Overestimating Sex Offender Risk: The Static-99R Has Produced an Epidemic of False Positives in Florida. How Many Other States are Using This Flawed Assessment Tool and are Indefinitely Committing Citizens Who Pose No Risk? Full Article
Read MoreMonth: October 2013
Panic Does Not Make for Good Policy
Sexual violence, like other forms of violence, is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are appropriate and effective. The U.S. legal landscape was reshaped by federal laws passed in the mid-1990s, in response to heinous but statistically unusual crimes involving stranger abduction, rape and murder. The Wetterling Act required convicted sex offenders to register with local authorities, and Megan’s Law required law enforcement to notify neighbors about the presence of a sex offender in their…
Read MoreOH: Councilman tables own proposed ordinance on sex offenders
AMHERST — A proposed ban which would have prevented registered sex offenders living within the city limits from participating in Halloween will have to wait.At a committee meeting Monday, Phil Van Treuren made a motion to table the ordinance which he promoted one week ago through a news release.Van Treuren said his proposed ordinance was recommended after seeing the Village of Orwell in Ashtabula County adopt a similar ordinance recently, prohibiting sex offenders from answering their door during and around Halloween. After getting feedback from council members and Law Director…
Read MoreNo evidence of more sadism, sex crimes during Halloween
Every year, parents nationwide are vocal about the dangers of Halloween. Child abduction, poisonous candy and cryptic messages and pranks from Halloween sadists are just a few of the concerns expressed each year by 24 percent of parents with children under 12 years old, according to a 2011 Harris Interactive poll. However, empirical evidence doesn’t validate such concerns. Full Article
Read MoreFL: Black swan crash lands on Florida SVP program
Dan Montaldi’s words were prophetic. Speaking to Salon magazine last year, the former director of Florida’s civil commitment program for sex offenders called innovative rehabilitation programs “fragile flowers.” The backlash from one bad deed that makes the news can bring an otherwise successful enterprise crashing down. Full Article
Read MoreNew Legislation signed by Gov. Brown (“Ban-the-box” / Cert. of Rehabilitation) UPDATED
Several pieces of new legislation were signed into law by Governor Brown earlier this month that might of interest here. Among them are a prohibition of asking for information about criminal records on employment applications (“ban the box”), as well as a possible discretionary shortening of the waiting period for a Certificate of Rehabilitation if the “interest of justice is being served”. Full Article / More Info NOTE: 290 Registrants are excluded from a discretionary shortening of the waiting period for a Certificate of Rehabilitation. (added by Admin 10/28) 4852.22. Except…
Read MoreFear the Bogeyman: Sex Offender Panic on Halloween
It can be said that sex offenders are the new bogeymen, mythical monsters invented to scare children into social order. People convicted of sex offenses, and subsequently placed on the public registry, are transformed into a concept of evil, which is then personified as a group of faceless, terrifying, and predatory devils. It would appear that this strategy is used to keep sex offenders at a distance, in turn keeping our children and families safe from harm. But in reality, such fantasy does just the opposite: ignoring the realities of…
Read MoreMI: Legislation would force sex offenders to pay to be on registry [UPDATED]
Legislation passed by the Michigan Senate in Lansing would require registered sex offenders to pay an annual fee to help maintain the state’s sex offender registry. Senate Bill 221’s sponsor, state Sen. Rick Jones, said it is ready for the governor’s signature. “These are people who committed crimes,” said Jones, R-Grand Ledge. “I do not believe that the hardworking taxpayers in Michigan should foot the bill for a registry of crimes they did not commit.” In a news release on Thursday, Jones cited other states such as Indiana, which charges $50 per year…
Read MoreOK: Sex Offender Law Successful Challenge Sets Stage for Other Jurisdictions
Recent decisions have relied on the reasoning of the US Supreme Court in Smith v. Doe when analyzing challenges to sex offender registry laws. The Smith decision notoriously held that Alaska’s sex offender registry did not violate the US Constitution’s prohibition on ex post facto laws. The US Supreme Court held that the Alaska registry was constitutional by applying a two-step analysis: first, determining whether the legislation was intended to have a punitive effect and if so, analyzing the results of the “intents-effects” test established by the court in Kentucky vs. Mendoza-Martinez. The Oklahoma Supreme Court…
Read MoreIn Defense of Rational Sex Offender Public Policy and Laws
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 requires sex offenders to be classified in one of three tiers of supervision. Tier 1 sex offenders have lighter restrictions placed upon them…
Read MoreTransmitting Child Porn Case Overturned
Every era in human history has its version of a witch hunt. In the late 1600’s, colonial Massachusetts put many people to death via hanging, or burning at the stake, because these folks “confessed” to being witches. In my view, part of what qualifies any government activity as a “witch hunt” involves examining the large gap between the punishment and the crime. Burning at the stake for being a witch is but one example. Twenty years in prison for possessing child pornography, that’s today’s example. Yes, our government would probably…
Read MoreBubba the Love Sponge warns communities about sexual offenders
It’s nearly Halloween. A time for little ghouls and goblins to dress up for Trick or Treat. Tampa radio personality Bubba the Love Sponge is worried about some real scary people. Bubba asked listeners to let him know where sexual offenders are located in their neighborhoods. He says he then went onto the FDLE web site to verify the information and went says he went one step further to verify the offenders information on individual county law enforcement web sites. Bubba then had yard signs printed on a red background with bold…
Read More10-Year-Old Boy Required to Register as a Sex Offender
Two years ago, the U.S. Department of justice prosecuted a 10-year-old boy for aggravated sexual assault on five boys, ages 5-7. The assaults happened on an Army base in Arizona, which is why the DOJ was involved. After winning a delinquency judgment (the equivalent of guilty in juvenile court), the boy was sentenced to five years probation and required to participate in mandatory psychological treatment. He must also register as a sex offender for the rest of his life. Full Article
Read MoreCA RSOL Meeting in Fresno – November 9
On November 9, 2013, Attorney Janice Bellucci with California Reform Sex Offender Laws (www.californiarsol.org) will be in Fresno to talk about her role in helping offenders who must register, to understand they have a civil rights attorney to help them. Janice has filed lawsuits against California Cities, that restrict sex offenders from going into public buildings or other public areas. She has successfully sued and won to have these ordinances repealed. Another guest is Clare Ann Ruth Heffelbower from Fresno Pacific University. She is the Director of the COSA program…
Read MoreManufacturing Fear: Halloween Laws for Sex Offenders
In North Carolina, a sheriff tells parents to check the online sex offender registry before allowing children to trick-or-treat. In Montana, a town offers a “trunk-or-treat” event where kids can get Halloween candy from trunks of cars in a parking lot to avoid potential danger. In New York, “Operation Halloween: Zero Tolerance” prohibits sex offenders from wearing masks or costumes or answering their doors on Halloween, and, as a parole source says, “There is certainly nothing more frightening than the thought of one of these men opening their door to…
Read MoreWe Register Cars, Don’t We?
When you get a new appliance, do you take time to fill out the little card and register your toaster, coffee maker or iron? Of course you do, if you want the company to keep track of it and fix it in the event of a breakdown. We’re pretty good in America about registering things. We register our preferences for baby shower or wedding gifts to avoid duplications. Voting registries make sure only those eligible can cast a ballot. We register our motorcycles, boats and cars so we — and…
Read MoreCO: Englewood to appeal sexual offender decision
ENGLEWOOD – The City of Englewood announced on Tuesday that they plan to appeal the recent federal court decision to allow sexual offenders to be housed near schools, parks, pools and daycare centers. What started the court decision was when a registered sex offender fought the law and won after being told he couldn’t live anywhere in the City of Englewood. The ruling has potential to undermine laws in five other Colorado cities that place distance restrictions on how close some sex offenders can live to certain locations. Full Article…
Read MoreShould Child Molesters Be Castrated?
The Doctors (TV Show) discuss legislation recently filed in the state of Alabama that would require surgical castration for any child molester over the age of 21 whose victim was 12 years old or younger. Video
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