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Senin, 23 Februari 2015

FL - PUBLIC ANNOUNCEMENT: THE RALLY IN TALLY

Advocates of sex offender registry reform will gather in a peaceful protest at the Florida State House in Tallahassee FL on April 22, 2015 during the annual Lauren Book's 'Walk In My Shoes' event. The Rally in Tally is a joint collaboration among civil rights activists; we seek to raise awareness of the sex offender law reform movement, provide educational material, and garner attention to our plights at a high-profile event that brings politicians, celebrity advocates, and the news media together.

The intent of the Rally in Tally is not to attack, dispute, or criticize the efforts of Lauren's Kids as it relates to raising awareness and the prevention of sexual abuse in America. However, we are taking a stand against the policies of the Lauren's Kids foundation in its efforts to promote and lobby for Florida's "scorched Earth" policies. Lauren Book and her powerful lobbyist father, Ron Book, have pushed a number of harmful policies under the Lauren's Kids banner, including tough residency restrictions that forced registered citizens in Miami-Dade County to sleep under bridges, in abandoned parking lots, and even along train tracks and warehouses. In the past year Lauren's Kids supported a law marking the state-issued ID cards of some registrants with a scarlet letter, creating "pocket parks" to expand exclusion zones against registrants, and is currently supporting a lifetime GPS bill for all registered persons. In addition, Lauren Book has referred to all registered citizens as "monsters," "incurable," a "clear and imminent danger," and "ticking time bombs."

We cannot make the Rally in Tally a success without you, our fellow activists. We need people willing to travel to Tallahassee to present the Book family, Florida Legislature and ill-informed public with a visual representation of the unconsidered consequences of hastily-devised legislation. Registered citizens, civil rights activist and registrant families are strongly encouraged to attend. Our hope is that anyone reading this will realize each person is needed at this rally to stand publicly for our rights. If you cannot attend the event, then we encourage you to support the rally movement by making a donation to assist in paying for supplies or sponsor someone who otherwise would not be able to participate.

Please send us an email at contact@womenagainstregistry.com for more information and to receive periodic updates about this exciting event!


Vicki Henry
Women Against Registry, President
202.630-0345
Fighting the Destruction of Families
Facebook: Women Against Registry
Follow us on Twitter: @WomenAgainstReg

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.

Rabu, 09 Juli 2014

CA - Sex-offender ordinance to be repealed

Unconstitutional
Original Article

07/06/2014

By CRAIG SHULTZ and DAYNA STRAEHLEY

Riverside County is poised to do away with an ordinance that sets rules on where sex offenders can live or visit in an effort to avoid a lawsuit.

The county established sex-offender residency and loitering prohibitions for unincorporated areas in 2010, but the Board of Supervisors gave preliminary approval last week to repeal the law because an appeal court has invalidated similar ordinances in other municipalities.

Hemet and Beaumont changed their ordinances recently for the same reason.

The county ordinance sets limits on where parolees could live and how close they could come to schools, parks and child care centers. The court said such laws are unnecessary because local ordinances regulating sex offenders are trumped by state law, a county report states.

County counsel insisted that the 2010 law be repealed because a legal group has been suing other counties that had passed similar ordinances, said Jeff Greene, chief of staff for Riverside County Supervisor Kevin Jeffries.

The courts have struck down every meaningful provision of our ordinance in other counties,” Greene said.

We asked if there was any of this that ought to be salvaged,” he said. The county counsel’s office insisted that there are still “good protections for families against sex offenders.”

State penal code provisions include a lifetime requirements for sex offenders to register with local law enforcement, prohibitions against entering any park where children gather and a prohibition against a sex offender living with other sex offenders or within 2,000 feet of a school or park.

The 2010 county ordinance prohibited sex offenders from being within 300 feet of a park, school or day care center Supervisors have not heard objections to the repeal of the ordinance from the sheriff or district attorney, Greene said.

The county ordinance came amid public furor over the prospect of a child rapist and killer, _____, being released to a Perris-area group home. _____ eventually was turned away from the facility. Two court rulings said parts of the ordinance were illegal.

In September 2012, the 4th District Court of Appeal’s ruling on a San Diego County case decided that blanket restrictions of Jessica’s Law were unconstitutional.

The law, named after Jessica Lunsford, a 9-year-old Florida girl who was the murder victim of a convicted sex offender who had failed to report his whereabouts, was approved by California voters in 2006 (Proposition 83).

It requires registered sex offenders who have been convicted of a felony sex offense to be monitored by GPS devices and includes a number of other provisions that increase the legal penalties for specified sex offenses.

The ruling does not prohibit the Department of Corrections from individually enforcing residency restrictions of the law in San Diego County, but disallowed blanket enforcement.

A different division of the same Court of Appeal issued a decision earlier this year invalidating ordinances in the city of Irvine and Orange County that prohibited sex offenders from entering public parks and recreational facilities.

The state Supreme Court in April denied Irvine’s request to review the decision, keeping the ruling in place.

Sabtu, 07 Juni 2014

FL - Sex Offender Shuffle Continues

Every day we're shufflin'!
Every day we're shufflin'!
Original Article

06/06/2014

The colony of homeless sex offenders in Miami-Dade County is once again being moved… 100 yards to the east!

After several months of complaining that over 100 registrants were sent to live in his parking lot, the owner of Adolfo’s House Beauty Supply received the concession from local police, who evicted the approximately 133 registrants living transient at the corner of NW 71st Street and 36th Court on Wednesday night.

Registrants were told that they would no longer be able to stay there at night and would be subject to arrest for trespassing if they were found there the following night.

Yesterday morning, registrants began making frantic calls to their probation officers asking what to do. Most are on GPS monitoring devices and if they are not at that street corner, they would similarly be subject to arrest.

The Miami-Dade probation office’s solution was to move them one block over. 100 yards to the east, which is the street corner where they spent their night last night. Within the next 48 hours 133 registrants will be scrambling to get their drivers licenses updated, as required by law, to “transient at 71st and 35th” instead of “71st and 36th”, paying the $25 fee for the address change and jeopardizing their employment to get it done.

… until the Miami-Dade Sex Offender Shuffle moves them elsewhere.

Minggu, 09 Februari 2014

WI - Freed, but still in jail: New limits on sex offenders leave them in care of sheriff

Man behind bars
Original Article

So he's done his time but because he couldn't find a place to stay, behind bars, he will remain behind bars? That is just so wrong!

02/08/2014

By Stephanie Jones

RACINE - _____ is supposed to be free. He’s not.

_____, a convicted sex offender, served his time and was supposed to be released from the New Lisbon Correctional Institution on Jan. 28. He was released on schedule, but his release was not to freedom. It was to the Racine County Jail. There was nowhere else for him to go.

It was a rather depressing situation,” he said about finding out the jail was his only housing option. “All I wanted was a place to live.”

Municipal ordinances have become so restrictive on where registered sex offenders like _____ can live in the county that state officials have directed the jail to hold him. It’s not clear how or when he’ll get out.

This is a new problem resulting from recent sex offender ordinances and it’s concerning, said Lt. Dan Adams of the Racine County Sheriff’s Office.

No options

In early January, _____, 59, was planning on moving into a transitional residence in the 2100 block of Racine Street in Mount Pleasant. Then those plans changed when the Mount Pleasant Village Board passed an ordinance Jan. 13 greatly restricting where sex offenders can live. That ordinance came on the heels of similar ordinances passed in Racine, Sturtevant and Caledonia.

Mount Pleasant’s new ordinance effectively eliminated the home _____ had lined up, which is near a church.

That was the last oasis,” Adams said about the Racine Street residence. “Then the ordinance passed. Now we are in this predicament.”

It’s not an issue that other released prisoners face, he said, because they have alternative shelters where they can stay that sex offenders cannot.

Staying at the Homeless Assistance Leadership Organization shelter also is not an option for sex offenders. Because families and children stay at the shelter, they don’t accept sex offenders except for particular circumstances such as if there is an 18-year-old who had a relationship with a 17-year-old, said Stephanie Koeber, HALO’s family program and child care director. She didn’t know offhand of any other place that will take sex offenders now.

It’s definitely a population that is underserved,” she said.

Past mistakes

_____ doesn’t try to justify the mistakes he made, he said. When he committed his first offense in 2000, he was living in Indiana with his wife and five children. He used to write articles for the Elkhart Truth’s sports department, he said, and he owned his own business that sold new and used equipment to fire departments.

Then he started an online relationship with a person who he thought was a 14-year-old boy, he said. He drove from Indiana to Racine County to meet the boy at the McDonald’s by Interstate 94 at 13343 Washington Ave. It turned out it was an undercover agent, and _____ was taken into custody.

Years later after he was released from prison for that crime, he ended up arrested again in 2007 after he was caught looking at a website at the Racine Public Library called “Barely Legal.” He said it turned out some of the photos were of teens under 18. He admits it was a stupid decision, although he claims he thought they were adults.

What’s next?

Now, after being released again, _____ is on extended supervision and he has a GPS monitor on his ankle, which he said he may have to wear for the rest of his life. His first goal is to find a job so that he can afford housing, he said Thursday while seated at the Department of Corrections Division of Community Corrections office in Sturtevant, with a notebook filled with possible job leads.

That is where he spends the day for the most part. _____ said his day starts with breakfast at the jail, then he gets a packed lunch and is transported to the Sturtevant corrections office, where he spends time looking for jobs until he is transported back to the jail before dinner. He is required to return to jail each night, Adams said.

Joy Staab, a spokeswoman for the Wisconsin Department of Corrections, said for sex offenders who warrant special notifications to law enforcement, the current policy is to “utilize jail in lieu of homelessness.”

This is a statewide policy, she said, although she did not know if it is occurring anywhere else outside of Racine County.

As a result of local ordinances restricting where sex offenders can reside, housing options can be very limited for sex offenders,” she said.

Another man at jail

According to the Sheriff’s Office, one additional sex offender in _____’s situation also has been housed in the Racine County Jail since Tuesday. Both men are listed in jail online records with their “hold reason” as “homeless sex offender.” It’s not clear how long the offenders will have to stay in jail, Adams said. The state will pay for the jail stays, he added. “I think there is some concern about what comes next,” he said. “There has to be some alternative solution because I don’t think this can be sustainable.”

In the two weeks since _____ was released from prison, he hasn’t had any luck finding work, he said. Until he gets a job, he doesn’t know how he will be able to afford rent, he said, and with the transitional facility no longer an option, he is not sure when he will be able to finally spend a night outside jail.

If he had money in the bank, possibly he could find someplace that the ordinance would allow a sex offender to live. But he doesn’t, and he is not sure where he could find housing.

I’m not trying to look for sympathy. I don’t expect that,” he said. But he said, “I did my prison time. Give me an opportunity. Allow me to try to put my life back together.”

See Also:

Selasa, 04 Februari 2014

TX - FBI Collection of Phone Metadata to Catch Sex Offender Ruled Legal

Cellphone
Original Article

For peoples own privacy, any time you take a photo, you should remove all the hidden metadata. A couple utilities that do this are Batch Purifier and JPEG & PNG Stripper.

02/04/2014

By Bonnie Baron

Federal judge rules that photo data from sex offender's iPhone was lawfully seized.

The FBI lawfully seized hidden iPhone photo data to locate a man accused of uploading child pornography, a federal judge ruled.

The U.S. government charged (PDF) _____ with sexual exploitation of children and distribution and possession of child pornography in August 2013. Because of _____'s status as a registered sex offender, he also faces penalties for committing a felony offense involving a minor.

In a six-page complaint made public upon _____'s arrest, Special Agent Richard Rennison described the investigation that led the FBI to the sex offender's door.

Rennsion said a sexually explicit photo taken with an iPhone 4 and posted on a website "primarily dedicated to the advertisement and distribution of child pornography and the discussion of matters pertinent to incest and pedophilia."

In the explicit photo, its young subject is sleeping on a leather couch.

According to Rennison's affidavit, the FBI investigators were able to glean embedded information, or metadata, from the image, including the make of the photographic device and the GPS coordinates where the photo was taken.

Law-enforcement officials first stopped at the home of _____'s neighbors who, as it turned out, did not have a similar leather couch or an iPhone 4, the affidavit states.

Realizing that the GPS coordinates could be off, Rennison said investigators took a closer look at other residents in the area. That their search turned up _____'s conviction for aggravated sexual assault of a child.

_____ ultimately let Rennison and a fellow task force officer enter his house where they found a similar couch, the affidavit states. _____ later admitted to taking the picture, and several others, of a 4-year-old girl in his home.

The sex offender argued (PDF) in court that the FBI violated his Fourth Amendment right to be free from unreasonable searches and seizures when it obtained the hidden data.

U.S. District Judge Gregg Costa nevertheless declined (PDF) last week to suppress the evidence.

"_____'s attempt to carve out the metadata from his public release of the image finds no support in the text of the Fourth Amendment or the case law applying it," the 10-page order states

Judge Costa found that _____ "gave up his right to privacy in that image once he uploaded it to the Internet, and that thing he publicly disclosed contained the GPS coordinates that led agents to his home."

"There is no basis for divvying up the image _____ uploaded into portions that are now public and portions in which he retains a privacy interest," Costa concluded.

Selasa, 28 Januari 2014

NY - Senator Charles Schumer passes another useless law to help himself look good

Think of the children!
Original Article

Just another pointless law in the name of a dead child to help someone else look good! You don't need another law when stuff is already available for it (Here & Here)! Reminds me of this South Park episode. And by the looks of the comments the sheeple are falling for it, as usual! Bahhhhh!

01/27/2014

NEW YORK (MYFOXNY) - Alex Siri, 15, has autism and is considered nonverbal. Alex uses an iPad program to let others know what he wants or how he is feeling. Alex's father is hoping his son will also benefit from a new bill proposed by Sen. Charles Schumer. If passed, Avonte's Law would use federal money to pay for a voluntary program to help police locate missing at-risk autistic children using GPS tracking devices.
- Federal money is tax payer money, and are you going to purchase and supply every single child in the state with a GPS device?  Yep, useless laws like this is why the country is going broke!

The proposal is named for Avonte Oquendo. The 14-year-old boy ran away from his Long Island City, Queens, school in October and was found dead earlier this month in the East River. Schumer made the announcement Sunday with Avonte's mother by his side. Schumer said it would be similar to a federal program that tracks seniors with Alzheimer's disease.
- Again, another useless law!

Just weeks before Avonte disappeared, Alex wandered away from his Upper East Side apartment. Luckily, he was quickly found.

Project Lifesaver is a similar private program already doing this for at people at risk.

"If the person goes wandering, each bracelet has a separate frequency in it, a radio frequency, they can tune their receivers, which they've been trained to use, go into an area, locate that radio signal, track to the person, locate them, and bring them back home," Gene Saunders, the CEO and founder of Project Lifesaver International, told Fox 5 via Skype.
- Like home security systems, this is just a way for companies to exploit people and fear to make money!

Until Alex gets such a device, his dad has tagged his shoes with his name and address and hopes Alex never needs that again.

More than 200 mourners attended Avonte's funeral Saturday.

Investigators are still trying to determine how he died.

Sabtu, 25 Januari 2014

AUSTRALIA - LNP Government in push for indefinite jail time for sexual crimes

Jarrod Bleijie
Jarrod Bleijie
Original Article

Isn't the government suppose to prove someone is dangerous instead of a person trying to prove they are not?

01/26/2014

Every sex offender in the state faces being indefinitely held in jail unless they can convince psychiatrists they are unlikely to reoffend.

From serial rapists to perverts who like to film up girls' skirts - hundreds more predators are in the firing line as the State Government moves to overhaul sex offender laws.

Advisers informing the State Government's review of sex offenders laws want to widen the Dangerous Prisoners Sexual Offender (DPSO) Act to not only make it even tougher for the courts to release predators but also to include other sexual offenders.

Asked about their advice, Attorney-General Jarrod Bleijie said he was "open to any ideas" and was consulting with relevant stakeholders.

"The brief is simple. We want to make these laws as tough as possible to ensure the worst of the worst stay behind bars," Mr Bleijie said.

"We are consulting with a range of relevant bodies, including the legal fraternity and child protection groups."

Looming reforms have, in part, been sparked by serial rapist _____, who successfully argued he should be released from his indefinite jail sentence.

Lawyers have already informed Mr Bleijie of shortcomings in the DPSO Act and the potential for it to be widened to include all sex offenders.

There are 96 offenders under the DPSO orders, which can attract an indefinite jail sentence, GPS tracking and tough community restrictions.

Unless an offender has committed a significantly violent offence, they cannot be dealt with as a DPSO.

It means even if a psychiatrist believes the predator will reoffend or escalate offending - such as a pervert who experts believe will eventually rape - they cannot be captured under the laws and they are released on parole.

And, those who try to meet children for sex online but are unknowingly trapped by an undercover police officer are also not to be captured under the DPSO legislation, even if doctors believe the offender will try to have sex with a child.

Bravehearts executive director Hetty Johnston said she first wanted the DPSO act tightened, and then widened to potentially capture the hundreds of other offenders.

She said she had advised Mr Bleijie that a sex offender should only be released into the community if three psychologists all agreed the offender was a low-risk of reoffending.
- Even if this is done, if one of them re-offends, then in the typical knee-jerk fashion, they will react again to further strengthen the laws.

"What we want is the legislation strengthened. This is not vigilantism," she said.

MD - Former Alexander aide (Ryan Loskarn) commits suicide

Ryan Loskarn
Ryan Loskarn
Original Article

01/24/2014

By Walter F. Roche Jr. and Ledyard King

Ryan Loskarn had been arrested in December on charges of possessing, distributing child pornography.

WASHINGTON - A former chief of staff to Sen. Lamar Alexander charged last month with possessing and distributing child pornography, was found dead in his parents' Maryland home, law enforcement officials said Friday.

Ryan Loskarn was found hanging at about noon Thursday, and the Maryland state Medical Examiner said Friday that Loskarn's death, initially reported by Politico, had been ruled a suicide.

"Carroll County Sheriff's deputies responded to a private residence ... for a report of an unconscious male, believed to be deceased," the sheriff's office reported Friday morning. "Family members reported finding 35-year old Jesse Ryan Loskarn unresponsive in his basement where he'd been residing with family since this past December."

Federal agents arrested Loskarn last month on charges that he possessed and intended to distribute child pornography. The arrest came as agents executed a raid on his southeast Washington residence.

Loskarn was accused of placing an external computer hard drive, later found to contain explicit videos, outside his second-floor window. Alexander, R-Tenn., fired him the same day.

The former aide had worked for Tennessee Republicans for more than a decade in several roles and became the senator's chief of staff in late 2011. He earned about $169,000 for fiscal 2013, according to records compiled by LegiStorm.

Loskarn made a rapid rise through the staff ranks in Congress, and the Capitol Hill newspaper Roll Call called him "one of the Senate GOP's top strategists and aides." The newspaper also had included him on its list of "Fabulous 50 Movers and Shakers."

He was born near Baltimore and graduated with honors in 2000 from Tulane University. That same year, he started in the office of Rep. Wally Herger, R-Calif., before joining the House Rules Committee in 2001.

In 2003 he became communications director for Rep. Marsha Blackburn, R-Tenn., a position he held until 2007.

His next move was to become communications director for the Senate Republican Conference, then headed by Alexander. The conference was charged with promoting GOP policy ideas and legislation.

Alexander stepped down as chairman of the conference in late 2011 and named Loskarn as his chief of staff in his personal office.

"For everyone involved, this is a sad and tragic story from beginning to end," Alexander said Friday in statement.

Prosecutors had delayed an indictment of Loskarn, hinting at a possible plea agreement. He had been released to the custody of his parents in Sykesville, Md., about 40 miles north of Washington, where he was ordered not to use the Internet and to wear an ankle bracelet.

In an unusual ruling issued in the case late last year, U.S. Magistrate John M. Facciola defended his decision to release Loskarn to his parents, citing measures taken to ensure that he would not have access to the Internet.

Officials believe that between November 2010 and March 2011, Loskarn made several purchases from a website offering child pornography DVDs. Loskarn also was accused of offering child pornography files for download from his home computer.

"I have prohibited the defendant's use of the Internet," he wrote in the two-page ruling. "I concluded, therefore, that the risk of his resuming the downloading of child pornography is not great."

The memorandum did not mention the risk of suicide. Previously, authorities had worried that Loskarn was a flight risk.

He faced a potential maximum sentence of 10 years imprisonment on the charge of possessing child porn. The distribution charge carries a potential sentence of up to 20 years.

A status conference in the case had been scheduled for Monday in U.S. District Court for the District of Columbia.

Jumat, 24 Januari 2014

NY - Mount Pleasant police chief (Brian Fanelli) faces child-porn charges

Brian Fanelli
Brian Fanelli
Original Article

01/23/2014

By RICHARD LIEBSON, ERIK SHILLING, SHAWN COHEN and LEE HIGGINS

Mount Pleasant Police Chief Brian Fanelli, accused Thursday of possessing child pornography, told federal investigators his alleged habit began when he was researching material for school classes he was teaching about the dangers of sexual abuse, according to papers filed in U.S. District Court in White Plains.

But shortly thereafter (Fanelli) began viewing child pornography for personal interest,” the 10-page complaint says.

Fanelli was freed on $50,000 bond after appearing in federal court on child-pornography charges late Thursday, hours after federal agents raided his Mahopac home and seized computers alleged to contain more than 120 files of children as young as 7 engaging in sex acts.

The complaint describes graphic, sometimes incestuous sexual activities so disturbing that The Journal News has chosen not to post the documents on lohud.com. Fanelli is accused of downloading the files to his computer and sharing them with others, including undercover federal agents.

U.S. Attorney Preet Bharara called the case “disturbing and sad,” saying the police chief is accused of breaking a law “designed to protect the youngest and most vulnerable of our population from vile exploitation.”

Fanelli, whose wife was in the courtroom, did not enter a plea to a charge of possession of child pornography. The crime is alleged to have occurred between October and January, during which time he was elevated to chief.

A longtime digital whiz at the department, Fanelli, who has two grown children, was well-liked among other officers and heavily involved with the community. He taught fifth-graders at St. Elizabeth Ann Seton parish school in Shrub Oak, where he spoke to hundreds of students yearly about the dangers of sexual abuse, according to a letter posted on the parish’s website.

Shortly after 4 p.m., he was led into the courtroom by U.S. marshals. Pouring himself a glass of water, he accidentally spilled some on the defense table and laughed with his lawyer, federal defender Susanne Brody, as she brought him towels to clean it up.

Fanelli told U.S. Magistrate Lisa Margaret Smith that he takes Lipitor and another prescription medication but that they did not affect his ability to understand the proceedings.

I am quite clear,” he told the judge.

Before adjourning the case until Feb. 19, Smith told the chief that he could not use computers or cellphones and could not be in the presence of minors without supervision. He is to be monitored electronically and can leave his home only for medical appointments, visits to his lawyer, church services and for work.

If convicted, Fanelli faces up to 10 years in prison and fines of up to $250,000.

Town Supervisor Joan Maybury called the news “very disturbing” and said Fanelli has been suspended with pay in accordance with his contract. She said she most likely will appoint one of the department’s two lieutenants as acting chief.

U.S. Homeland Security agents notified Maybury of Fanelli’s arrest about 12:15 p.m., telling her that he would be charged with trafficking in child pornography, she said. Maybury said agents turned Fanelli’s gun and badge over to Mount Pleasant police and that a federal technician was inspecting the computer in his office.

No one was home Thursday afternoon at Fanelli’s raised ranch on Archer Road in Mahopac Falls, a quiet neighborhood of single-family homes near the Westchester border.

About 8:30 a.m. Thursday, neighbors saw a group of cars and vans pull up in front of Fanelli’s house. At least two agents wore helmets and SWAT gear, though Fanelli was arrested without incident, neighbors said.

Sgt. Eric Anttila of Mount Pleasant police had no comment; other officers said they were shocked by the news.

I’m still trying to get information myself,” Lt. Robert Miliambro said.

The arrest was disturbing to town residents, though several said they weren’t surprised a police chief had been implicated.

You hear so many things today — look at how many officials are caught with their hand in the cookie jar,” said John Mangeri, who has lived in Mount Pleasant for 15 years.

Dennis Adisson, 50, a White Plains resident who works in a school in Mount Pleasant, said that as a police chief, Fanelli should know better.

It’s sad, it’s embarrassing, it’s sickening,” he said. “It’s all of those things wrapped in one.”

Fanelli, 54, a native of Valhalla, was hired by the town in November 1981. He rose to the rank of lieutenant before being appointed chief in November, just the sixth police chief in the town’s history. Fanelli receives an annual salary of $135,518.

A member of St. Elizabeth Ann Seton for decades, the church website says Fanelli spoke to around 1,000 parish schoolchildren in 2012 and again in October, warning younger children to stay safe from sexual abuse and older students to beware of “the pitfalls of social media devices, games and computer applications.”

He has overseen numerous criminal investigations involving sexual abuse,” according to a letter on the website written by Sara Koshofer, the parish’s religious education coordinator.

Fanelli has been best known most recently for his involvement in the fatal shooting of Pace University student Danroy Henry Jr. In January 2013, a lawyer for Henry’s family accused Fanelli and former Mount Pleasant police Chief Louis Alagno of covering up crucial details of the incident.

Fanelli denied any coverup, and the Henry family’s lawsuit is ongoing in the same courthouse where Fanelli was arraigned Thursday.

Justice for DJ,” a pro-DJ Henry Facebook page, was quick to comment on Fanelli’s arrest. “Same person that lied to us the night DJ was killed, the same person that changed Ronald Beckley’s statements, the same person that promised he would get to the truth! I hope he likes his jumpsuit! The walls are crumbling!” said a post Thursday.

Fanelli, a 1977 graduate of Valhalla High School, led the department’s successful bid for state accreditation in 1998. He was instrumental in computerizing the department’s records and in 1999 introduced an email alert system to disseminate crime and emergency information to residents.

Staff writers Jorge Fitz-Gibbon, Jonathan Bandler, Terence Corcoran and Hoa Nguyen contributed to this report.

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.

Selasa, 22 Januari 2013

AUSTRALIA - Attack prompts check on sex offender trackers

Original Article

This just shows you how brain dead politicians are. Apparently this man was wearing a GPS and still committed a crime, and this politician thinks something can be done to prevent it. Well, it cannot. A person who is intent on committing a crime, will do so! But you keep living in Fantasy land and wasting more money trying to prevent something you cannot.

01/22/2013

By Eric Tlozek

Premier Campbell Newman says the State Government will make sure a program to track the location of sex offenders is working properly.

A man on a dangerous prisoner supervision order has been charged over a weekend attack on a 31-year-old woman at Wacol in Brisbane's south-west.

Mr Newman says he wants authorities to check if the system for fitting GPS trackers to sex offenders could be improved.

"Look I believe the program is one that works," he said.

"Can it be done better? Yes."
- How?  Magic pixie dust doesn't exist yet!

"And will we be looking at ways to improve the safety of security of Queenslanders through this and other initiatives? Yes we will."

Selasa, 25 September 2012

SC - Ruling could lead to change in sex offender monitoring

Original Article

09/24/2012

By Jody Barr

COLUMBIA (WIS) - The state Supreme Court is working on a ruling that could allow some sex offenders to avoid mandatory lifetime GPS monitoring.

State law requires people convicted of first-degree criminal sexual conduct or lewd act on a child to fall under lifetime monitoring if they violate parole or probation.

A Greenville County woman is challenging that law after a probation violation forced her into wearing an ankle monitor for the rest of her life.

A jury convicted then 26-year-old [name withheld] of performing lewd acts on a 14-year-old girl, a relationship she admits to.

[name withheld]' attorney, Christopher Scalzo, asked the court to allow sex offenders an opportunity for a hearing, so a judge can decide whether they pose the threat that would require lifetime monitoring.

The justices' comments from the bench recognized that not all offenders pose equal threats to children.

"This was what an 8 month relationship she had with an underage person. Clearly wrong, clearly illegal, but, there was no predatory nature," said Justice Kay Hearn.

"She was a sex offender, she was convicted, she was punished, but when you talk about whether to monitor her for the rest of her life because she poses a danger simply because she violated parole, then what they're simply saying is one size does not fit all," said Chief Justice Jean Toal.

State probation attorney john Aplin admitted flaws with the law, but says his agency has no choice but to enforce the mandatory lifetime monitoring law.

"I'm not going to stand up here and say this is the best statute I've even seen written, and could it be done better," said Aplin.

[name withheld]' attorneys want either a chance for a hearing or a review at some point, but for those who live as victims of sex offenders, any change in the law, they say, is going easy on all sex offenders.

"It's not a far-fetched belief to believe that's softening of the sex offender laws in this state," said victims advocate Veronica Kunz. "If anything, the laws need to be a lot stronger."

Kunz heads the state's Victims Assistance Network and is outspoken about the sexual abuse she says she suffered at the hands of her father. She says lifetime monitoring of all sex offenders gives their victims the peace they need to carry on.

"If they're out walking around trying to live their life, they owe crime victims the duty to be accountable to law enforcement for their whereabouts," Kunz said.

A ruling could allow offenders a chance to have a judge decide whether they fit the case for someone who needs 24-7 monitoring. We don't know how long it could take for a ruling to come down.

Sabtu, 22 September 2012

LA - State to pay lawyers $110/hour in representing sex offenders

Original Article

09/22/2012

By MICHELLE MILLHOLLON

Louisiana legislators balked Friday at using taxpayer dollars to pay attorneys $175 an hour to represent convicted sex offenders.

Whoo! I’m in the wrong area of the law,” state Rep. Tony Ligi said after hearing the Jindal administration’s request for $500,000 to fund legal representation for the offenders at court hearings that determine their post-prison supervision requirements.
- So is Mr. Ligi admitting he's in it for the money?  Sure sounds like it to us!

Ligi, R-Metairie, is an attorney.

Other concerns were raised during a meeting at the state Capitol on the issue, including how the Jindal administration can ensure state government has enough money to pay the $500,000 when storm bills still must be settled.

In the end, the Joint Legislative Committee on the Budget compromised by agreeing to spend no more than $250,000 and pay attorneys $110 an hour.

The approval is supposed to end delays that resulted in the release of 13 sex offenders from prison without hearings to determine whether they need stringent monitoring.

Governor’s spokeswoman Shannon Bates said afterward that the reduced funding should be sufficient to jumpstart the court hearings since the committee adjusted attorneys’ hourly rate.

At issue was how to fund a legal process that allows the state to strap an electronic ankle bracelet on a released sex offender deemed by a judge to be sexually violent or a child predator.

The two-step process starts with an evaluation by a Sex Offender Assessment Panel six months before the offender’s release and results in a judge deciding whether the traditional method of registering with law enforcement and notifying neighbors is insufficient.

The SOAP process allows the state to go even further and monitor sex offenders’ Internet activities, read their emails and require life-time electronic monitoring.
- Reading their emails requires their passwords, which I believe is, or should be, illegal for anybody!

A legal battle over the law delayed the process. A lack of funding for offenders’ attorneys and mental health experts caused further delays, resulting in the release of offenders from prison before a court hearing could be held. One released offender died in the interim.

Under the funding request approved Friday, the Louisiana Public Defender Board will hire civil attorneys to represent the offenders at the hearings.
- Most court appointed lawyers are biased, and work for the state, so the people they represent are not going to get a fair trial.

Several legislators said there were unfamiliar with the SOAP process, which has existed several years.
- And this shows how out of touch they are on the issues!  Laws they heard and agreed to pass.

We’re fighting over whether to fund it or not,” state Sen. Dan Claitor, R-Baton Rouge. “I want to know if it actually works.”

John DiGiulio, the board’s trial-level compliance officer, said it probably is too early to tell.

No one has been happy with the legislation over the years,” he said.

The board’s general counsel, Roger Harris, said that even the courts are split on whose financial responsibility the legal representation of sex offenders is.
- Well the constitution states that if a person cannot afford a lawyer, then one will be appointed to them by the state, so it's kind of obvious that it's the states responsibility.

Questions also arose about the state’s ability to pay for the legal bills.

The Legislative Fiscal Office, which reviews state spending proposals, refused to back the funding request amid concerns that the needed dollars will fail to materialize.

We just don’t feel comfortable with it,” said John Carpenter, acting legislative fiscal officer.

Barry Dussé, state director of planning and budget for the Jindal administration, pointed out that the state budget shows $5 million that is not allocated for expenses.

He said the cases need to move forward.

State Rep. Jim Fannin, D-Jonesboro, the state budget bill’s sponsor, said the state’s unexpected expenses for Hurricane Isaac exceed $5 million. Those bills will have to be paid at some point, Fannin said.

We’ve had the cost of the storm, which far exceeds the $5 million that we have,” he said. “I’m trying to figure out how I support this today because, from the budget perspective, I don’t think the money’s there.”

Dussé said the governor will find the revenue.

You have the possibility of criminals running around without the monitoring devices,” Dussé said.

Selasa, 24 April 2007

Sheriff sued for demanding that sex offender move

View the article here

04/24/2007

Habersham County Sheriff DeRay Fincher will be in court today, April 24, to face a challenge from a convicted sex offender he ordered to move.

Today's hearing is based on documents recorded April 12 in Habersham County Superior Court by attorney Bill Oliver on behalf of offender James E. Craig. It is scheduled to be heard by Chief Judge Ernest H. "Bucky" Woods III.

In enforcing Georgia law 42-1-15(a), which prohibits a convicted sex offender from living within 1,000 feet of a daycare facility, Fincher's office found by GPS that Craig, 42, lives too close to Little Blessings Academy, a nearby daycare facility.

On April 11, Woods issued a temporary order stating that Fincher is temporarily enjoined from proceeding against Craig in enforcement of provisions of the law that restricts him from living within 1,000 feet of a daycare facility.

"The court finds that [Craig] raises legitimate questions regarding the applicability of the statute," the order states. "Therefore, the status quo should be maintained until the issues can be heard or until there is an applicable ruling by Federal Judge Clarence Cooper of the Northern District of Georgia, before whom this court understands there to be a related matter."

"I'm enforcing the law as it applies," Fincher said Monday. "He's less than 500 feet from the daycare center and the law says he has to be at least 1,000. It's not even close. He's more than 500 feet off."

But Oliver asserts that sex offender registration laws did not exist in Georgia at the time Craig was sentenced and that Craig's "conviction" under a general court martial is not such a conviction as defined under the state law relating to sex offenders.

In court martial proceedings at Fort Richardson, Alaska, in 1998, Craig was found guilty of two counts of committing indecent acts upon a female under the age on 16; of committing an indecent act upon a male under the age of 16; and obstruction of justice on or between Aug. 8, 1996, and Sept. 15, 1996, court documents contained in the suit against Fincher show.

Craig was confined for eight years, and was released from the service with a dishonorable discharge, the document states.

Senin, 23 April 2007

Sex offender tier system possible

View the article here

04/23/2007

Right now sex offenders have to live 2000 feet away from a park, daycare, or playground. But some say the law leaves sex offenders with hardly anywhere to live legally.
- It does, draw 2000 foot circles around all these areas in your area and you will see this is a fact.

The proposed bill would classify sex offenders in three levels.

Level one offenders would pose a low danger to the community and most likely not commit another crime.

Level two offenders are those that pose a moderate risk to others.

Level three would be someone posing a serious danger to the community and would continue engaging in criminal sexual conduct.

Some parents say anything that would help law enforcement focus on the most dangerous sex offenders is a good idea.

When Merisa Muniz's kids hit the playground she's watching.
- This is what any responsible parent should do!

“I do try to keep a really good eye on my children.”

But Merisa knows she can't always be there. So she lets her kids know that not everyone is there to treat them right.

“Me and my daughter did talk about this. We had one on our block that we thought was a sex offender and we didn't know how severe it was.”
- This is what a real parent should do. Warn your kids, not just about sex offenders but that the whole world is a dangerous place and they need to be on the watch for all things. Do not TRUST anyone unless you've known them for years, and even then I'd still be weary.

But Marisa also says that she feels not all sex offenders should be considered equal.
- Amen! They are NOT all equal. That is like saying all Christians are the same or all white people are the same. They are not!

“To me it all depends on what the sex offender has done.”
- So true. When will the idiots we have in office see this? This is a lady with brains, which the politicians only see greed, money, corruption, etc.

A state representative says changing the way sex offenders are classified would make the system fairer. It would also free up more resources to concentrate on the most dangerous offenders.
- And would save a lot of money, man hours, and free up time. And anything to save us tax payers money is good, IMO. Buffer zones, GPS, registries, etc do nothing to protect anyone, they are a false sense of security. If a violent person wants to commit another crime, THEY WILL! This is like asking criminals to obey the laws, doesn't make much sense.

Merisa says she believes, “there needs more focus on the ones that are really out there making crime after crime after crime for the same thing that needs to be put away.”

And if a "level three" offender ever moved into a neighborhood like where Eric and his kids live, the Department of Corrections would let everyone living within one mile know that person was their new neighbor.

Eric says, “a lot of families are very concerned about their kids they want to make sure that their kids live in a nice, healthy safe environment.”
- Doesn't everyone? Who wants to live in fear daily? Nobody. But these laws do not protect anyone, it only banishes sex offenders and is punishment regardless of the idiot politicians saying it's punitive not punishment, that is BS!

If the bill is passed it would take effect November 1st.

And if you would like to look at the bill more closely, a copy of the bill is available online.