[montgomeryadvertiser.com] PRATTVILLE — The parents of a young Autauga County sex crime victim want something done. Three years ago, their daughter was victimized by a then-14-year-old boy. What happened next combines the heartache of a family trying to get back to “normal,” a young man paying his debt to society, old wounds being reopened and a bureaucratic maze of board of education meetings and potential legislative action. Read more
Read MoreTag: Alabama
AL: Signs in Yards & Chemical Castration: Bad Legislation to oppose during the 2018 Alabama legislative season
[reformalabama.blogspot.com] The following bills MUST BE opposed during this legislative season. SB195 By Senators Ward and Shelnutt RFD Judiciary Rd 1 18-JAN-18 Under existing law, community notification of sex offenders requires a flyer be mailed or hand delivered to required residences. The existing law also provides any other method reasonably expected to provide notification may be utilized. This bill would further authorize local law enforcement to post public notices on the property where adult sex offenders who are subject to community notification reside. Reason this is bad: This means the…
Read MoreAL: Teacher Accused of Sex with Students Gets Charges Thrown Out as Unconstitutional
DECATUR, Ala. – An Alabama teacher accused of having sex with two of her students succeeded in having her charges thrown out on constitutional grounds, Morgan County Circuit Judge Glenn Thompson confirmed Thursday. Carrie Witt was facing potential prison time for allegedly having sex with two students between 16 and 19 years old while she taught at Decatur High School. Read more
Read MoreAL: As some states reconsider sex-offender registries, an Alabama resident argues the state’s for-life requirements are too much
A lawsuit before a federal appeals court may have broad implications for Alabama’s sex offender laws, which some critics claim are the harshest in the United States. Montgomery resident Michael McGuire is suing the state of Alabama for relief from the residency restrictions, travel limits, sex offender registration and other punishments that accompany a conviction of a sexual offense. The case is before the 11th U.S. Circuit Court of Appeals. Full Article
Read MoreAL: SB301 is going to change the definition of “residence,” and the results will be catastrophic
I have a huge problem with SB 301. The definition of “reside” is being changed by this bill, and not for the better. Most residence definitions deal with where a person sleeps, but this law impacts even where a person spends his time during the day. Full Article
Read MoreAL: Fire breaks out at home of sex offender who is feuding with neighbors
An investigation is underway after a Thanksgiving morning fire damaged the home of a convicted sex offender who has been in a running feud with his neighbors. Full Article Related AL: Sex offender billboard raised in ‘Hatfield and McCoy’ neighborhood feud
Read MoreAL: Sex offender billboard raised in ‘Hatfield and McCoy’ neighborhood feud
A feud worthy of the Hatfields and McCoys is brewing in one Jefferson County neighborhood, where a giant billboard now stands as the latest volley in a battle between a mother of six and a convicted sex offender who lives across the street. Full Article
Read MoreAL: Court rules Martin’s lawsuit against Chilton Co. over anti-clustering law can continue
We previously reported on the case Martin v. Houston, CASE NO. 2:14-CV-905-WKW [WO] (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state legislature’s enactment and enforcement of a sex offender law that prevented the pastor’s transitional housing program. The law in question (Alabama Code § 45-11-82) (the “Act”) prohibited individuals whose names are listed on the Alabama sex offender list from living together in the same home, and further provides that offenders cannot live on…
Read MoreAL: Pastor wins round in freedom of religion lawsuit
A Chilton County pastor has won a round in his federal lawsuit challenging a state law that ended his residential ministry for sex offenders. U.S. District Judge Keith Watkins on Wednesday denied the state’s requests to dismiss the claims by Ricky Martin, who sued in 2014. Full Article
Read MoreAL: Lawmaker introduces sex offender castration bill
MONTGOMERY, Ala. (WIAT) — An Alabama lawmaker has a plan to permanently and physically punish someone convicted of certain sex offenses against children. The bill, known as HB 365, would make those sex offenders have to get surgically castrated before they leave prison. HB 365 was introduced by State Representative Steve Hurst, R-Calhoun County. He said the bill will be for sex offenders over the age of 21 that committed sex offenses against children 12 years old and younger. “They have marked this child for life and the punishment should fit the…
Read MoreAL: For Offenders Who Can’t Pay, It’s a Pint of Blood or Jail Time
Judge Marvin Wiggins’s courtroom was packed on a September morning. The docket listed hundreds of offenders who owed fines or fees for a wide variety of crimes — hunting after dark, assault, drug possession and passing bad checks among them. “Good morning, ladies and gentlemen,” began Judge Wiggins, a circuit judge here in rural Alabama since 1999. “For your consideration, there’s a blood drive outside,” he continued, according to a recording of the hearing. “If you don’t have any money, go out there and give blood and bring in a…
Read MoreAL: Sex offender statutes turn productive citizens into homeless pariahs
The Constitution’s ex post facto clause prohibits passing a law that retroactively increases the punishment for a criminal act that an offender committed before the law was passed. But in an ingenious 2003 Supreme Court ruling, a 6-3 conservative majority held that retroactive placement on a state sex offender registry–being put on a registry that was created after an offender committed his crime–doesn’t violate ex post facto because registration isn’t punishment. Full Article
Read MoreAL: Sex Offender Law Challenged
MONTGOMERY, Ala. (CN) – Sex offenders in Alabama must comply with debilitating restrictions that encompass “virtually every facet of their lives,” eight men claim in a class action. Eight John Doe plaintiffs sued General Luther Strange III and Secretary of the Alabama Law Enforcement Agency John Richardson in Federal Court. The Aug. 20 complaint seeks court relief to prevent application of the Alabama Sex Offender Registration and Community Notification Act, or ASORCNA, claiming the law is unconstitutional. The lawsuit argues that the act violates due process by denying sex offender…
Read MoreAL: Charges Dismissed Against Former Child Sex Crimes Prosecutor For Lack Of Actual Minor In FBI Sting
(2012) There is an interesting ruling out of Mobile, Alabama where former child sex crimes prosecutor, ____ ____, was charged with solicitation of a minor over the computer. Special Judge Gaines McCorquodale dismissed the charge on a key missing element under the statute: an actual victim. Since ____ was speaking with an undercover officer posing as a 15-year-old girl, McCorquodale ruled that there was no victim as required under the language of the statute for child enticement. Essentially, no child, no enticement, no charge. Full Article
Read MoreIs Alabama’s sex offender registry necessary or ‘pointless’?
Two weeks ago, California became among the first states to relax rules about where registered sex offenders can live in relation to schools and parks, according to a recent article on Slate.com. In the Slate piece, criminologist Emily Horowitz of St. Francis College in Brooklyn and author of “Protecting Our Kids?: How Sex Offender Laws Are Failing Us,” says that sex offender registries, once thought to be a strong front-line protection against sex crimes against children, are largely “pointless.” Full Article
Read MoreAL: Schools adjust sex offender policies
The Tallapoosa County Board of Education made adjustments to its sex offender on campus policy to take into account laws that allow registered sex offenders some rights to visit their children at school. Full Article
Read MoreAL: ACLU – Law banning sex offender camp might violate Alabama’s constitution
CLANTON, Alabama — A new law used to shut down a church-affiliated camp for convicted sex offenders in rural Alabama violates a state constitutional amendment designed to protect religious liberty, the American Civil Liberties Union said Thursday. Randall Marshall, legal director of the ACLU’s Alabama office, said the law that went into effect this week is in apparent conflict with the Alabama Religious Freedom Amendment, passed in 1998 to make it tougher for government to infringe on religious rights. Full Article
Read MoreAlabama Crushes Sex Offender Reform Camp for No Good Reason
In rural Clanton, Alabama, a pastor named Ricky Martin has operated a camp on his property to help convicted sex offenders reform themselves. Martin’s program has since 2010 provided a refuge for over 50 men as they try to assimilate back into society. Not anymore, though. C.J. Robinson, the chief deputy district attorney of Chilton County, thought the group was icky or dangerous or something, so he went out of his way to put an end it. Full Article
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