"I’ve offended friends, family, co-workers, colleagues and even thousands of people I’ve never met. It happens embarrassingly often. Fortunately I’m not defined by my worst day or even by one of my “off days.” Nope, not me. I’m defined by the sum of my days and my title — Secretary of Corrections."
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Tuesday, May 31, 2016
Australia: Study into how juries judge sex offenders
The findings reveal jurors don't always engage in prejudicial reasoning in child sex abuse trials where there are multiple complainants, or where ...
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Tuesday, May 24, 2016
CNS - Sex Offender's Lawsuit Dismissed Too Quickly
CNS - Sex Offender's Lawsuit Dismissed Too Quickly
www.courthousenews.com/2016/03/.../sex-offenders-lawsuit-dismissed-too-quickly.ht...
2013 Wallace Sex Offender Lawsuit
https://www.documentcloud.org/documents/702194-wallace-sex-offender-lawsuit.html
National: Civil Rights Group Files Lawsuit Questioning Constitutionality of International Megan’s Law
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"The concern for sex offenders’ safety may seem counterintuitive; however, it is also well founded. For example, according to the language of the bill, it doesn’t appear that there are any provisions that would monitor whether foreign governments share information about sex offenders with others outside the people who need to know. These are sex offenders who have been convicted of some of the most atrocious crimes. Could the American government control who has this kind of sensitive information? If not, does this law unduly put sex offenders at risk? Do we even care?"Read more
Florida Action Recent Posts
Member Submission: RE: Sex Stings
May 23, 2016
Another sex sting, this time it looks like Georgia is getting in on the Federal Govt “goodies.” (millions in grant $$). A few disturbing things to notice here. Just...Read More »
NY Times Movie Review on ‘Pervert Park’
May 23, 2016
There are no pleasant moments in “Pervert Park,” only wretched and thought-provoking ones. Whether you can make it through them is an open question. The title of this documentary...Read More »
Must Listen: Registrant Issue Discussed on Bill Mick Live
PA: WPXI Pittsburgh TARGET 11: Legislation to restrict where sex offenders can live in Pa. remains in limbo
Four years after a Target 11 investigation exposed the problem, investigative reporter Rick Earle found more than 20 registered sex offenders on the ...
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SC: Greenville News Issues arise with South Carolina sex offender registry
Victims of sexual assault and anyone else who monitors South Carolina's sex offender registry may be viewing false information, The Greenville News ...
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Interesting Forum
These comments may be from 2012, they are still very interesting the further you read down the different views.
Officer.com Forum
http://forums.officer.com/t198216/
Officer.com Forum
http://forums.officer.com/t198216/
Saturday, May 21, 2016
FL: Space Coast Live Talks about Sex Offender Laws
http://floridaactioncommittee.org/must-listen-registrant-issue-discussed-on-bill-mick-live/
Listen and email Bill Mick with your thanks for education 101 with sex offender law reform!
billmicklive@iheartmedia.com
Listen and email Bill Mick with your thanks for education 101 with sex offender law reform!
billmicklive@iheartmedia.com
Tuesday, May 17, 2016
IL: 5 child sex offenders sue, say many restrictions unconstitutional
The statutes at issue prohibit child sex offenders from being at "any facility providing programs or services" for people under the age of 18; "participating in a holiday event" where there are children under 18; being at any public park building or property or loitering on a public way within 500 feet of public parks; and loitering within 500 feet of a school building where there are people under 18.
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Advocate Websites Newly Discovered...
Helping Individuals with criminal records Reenter through Employment
The Legal Action Center is the only non-profit law and policy
organization in the United States whose sole mission is to fight
discrimination against people with histories of addiction, HIV/AIDS, or
criminal records, and to advocate for sound public policies in these
areas.
Situation Room: Should Sexual Offenders Get ‘Scarlet Letters’?
MTV staffers tackle the thorny question of what 'justice' means
Monday, May 16, 2016
Next up for sex offenders in Indonesia... Implanted Microchips - Florida Action Committee
Next up for sex offenders in Indonesia... Implanted Microchips - Florida Action Committee
OTSC Moderator note: Holy Canoli!! Are we (the world) creating a forerunner for the alleged prophesied Armageddon??
OTSC Moderator note: Holy Canoli!! Are we (the world) creating a forerunner for the alleged prophesied Armageddon??
Saturday, May 14, 2016
National: Raw Story Texas principal goes bonkers after Obama issues trans bathroom guidelines: 'He ain't my president'
... and was entrusted by parents to protect another 2,500 girls in the school system — although he conceded that few sex offenders were transgender.
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Thursday, May 12, 2016
Untouchable Movie
Untouchables Film Synopsis
When the most powerful lobbyist in Florida discovers that the nanny has sexually abused his daughter, he harnesses his extraordinary political power to pass the toughest sex offender laws in the nation. UNTOUCHABLE chronicles his crusade, and its impact on the lives of several of the 800,000 people forced to live under the kinds of laws he has championed. The film interweaves intimate portraits of men and women who have been branded sex offenders with the heartbreaking stories of those who have suffered sexual abuse. It is a film that pushes viewers toward an uncomfortable place, requiring them to walk in the shoes of those who have survived sexual abuse, but to still bear witness to the experiences of those we revile.
TX: Lawsuit fears force small Texas towns to drop sex offender laws
RHOME, Texas — At least 23 Texas towns have now repealed local sex offender ordinances after the threat of legal action forced many to strip their laws, or end up in court.
Earlier this year, the small Wise County town of Rhome repealed its ordinance.
Mayor Michelle Pittman says as a "general law" community of less than 5,000 people, they were informed by lawyers for Texas Voices for Justice and Reason they didn't have the power to have a local law on the books.
The threat of a lawsuit was too much.
"Any litigation has a financial impact,” she said. “Our big concern was whether we could bear that, being a small city.”
Parents like Jennifer Peek say they are equal parts stunned and angry to learn there is no longer an ordinance that prevents convicted offenders from living within 1,500 feet of a school or playground.
"I'm sorry that our concern isn’t more with the safety of our children, rather than the freedom of a sex offender," she said.
News 8 has been following the story for months, ever since the town of Alvarado in Johnson County hinted last year it may face a legal challenge over part of its ordinance.
In January, even more towns started to repeal their laws, while others decided to fight the lawsuits.
Attorney Richard Gladden, who filed on behalf of Texas Voices, says about two dozen towns have fully repealed local laws dictating everything from where sex offenders can live to if they need to post sex offender signs during holidays like Halloween.
The lawsuits cite a little-read 2007 legal opinion from then-Attorney General Greg Abbott, who wrote that general law towns “…may not adopt an ordinance restricting where a registered sex offender may live” because they don’t have constitutional authority to do so.
Home-rule cities — those with populations over 5,000 - aren't impacted.
In Eustice, Texas, about 60 miles southeast of Dallas, they have long discussed a local ordinance. But Mayor Elicia Sanders say they fear as a town of only 1,000, they, too, would be sued.
She says parents have voiced concerns, especially since James Cassels - convicted of sexually abusing a 5-year-old boy in Alaska - recently moved across the street from the local ISD campus.
"Small town kids are just as valuable and precious as big city kids,” Mayor Sanders said. “[Residents] don't understand why big city kids get safety zones and small town kids don't get 'em.”
She concedes that there have been no reported issues with Cassels since he relocated to town. His mother says he is trying to find a new place to live.
Josh Gravens, a criminal justice reform advocate who is also a registered sex offender, says residency restrictions continue to be problematic.
"Let's be real about what these ordinances are: they are about banishment," Gravens said. "They don't stem child sex abuse whatsoever."
He points out in some small towns, it's almost impossible for a registered sex offender to not be within 1,500 or 2,000 feet of a playground, school, or a church with a daycare.
"They would be breaking the law all of the time," Gravens said.
The issue actually caught the eye of lawmakers last session in Austin, but the bill died on the house floor.
Rep. Matt Krause says next year, lawmakers should finally address the issue. He has heard of colleagues eager to push for legislation, and says he may draft something himself.
"I had never thought about it," he said. "It's concerning, and the legislature needs to take a look at it."
In North Texas alone, towns like Hutchins, Alvarado, Justin, and Rhome have repealed ordinances. Others cities, like Krum, Argyle, and Westworth Village are fighting the lawsuits.
The governor's office declined to comment on the issue.
The lawsuits have no impact on restrictions imposed by the courts on where an offender may live as part of their probation or parole.
Read more
Earlier this year, the small Wise County town of Rhome repealed its ordinance.
Mayor Michelle Pittman says as a "general law" community of less than 5,000 people, they were informed by lawyers for Texas Voices for Justice and Reason they didn't have the power to have a local law on the books.
The threat of a lawsuit was too much.
"Any litigation has a financial impact,” she said. “Our big concern was whether we could bear that, being a small city.”
Parents like Jennifer Peek say they are equal parts stunned and angry to learn there is no longer an ordinance that prevents convicted offenders from living within 1,500 feet of a school or playground.
"I'm sorry that our concern isn’t more with the safety of our children, rather than the freedom of a sex offender," she said.
News 8 has been following the story for months, ever since the town of Alvarado in Johnson County hinted last year it may face a legal challenge over part of its ordinance.
In January, even more towns started to repeal their laws, while others decided to fight the lawsuits.
Attorney Richard Gladden, who filed on behalf of Texas Voices, says about two dozen towns have fully repealed local laws dictating everything from where sex offenders can live to if they need to post sex offender signs during holidays like Halloween.
The lawsuits cite a little-read 2007 legal opinion from then-Attorney General Greg Abbott, who wrote that general law towns “…may not adopt an ordinance restricting where a registered sex offender may live” because they don’t have constitutional authority to do so.
Home-rule cities — those with populations over 5,000 - aren't impacted.
In Eustice, Texas, about 60 miles southeast of Dallas, they have long discussed a local ordinance. But Mayor Elicia Sanders say they fear as a town of only 1,000, they, too, would be sued.
She says parents have voiced concerns, especially since James Cassels - convicted of sexually abusing a 5-year-old boy in Alaska - recently moved across the street from the local ISD campus.
"Small town kids are just as valuable and precious as big city kids,” Mayor Sanders said. “[Residents] don't understand why big city kids get safety zones and small town kids don't get 'em.”
She concedes that there have been no reported issues with Cassels since he relocated to town. His mother says he is trying to find a new place to live.
Josh Gravens, a criminal justice reform advocate who is also a registered sex offender, says residency restrictions continue to be problematic.
"Let's be real about what these ordinances are: they are about banishment," Gravens said. "They don't stem child sex abuse whatsoever."
He points out in some small towns, it's almost impossible for a registered sex offender to not be within 1,500 or 2,000 feet of a playground, school, or a church with a daycare.
"They would be breaking the law all of the time," Gravens said.
The issue actually caught the eye of lawmakers last session in Austin, but the bill died on the house floor.
Rep. Matt Krause says next year, lawmakers should finally address the issue. He has heard of colleagues eager to push for legislation, and says he may draft something himself.
"I had never thought about it," he said. "It's concerning, and the legislature needs to take a look at it."
In North Texas alone, towns like Hutchins, Alvarado, Justin, and Rhome have repealed ordinances. Others cities, like Krum, Argyle, and Westworth Village are fighting the lawsuits.
The governor's office declined to comment on the issue.
The lawsuits have no impact on restrictions imposed by the courts on where an offender may live as part of their probation or parole.
Read more
Letter: State Supreme Court made right decision to keep sex offender records public
Comments needed on this editorial link!
Go Ms. Zink! Criminal records should be kept consistently public. It is a form of accountability for both the convicted and the criminal justice system, and provides the public with information needed to make decisions regarding safety.
If it is objectionable that those records be public because it will put lower-level offenders at risk of social and employment mistreatment, then there are two issues. Either we need a fourth sex offender category which covers those people — who are ambiguously guilty or were minors when the crime occurred — or we have a flawed justice process that causes people to want to keep that information private as it is misleading. “All facts are friendly.”
Children are consistently vulnerable to sex offenders. We need to be firmly vigilant and keeping those records public. I applaud our state Supreme Court for making the right decision to keep those records public.
One other thought: The current scale used to rank sex offenses is confusing as it is opposite of the other scales used for misdemeanor to felony offenses. First degree is the lowest and third degree is the most egregious. It would be helpful to standardize those scales.
Shelly Hansen, W. Richland
Go Ms. Zink! Criminal records should be kept consistently public. It is a form of accountability for both the convicted and the criminal justice system, and provides the public with information needed to make decisions regarding safety.
If it is objectionable that those records be public because it will put lower-level offenders at risk of social and employment mistreatment, then there are two issues. Either we need a fourth sex offender category which covers those people — who are ambiguously guilty or were minors when the crime occurred — or we have a flawed justice process that causes people to want to keep that information private as it is misleading. “All facts are friendly.”
Children are consistently vulnerable to sex offenders. We need to be firmly vigilant and keeping those records public. I applaud our state Supreme Court for making the right decision to keep those records public.
One other thought: The current scale used to rank sex offenses is confusing as it is opposite of the other scales used for misdemeanor to felony offenses. First degree is the lowest and third degree is the most egregious. It would be helpful to standardize those scales.
Shelly Hansen, W. Richland
Alabama Passes a Bill to Regulate Abortion Clinics Like Sex Offenders
Alabama lawmakers passed two bills in the waning hours of their legislative session on Wednesday that could close two of the state's five abortion clinics and make it harder for women to receive abortions in their second trimester.
One of the bills prohibits abortion clinics from operating within 2,000 feet of an elementary or middle school—the same restriction that applies to sex offenders. If Alabama Gov. Robert Bentley signs the bill, it may force two of the state's five abortion clinics to close, including a clinic in Huntsville that is the only one providing abortion care in the northern half of Alabama. The clinic just moved to its current location, across the street from a school, in 2014, in order to comply with other abortion restrictions passed in Alabama in 2013.
The sponsor of the bill, Alabama state Sen. Paul Sanford, likened the restrictions to those imposed on sex offenders. "We can put a restriction on whether a liquor store opens up across the street and make sure pedophiles stay away from schools," he told the Times Daily in February. "I just think having an abortion clinic that close to elementary-age school children that actually have to walk on the sidewalk past it is not the best thing."
The second bill would ban a common second-trimester abortion procedure.
Throughout the day on Wednesday, Democrats tried to mount a filibuster in order to run out the clock on the legislative session before a vote could be brought on both bills. But Republicans gathered enough votes to move the legislation forward.
Democrats who opposed the bills voiced their concerns over the House's rushed proceedings. "You have no right to continue to cut out debate," Rep. Mary Moore said. "That's what the process is all about. That's what makes democracy different than dictatorships."
After Speaker of the House Mike Hubbard attempted to start a vote on one of the abortion bills, members of the House Black Caucus entered the chamber and began singing "We Shall Overcome." In response, Hubbard called security, saying members couldn't hear the floor vote.
"With two hours left in session, the Republican Caucus shut down debate and bent the rules to jam through this misguided legislation," said Nikema Williams, vice president of public policy at Planned Parenthood Southeast, in an emailed statement. "This legislation is bad for women and bad for Alabama. It goes to show how issues of racial justice and access to health care are interconnected and cannot be fought alone."
Read more
MS: No policies in place to address sex offenders in schools
Lawrence school district officials have a way to find out whether
registered sex offenders are enrolled at schools, but the district isn’t
sure whether it wants to know that information.
Though most crimes committed by juveniles are not public record, juveniles convicted of sexually violent crimes are required to be publicly listed on the Kansas Bureau of Investigation offender registry. For those 18 and older, all serious sex, violent and drug offenses are posted.
But because the district does not monitor the online database, a
registered sex offender attended Lawrence High School for nearly 18 months. Had the district been aware of his past crimes, state law would have required that all teachers and staff involved with the student be notified. The LHS student newspaper The Budget first reported two weeks ago that a registered sex offender had been attending the high school.
Following the student’s recent arrest for alleged sex crimes against a minor, district leaders aren’t sure how a similar situation would be dealt with in future. For the district to begin monitoring the offender registry would require a policy decision by the school board, said David Cunningham, director of human resources and legal services for the district. Cunningham said the possibility of regularly monitoring the offender registry is a broad issue that he thinks would require a lot of conversation.
“I don’t know what the board would want us to do or whether that would be something from a policy or legal perspective that would be appropriate,” said Cunningham, who is also a member of the board’s policy advisory committee. “It kind of depends on what is the goal? What do you want to accomplish once you have the information? What are you going to do with it? So, I would say that’s something that we have not discussed at this point.”
The student in question transferred from another school district three years after his conviction in another Kansas county. In 2011, when he was 13, he was convicted of two sex crimes against an 8-year-old girl: aggravated indecent liberties with a child and lewd and lascivious behavior. He began attending LHS in 2014, and earlier this year the now 18-year-old student was charged with similar crimes.
In February, the student was charged with one felony count of aggravated indecent liberties with a child under the age of 16. The two did not attend the same school, and the victim told officers that she and the student were dating but had only met a few times, according to the arrest affidavit. The victim said she was 14 and the student stated he “knew (the victim) from following her on Instagram and mutual friends,” according to the affidavit. The case is pending in Douglas County District Court.
Even serious sex, violent and drug offenders are entitled by law to an education. In Kansas, registered offenders can enroll in public school without schools receiving direct notification from state or local law enforcement. The responsibility of checking the offender registry is left up to schools, but there are no requirements that schools check the registry or policies regarding how registered offenders should be educated if schools are aware of their past crimes. School districts can make policies requiring the appropriate staff to monitor the registry, but the Lawrence school district does not have such a policy.
How student offenders are handled
Despite the right to an education, districts can take precautions if they realize a registered offender has enrolled. But without any laws or policies outlining how schools track or accommodate registered offenders, how the district would handle a similar situation in the future isn’t clear. School board member Shannon Kimball, a former attorney and member of the board’s policy advisory committee, said the implications of creating a policy to monitor the offender registry would have to be carefully considered.
“It’s a matter of balancing a student’s right to an education versus another student’s right to be safe in receiving their education,” Kimball said. “…What would we do with the information? Does that mean that every student that’s a registered sex offender we somehow have to isolate them from the rest of the population? I don’t know that that’s the right answer or an appropriate answer, but those are issues we’d have to think very carefully about.”
Potential policy changes are first considered by the board’s policy advisory committee, which is made up of Cunningham, Kimball and school board President Vanessa Sanburn. If after study the committee decides to recommend a change to district policy, the committee then submits the recommendation to the school board for final approval.
There are alternatives to educating registered offenders alongside other students. For instance, the district could decide to place the student in the district’s virtual school. Cunningham said that he thinks such decisions should be made case by case. Though he said he couldn’t discuss the specific situation from this year, generally speaking, Cunningham said that making a decision to educate students separately has to be balanced against their statutory and constitutional right to attend school.
“I don’t know that one should make generalized decisions based on (registered offender) status alone,” Cunningham said. “…You’ve got to balance everybody’s rights to some extent here. So, I don’t know that you can say that there’s an absolute rule or policy that ought to be in place related to this.”
Cunningham said the student in question began attending LHS in August 2014 and was a student at the school until February — the month he was charged with his most recent alleged crimes. As a registered sex offender, the details of his past convictions are listed on the offender registry, along with his home address and the address of LHS.
Both adult and juvenile offenders are required to register the address of any school they attend; however, state law does not require state or local law enforcement agencies to notify a school district when a registered offender provides a school address.
State laws and board policies
Other states and school districts have more directly addressed how registered offenders who enroll in public schools are handled. While no school can bar students because of their criminal history, some have firmer policies or practices in place regarding how they are educated.
In Missouri, districts typically choose to educate students who are registered sex offenders separately, said Kelli Hopkins of the Missouri School Board Association. The MSBA has a policy based on state law that states those convicted of a sex offense involving a minor are banned from school campuses, though the rule doesn’t apply to “a student entitled by law to be on district property for educational services if the student's presence is necessary to obtain those services.” Hopkins said that what ends up happening is that most students who have committed such crimes are not educated alongside others.
“In practice, what really happens is if you’ve got a child who is on the sex offender list, they’re going to find a way to educate that child at an alternative setting,” Hopkins said. “Some districts have alternative schools, some will do it via home school, some will have a private tutor meet them at the public library, other locations.”
On the other hand, Nebraska does not have specific procedures in place, according to Jim Luebbe, director of policy services for the Nebraska Association of School Boards. Luebbe said that he is not aware of any specific instances of known juvenile sex offenders moving from one district to another, or how the local enforcement officials would handle such a situation.
“I don’t know how well the sex offender notification process is working in Nebraska or whether there is any special procedure in place if the offender is a juvenile still attending school,” Luebbe said via email.
In Kansas, while state law — the School Safety and Security Act — does not require districts to monitor the offender registry, it does mandate certain actions when a school employee finds out a student has been convicted of a felony other than felony theft. The employee is required to inform the school superintendent, who must then provide the reported information and identify the student to all school employees who are directly involved in teaching or providing other school related services to the student. But in order for the act to apply, a school employee must first be aware of a student’s crimes.
In contrast to the Lawrence school district, the administrators with the Baldwin City district do “periodically check” the offender registry, according to Superintendent Paul Dorathy. Dorathy said via email that Baldwin doesn’t currently have any registered offenders enrolled in its schools, but that the district does have a policy based on the School Safety and Security Act that would require the appropriate administrators and teaching staff to be informed if a student was a registered offender.
The Eudora school district does not have a policy or procedure that involves having a district employee check the offender registry, according to Kristin Magette, director of communications. Magette said that information could be provided by a School Resource Officer, and that a student who is a sex offender would not be excluded because of that status.
“In the case of a sex offender in our schools, we would focus on training for staff and ensuring adequate enforcement of a restraining order,” Magette said via email.
Checking the offender registry
State law requires the department of education to notify schools of the online offender registry “for the purpose of locating offenders who reside near such school.” The department sends an email twice per year that informs all schools that the online database provides information about registered offenders, according to Denise Kahler, director of communications for the Kansas State Department of Education. Kahler said there are no laws or policies requiring districts or schools to check the offender registry.
“Schools may inquire and may have policies to inquire about students’ placement on an offender registry but there are no laws or requirements for such a policy,” Kahler said in an email.
Even though the Lawrence district does not have a policy requiring that the offender registry be checked, someone at LHS eventually became aware that the student was a registered offender. Cunningham said he was told someone who worked at LHS notified administration after he or she saw a news article and “drew a connection.” Cunningham said he did not know whether that notification occurred before of after the student’s most recent arrest in February.
“I don’t know at what point in time they became aware of it and then at what point in time they made administration aware of the situation,” Cunningham said. “So, a number of things occurred there with various people, but I don’t have specific knowledge of who or when.”
The student was arrested in February, which Cunningham said was the same month he stopped attending LHS. Once district and school administration were made aware that the student was a registered sex offender — whenever that may have been — Cunningham said he could not say whether a decision was made about whether the student would continue to be enrolled in regular classes at LHS.
“To the extent that we might have had conversations around his status as a student, that would all be confidential because it would be a student matter,” he said.
Potential policy changes
The Lawrence district has about 5,700 students who attend its six secondary schools; however, that does not mean that district staff would have to check the names of all those students against the online database in order to identify registered offenders.
On the KBI website, it is possible to create a “community notification” for certain addresses. If such a notification were created using the addresses of the district’s six secondary schools, an email notification would be sent when anyone was registered within a certain radius of the school. Such a notification would certainly include an offender who was required to register a school address — such as the student in question — and would narrow the list from hundreds to dozens.
KBI spokesman Mark Malick confirmed that creating a community notification would cause a notification to be sent within five days of the receipt of an addition or update to an offender’s registry information. A Journal-World search of the registry for the six secondary school addresses did not indicate additional registered offenders who are students in the district at this time.
If the Lawrence school district were to create a policy regarding checking the registry or how to handle registered offenders who enroll, it would first be discussed in the school board’s policy advisory committee. The committee then makes a recommendation to the board, which makes the ultimate decision.
Kimball said she thinks the board policy committee needs to have “a deeper policy discussion” about the topic. Though she said she didn’t think there were necessarily negatives to checking the registry, Kimball said the district would have to determine logistical details, such as how often it was checked and how it would interact with the notification requirements of the School Safety and Security Act.
“Given that there’s that vehicle (the offender registry) available, then I think we have to discuss how do those two things work together, and I think there does need to be some discussion about that from a board policy perspective,” Kimball said. “…(The act) does not place an affirmative duty on the school district to go out and try to investigate these things, so that’s an interesting question: how all of these things are meant to — or maybe unintentionally — affect each other.”
Kimball said that once the policy committee completes its recommendation regarding the discrimination and harassment policy in mid-May, she thinks considering the issue of student offenders will be the next priority.
“I do think we need to have some detailed discussions in the policy committee and have a better understanding of what’s going on before we can really make a good, solid policy recommendation,” Kimball said. “But I would anticipate that we would be doing that.”
District spokeswoman Julie Boyle echoed Kimball's sentiment Friday afternoon.
"We will take a look at whether revisions to policy and/or adjustments in current practice are needed to glean more information about any prior criminal history of students entering our schools," Boyle said via email.
Though most crimes committed by juveniles are not public record, juveniles convicted of sexually violent crimes are required to be publicly listed on the Kansas Bureau of Investigation offender registry. For those 18 and older, all serious sex, violent and drug offenses are posted.
But because the district does not monitor the online database, a
registered sex offender attended Lawrence High School for nearly 18 months. Had the district been aware of his past crimes, state law would have required that all teachers and staff involved with the student be notified. The LHS student newspaper The Budget first reported two weeks ago that a registered sex offender had been attending the high school.
Following the student’s recent arrest for alleged sex crimes against a minor, district leaders aren’t sure how a similar situation would be dealt with in future. For the district to begin monitoring the offender registry would require a policy decision by the school board, said David Cunningham, director of human resources and legal services for the district. Cunningham said the possibility of regularly monitoring the offender registry is a broad issue that he thinks would require a lot of conversation.
“I don’t know what the board would want us to do or whether that would be something from a policy or legal perspective that would be appropriate,” said Cunningham, who is also a member of the board’s policy advisory committee. “It kind of depends on what is the goal? What do you want to accomplish once you have the information? What are you going to do with it? So, I would say that’s something that we have not discussed at this point.”
The student in question transferred from another school district three years after his conviction in another Kansas county. In 2011, when he was 13, he was convicted of two sex crimes against an 8-year-old girl: aggravated indecent liberties with a child and lewd and lascivious behavior. He began attending LHS in 2014, and earlier this year the now 18-year-old student was charged with similar crimes.
In February, the student was charged with one felony count of aggravated indecent liberties with a child under the age of 16. The two did not attend the same school, and the victim told officers that she and the student were dating but had only met a few times, according to the arrest affidavit. The victim said she was 14 and the student stated he “knew (the victim) from following her on Instagram and mutual friends,” according to the affidavit. The case is pending in Douglas County District Court.
Even serious sex, violent and drug offenders are entitled by law to an education. In Kansas, registered offenders can enroll in public school without schools receiving direct notification from state or local law enforcement. The responsibility of checking the offender registry is left up to schools, but there are no requirements that schools check the registry or policies regarding how registered offenders should be educated if schools are aware of their past crimes. School districts can make policies requiring the appropriate staff to monitor the registry, but the Lawrence school district does not have such a policy.
How student offenders are handled
Despite the right to an education, districts can take precautions if they realize a registered offender has enrolled. But without any laws or policies outlining how schools track or accommodate registered offenders, how the district would handle a similar situation in the future isn’t clear. School board member Shannon Kimball, a former attorney and member of the board’s policy advisory committee, said the implications of creating a policy to monitor the offender registry would have to be carefully considered.
“It’s a matter of balancing a student’s right to an education versus another student’s right to be safe in receiving their education,” Kimball said. “…What would we do with the information? Does that mean that every student that’s a registered sex offender we somehow have to isolate them from the rest of the population? I don’t know that that’s the right answer or an appropriate answer, but those are issues we’d have to think very carefully about.”
Potential policy changes are first considered by the board’s policy advisory committee, which is made up of Cunningham, Kimball and school board President Vanessa Sanburn. If after study the committee decides to recommend a change to district policy, the committee then submits the recommendation to the school board for final approval.
There are alternatives to educating registered offenders alongside other students. For instance, the district could decide to place the student in the district’s virtual school. Cunningham said that he thinks such decisions should be made case by case. Though he said he couldn’t discuss the specific situation from this year, generally speaking, Cunningham said that making a decision to educate students separately has to be balanced against their statutory and constitutional right to attend school.
“I don’t know that one should make generalized decisions based on (registered offender) status alone,” Cunningham said. “…You’ve got to balance everybody’s rights to some extent here. So, I don’t know that you can say that there’s an absolute rule or policy that ought to be in place related to this.”
Cunningham said the student in question began attending LHS in August 2014 and was a student at the school until February — the month he was charged with his most recent alleged crimes. As a registered sex offender, the details of his past convictions are listed on the offender registry, along with his home address and the address of LHS.
Both adult and juvenile offenders are required to register the address of any school they attend; however, state law does not require state or local law enforcement agencies to notify a school district when a registered offender provides a school address.
State laws and board policies
Other states and school districts have more directly addressed how registered offenders who enroll in public schools are handled. While no school can bar students because of their criminal history, some have firmer policies or practices in place regarding how they are educated.
In Missouri, districts typically choose to educate students who are registered sex offenders separately, said Kelli Hopkins of the Missouri School Board Association. The MSBA has a policy based on state law that states those convicted of a sex offense involving a minor are banned from school campuses, though the rule doesn’t apply to “a student entitled by law to be on district property for educational services if the student's presence is necessary to obtain those services.” Hopkins said that what ends up happening is that most students who have committed such crimes are not educated alongside others.
“In practice, what really happens is if you’ve got a child who is on the sex offender list, they’re going to find a way to educate that child at an alternative setting,” Hopkins said. “Some districts have alternative schools, some will do it via home school, some will have a private tutor meet them at the public library, other locations.”
On the other hand, Nebraska does not have specific procedures in place, according to Jim Luebbe, director of policy services for the Nebraska Association of School Boards. Luebbe said that he is not aware of any specific instances of known juvenile sex offenders moving from one district to another, or how the local enforcement officials would handle such a situation.
“I don’t know how well the sex offender notification process is working in Nebraska or whether there is any special procedure in place if the offender is a juvenile still attending school,” Luebbe said via email.
In Kansas, while state law — the School Safety and Security Act — does not require districts to monitor the offender registry, it does mandate certain actions when a school employee finds out a student has been convicted of a felony other than felony theft. The employee is required to inform the school superintendent, who must then provide the reported information and identify the student to all school employees who are directly involved in teaching or providing other school related services to the student. But in order for the act to apply, a school employee must first be aware of a student’s crimes.
In contrast to the Lawrence school district, the administrators with the Baldwin City district do “periodically check” the offender registry, according to Superintendent Paul Dorathy. Dorathy said via email that Baldwin doesn’t currently have any registered offenders enrolled in its schools, but that the district does have a policy based on the School Safety and Security Act that would require the appropriate administrators and teaching staff to be informed if a student was a registered offender.
The Eudora school district does not have a policy or procedure that involves having a district employee check the offender registry, according to Kristin Magette, director of communications. Magette said that information could be provided by a School Resource Officer, and that a student who is a sex offender would not be excluded because of that status.
“In the case of a sex offender in our schools, we would focus on training for staff and ensuring adequate enforcement of a restraining order,” Magette said via email.
Checking the offender registry
State law requires the department of education to notify schools of the online offender registry “for the purpose of locating offenders who reside near such school.” The department sends an email twice per year that informs all schools that the online database provides information about registered offenders, according to Denise Kahler, director of communications for the Kansas State Department of Education. Kahler said there are no laws or policies requiring districts or schools to check the offender registry.
“Schools may inquire and may have policies to inquire about students’ placement on an offender registry but there are no laws or requirements for such a policy,” Kahler said in an email.
Even though the Lawrence district does not have a policy requiring that the offender registry be checked, someone at LHS eventually became aware that the student was a registered offender. Cunningham said he was told someone who worked at LHS notified administration after he or she saw a news article and “drew a connection.” Cunningham said he did not know whether that notification occurred before of after the student’s most recent arrest in February.
“I don’t know at what point in time they became aware of it and then at what point in time they made administration aware of the situation,” Cunningham said. “So, a number of things occurred there with various people, but I don’t have specific knowledge of who or when.”
The student was arrested in February, which Cunningham said was the same month he stopped attending LHS. Once district and school administration were made aware that the student was a registered sex offender — whenever that may have been — Cunningham said he could not say whether a decision was made about whether the student would continue to be enrolled in regular classes at LHS.
“To the extent that we might have had conversations around his status as a student, that would all be confidential because it would be a student matter,” he said.
Potential policy changes
The Lawrence district has about 5,700 students who attend its six secondary schools; however, that does not mean that district staff would have to check the names of all those students against the online database in order to identify registered offenders.
On the KBI website, it is possible to create a “community notification” for certain addresses. If such a notification were created using the addresses of the district’s six secondary schools, an email notification would be sent when anyone was registered within a certain radius of the school. Such a notification would certainly include an offender who was required to register a school address — such as the student in question — and would narrow the list from hundreds to dozens.
KBI spokesman Mark Malick confirmed that creating a community notification would cause a notification to be sent within five days of the receipt of an addition or update to an offender’s registry information. A Journal-World search of the registry for the six secondary school addresses did not indicate additional registered offenders who are students in the district at this time.
If the Lawrence school district were to create a policy regarding checking the registry or how to handle registered offenders who enroll, it would first be discussed in the school board’s policy advisory committee. The committee then makes a recommendation to the board, which makes the ultimate decision.
Kimball said she thinks the board policy committee needs to have “a deeper policy discussion” about the topic. Though she said she didn’t think there were necessarily negatives to checking the registry, Kimball said the district would have to determine logistical details, such as how often it was checked and how it would interact with the notification requirements of the School Safety and Security Act.
“Given that there’s that vehicle (the offender registry) available, then I think we have to discuss how do those two things work together, and I think there does need to be some discussion about that from a board policy perspective,” Kimball said. “…(The act) does not place an affirmative duty on the school district to go out and try to investigate these things, so that’s an interesting question: how all of these things are meant to — or maybe unintentionally — affect each other.”
Kimball said that once the policy committee completes its recommendation regarding the discrimination and harassment policy in mid-May, she thinks considering the issue of student offenders will be the next priority.
“I do think we need to have some detailed discussions in the policy committee and have a better understanding of what’s going on before we can really make a good, solid policy recommendation,” Kimball said. “But I would anticipate that we would be doing that.”
District spokeswoman Julie Boyle echoed Kimball's sentiment Friday afternoon.
"We will take a look at whether revisions to policy and/or adjustments in current practice are needed to glean more information about any prior criminal history of students entering our schools," Boyle said via email.
Tuesday, May 10, 2016
Saturday, May 7, 2016
Derek Logue on Dr. Drew to Discuss Teen Prank Turned Sex Crime - Florida Action Committee
Derek Logue on Dr. Drew to Discuss Teen Prank Turned Sex Crime - Florida Action Committee
On Wednesday, Derek Logue was a guest on the Dr. Drew show to talk about a teen prank turned sex crime. Not one minute into speaking, another guest (a Judge) verbally started attacking him without giving him an opportunity to make his point. If anything, it’s an illustration of the blind hatred and prejudice that permeates society.
We think you did a good job, Derek, and made solid points.
Also, leave Dr. Drew a comment and tell him what you think about the show. http://drdrew.com/contact/
On Wednesday, Derek Logue was a guest on the Dr. Drew show to talk about a teen prank turned sex crime. Not one minute into speaking, another guest (a Judge) verbally started attacking him without giving him an opportunity to make his point. If anything, it’s an illustration of the blind hatred and prejudice that permeates society.
We think you did a good job, Derek, and made solid points.
Also, leave Dr. Drew a comment and tell him what you think about the show. http://drdrew.com/contact/
Friday, May 6, 2016
“Untouchable” Documentary Interview w/ Director David Feige and Editor Jay Sterrenberg
Helen, Highly Alarmed by the Shocking Revelations in “Untouchable,” Interviews the Documentary Director and Editor.
Ricocheting from the halls of power to the cardboard homes of a marginalized pariah people, “Untouchable” is an enlightening documentary that defies expectations and challenges assumptions to argue for a new understanding of how we think about and legislate sexual abuse.
READ MORE
interesting article: Is There More To The Adam Walsh Story?
"After shaking out what police and the medical examiners, and yes, the
Walsh family, and the news media have put out about this case, there is
only one takeaway that remains true: Adam Walsh disappeared. Everything
else you think you know about this case is either absolutely untrue or
is so unlikely that it’s essentially untrue."
Read More
Read More
Thursday, May 5, 2016
FL: Focus group seeks effective communication about sexual abuse
FORT MYERS, Fla. – Researchers are conducting focus groups to study the best communication methods between parents and their children on the subject of child sexual abuse.
The researchers have focus groups on Wednesday May 4 in east Lee County, and on May 5 in North Fort Myers. If you would like to participate or get more information, please contact: Prof. Katy Allen by email at katyallen@rochester.rr.com.
The participants will view videos and give feedback on the effectiveness of the messages in communicating with children about the threat of sexual abuse. Participants remain confidential.
Wednesday, May 4, 2016
Webinar: Responding to the Second Chance Act Smart Reentry Solicitation
Register for webinar at 2:00 today. Please join at least 10 minutes before the starting time so that you don't miss valuable information.
To learn about funding opportunities, upcoming events, and more, subscribe to CSG Justice Center newsletters and announcements.
Topic: Responding to the Second Chance Act Smart Reentry Solicitation
Host: Jan De la Cruz
Date and Time:
Wednesday, May 4, 2016 2:00 pm, Eastern Daylight Time (New York, GMT-04:00)
Event number: 642 758 023
Event password: (contact Jan De la Cruz for PW)
Registration ID: This event does not require an enrollment ID
-------------------------------------------------------
To join the online event
-------------------------------------------------------
1. Click here to join the online event.
Or copy and paste the following link to a browser:
https://justicecenter.webex.com/justicecenter/onstage/g.php?MTID=e34f8d34f515a41fbb00495d6230b8b45
2. Click "Join Now".
To view in other time zones or languages, please click the link:
https://justicecenter.webex.com/justicecenter/onstage/g.php?MTID=e114b591d484f476e8ff5c7174086140e
-------------------------------------------------------
To join the audio conference only
-------------------------------------------------------
Call-in toll-free number (US/Canada): 1-877-668-4493
Call-in toll number (US/Canada): 1-650-479-3208
Toll-free dialing restrictions: https://www.webex.com/pdf/tollfree_restrictions.pdf
Access code: 642 758 023
-------------------------------------------------------
For assistance
-------------------------------------------------------
You can contact Jan De la Cruz at:
jdelacruz@csg.org
To learn about funding opportunities, upcoming events, and more, subscribe to CSG Justice Center newsletters and announcements.
Topic: Responding to the Second Chance Act Smart Reentry Solicitation
Host: Jan De la Cruz
Date and Time:
Wednesday, May 4, 2016 2:00 pm, Eastern Daylight Time (New York, GMT-04:00)
Event number: 642 758 023
Event password: (contact Jan De la Cruz for PW)
Registration ID: This event does not require an enrollment ID
-------------------------------------------------------
To join the online event
-------------------------------------------------------
1. Click here to join the online event.
Or copy and paste the following link to a browser:
https://justicecenter.webex.com/justicecenter/onstage/g.php?MTID=e34f8d34f515a41fbb00495d6230b8b45
2. Click "Join Now".
To view in other time zones or languages, please click the link:
https://justicecenter.webex.com/justicecenter/onstage/g.php?MTID=e114b591d484f476e8ff5c7174086140e
-------------------------------------------------------
To join the audio conference only
-------------------------------------------------------
Call-in toll-free number (US/Canada): 1-877-668-4493
Call-in toll number (US/Canada): 1-650-479-3208
Toll-free dialing restrictions: https://www.webex.com/pdf/tollfree_restrictions.pdf
Access code: 642 758 023
-------------------------------------------------------
For assistance
-------------------------------------------------------
You can contact Jan De la Cruz at:
jdelacruz@csg.org
AL: Dothan Police Department checking on sex offenders monthly
The Dothan Police Department has a specific program for checking on registered sex offenders.
Dothan Police Officer Jeb Howell says they check them more than the four times a year the state requires.
"I would say at least around 120 of our parole officers have a specific
offender that they're assigned to that we check on a monthly basis,"
said Howell.
During the monthly visits officers go offenders homes.
Howell says they check the offenders for a number of issues.
"They always have to have their license on them and it will say
criminal sex offender; irregular behavior; if they're employed we want
to make sure they're not going to be in an area around children," said
Howell.
Howell says there a number of things sex offenders can get in trouble for.
"If we can't make contact with them per month, if they've changed place
of employment, residency, things of that nature, if we don't
automatically get that on our first visit as a patrol officer, an
investigator will get up with them," said Howell,
Howell says from his experience offenders tend to keep to themselves.
"For the most part, it seems like it puts people in a spot where their
employment opportunities are obviously hindered," said Howell. "Most of
them are single, they don't have any family and if they do they are kind
of cut off from them. "
Howell says it's still very important to make sure they are obeying the law.
"We check for anything out of the ordinary that might indicate that
they are reverting back to what got them in trouble in the first place,"
said Howell.
Florida Action Committee Recent Posts
Jacksonville passes Bill to amend Sex Offender Ordinance
May 4, 2016
Jacksonville Bill 2016-233 was passed. The bill modifies language in their sexual offender statute to be more specific. The change comes in response to a lawsuit that the...Read More »
Hillsborough County to hear Comments on SORR – June 2nd
May 4, 2016
The Hillsborough County Commission will hear public comments on their proposed Sex Offender Residency Restriction on Thursday, June 2, 2016. FAC will be organizing a group to...Read More »
Seminole County Lawsuit Update
May 3, 2016
The Magistrate Judge has ruled that the plaintiffs cannot proceed anonymously. In the overwhelming (and we do mean overwhelming) majority of cases that are brought by registered...Read More »
Sex-offender list offers more harm than protection
May 3, 2016
I was recently on one of the city Facebook pages and noticed a posting that someone had discovered they have a registered sex offender in their neighborhood. What I found...Read More »
Illinois proximity ordinance challenged
May 3, 2016
The State of Illinois is among the latest to see their “proximity ordinance” challenged. A lawsuit was filed on behalf of six registered citizens in federal court...Read More »
Tuesday, May 3, 2016
PA: Child Porn Suspect Held in Solitary for 7 Months for Not Decrypting Hard Drives
By William Turton
Former Philadelphia Police Sergeant Francis Rawls has spent the past seven months in solitary confinement without charges because passwords he entered for investigators failed to decrypt hard drives seized in connection with a child porn investigation.
For failure to cooperate with the investigation, Rawls has been locked up. He spends 22 and a half hours a day in his cell. If he gets a visitor, there must always be a barrier between them. He gets just one fifteen minute phone call a month.
Rawls is suspected of possessing child pornography but, in an appeal filed in federal court yesterday, his defense outlines why he should be released. Referred to as John Doe in the court documents, Rawls has a clean record and doesn’t know the passwords prosecutors are looking for, the defense argues. He also doesn’t have to unlock his computer because of his fifth amendment right not to incriminate himself.
MORE:
http://gizmodo.com/child-porn-
Former Philadelphia Police Sergeant Francis Rawls has spent the past seven months in solitary confinement without charges because passwords he entered for investigators failed to decrypt hard drives seized in connection with a child porn investigation.
For failure to cooperate with the investigation, Rawls has been locked up. He spends 22 and a half hours a day in his cell. If he gets a visitor, there must always be a barrier between them. He gets just one fifteen minute phone call a month.
Rawls is suspected of possessing child pornography but, in an appeal filed in federal court yesterday, his defense outlines why he should be released. Referred to as John Doe in the court documents, Rawls has a clean record and doesn’t know the passwords prosecutors are looking for, the defense argues. He also doesn’t have to unlock his computer because of his fifth amendment right not to incriminate himself.
MORE:
http://gizmodo.com/child-porn-
TX: Convicted sex offender pleads guilty in ID theft case
Convicted sex offender pleads guilty in ID theft case: WICHITA, Kan. (AP) — A decades-long ordeal ruined a Texas man, but his life might start to get better now that the convicted sex offender in Kansas who stole his identity has pleaded guilty to misusing a Social Security number.
Key word here: Ruined a man
Key word here: Ruined a man
Ex-49er Stubblefield denies sexually assaulting woman
SAN JOSE, Calif. (AP) — A former San Francisco 49er defensive lineman
charged with raping a developmentally delayed woman denied the charges
Tuesday, saying the episode was a consensual encounter with a mentally
competent woman who asked for money and a job afterward.
Sexual Abuse: A Journal of Research and Treatment: Q & A with Elizabeth Jeglic on “The Role of Psych...
Sexual Abuse: A Journal of Research and Treatment: Q & A with Elizabeth Jeglic on “The Role of Psych...: Walton, A., Jeglic, E. L., & Blasko, B. L. (2016) . The Role of Psychopathic Traits in the Development of the Therapeutic Alliance A...
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