Tuesday, March 15, 2011

Bills introduced to combat crimes, societal problems

6:02 PM Mon, Mar 14, 2011 |
Tracy Breton

PROVIDENCE -- Rhode Island's new attorney general, Attorney General Peter F. Kilmartin, has been in office for just 2 ½ months. But the former Pawtucket police officer and legislator, now a lawyer who served for 20 years in the state House of Representatives, has just submitted a raft of bills that target everything from lax policing of home care attendants, to residential mortgage fraud, deceptive trade practices, cyber-crimes, drunken driving and public-corruption.

And there are more bills to come. While his staffers are remaining mum about the specifics, Kilmartin is currently working on proposed legislation that would amend the state's medical marijuana-law. There's also a bill being drafted that would give local law enforcement agencies more authority to police gambling gaming facilities.

In a lengthy interview last week, Kilmartin outlined his ambitious legislative agenda for 2011. All of the proposed bills will require a hearing before they come up for a vote. Some measures are mirror images of bills that Kilmartin tried to get enacted when he was a House member. Others incorporate initiatives his
Democratic predecessor, Patrick C. Lynch, tried to push through. But some of the bills are newly minted and stem from what Kilmartin sees as flaws in Rhode Island's legal landscape as well as a heap of societal issues.
The bills would require licensure of personal care attendants who help the elderly and disabled in their homes, broaden the reach of current state laws aimed at Internet crime, and add a new arsenal of offenses that prosecutors could charge when going after corrupt public officials.

Kilmartin is also proposing legislation that by July of this year -- the US government deadline -- would put 
Rhode Island in compliance with the federal Sex Offender Registration and Notification Act sex-offender registration laws (SORNA) -- an initiative that Lynch, his predecessor, said was too costly for the state to contemplate doing in such a short time span but which Kilmartin claims can be accomplished without additional cost to the state.

Amy Kempe, spokeswoman for Kilmartin, said that if the state did not comply by the deadline, Rhode Island could lose up to $650,000 annually in federal funding for justice initiatives on the state and local level which she said would be more than it would cost to implement the SORNA mandates. "And if we implement the act, the state police have been assured they'd receive $200,000 to establish the web-based notification process," she said.

SORNA contains some provisions that have been controversial nationally -- including the requirement that certain juvenile sex offenders who are adjudicated in the Family Court - register on an Internet database, and retroactive registration requirements for some offenders who were convicted and punished for sex crimes years ago.

One of the bills Kilmartin has submitted is aimed at attacking the state's huge problem with drunken drivers. According to the National Highway Traffic Safety Administration, 40 percent of 2009 highway driving fatalities in Rhode Island involved drivers who were alcohol-impaired, 25 percent above the national average.


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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.

But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?

All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
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What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
* * * *
I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”