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NY: Banished from New York City [audio]: The Legality, Policy Considerations, and Practical Implications of the Housing Restrictions Faced by People on the Sex Offender Registry

[nycbar.org – 9/11/18]

In New York City, there are hundreds of men and women on the sex offender registry who are subject to the Sexual Assault Reform Act (SARA) residency restriction, which prevents them from living within 1,000 feet of a school. This little-known restriction has created enormous constitutional problems. Because our densely-populated city contains virtually no residences that comply with this restriction, prisons are holding these people past the length of their prison sentences if there is no SARA-compliant housing available – a time period that usually extends longer than a year. This event addresses the history and policy behind the residency restriction, the impact of SARA on people who have committed sex offenses, and the legal challenges being made on behalf of people affected by SARA.

Panelists:
Michael Burke, Hodges Walsh Messemer & Burke, LLP
Bill Dobbs, Publisher, Dobbs Wire, newsletter about sex offense law and policy; Advisor, Sex Offense Litigation and Policy Resource Center at Mitchell Hamline Law School
Emily Horowitz, Professor and Chairperson, St. Francis College, Sociology and Criminal Justice Department
Susannah Karlin, Licensed Social Worker, Center for Appellate Litigation
Robert Newman, Legal Aid Society, Criminal Defense Practice, Special Litigation Unit
Greg Williams, The Fortune Society

Listen to the panel discussion

 

Related links:

Housing Restrictions Keep Sex Offenders in Prison Beyond Release Dates [nytimes.com – 8/21/2014]

 

Join the discussion

  1. NY won't let go

    This was already found unconstitutional multiple times in NY.

    The NY registry also has had in their FAQs section that it doesn’t matter how far from a school someone lives that if they are going to commit an offense then they will do it regardless how close to the school it is…

    The residency restrictions makes no sense to have in NYC as everything is within 1000 ft of a school 😑

    • Scotus Save Us Now

      No – This rule still applies to level 3’s on probation/parole or any one else with a victim under 18. The state court only tossed out local residency laws that applied after you were off paper.

  2. New York Level 1

    Wish I could have gone.

    These kinds of little-known exceptions are what really scare me. The legislation and regulatory body surrounding sexual offenses and registrants is vast, and to me that says that even a definitive ban on the registry by SCOTUS won’t catch all the collateral consequences. I mean, even if it did, we’d still have to deal with the collateral consequences of just having a regular criminal conviction.

    People convicted of sex offenses are the ultimate expression of living in a “state of exception”. All rights are guaranteed for all except us. Ours are always at risk of being rescinded, and the presumption is on us to justify our “worthiness” of them.

  3. Anonymous

    Also, in NY, I have to take off from work and family responsibilities to have my picture taken. This time, I am going to write LE a letter back, stating that due to serious work and dire family obligations, I could come in to have my picture taken M-F before 6am, after 6:30pm & on Saturdays and I don’t participate in such burdens on Sundays as I am assuming that your picture taker doesn’t either, unless it’s paid @double time.

    • NYLevel1

      Yes, I agree. You should do that. Then you’ll have two pictures taken. One at intake after your arrest and one inside for the SOR.
      Hope you like the color orange because that’s what you’ll be wearing in the pics.
      You mind as well have one taken with your work pals and family for long term memories sake when inside.

    • R M

      @Anonymous: I’ve been on supervision for 16 years now. Never have PO’s or LE came to my house on a Sat or Sun… except this last weekend they showed up on Sat (I wasn’t home); then they came back on Sun. Yes, they are milking tax payers money for 1-1/2 times and 2 times pay.

      • NYLevel1

        Your comment would be more helpful and give us insight if you shared your location, crime and sentence please.
        I don’t think they are ‘Yes, they are milking tax payers money for 1-1/2 times and 2 times pay.’ They are doing their job; visiting you when you don’t expect them. Looks like to me they are doing a good job as horrible as it is to all of us who have been through this.

        • R M

          I’m not going to tell you my specifics except that I am and always have been tier I (I say that as I assume level II’s and III’s have it worse); it’s irrelevant on this matter. They work everyday disrupting our lives. Any time from 6am to 11:30pm in my case. They work many hours a day trying to enforce restrictions that any other criminal or non-criminal doesn’t have to abide by. One example is coming next month… the “you have to be home (or in jail in some places) on Halloween. And for what? To make society safer? NOPE. 95+% of us NEVER commit another sex crime. You’re right, they are doing their job… just like the Germans did, which some were convicted after the war. I call them Zombie Police.

      • NYLevel1

        R M

        You CANNOT be a Level 1 on probation/parole for for 16 years unless you are Level 1 either for 30 years or life with a SORA valuation of Violent Predator or Predator.

        It’s a real shame that people like you use this board just to stoke emotions. Worse is that you are not acknowledging your crime which is the single greatest tool used by prosecutors and Probation/Parole/LE
        which IS the primary cause of the invention of the Sex Offender Registry.

        “They never change’ is the accusation that keeps ALL OF US on the SOR.

        RM, you seem to fit into this category. Keep your secrets, it well fits into your profile and that’s why LE pays you visits.

        • David Kennerly

          What are you on about? And what the hell is this about “not acknowledging your crime?” Why don’t you mind your own fucking crime and stop trying to police other people’s thoughts and language? And “the single greatest tool used by prosecutors and Probation/Parole/LE which IS the primary cause of the invention of the Sex Offender Registry.” Gimme a break! Are you the same New York One who was trying to language-police our comparisons of the sex offender hysteria to the Nazis?

        • Will Allen

          David Kennerly (September 27, 2018):

          I agree. And frankly, “NYLevel1” was pretty much calling “R M” a liar.

          @NYLevel1 – No one owes you any information of any kind. “R M” made some simple statements and he doesn’t owe you or anyone else any further explanation. So stop with your complete horse sh*t about how he is “not acknowledging” his crime, “that’s why LE pays” him visits, and the rest of it. Pure nonsense.

          Further, NYLevel1 said, “They are doing their job; visiting you when you don’t expect them. Looks like to me they are doing a good job …” Ummm, people should know where they can stick that. Every single time that criminal LE visits a person who is listed on a Registry, they are wasting time, money, and other resources that are actually limited, in actual reality. They are never doing a good job. They are being idiots.

          “R M” and everyone else who is listed on a Registry should never allow any criminal regime employees, especially their law enforcement criminals, to come onto their property. There are many things about being listed on a Registry that can be avoided and THAT is one of them. It is easy to do and should be done always. In fact, the only reason to allow such visits would be to waste their time, money, and other resources. And I have to feel like it is quite demoralizing for them as well. It should be. So perhaps allow visits for only those reasons.

        • R M

          @NYLevel1; You said, “You CANNOT be a Level 1 on probation/parole for for 16 years unless you are Level 1 either for 30 years or life with a SORA valuation of Violent Predator or Predator.”

          Yes, I can and have been. I’m none of the examples you listed. I’m not in NY nor have I committed a crime there. What state and law are you referring?

          “It’s a real shame that people like you use this board just to stoke emotions. Worse is that you are not acknowledging your crime which is the single greatest tool used by prosecutors and Probation/Parole/LE which IS the primary cause of the invention of the Sex Offender Registry.”

          I don’t have to acknowledge my crime to you! You need to quit assuming and bitching about other people and mind to yourself.

        • R M

          @David and Will, thanks.

        • R M

          @NYLevel1: I originally posted on Anonymous’s comment which relates to every RC in every state. You are the one who got your panties in a wad when I wouldn’t tell you specifics of my crime.

  4. Timothy DA Lawver

    The effects of the formation of an electronic blacklist DEEMED NOT intended to impose restraint on plain liberty. A plain lie, obfuscated by preamble. Plain indentured of citizen to property AND continuous maintenance.
    If no liberty at stake, who d complain?

    The very man was made leader of the panel. He now also sets the agenda!
    He must go!

  5. Anonymous

    I am an ex con just like every other ex con. A free citizen who served out his sentence honorably, a long, long time ago. That picture, is a burden. I am a very hard working professional, who ran out of paid time off due to horrific family illness. It’s simple . . . Take pic = get fired.

  6. NYLevel1

    Will Allen and David Kennerly your comments justify in my opinion the reason for Lifetime and 30 years.

    You are hysterical, in denial, making general claims that LE is ‘criminal’ and in fact you well fit the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)

    Why don’t you become a patient here where you will not get your way http://www.paraphilias.nyc

    • David Kennerly

      Thanks for the advice, NY1. So which disorder do you diagnose me with out of the DSM? I’m curious to know. Perhaps you can write a scholarly paper on it and get it published. Or possibly even come up with a new disorder for them to include in the next edition. This can only help in your ongoing effort to burnish your own star and to gain the acceptance of society that you so clearly crave.

      • Will Allen

        Funny stuff. Frankly, I’ve wondered if NYLevel1 is a pig. If I cared, I would read some of his/her postings and try to decide. But I don’t really care for now.

        • AnotherAnon

          Wondered the same thing. Now I’m betting on wannabe pig.

        • NYLevel1

          Will Allen- So you call other Sex Offenders ‘Pigs’ and you ‘don’t really care for now’. So why bother responding? Are you a Pig? Trust me, LE and all the people who hates us think so.

          R M – ‘I’m not in NY nor have I committed a crime there.’ ‘So why are you posting your problems on this NY thread?

          David Kennerly- ‘This can only help in your ongoing effort to burnish your own star and to gain the acceptance of society that you so clearly crave.’ That’s a very childish comment Mr.Kennerly, stop projecting. Have you grown up yet? I doubt it.

          There’s no doubt that LE read this site. Why don’t you carry on confirming what they think of many sex offenders?

        • Will Allen

          NYLevel1 (September 29, 2018):

          Your comment is a little old now but it should not go without being addressed.

          First off, I’m not a “$EX offender” so there is no way that I am calling “other Sex Offenders” anything. In fact, I hope that there are very few actual “$EX offenders” that visit this website.

          What I did say was that I am wondering if you are a pig or not (meaning a LEO in case you are not getting that!!).

          The rest of what you said to me doesn’t make any sense. If you are going to fight against the Registries, please slow down and really think about what you are saying. If you are going to support the Registries then feel free to look as stupid as you can.

          You seem to love LE. F them. I do really hope they read this site so they can see that people do recognize the Registries for the stupidity that they are. Further, I don’t give the first flip what LE thinks about me or anything I say. They aren’t on my level so their judgments are meaningless. They can shove their “confirmations” up their asses.

          Knowledgeable, talented LEOs know that they Registries are much worse than merely worthless. They will waste as little time as they can on them.

    • Will Allen

      Awww, I wrote such a lovely response to you but ACSOL didn’t like it. I had to fix it.

      If you truly think what you said then you are an idiot. “In denial”!! That is hilarious and my favorite. You poor, poor, lame people, reaching for anything that you’ve ever heard of that you think you can throw at anyone. Funny stuff.

      Just for you today and this weekend, I will ensure that your precious Registries are not merely worthless, but much, much worse. Maybe you can call the scumbag LEOs that you love so much and suggest to them that they come and stare at the walls around my much-nicer-home-than-they-can-afford. 🙂

      Have a great day harassing people.

  7. New York Level 1

    Is this the same “NYLevel1” that was accusing me of being someone else and accusing me of trying to confuse people between me and him? The same one that berated the only organized group fighting for us in NY as a bunch of preeners and failures?

  8. Jay

    Residency restrictions are unconstitutional, but here they get around it by making it into a trespassing or order of protection type law. It’s not saying you can’t LIVE near a school, it’s saying you CAN’T BE NEAR the school’s premises. So if you’re in a building near the school you’re violating the law – even if you live there. Since it’s not directly aimed at residency, it will take years for a Judge to be brave enough to admit that residency is an issue here and strike it down.

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