members that people who have offended sexually have the lowest recidivism rates," says Richter Goddard. "It doesn't matter to people."

Otto Driedger has been with COSA since the beginning, was a consultant when it began nationally, and is currently a volunteer in Tom's circle, one of 15 active circles in southern Saskatchewan. A retired University of Regina human justice professor, Driedger recalls all too clearly the high price of helping a paroled sex offender.

"He was stoned," interjects Driedger's wife Florence, who is also in Tom's circle. She means that quite literally.

When a core member, whose offences involved children, was forced by residents to move from a neighbourhood, Driedger returned the next day to collect the man's belongings. A resident hurled stones at the professor.

"That was the most intensive kind of a thing we've had. And that was in the beginning. There's been a lot of public education since then," says Driedger. Still, they speak of one core member who isn't allowed in a Regina shopping mall - not because of anything he's done but because of the trouble his presence might stir up.

The Driedgers and Richter Goddard talk of the "barriers" offenders face in trying to move from long-term prisoner to lawabiding citizen.

Many of the fellows - all the core members are men - have trouble finding work. Florence recalls one who was on the job for three days with a major Regina company - until his record check came back and head office directed the employer to cut him loose.

"When you have those kinds of situations, it really deflates a person. You don't have the self esteem," she says.

Tom has been fortunate to find work. His employer knows he was in prison and for how long - but not necessarily for what crimes. "She just says, 'At least you're here everyday.' " It's a minimum wage position, and he'll need to do better if he's to afford his own apartment some day. He has put out a lot of applications. "It's very hard to find jobs - especially if you're a sex offender," says Tom.

Driedger has, on occasion, met the criticism head on, meeting with community members to explain COSA's approach.

"If you have a person in your community who has offended sexually - if you are hostile toward, alienate him even more, then there's a much higher risk of him reoffending than if you relate to the person in a positive kind of way. And take precautions," he says.

"Now, nobody can assure that it's not going to happen, but you can minimize the possibility by not having alienation," he adds.

Florence recalls a core member who once confessed, "I don't know what's normal." So institutionalized, the man thought the woman who served his morning java at a local coffee shop must be coming on to him with her smiles and pleasantries. The circle enlightened him on common courtesy.

COSA tries to have both men and women in a circle. "Persons who have offended sexually - some of them have a feeling that women are sex objects," says Driedger, adding the circle helps them relate to women as people.

And for offenders who have suffered sexual abuse in their past at the hands of a man, being able to build a positive relationship with a male is also crucial.

When he arrived at a Regina halfway house a few years ago, Tom joined COSA on the recommendation of his parole officer and a fellow parolee.

"I came to Regina and I only knew three people, so getting involved with COSA was really helpful for me. It introduced me to a whole new range of other people."

Like an arranged marriage, the initial meeting was nerve-racking. "But I figured that, after listening for a while, that it was in my best interests to be open and honest right away," he adds.

From the tentative first steps grew a friendship that saw Tom and another core member host a barbecue at the Driedgers' Regina home. "Where else would you have people from COSA, parole and police all mingle in the same setting," says Tom, adding that he and the other member wanted to say thanks.

The program has won the support of Regina police.

"In talking with our own people - people who understand and appreciate the role of COSA members and volunteers - they give people a lot of credit for their patience and their generosity and their willingness to work with people that most of society would shun," says police spokesperson Elizabeth Popowich.

In addition to being a positive role model, volunteers can help with routine things many take for granted - getting a bus card, shopping for groceries, going to a bank, making a doctor's appointment, or - as Tom quips at one point - sort out why a so-called "zero-dollar" cellphone still costs money. "If someone has been removed from society and incarcerated, all these little things can become stressors," Popowich says. "And it might become an opportunity for failure."

Popowich likens COSA's role to watching a pot of liquid on the stove.

"Nobody can predict when the liquid inside will reach its boiling point. And if we wait until we see the bubbles rising, it might be too late. But COSA - it's like they're in there and they're testing the water and identifying hot spots and trying to take measures to even things out again. And the testing comes through all of those interactions, the time spent with the core members."

Asked about his successful reintegration this time, Tom says another key difference was his decision not to return home. It helped him avoid falling back into old patterns of drug and alcohol use. He also meets weekly with a psychologist to tackle his own abuse issues from his past.

And for friendship and support, Tom meets regularly with his circle. Sometimes, they do little more than play bridge and swap stories. But it's a normalcy Tom never expected to find on the outside.

"It's not so much people I can turn to. It's people I can trust, because the trust issue is a big thing," says Tom. "They're one basic concern is my welfare - to make sure that I don't reoffend, to make sure I'm still on the right track."

Offenders join COSA voluntarily; it's not mandated by any parole or court order. In fact, Driedger says he would refuse a circle to an offender who was using it strictly to manipulate the system.

But even some who come willingly don't stay.

"Some (circles) have voluntarily closed due to the fact that they don't want to be involved. Maybe they aren't ready for it. Maybe they're not ready to be accountable," says Richter Goddard.

Upon joining a circle, the core member and volunteers sign a "covenant." Typically, the offender agrees to be honest, and abide by parole or court conditions, such as staying away from alcohol or drugs; the circle volunteers agree to respect the person and be available to him. "It's kind of a written agreement on how a friendship is," says Richter Goddard.

Before a core member signs on, he has to sit with the circle and give a brief history of his offences and his life. "It keeps you honest and helps be honest with others," says Tom.

If a core member heads in a direction that could lead to trouble, the circle volunteers will call him on it.

"In jail we say, you cannot con a con," says Tom.

"Well it's the same thing here when you start working with your core members. After a while, you get to know them, and they get to know you so well that they can tell when there's something that's not right."

Richter Goddard says if the behaviour was troublesome enough, the circle may consult with parole officials or police.

"They agreed that they could have friends that would call them out on their bad behaviours," she says.

Driedger is quick to add that volunteers walk "a fine line."

The circle is based on friendship, not surveillance.

But, he adds, "We all have circles of support and accountability. I always say, if I'm going to do something stupid, my wife is the first one that will tell me."

Richter Goddard recalls one core member who was challenged by his circle when they feared he might hurt himself or others. "They've had to get the police involved to make sure he hasn't hurt himself. And he still comes back because he knows that somebody cares for him - and I think that's something that he's never had."

Asked if the community is safer because of COSA, Driedger replies, "We cannot give assurances." Adds Florence, "We can't assure that of our next door neighbour."

But they point to a study that suggests high risk sex offenders who were involved with COSA were 83 per cent less likely to reoffend than those without a circle.

Tom says he's only one offender but is proof COSA is working for him. "This is the longest I've been out."

For the first time, he's actually finished a sentence on the outside. He recently moved out of a halfway house and into a private residence he shares with friends.

"It's how badly you want to stay out. I like it a lot better out here than I do inside. The people out here are a lot friendlier than the ones inside the wall."

Selasa, 08 Oktober 2013

Federal and State Laws Aim to Keep Tabs on Sex Offenders

News paper and coffee
Original Article

10/07/2013

By JANET RAASCH

When it comes to treatment of convicted sex offenders, Americans and the American justice system are very concerned. Sex offenders are seen as targeting the most vulnerable populations, especially women and children. They are often subject to longer prison terms and closer supervision once released than other kinds of offenders.

Currently, there are about 747,500 registered sex offenders in the United States. About one-third of these individuals are currently under close supervision, in prison or jail, in halfway houses or on probation. The rest have returned, unsupervised, to the community.

Low Rate of Recidivism
While in the criminal justice system, convicted sex offenders are required to undergo an array of treatments intended to deter them from re-offending. As a result of incarceration and treatment, only 5.3 percent of all sex offenders re-offend upon release (although those convicted of violent offenses re-offend more often). This rate is much lower than the rate for all other categories of convicts.
- Many more recidivism (re-offense) studies here.

Nonetheless, citizens want to make sure that they and their children are protected against the perceived danger of convicted sex offenders. Offenders who have exited the criminal justice system want to return to a normal life. These goals are starkly opposed.

Sex Offenders Must Register
In the United States, there are a variety of sex offender registration and notification systems. Generally, sex offenders are required to register with law enforcement of any state, locality, territory or tribe within which they reside, work and attend school.

The U.S. Congress in 1994 passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which required all 50 states to maintain a registry of sex offenders’ addresses so that their whereabouts would be known to local law enforcement agencies. Concerned residents can consult these registries.

Registration ranges from 10 years to the convicted sex offender’s lifetime. Recent legislation in some states requires that offenders also reveal their email addresses, chat room IDs and instant-messaging aliases. In some states, offenders must wear ankle bracelets as long as they are registered.

Communities Must Notify
Megan’s Law” in 1996 amended the Wetterling Act to allow for community notification. This mandated that law enforcement personnel proactively disclose registry information to neighborhood residents about sex offenders who live in close proximity. Landlords must include information about how to use the registry in their lease documents.

Some states notify the public only about sex offenders who pose a high risk to the community, but others employ broad notification practices and distribute information about all registered sex offenders. Community notification strategies can include press releases, flyers and door-to-door warnings about the presence of sex offenders.

Recent developments include the mandate that states sponsor Internet websites listing convicted sex offenders and, via the 2007 Adam Walsh Act, the establishment of a national online sex offender registry that allows a search beyond state borders.

Under the Adam Walsh Act, registered sex offenders must avoid by 500 to 2,500 feet all schools, bus stops, gyms, recreation centers, playgrounds, parks, swimming pools, libraries, nursing homes and places of worship.