Friday, July 20, 2012

FAC "CALL TO ACTION": Following Mark Up on the 18th, the US House voted to pass the Adam Walsh Reauthorization Act of 2012 (AWRA)


Hello,
See “Call to Action” below.
Also as this article mentions, FAC  strongly encourages you and your loved ones to contact your Senators in Washington DC. Tell them to vote NO on this bill (see below to learn how).

With Unity there is Change!

Florida Action Committee
Phone: (904) 438-8FAC 

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~Adlai Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)


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Following Mark Up on the 18th, the US House voted to pass the Adam Walsh Reauthorization Act of 2012 (AWRA)

7-20-2012 Washington DC:

Folks may remember that on Wednesday the 18th the U.S. House Judiciary Committee Marked Up the Adam Walsh Re-authorization Act (AWRA) (HR 3796) -and- the Edward Byrne Memorial Justice Assistance Grant Program Reauthorization Act of 2012 (HR 6062).

As to AWRA certain amendments were presented which can be found HERE (under HR 3796) but only FOUR of them were approved and will become part of the full AWA (If the Senate also accepts them when they get the bill). The four accepted amendments were presented by Rep. Bobby Scott of Virginia, and are:

As best I interpret the four here is what each does:
1) Reduces the Grant money for "Juvenile sex offender treatment programs" (42 USC 3797-EE-1) from $10,000,000 to $2,979,000 for each fiscal year 2013 through 2017. I'd say that is NOT GOOD, but have no idea why a reduction is warranted.

2) Adds this new section making it MANDATORY to EXEMPT from the Public Registry "any information about a sex offender for whom the offense giving rise to the duty to register was an offense for which the offender was adjudicated delinquent (or otherwise convicted) as a juvenile." That sounds GOOD, apparently some states were still showing these juvenile sex offenders publicly.

3) Under section 634 "COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES" Congress wants to add a new report, in addition to the reports already listed. The NEW report "Not later than one year after the date of enactment of the Adam Walsh Reauthorization Act of 2011 (AWRA), the National Institute of Justice shall submit to Congress a report on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders, based on the information collected for the study under subsection (a) and any other information the National Institute of Justice determines necessary for such report."
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Folks may remember I did address Section 634 in my Commentary "PART-III: Behind Closed Doors: The Adam Walsh Act Way, now the States are following?. This new report covering juveniles SOUNDS GOOD, but I do have a concern about interpreting "public safety impact." Will that be construed to INCLUDE "effects on the registrant and family, if any" and if not it should. Now because I see some other differences in the reporting between juveniles and adults, and not wanting to muddy the waters here, I will do a separate Commentary addressing those differences within a few days.
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4) This one is odd, best explained by looking at this from the point when the state gets Byrne Grant Money. When states get funding through the Byrne Grant there is a statute (42 USC 3755) which tells them how to disburse the money to their local governments, and what portion the state keeps.

So this amendment is saying, if a state chooses NOT to come into compliance with SORNA, that the state "shall return to the Attorney General (for reallocation in accordance with subsection (c))" its Byrne Grant portion less what was already given to local governments. In essence Congress does not want to penalize local governments since local governments have no say in whether the state complies w/SORNA or not.
This is my best understanding of these amendments (links to the four are above). Any other interpretations are welcomed, please comment so other folks can see your comments.

So, right now is the time to act, and that means to contact your Senators in Washington DC. Tell them to vote NO on this bill. You can also contact them on Facebook, Twitter and every other site they have listed on their Home pages (see HERE to learn how).

For now have a great day and a better tomorrow.
eAdvocate

PS: For a legal interpretation of these amendments see a lawyer, above is just my read of the amendments.


"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
http://sexoffenderresearch.blogspot.com/  
http://congress-courts-legislation.blogspot.com/

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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.”
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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.”