[simplejustice.us 4/12/18] When the constitutionality of a law is challenged, the most critical factor is the test use by the court in deciding whether it passes scrutiny. If it’s strict scrutiny, the law almost always gets crushed. But then, strict scrutiny is reserved for laws that implicate fundamental rights, which are fundamental because the Supremes say they are. And the others? Last week the Illinois Supreme Court upheld a state law banning sex offenders from public parks, overturning a 2017 appeals court ruling that deemed the statute “unconstitutional on its…
Read MoreTag: Presence Restrictions
IL: Writing Sex Offender Laws Based on Fake Recidivism Numbers Is Rational, Court Says
Last week the Illinois Supreme Court upheld a state law banning sex offenders from public parks, overturning a 2017 appeals court ruling that deemed the statute “unconstitutional on its face because it bears no reasonable relationship to protecting the public.” The seven members of the higher court unanimously disagreed, saying, “We conclude that there is a rational relation between protecting the public, particularly children, from sex offenders and prohibiting sex offenders who have been convicted of crimes against minors from being present in public parks across the state.” Full Article…
Read MoreIL: Public Parks Ban is Constitutional (Supreme Court Reversal)
The Illinois Supreme Court reversed an appeals court ruling and found that the state’s ban on sex offenders entering public parks is constitutional. Other Media Quick Take on Illinois Supreme Court Opinion Issued Thursday, April 5 Supreme Court of Illinois rejects claim that state prohibition on sex offenders in parks is violative of substantive due process
Read MoreCT: ‘Child Safety Zones’ Cast Too Wide a Net, Pardoned Sex Offender Says
HARTFORD, Conn. (CN) — Nearly 10 years after he was pardoned for sexually assaulting a 25-year-old woman, a Connecticut man claims in a federal complaint that he is barred from using the library and other public spaces because of an unconstitutional town law. Full Article
Read MoreNY: Gov. Cuomo’s Terrible, Horrible, No Good, Very Bad Plan to Protect Your Kids
New York Governor Andrew Cuomo recently unveiled a legislative proposal packaged as part of a budget amendment to expand already onerous residency and presence restrictions for some sex offenders in New York. Full Article
Read MoreNY: Bills re-instate residency/ proximity laws, Shelter Bans and end Statutes of Limitations
[once-fallen.blogspot] Read comments by once-fallen.blogspot Read NY Assembly Bill A9505C Read NY Senate Bill S7505B
Read MoreFL: Sex offenders — decision needed
[narsol.org] By Sandy . . . Some members of our society are shadow people, so marginalized that they are hanging on by their fingernails. Some have a slightly firmer grip, but they are perched precariously close to the edge, so close that they can be hurled into the abyss by a mere word, accusation, or click of a mouse. In Florida colonies of these shadow people survive, sleeping at night in the woods, under bridges, and in railroad yards, and now the man who is almost solely responsible for this…
Read MoreNY: Governor Cuomo Announces 30-Day Budget Amendment to Protect New York’s Children from Sex Offenders
[governor.ny.gov] Action Will Prohibit Level 2 and 3 Sex Offenders From Being Within 1,000 Feet of Kindergarten and Pre-K Schools. Ban Sex Offenders From Staying in Temporary Emergency Housing or Shelters Where Families Live. Governor Andrew M. Cuomo today announced a 30-day budget amendment will be advanced to protect children in New York State. The amendment will restrict sex offenders whose victims are under the age of 13 from traveling or living near schools where young children go to learn, and will ban offenders from living in temporary or emergency…
Read MoreMA: Westfield moves to repeal unconstitutional sex offender ordinance
[masslive.com] By Hope E. Tremblay Special to The Republican WESTFIELD – The City Council’s legislative and ordinance subcommittee Thursday took the first step toward repealing a local ordinance that unconstitutionally restricts where registered sex offenders may live or visit. The motion to repeal the ordinance was made by Chairman Ralph J. Figy, who said a decision by the state Supreme Judicial Court indicates the ordinance goes against the state constitution. First Assistant City Solicitor Shanna R. Reed said Westfield has not received any notification from the state regarding the ordinance,…
Read MoreJanice’s Journal: To Jail and Then to Hell
A town in Connecticut passed a new law this week that bans registrants from virtually all of its public sites, including parks, recreation centers, event centers, swimming pools, trails, and open space land. The new law also prohibits registrants from attending school events even if their children are participating in them. The town’s decision to ban registrants was made about the same time as their public schools prepared to participate in “The Great Kindness Challenge”, an international program meant to show that kindness matters. The irony of these two events…
Read MoreCT: Naugatuck puts its property off-limits to sex offenders
[rep-am.com] NAUGATUCK – Registered sex offenders will no longer be allowed on most borough-owned property. The Board of Mayor and Burgesses unanimously passed an ordinance Tuesday that bans any person convicted of a sexual offense from frequenting borough-owned parks, schools, playgrounds,… Read more
Read MoreCT: Law would bar sex offenders from most public spaces
[mycitizensnews.com] [1/3/18 UPDATE: The ordinance passed http://www.rep-am.com/news/news-local/2018/01/02/naugatuck-puts-its-property-off-limits-to-sex-offenders/] NAUGATUCK — Sex offenders will no longer be allowed in borough-owned parks, schools, playgrounds, recreation and event centers, pools, gyms, sports fields and facilities, trails, or open space if the Board of Mayor and Burgesses approves a new “Child Safety Zone” ordinance. The board will hold a hearing on the proposed ordinance at 6:45 p.m. Tuesday in the Hall of Burgesses at Town Hall, 229 Church St. The ordinance was inspired by a young girl who was raped repeatedly as a child,…
Read MoreCA: LA’s Hidden Sex Offender Problem is about to Get Worse
A few hours before Los Angeles voters went to the polls for a recent election, an unaccompanied man hauled voting equipment and confidential voter information into an LA elementary school’s auditorium through a front entrance as early arriving children and teachers trickled in during the early part of the 6am hour. According to the LAUSD and the Los Angeles County Registrar-Recorder, this man’s presence at the school is strictly prohibited because he is a registered sex offender with a years-old aggravated felony for lewd or lascivious acts with a child…
Read MoreAK: 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. Read more
Read MoreIL: For Illinois Sex Offenders, Six Years Can Turn Into Life In Prison
[WBEZ News radio] J.D. Lindenmeier completed his six-year prison sentence in 2011, but he hasn’t been released because he has nowhere to go. Inmates call these extra years behind bars “dead time.” The Rockford native committed a sex crime, and in order to get out of prison he has to meet the state’s long list of rigid parole requirements for those convicted of predatory criminal sexual assault. He could remain behind bars for the rest of his life if he doesn’t find appropriate housing. For Lindenmeier, that means finding a…
Read MoreNC: Fayetteville police captain charged with failure to report sex offender noncompliance
FAYETTEVILLE, North Carolina (WTVD) — The Cumberland County Sheriff’s Office has charged Fayetteville Police Captain ____ ____ with failure to report sex offender non-compliance. According to an arrest warrant, ____’s husband ____ ____, who is a registered sex offender, was with her at events with children present – which is a violation of his sex offender registry restrictions. Full Article
Read MoreIL: Sex offender charged with entering a school zone in Plainfield
A registered sex offender was charged with entering a school zone after he sought medical attention Oct. 25 at Plainfield East High School. Full Article
Read MoreCA: 29 Palms sued over sex offender restrictions
TWENTYNINE PALMS — The city of Twentynine Palms is being sued for keeping its residency restrictions for registered sex offenders. The City Council will meet Monday, Sept. 11, to hold a public hearing and consider repealing the restrictions, which are laid out in its municipal code. Staff and the city attorneys are recommending that the council repeal the restrictions. Full Article
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