WA - Bothell detective (Dione Thompson) charged with sexual misconduct with minor

Dione Thompson

Original Article

02/04/2015

By Natalie Swaby

A Bothell police detective faces charges of sexual misconduct with a minor.

The Bothell Police Department confirms that recently Det. Dione Thompson was responsible for keeping the public informed of sex offender notifications. Before that she was assigned to the Bothell High School campus as a school resource officer.

During her time there, in 2010, a female student, age 17, says she was befriended by Thompson. They began to message each other on Facebook and eventually engaged in a sexual relationship with one of their encounters happening in a marked police car in a library parking lot, according to court documents.

The documents also said the student, who was dealing with turmoil in her personal life, even moved in with Thompson for a period of time.

Read the entire article

CA - Peaceful Protest to be held in the City of Carson on March 7

Original Article

02/17/2015

California RSOL will lead a peaceful protest in the City of Carson on Saturday, March 7, in order to highlight the harm done by the city’s sex offender ordinance. That ordinance bans registered citizens from being present in or within 300 feet of public places including the library, parks and swimming pools as well as private places including fast food restaurants that have a children’s playground.

The peaceful protest will begin at Carson City Hall at 10 a.m. near the water fountain. Registered citizens, family members, and all who support them are invited to join the event. Refreshments will be served.

“This is a unique opportunity for registered citizens and those who support them to show up, stand up and speak up,” stated California RSOL vice president Chance Oberstein.

The event will include a march to John D. Calas Sr. Park near the intersection of 223rd and Cluff Streets. The current city law prohibits registered citizens from visiting this park, however, family members and supporters are welcome there. Registered citizens will be served lunch at a distance outside the 300-foot limit.

See Also:

• Monthly Meeting April 11, Lobbying April 10/11 in Sacramento

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

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.

Read the entire story here

CA - Sex offenders sue over ordinances that ban them from places

Original Article

07/03/2014

By Jose Gaspar

BAKERSFIELD - Wasco and Taft are among a group of California cities being sued by a civil rights group that advocates on behalf of sex offenders.

In 2006, state voters approved Jessica's Law (Proposition 83), which bars sex offenders from living within 2,000 feet of a school or park.

Shortly after, numerous cities adopted much more restrictive local laws that prohibit sex offenders from being present in any "children's facility," such as a public library, school bus stop, or "any location that facilitates on their property classes or group activities for children."

"We believe it is a misguided and unconstitutional effort to do that," said Santa Maria attorney Janice Bellucci, president of California Reform Sex Offender Laws.

Bellucci said the group was created to give a voice to registered sex offenders.

In addition to Wasco and Taft, Shafter, Delano, Tehachapi and California City also passed similar sex offender ordinances. So far, Wasco and Taft are the only two cities in Kern County served with a lawsuit by the civil rights group.

In June, the Tehachapi City Council voted to repeal its ordinance rather than risk litigation.

"For us, it's going to be a point where we're going to be spending a lot of money on attorney fees," said Tehachapi Mayor Phil Smith. "And we will not win that battle."
- And that is why all states and counties must fight these laws!

In May, Shafter Mayor Jon Johnston wrote a letter to Bellucci stating Shafter would stop enforcing its ordinance pending further review. The city of Wasco is currently reviewing its response to the lawsuit.

For people such as _____ of Grover Beach, he said the ordinances and restrictions placed on his life have made it extremely difficult to continue with his life. According to the Megan's Law website, in 1979 _____ pleaded guilty to lewd or lascivious acts with a child under 14. He served six months in jail and was given two years probation. _____ went on to make a new life and opened a small business. He never committed a new sex crime again.

"The city of Pismo Beach awarded me volunteer of the year for a project I worked on for them," said _____.

But when word leaked about his past, _____ said his landlord terminated his lease and he was forced to lay off five employees and run his business from his home. His gross earnings fell dramatically, he said. He came home one night to find a man waiting for him inside his house. The man took a hammer to _____, who managed to fight him off, but _____ said he suffered numerous injuries. The assailant was arrested and is now in prison.

The way Bellucci sees it, not everyone on the sex offender registry should be on it.

"We have a boy on the registry because he streaked at his high school. That's a sex offense. We had a 16-year-old girl who took a nude selfie and shared it with some students at her high school, she's on the registry," said Bellucci.

And because cases like these are on the registry, they are subject to all sex offender restrictions. According to the California Department of Corrections and Rehabilitation, less then 2 percent of sex offenders on parole committed a new sex crime between 2007 and 2009. The vast majority of children who are sexually molested suffer at the hands of someone known to the family.

California Reform Sex Offender Laws is lobbying for the state to create a tiered registry that distinguishes between the severity of the offenses.

"There are people on the sex offender registry who have raped a child or an adult, and they certainly would be at the highest level," said Bellucci.

For _____, his 1979 conviction will never go away. California law requires him to register for life as a sex offender.

"That was 35 years ago I did something. That's not who I am today," said _____.

CA - Santa Fe Springs City Council repeals sex offender restrictions

Original Article

06/14/2014

By Mike Sprague

SANTA FE SPRINGS - The City Council Thursday voted 5-0 to repeal a 2010 law that doesn't allow registered sex offenders to come within 300 feet of day-care centers, libraries, schools and parks.

City Manager Thaddeus McCormack said the council didn’t have a choice after a state appellate court in January ruled that state law preempted a city of Irvine law prohibiting registered sex offenders from entering city parks without written permission from its police chief.

The state Supreme Court later declined to review the case.

In his opinion striking down the Irvine law, Justice Richard Aronson wrote, ”We conclude the state statutory scheme imposing restrictions on a sex offender’s daily life fully occupies the field and therefore preempts the city’s efforts to restrict sex offenders from visiting city parks and recreational facilities.”

Santa Fe Springs hasn't enforced its law for about a year while awaiting a decision from the court, McCormack said.

The city still has Jessica’s Law (Proposition 83), which was approved by California voters. The law bans registered sex offenders from living within 2,000 feet of any public or private school or park, McCormack said.

“It’s a bit regretful that we can’t add our own restrictions,” McCormack said.

“(But) “I think the health and safety of residents of Santa Fe Springs are still going to be maintained and protected,” he said. “It’s an area where the state had weighed in and we defer to the state.”

McCormack said the city was threatened with a lawsuit from California Reform Sex Offender Laws if it didn’t repeal its law.

Janice Bellucci, president of the group, praised the city for its action.

“We are very encouraged and commend the city for repealing the ordinance that violates both the state and federal constitutions,” Bellucci said.

Bellucci said ordinances like Irvine’s and Santa Fe Springs are unfair and don’t make people safer.

The laws restricting where sex offenders can go also give families a false sense of security, Bellucci said.

“Less than 2 percent (of registered sex offenders) will commit another sex crime, according to the California Department of Corrections and Rehabilitation,” she said. “(Sex) offenders are more likely to be a family member, a coach or a member of the clergy.”

Whittier Police Chief Jeff Piper, whose city provides police services for Santa Fe Springs, said he understands the rationale for repealing the law and doesn't expect any problems because of the presence of Jessica’s Law.

He also couldn't remember anybody in past years being charged with a violation of the Santa Fe Springs law.

CA - Wasco sued over sex offender ordinance

Original Article

05/16/2014

By Jose Gaspar

WASCO (KBAK/KBFX) - A lawsuit filed Thursday in federal district court in Los Angeles by a group called California Reform Sex Offender Laws challenges a Wasco ordinance that restricts sex offenders.

"We allege that the Wasco sex offender ordinance violates both the federal and state constitutions," said Santa Barbara attorney Janice Bellucci, president of the nonprofit legal group.

Wasco approved the ordinance in 2007. It prohibits registered sex offenders from living within 2,000 feet of any "children's facility."

But, it also bans registrants from being within 300 feet of a wide range of public and private locations, such as libraries, day care centers, parks and other places.

Bellucci said registrants have a right to access a library.

"There's a constitutional right to access to information. That's part of the 1st Amendment to the U.S. constitution, and that is being abridged by this city ordinance," said Bellucci.

She said the goal is to get rid of "presence restrictions" in every county in California in 2014.

Wasco city officials defend the ordinance, saying it was adopted with the intent of protecting residents and most of all, children.

"My intent is to protect the welfare and the safety of our children in our community," said Wasco Mayor Tilo Cortez.

According to Megan's Law website, Wasco has 15 registered sex offenders living within the city limits.

"Whenever you have registered sex offenders around small children, it's a concern for any parent," said Cortez.

The lawsuit is asking the federal court that it strike down the city's ordinance as null and void, and that Wasco pay all attorney fees and costs associated with the suit.

Five other cities in Kern County have similar sex offender ordinances in place: California City, Delano, Shafter, Taft and Tehachapi.

Just two weeks ago, the city of Shafter agreed to stop enforcing its ordinance after being informed by California Reform Sex Offender Laws that it, too, could be sued.

Cortez said he could not comment on the suit as the city has not yet been served.

"Obviously, we're just finding out about this, but we'll see where the law takes us," said Cortez.

IN - Homeless sex offenders to be out in the cold

Homeless Shelter

Original Article

02/06/2014

By Douglas Walker

MUNCIE - A Muncie pastor is seeking the public’s help in trying to find shelter for a small group of convicted sex offenders who are soon to lose their nightly home.

Steve Graves, pastor at Fountain Square (Facebook) and Industry United Methodist (Facebook) churches, said Thursday the men have been told they can no longer stay at a Christian Ministries shelter at 401 E. Main St.

That’s due to state law that forbids those convicted of some sex-related crimes from living within 1,000 feet of places frequented by children. In the case of the Main Street shelter, that would apparently apply to a small downtown park, the Carnegie Library and a daycare facility, Graves said.

“We don’t question the law,” the pastor said, adding he was “baffled” as to why state officials apparently feel they have no responsibility to help the men survive.
- If the law is wrong you should question it!

The edict that effective Sunday, the men can no longer stay at the Main Street shelter came not from Christian Ministries, but from state officials.

Graves said he is aware of the low regard many citizens have for convicted sex offenders, and that their proximity can be troubling, especially for families with children.

“But we’re a society that believes in redemption, and second chances,” he said. “We’re still human beings.”
- Not anymore!

Graves said because of the stigma of their crimes, the men have difficulty finding work, and that the residency restriction complicates their efforts to find lodging. In recent weeks, weather conditions have made the pursuit of overnight shelter a life and death proposition.
- We wonder if that is their goal, to have ex-offenders die?

“Desperate people will do desperate things,” Graves said.

The pastor at first thought as many as eight offenders would be left without lodging beginning Sunday, but four of the men have since found at-least temporary lodging.

That leaves Graves — and those who have come to his assistance, including Paula Justice, Mayor Dennis Tyler’s administrative assistant — two more days to find a place for four men to stay.

Graves is asking anyone with a property that could be used — essentially any structure with heating that would not violate the 1,000-feet restriction — and where cots could be set up to give the men a place to sleep.

The pastor can be contacted at (765) 228-7404.

“They don’t expect the Taj Mahal,” he said. “Just a roof over their head.”

Graves became aware of the men’s plight through a convicted sex offender he met through his church, _____.

_____ was convicted of child molesting in Grant County in 1995. The former Marion resident has since returned to prison for parole violations, and two convictions — also in Grant County, in 2003 and 2008 —for failing to register as a sex offender.

He became a Muncie resident through the efforts of the state Department of Correction, who allowed him to stay at a “DOC Assist” facility — for recently released sex offenders with nowhere else to go — in the Old West End neighborhood. (A DOC official said recently the department was no longer operating any DOC Assist homes in Muncie or Delaware County.)

After his eligibility to stay at the Powers Street house ended, _____ for a time lived under the East Jackson Street bridge. The church congregation later bought him a tent to live in, but this winter has not been conducive to tent residency.

He has done some part-time work at the two churches where Graves ministers, and is hopeful his Social Security pension — for a mental disability — will be restored.

For now, though, his primary concern is having a place to sleep on Sunday night.

“The system is messed up, big time,” _____ said on Thursday.

While Graves’ priority is finding a place for _____ and the other three offenders to stay in the short term, he said efforts must be made to solve the residence issues for offenders on a long-term basis.

“This is a community problem,” said Graves.

The Muncie pastor is no stranger to trying to solve government-related problems — or to dealing with convicted criminals, for that matter.

Before he entered the ministry seven years ago, Graves worked both as an administrative assistant to then-Gov. Evan Bayh, assigned to health and human services, and as a probation officer.

CA - City of Cypress agrees not to enforce residency and presence restrictions

Original Article

02/04/2014

The City of Cypress, located in Orange County, has agreed not to enforce most of its residency restrictions and all of its presence restrictions as terms of two settlement agreements reached on January 31. The City of Cypress also agreed to pay attorney’s fees and costs for the lawsuits filed against them in federal and state courts. In exchange, the plaintiffs in those cases have agreed to dismiss with prejudice the pending lawsuits.

“This is a significant victory for the registered citizens and the family members of registered citizens in Cypress,” stated Janice Bellucci (Video), the attorney who represented the plaintiffs. “Families who were once threatened to be torn apart will now be able to live together in that city.”

The Cypress ordinance severely restricted the locations where a registered citizen could live to only two small segments of that city: in the city’s cemetery and in an industrial park area. The ordinance also prohibited visits by a registered citizen to public areas such as the public library, city parks, and restaurants with recreational areas for children.

The city’s stay of enforcement for residency restrictions will last until the California Supreme Court renders a decision regarding whether or not residency restrictions are constitutional. The city’s stay of enforcement for presence restrictions will last until the same court decides whether to grant review of the Godinez case which deemed the Orange County ordinance to be unenforceable.

The City will continue to enforce a few provisions in its sex offender ordinance — Halloween restrictions and restrictions regarding how many registered citizens can stay in the same hotel or in the same hotel room. A total of three lawsuits were filed last year challenging the Cypress ordinance — two in federal court and one in state court.

See Also:

• D.A. will take sex-offenders fight to state Supreme Court

Federal and State Laws Aim to Keep Tabs on Sex Offenders

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.

WV - Mayor defends broad Hurricane sex-offender constraints

Original Article

10/04/2013

By Lydia Nuzum

HURRICANE - A 2012 Hurricane city ordinance prohibiting registered sex offenders from being within 500 feet of designated "child safety zones" is still in place, despite questions about whether part of it would have to be repealed for violating constitutional rights.

"There were absolutely no changes made. We feel it is within our right, and the citizens are 100 percent behind it," said Hurricane Mayor Scott Edwards.

The ordinance bars those convicted of sex crimes from entering a number of places in the city, including parks, playgrounds, schools, public pools, skate parks, movie theaters and bowling alleys. Parts of it, including barring sex offenders from public libraries, might infringe on offenders' rights, according to Sarah Rogers, staff attorney for the West Virginia American Civil Liberties Union.

"They could definitely face a civil lawsuit or challenge," Rogers said.

The ordinance also bans sex offenders from entering "recreational areas," which include conservation areas, jogging trails, hiking trails, bicycle trails, recreation centers, water parks, swimming pools, soccer fields, baseball fields and football fields. It also includes "child day-care centers," which it defines as "a day-care center or home which provides regular care to any number of children."

"I think the ACLU is concerned about this ordinance because it's so unclear," Rogers said. "People and their families may be unsure of how to comply. The ordinance's definition of 'child-care facility,' for example, could be any home."

According to Rogers, the ex post facto clause (Wikipedia) of the U.S. Constitution prohibits governing bodies from enacting laws that punish people "after the fact" -- meaning beyond what their conviction and sentence has required.

"For example, someone who may have served his sentence for an act could go for many years as a productive citizen, and 30 or 40 years later, suddenly they have to abide by these restrictions," Rogers said. "Many courts have found these laws violate the Eighth Amendment prohibiting cruel and unusual punishment (Wikipedia)."

The ordinance also might infringe on Fifth Amendment rights, Rogers said. The double-jeopardy clause (Wikipedia) of the Fifth Amendment states, ". . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb."

According to news reports, the first person to be cited under the Hurricane ordinance was given a ticket last week for entering Hurricane City Park.

Edwards said the ordinance was designed to protect children as broadly as possible, and said he introduced the city law after hearing that sex offenders had been watching kids at local parks and pools.

"School grounds and public parks are the two big ones where kids would gather," he said. "The reason, of course, is that we had a sex offender continually hanging around Valley Park, at the Wave Pool, watching little kids with binoculars."

According to Edwards, the ordinance applies to all registered sex offenders in Hurricane, regardless of whether they have children of their own or were convicted of crimes that did not involve minors. The ordinance, however, defines a sex offender as "an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a person under eighteen (18) years of age for which the individual is required to register as a sex offender under West Virginia Code."

"It's legal in other states, as well," Edwards said. "Other states have very similar ordinances logged. I would actually hope that our Legislature would consider making this a state law."

Twenty-seven registered sex offenders live in Hurricane, and three more are employed in Hurricane but are not residents of Putnam County, according to the West Virginia State Police website. Of the 27 offenders registered in the city, all but one were charged with crimes involving a person under age 18.

Another issue that could be created by an ordinance like this is that it has the potential to create "a false sense of security," Rogers said.

"It could take sex offenders from supportive environments, where there is a likelihood they might rehabilitate, and put them in a place where they don't have any support," she said. "We understand that there are dangerous predators, and we don't want them roaming around, but we're not sure this does anything to target people who are actually dangerous."

"These crimes are generally not crimes of proximity, but crimes of relationship."