New Life Style

Tampilkan postingan dengan label Massachusetts. Tampilkan semua postingan
Tampilkan postingan dengan label Massachusetts. Tampilkan semua postingan

Sabtu, 19 Juli 2014

MA - Templeton approves sex offender residency restrictions

Morning coffee and paper
Original Article

07/11/2014

By George Barnes

TEMPLETON - Voters at a special town meeting Thursday night approved a bylaw establishing sex offender residency restrictions.

The restrictions, proposed by resident Rachael Messina, were overwhelmingly approved after Police Chief Michael Bennett and Selectman Kenn Robinson both spoke in favor of the bylaw.

Chief Bennett said there are many communities across the state that have adopted residency restrictions for sex offenders. Among the communities in Worcester County with restrictions are Leominster, Bolton, Charlton, Dudley, Spencer, Webster and West Boylston.

Templeton has three Level 3 and 13 Level 2 sex offenders in town. The regulations would not affect them unless they change their residence.

The bylaw prohibits a Level 2 or 3 sex offender from establishing a permanent or temporary residence within 1,000 feet of property of public or private schools, parks, elderly housing, an over-55 community, senior citizens center or licensed day care center.

To enforce the bylaw, police may file criminal or noncriminal complaints, but in both cases the fine is $300 for each offense.

Ms. Messina said she filed for the bylaw out of concern that sex offenders posed a risk to residents of the town. It is the second time the town has approved a sex offender residency bylaw. A similar law was approved by the town in May 2013 but disallowed by the state Attorney General's office in October. The reasons given for rejecting the bylaw were it was too vague, did not sufficiently specify prohibited conduct and did not include some terms in the definitions section of the bylaw.

Ms Messina said that in the hope of winning approval this time, she drew up a new bylaw based on similar documents in other communities.

Minggu, 15 Juni 2014

MA - SJC ends lifetime parole supervision for sex offenders

Unconstitutional
Original Article

06/11/2014

By Maria Cramer and John R. Ellement

The Massachusetts Supreme Judicial Court ruled Wednesday that it is unconstitutional for sex offenders who have completed their sentences to be subject to lifetime supervision by the state’s Parole Board, declaring that only judges have the authority to order additional jail time for criminal violations.

The 6-1 decision ordered an end to the state Parole Board’s oversight of an estimated 300 sex offenders — oversight that allowed the board to impose jail sentences for parole violations — in a ruling that many lawyers declared a victory for due process. But victims’ rights advocates and a state prosecutor said they fear the decision removes a critical safeguard.

The effect this case has is to remove that automatic hammer on offenders who refuse to confine their actions to the requirements of the law, thereby decreasing their incentive to improve themselves and become law-abiding members of society,” Plymouth District Attorney Timothy J. Cruz said in a statement. “I am disappointed with the loss of this public safety tool that was intended to protect vulnerable people and children.”

The court said the 1999 state law that created “community parole supervision for life’’ for some sex offenders unconstitutionally granted sentencing powers to the Parole Board, which is part of the executive branch of the state government, violating the separation of government powers. An offender sentenced to lifetime parole could be sent to jail for violating the terms set forth by the Parole Board, even after the offender’s original sentence is completed.

Lifetime parole “constitutes an impermissible delegation to the executive branch of the core judicial function of imposing sentences,” Justice Ralph D. Gants wrote for the majority. “A judicially imposed sentence is final and may not be modified by another branch.’’

Laura M. Banwarth, a Plymouth lawyer who argued that the law was unconstitutional, said the court had no choice but to strike it down.

She noted that the SJC ruling instructs the offenders who are affected to file a motion with the courts; a prosecutor then may ask a judge to impose a new sentence. Judges have the discretion to put an offender on probation for months, years, or the rest of his of her life.

The SJC didn’t make any new laws today,” Banwarth said. “They didn’t give any new rights to sex offenders. They just looked at the Constitution and reached the only result that they could, that sentences can only be handed down by judges.”

Supporters of the law said that it provided for strict oversight over dangerous criminals. Many of those sentenced to lifetime supervision were sometimes ordered to wear GPS devices and clear many activities, from going to the movies to buying a cellphone, with their parole officers.

But the vast majority of the 275 to 300 sex offenders currently under Parole Board lifetime oversight came under the panel’s supervision because they failed to register as a sex offender after being released from incarceration, not because they had committed another sex crime, according to those familiar with the process.

The lifetime supervision could be onerous for offenders trying to get their lives on track after being released, said Eric Tennen, an attorney who often represents sex offenders.

It was horribly restrictive and just totally ineffective helping persons reintegrate into society,” Tennen said. Offenders on lifetime supervision could be incarcerated for 30 days for their first violation of their parole conditions, 180 days for a second violation, and one year for a third violation.

The violations could be as minor as getting caught with alcohol or leaving the state without notifying a parole officer.

The SJC ruling was made in the case of _____, a Level 2 sex offender who was placed on parole for life after he failed to tell police he had moved from West Bridgewater to Taunton.

He challenged the sentence, his lawyers arguing that it was unconstitutional under the doctrine of separation of government powers.

Cruz and Toni Troop, spokeswoman for Jane Doe Inc., a statewide coalition that advocates for the rights of victims of rape and domestic violence, urged the Legislature to pass an alternative law that would allow continued monitoring for sex offenders.

Lifetime parole and supervision . . . has been a cutting-edge and critical tool in sex offender management and community safety,” Troop said.

State Senator Bruce Tarr, a Gloucester Republican, said that the Legislature would have to act fast to come up with legislation that passes constitutional muster. The legislative session is scheduled to end July 31.

There is no question that we need to act here, because the court has taken away a serious tool for public safety,” Tarr said.

But Suffolk University Law School associate professor Chris Dearborn said the court’s decision will not create a threat to public safety. Offenders must still register with the Sex Offender Registry Board or face criminal prosecution.

I don’t think there should be any mass hysteria that 300 really dangerous deviant people are going to go out and commit a lot of heinous acts,’’ Dearborn said.

In his dissent, Justice Robert Cordy wrote that while the law was flawed, lifetime supervision should be allowed.

A [community parole supervision for life] sentence serves an important and central monitoring purpose, facilitating public safety by permitting and requiring intensive supervision of the sex offender population,” Cordy wrote.

Kamis, 06 Februari 2014

MA - DOE, SEX OFFENDER REGISTRY BOARD NO. 29481 v. SEX OFFENDER REGISTRY BOARD

Original Article

Excerpt:
The plaintiff appeals from a Superior Court judgment that affirmed the denial of his request for expert funds and affirmed the final decision of the Sex Offender Registry Board (board) which, after a de novo hearing, ordered the plaintiff to register as a level three (high risk) offender. On appeal, the plaintiff essentially argues that (1) the hearing examiner's decision [84 Mass. App. Ct. 538] is not supported by substantial evidence, (2) a remand for a new hearing is necessary due to the bias of the hearing examiner, and (3) a remand is also required because it was an abuse of discretion to deny his motion for funds to obtain expert evidence to explain that he poses a lower risk of recidivism because of mental illness and his age (fifty-eight at the time of the hearing). Due to the bias of the hearing examiner, the decision of the board must be vacated and the plaintiff must be afforded a new classification hearing.

Senin, 03 Februari 2014

MA - Woman (Gabrielle Caughey) Charged with Making False Sexual Assault Claim

Gabrielle Caughey
Gabrielle Caughey
Original Article

02/03/2014

By Marc Fortier

A Massachusetts woman is facing charges that she lied to police about being sexually assaulted.

Gabrielle Caughey, 21, of Mendon, MA is charged with two counts of theft by unauthorized taking and one count of false report to law enforcement. She was released on $5,000 personal recognizance bail and is scheduled to be arraigned in Merrimack District Court on Feb. 25.

According to Merrimack Police, Caughey was arrested on Friday on a warrant stemming from an incident that was reported on Oct. 28, 2013. Caughey was a suspect in a theft from a residence. Upon investigating the allegations, it was found that the items in question were pawned at nearby pawn shops by Caughey.

Also during the investigation, Caughey claimed that she was sexually assaulted by a male subject. After further investigation, it was found that her allegations were false.

A warrant was later completed for Caughey's arrest and she surrendered herself to police without incident.

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

Award for eradicating peoples rights?Original Article

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

02/03/2014

By Samantha Allen

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

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

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

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

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

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

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

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

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

Rabu, 23 Januari 2013

MA - Legislators Propose Overhaul To State Sex Offender Registry

Original Article

The man they are talking about, was deemed a level 1 offender (not likely to re-offend). He committed another crime and now they want to change the law. So I guess they will just label everyone a level 3 (most dangerous) just to "err on the side of safety?" It doesn't matter what laws they pass, if a person is intent on committing a crime, they will.

01/23/2013

By Bob Oakes

BOSTON — A month after the arrest of a Wakefield man on more than 100 charges of molesting young children, some state lawmakers from that area are calling for an overhaul of the system that lets the public know about the presence of convicted sex offenders in their neighborhoods.
- As usual, one man commits a crime, all must pay for it!

The Wakefield man, was previously convicted of indecent assault and battery on a child, but a state board characterized his as a Level 1 sex offender, which prevented release of information about his criminal history.

The lawmakers who’ve filed a bill to reform the state’s sex offender registry all represent Wakefield, including state Sen. Katherine Clark, who joined WBUR’s Morning Edition to discuss the proposal.

Sabtu, 21 April 2007

Out of jail … but still not free

View the article here

Why shouldn't this apply to sex offenders as well? Sounds a lot like the same BS sex offenders are dealing with. So if it applies to them, it should apply to sex offenders as well.

04/20/2007

CORI reformers say system broken Jobs, housing access sought

BOSTON— They like to say they have no faces, even as they marched by the hundreds yesterday, because the state Criminal Offender Record Information system makes no distinctions when it discriminates against people searching for jobs or housing.

Mothers who can’t attend their child’s field trips because of old crimes, and young adults rejected by community colleges because of a criminal past, joined hundreds of others who say they can’t find jobs or housing in a march and rally that overwhelmed the streets of Boston yesterday, en route to the Statehouse.

They called for reforms to a CORI system that follows them long after they’ve been released from jail. In many cases, it haunts those who were never sentenced to prison, even those who had criminal cases against them dismissed.

So they chanted, “Out of jail … but still not free,” as they marched from Roxbury Crossing to the Statehouse, stopping traffic along the way as spectators clapped for their cause. They waved signs and passed out fliers. Several locked themselves inside a makeshift prison cell, to show they still feel jailed even though they’re free.

“We don’t want a handout,” they said. “We just want jobs.”

CORI, as the system is known, became a notable topic in last year’s gubernatorial campaign, and advocates from across the state continued their case for reform yesterday in the march and rally at the Boston Common. Groups then branched throughout the Statehouse, lobbying legislators for reforms. Some 1,000 people came from across the state.

“All we’re asking for is hope, a little bit of light at the end of the tunnel,” said Sarah Assefa, of the Worcester-based Ex-Prisoners and Prisoners Organizing for Community Advancement.

Ms. Assefa has no criminal record, but she has worked on behalf of the men she’s met who can’t find work, and the mothers who can’t find housing, because of a criminal past.

“CORI has no face,” she said. “CORI’s not tough on crime, it’s tough on people trying to do the right thing.”

Under the CORI system, a person’s felony record must be open — not sealed — for 15 years, beginning after the person has completed all parole or probation requirements such as community service. A misdemeanor crime will stay on a person’s record for 10 years. If a new crime is committed, the timeline starts over. Then, a person must be able to afford the court costs — and know he or she has the right to have the record expunged.

Meantime, employers or others looking to check someone’s criminal past can check CORI. About 80 percent of employers today do check CORI, and 40 percent refuse to hire anyone with a criminal record, regardless of how old the crime, according to EPOCA’s research.

The system, developed in 1972, was meant to create a database for law enforcement agencies while streamlining people’s personal information into one system, so it could be controlled.

Those calling for reform argued, however, that the setup has allowed employers and housing agencies to use blanket discrimination against anyone with a criminal record, without consideration for the nature of the crime, when it occurred, or whether there was ever a conviction. Plus, there’s no consideration for rehabilitation services that were completed, advocates for reform said.

People have been refused promotions at video stores because of a criminal past, according to EPOCA’s work. Manufacturing companies in Worcester, including one that produces textbooks, and places such as supermarkets and doughnut shops have refused people work because of their CORI, according to EPOCA members.

Those lobbying for reform have called for reducing the time before a record can be sealed, from 15 to 7 years for a felony, and from 10 to three years for a misdemeanor. Also, agencies other than law enforcement would be limited to viewing records of convictions and pending cases. The proposal would ban employer discrimination if someone’s criminal history would not pertain to the job.

Advocates cited statistics showing that people who have stayed crime-free for seven years have less than a 1 percent chance of re-offending. They questioned why CORI should haunt them when they’ve escaped a criminal past.

Those calling for reform said they aren’t lobbying for changes to the Sex Offender Registry, which they said deals with crimes of a different nature. They acknowledged that certain sensitive businesses, such as child care, should have the right to look at a job candidate’s criminal history. But they argued against the blanket policy of refusing to hire anyone with a criminal record, regardless of the nature of the crime. A person’s rehabilitation also should be part of the CORI system, they said.

“I deserve to be able to be working. There’s nothing wrong with me,” said Emma Bradley, 28, a member of EPOCA.

But still, she can’t get a job, housing or even attend field trips with her children — both of whom were born long after she was arrested nine years ago during a drug raid, she said. She pleaded guilty to possession with intent to distribute, and served a probation sentence. She was 19 at the time, and has not been able to live down that transgression in the eyes of others.

“This is after you’ve paid your debt to society,” she said.