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National

AK: Personal rights and stigma: when and where can sex offenders participate in the community? (Opinion)

[KBBI Alaska]

Towns across Alaska have to grapple with what to do once a known sex offender returns to the community after serving their punishment. Though there are clear limits in some areas, there are massive gray zones, as well. Residents in Homer are struggling to balance fairness with safety ahead of one of the Kenai Peninsula’s biggest celebrations.

 

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  1. AlexO

    This is only an issue because overzealous politicians made it one. It’s frustrating that many of our laws are seemingly more based on feelings than facts.

  2. New Person

    Great answer from a local art vendor on the subject:
    ========================
    “I mean are they going to be punished for the rest of their life and never be able to live as a functional human being as a result of something that has happened, or do we assume or hope that our rehabilitation processes have allowed that person to successfully be a part of society again?” Kokai questioned.
    ========================

    See… I thought that was being held in custody, ie Prison or go through probation. The 1203.4 code reads like it is rehabilitation. But it’s been manipulated.

    Here’s a People V Banks conclusion:
    +++
    We recognize that “conviction” has sometimes been given the meaning of a final judgment of conviction (see Truchon v. Toomey (1953), 116 Cal.App.2d 736, 738-745 [254 P.2d 638, 36 A.L.R.2d 1230]), but that meaning does not appear appropriate here. [22] Defendant relies on the familiar rule that “Where language which is reasonably susceptible of two constructions is used in a penal law, ordinarily that construction which is more favorable to the offender will be adopted.” (People v. Smith (1955), 44 Cal.2d 77, 79 [2] [279 P.2d 33].) But that rule will not be applied to change manifest, reasonable, legislative purpose (here, the purpose expressed by section 17 of the Penal Code) that an alternatively punishable offense remains a felony until pronouncement of misdemeanor sentence or, if imposition of sentence is suspended, the purpose expressed by section 1203.4 read with section 17 that the offense remains a felony until the statutory rehabilitation procedure has been had, at which time the defendant is restored “to his former status in society insofar as the state by legislation is able to do so, with one exception, namely, that … the record in the criminal case may be used against him for limited purposes in any criminal proceeding thereafter brought against him.” (Stephens v. Toomey (1959), supra, p. 871 of 51 Cal.2d.)
    +++
    – Link: https://www.leagle.com/decision/195942353cal2d3701383

    1203.4 is statutory rehabilitation. It’s a relief program… an immunity program. Note, immunity programs cannot be abridged – it’s either for all or for none. But you have to continue to register and aren’t granted such immunity to return to your former self in society.

  3. mike r

    Yes Alex, that is the definition of demagoguery….

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