[narsol.org 5/22/18] Keep that in mind. Keep repeating it. A non-punitive civil regulatory scheme. Civil, not criminal. The requirement to register is triggered by a criminal conviction, both felonies and misdemeanors, but the requirement to register is not part of punishment. It is non-punitive. So ruled the Supreme Court well over a decade ago. It is a Non-Punitive. Civil. Regulatory. Scheme. And yet, in many states, failure to register and even infractions in adhering to the registration procedure will land one in jail. Several years ago in Texas, Josh Gravens…
Read MoreMonth: May 2018
TX: Houston Is Forcing Its Parolees Out of City Center and into ‘the Boonies’
[injusticetoday.com 5/22/18] Houston has come up with a new way to make life harder for people leaving prison on parole: by forcing the programs that provide them with housing, often paired with job placement and other services, to move outside the city limits. At the end of March, the city council approved an ordinance that imposes new regulations and inspections designed to improve safety conditions in boarding houses and other facilities. But it also requires housing for people on parole — known as “alternative housing” — or correctional facilities to be located at least…
Read MoreNC: Appeals court reverses twice-convicted sex offender’s lifetime GPS monitoring
[wect.com 5/15/18] NEW HANOVER COUNTY, NC (WECT) – A state appeals court has reversed a ruling that would have required a twice-convicted sex offender wear a GPS monitoring bracelet for the rest of his life. In 1997, Torrey Dale Grady, 39, pleaded no contest to a second-degree sex offense, and in 2006, he pleaded guilty to taking indecent liberties with a child. Both incidents took place in New Hanover County. Although Grady was not initially required to enroll in the state’s satellite-based monitoring program (SBM) after either conviction, in 2013…
Read MoreIL: Must Watch – Argument in IL Supreme Court in People v. Bingham
[floridaactioncommittee.org 5/22/18] The below video is from the recent argument before the Illinois Supreme Court in People v. Bingham. Jerome Bingham, who committed a sexual offense more than 30 years ago, was arrested for stealing pallets. As a consequence of his stealing these wooden pallets and a further consequence of a 2012 change in the Illinois law that required anyone with a previous sexual offense, who is subsequently convicted of ANY offense, be added to the registry (even if their sex offense predated the registry). Watch the video
Read MoreTips on Writing to Your Elected Officials
[floridaactioncommittee.org 5/20/18] Letters and faxes are an extremely effective way of communicating with your elected officials. Many legislators believe that a letter represents not only the position of the writer but also many other constituents who did not take the time to write. These tips will help increase the effectiveness of your letter: Keep it brief: Letters should never be longer than one page, and should be limited to one issue. Legislative aides read many letters on many issues in a day, so your letter should be as concise as…
Read MoreFL: $385 million is what it costs Florida every year to deny civil rights for non-violent felons, report says
[tampabay.com 5/21/18] The Republican-leaning Washington Economics Group of Coral Gables says Florida loses millions by spending on extra court and prison costs while losing the opportunity to create new jobs for new offenders. By Mary Ellen Klas Seven years after Gov. Rick Scott and the Florida Cabinet voted to end the state policy that automatically restored the civil rights of nonviolent offenders after they complete their sentences, a price tag has emerged. Florida lost an estimated $385 million a year in economic impact, spent millions on court and prison costs,…
Read MoreMO: Mother of Beaten Inmate Files Lawsuit
[floridaactioncommittee.org 5/21/18] Harley Holt was being held in a Jefferson Missouri jail on a charge of failure to register, when two other inmates beat him. He was put into a separate cell, but his repeated requests for medical attention were ignored. Eventually, he lost conscious and was taken to the hospital where he was placed on life support and later died. His cause of death was head trauma resulting in swelling of his brain. His mother has now filed a lawsuit against the jail and certain staff. Read more
Read MoreSex offender registry: More harm than good?
In the 1990s, in response to a number of horrific and highly publicized crimes against children, states and the federal government created stringent penalties for sex offenders, notably registries where offenders’ names and addresses are available to the public. But now critics across the country are demanding review and revision of these policies, saying they are based on false assumptions, are a waste of money and do more harm than good. Full Article
Read MoreGA: Pardon Lifts Requirement to Register as Sex Offender
Georgia’s highest court says a man convicted of sexually abusing a young girl no longer must register as a sex offender after receiving a pardon. Full Article
Read MoreWI: Supreme Court rules sex offender can be tried as adult for crime committed at age 9
A convicted sex offender in Wisconsin seemed to believe he was off the hook when police learned that he allegedly committed a sexual assault at the age of 9. Full Article Decision Related In Wisconsin, we can send people to prison for things they did when they were 5
Read MoreLA: Two sexual exploitation bills pass Louisiana Legislature
[kalb.com 5/18/18] Two bills targeting sexual exploitation passed through the Louisiana Legislature Friday. One would set policies for employers to detect victims of human trafficking, and the other would increase penalties for crimes involving prostitution. Rep. Julie Stokes, R-Kenner, wrote the bill that would relate to the trafficking victims, including employees of sexually oriented businesses like stores selling sexual materials and businesses with live sexual performances. The businesses would have to verify age and employment status of current and prospective employees and keep those records for three years. They also…
Read MoreWV: Tweaks to enforcement should be considered for complex sex registry law
[wvnews.com 5/19/18] During a recent sentencing hearing, Harrison Circuit Judge Thomas A. Bedell read sex offender registry rules to a defendant. Bedell was reading at a steady pace, and it still took 14 minutes. The Legislature requires that judges read the rules to defendants after they’re convicted, ostensibly to avert the possibility later of offenders saying they never were informed of the requirements. advertisement A judge reading the document aloud in court creates an official record. And it also takes away the possible illiteracy defense from an offender. But what…
Read MoreCO: Polygraph testing and treatment of sexual offenders
[jenniferkamorowski.net 5/19/18] On May 9, the Colorado legislature passed House Bill 1427, which prohibits individuals with a vested economic interest in administration of polygraph tests from serving on the sex offender management board (SOMB). Beyond the issue of conflict of interest, there are other reasons to keep polygraph out of sex offender treatment decisions. The primary reasons are issues with reliability and the coercive nature of compelling disclosures about thoughts and activities (legal or illegal). Polygraph testing in post-conviction sex offender treatment (PCSOT) is used in approximately 80% of community-based…
Read MoreACSOL Conference: Sex Offense Litigation and Policy Fellow to Speak
Guy Hamilton-Smith, a fellow at the Sex Offense Litigation and Policy Research Institute, will speak at the ACSOL conference on both June 15 and June 16. As a speaker, he will address two issues — child pornography and how to success as a registrant. “Guy Hamilton-Smith is a leader in our community of registrants,” stated ACSOL President Chance Oberstein. “We welcome his participation in this year’s conference.” Hamilton-Smith, a law school graduate, is well known for his challenge to take the Kentucky bar exam in 2013. In a decision by…
Read MoreCA: All of Mugshots.com’s alleged co-owners arrested on extortion charges
[UPDATED LINKS 5/20/18] [arstechnica.com 5/17/18] Two alleged owners of Mugshots.com—Sahar Sarid and Thomas Keesee—have been arrested in south Florida on a recently issued California warrant. The notorious website publishes mugshots and then demands payment for their removal. On Wednesday, the attorney general of California brought criminal charges against not only Sarid and Keesee, but also Kishore Vidya Bhavnanie and David Usdan. The quartet has been charged with extortion, money laundering, and identity theft. Bhavnanie was arraigned by a Pennsylvania state judge also on Wednesday—his bail was reportedly set at $1.86…
Read MoreAustralia: Tougher punishment needed for child sex crimes
[theage.com.au 5/16/18] Should child sex offenders be named and shamed, and their locations placed on a public register after they are released from prison? Raping or otherwise sexually assaulting a child is a crime so vile it challenges the capacity of lawmakers and the judicial system to design adequate and effective punishments and deterrents. The task is all the more difficult because such atrocities understandably elicit profound emotional responses, including despair, rage and a searing desire for retribution. … Evidence shows public registers of offenders can add to the suffering…
Read MoreWI: Lifetime GPS monitoring not punishment
A Wisconsin judge wasn’t required to tell a man he would face a lifetime of GPS monitoring upon pleading guilty to child sex crimes because such monitoring is a public safety measure, not a form of punishment, the state Supreme Court ruled Friday. Full Article
Read MoreBrazil: Arrests hundreds in massive crackdown on child porn
In just one day, Brazilian authorities went after 578 people on warrants for crimes of child pornography and sexual exploitation of minors. The massive raid is the largest ever in Brazil — and possibly in the world. Full Article
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