Sunday, February 27, 2011

Colorado may skip offer of federal grant and stick with own sex-offender standards

Colorado may skip offer of federal grant and stick with own sex-offender standards
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Smashed Frog: FL AG Bondi Dogs Civil Rights Restoration for Ex-F...

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eAdvocate - Bills in Congress: eAdvocate UPDATE: Finding the Constitutional Autho...: "2-17-2011 National: The Thomas website has added a new section to each individual bill 'Constitutional Authority Statement.' Below are the ..."
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Routt Co. issues warrant for sex offender | PostIndependent.com


Interesting portion of this article:

"The Pilot & Today also reported that, according to Noel's attorney, he was given the Sexually Violent Predator status because he failed to register as a sex offender in Oregon after his release from prison. A sexually violent predator is the most severe classification given to a sex offender."

I wonder if the courts can give a murderer, child abuser or drug dealer a higher status for not registering. Ohh, I'm sorry I forgot they don't have to.
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Midland youth will be tried as adult in sexual assualt case

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Colorado may skip offer of federal grant and stick with own sex-offender standards

Original Article: http://www.denverpost.com/news/ci_17493514
 
A lack of cash and some philosophical objections have so far kept Colorado law enforcement agencies from implementing federal rules that would require more criminals to register as sex offenders for longer periods of time.

Complying with the rules contained in the federal Adam Walsh Act by July 1 would bring Colorado close to $500,000 in federal grant money.

But opponents argue that it will cost far more than that federal grant amount to comply with the rules.

A national chorus of state government groups and research institutions has raised concerns about the way the federal law treats juvenile offenders, potential constitutional conflicts and data showing sex-offender registration doesn't prevent repeat offenders.
Among the skeptics is Laurie Kepros, who oversees sexual offenses for the state public defender office.

"It's just not going to be cost-effective, and does it do us any good in terms of public safety?" Kepros said.

In December, Colorado got notice that its current system for handling sex offenders is far from being in line with what federal authorities want.

"Now we don't know what to do," she said.

Congress passed the Adam Walsh Act in 2006 in an attempt to organize hundreds of sex-offense statutes in 50 states into three uniform categories that indicate the crimes' severity.

The legislation establishes registration and reporting standards for those categories — in many cases more stringent than state requirements — and compels local law enforcement to do more to communicate with other jurisdictions when offenders are on the move.

Colorado's Sex Offender Management Board in 2008 advised against compliance with the federal law, but nonetheless acknowledged the benefits of a single, unified reporting and tracking system.

"The Adam Walsh Act will . . . ensure that law enforcement has access to the same information across the United States, helping prevent sex offenders from evading detection by moving from state to state," the panel wrote.

Only four states have complied

Though the federal government has pushed for five years for states to tighten reporting requirements, so far only four have complied: Ohio, South Dakota, Florida and Delaware.
Crimes where Coloradans can now petition to be removed from the registry after five years — like misdemeanor indecent exposure — would remain listed for at least 10 years.

Those convicted of unlawful sexual contact with a child younger than 15 would spend a minimum of 25 years registering as a sex offender instead of a 10-year minimum with good behavior, as state law now reads.

And new crimes like criminal invasion of privacy and kidnapping or false imprisonment of someone younger than 18 would become registerable offenses, even though Colorado prosecutors frequently file those charges in instances where no sex offense has occurred.

One of the changes that has met with the greatest resistance is the way the federal law handles juvenile offenders.

Teens would stay on registry

Adolescents who commit sex crimes now can petition their way off the registry with good behavior and successful counseling. The Walsh Act would do away with that Colorado rule.

The Association for the Treatment of Sexual Abusers said keeping teens on the registry could prevent them from living at home with a support system that can help them recover.

"There will likely be an emergent housing crisis for youth on registries," the association predicted in a 2007 report.

Failing to comply would mean Colorado would lose 10 percent of a federal grant — around $450,000 — that funds victim-assistance and court-improvement programs each year.

The Sex Offender Management Board estimated in 2008 that a police department for a mid-size city could spend half of that adding new technology and hiring staff to enforce the federal changes.

"Certainly, it makes a great deal of sense for there to be a national registry of some kind. Is doing something with the amount of detail in it that the Adam Walsh Act has necessary for the national registry? That's a whole other question," said Jeanne Smith, director of the state Public Safety Department's sex-offender division.

Colorado authorities would have to scan an offender's palm print, keep track of his or her international travel or temporary lodging and start collecting DNA from misdemeanor arrestees.

Updates to the registry would have to be faster and more frequent.
Police would have to find a way to send out blast notifications to the public when that information changes and more quickly upload data to national databases.

Many requirements retroactive
The federal law also requires authorities to publish not only the home address of registered offenders, but the work and school addresses as well. And many of the new requirements would apply retroactively.

Erin Jemison leads the Colorado Coalition Against Sexual Assault. She realizes there are gaps in the way the state manages sex offenders, but said officials are working locally to solve those problems.

"There's a pretty wide consensus even among victims folks that the ways we are already complying are satisfactory," Jemison said. "I think it's good that people here are being critical and we're not jumping through hoops to make our laws even less consistent."
Jessica Fender: 303-954-1244 or jfender@denverpost.com
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om Outraged Over 13-Year-Old's Molestation Charge

Tony Thomas reports
linkemail

Clayton Mother Outraged Over Molestation Charges

Tony Thomas reports
Posted: 7:39 am EST February 19, 2011Updated: 7:48 am EST February 19, 2011
JONESBORO, Ga. --  
 
A Clayton County mother says local police went too far in charging her 13-year-old son and three friends with aggravated child molestation."I am appalled by that," said the mother, only identified as Yolanda.
 
The four admitted to going behind a vacant house where a girl preformed consensual oral sex on them. According to the arrest warrant, obtained by Channel 2’s Tony Thomas, the arresting officer discovered the group when the girl was “adjusting her clothing.”
 
"Who is the victim?” asked Yolanda’s mother.
 
Yolanda said it was hours before she found out where her son was, and that was because she filed a missing persons report. She said the next time she saw him, he was in adult court. A judge set a $10,000 bond and the teen was sent to the regional youth detention center until the family came up with the money.
 
A former metro Atlanta prosecutor told Thomas the charges were legal under the state's Seven Deadly Sins laws -- but rarely followed through on."My biggest concern is the charge being on their record. 
 
The records are sealed. 
 
Yeah, that's what you say," Yolanda told Thomas.
 
Her doubts were confirmed after Thomas easily found the names, charges and court dates for all four juveniles listed on the county's court website Friday night.
 
A Clayton County police spokesperson said they will not comment about the case. The child’s mother said her son was just doing what children do.
 
"They are children. Children explore the world by hands-on," she said.
 
The 13-year-old has entered a plea in juvenile court to sodomy and public indecency. He will have to undergo counseling and serve one year of probation. 
 
Copyright 2011 by WSBTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Low-level Sex Offenders Close to Deregistering

Low-level Sex Offenders Close to Deregistering
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http://en.wikipedia.org/wiki/Miracle_Park_(community)

Yesterday, I visited Miracle Park and I have to say what a great answer for the sex offender's  issue of their daily horror and fight that strips them of civil rights and second chance even low-risk, non-violent sex offenders and leaves them homeless. Here, a sex offender can find some kind hope; a peace from a ruthless society that condemns, loathes, harasses and considers them some kind of leper; a scum of the earth shall we say.


No matter how a sex offender strives to become that better person so that society will then see them in a different light, it will never happen. They have hope that others might even see them as a human being so they can be given that 'second chance' . Society doesn't know or even consider the truth. So please, don't rally around like some vicious mob that wants to find some kind other reason to condemn/hate others. Find out the truth. If you don't know the truth and need enlightenment, I'm sure John who served 3 years in prison for peeing in public and is on the registry for life, or 17 year old Fred for have sex with his 16 year old girlfriend also on the life registry, or little Josh 11 years old arrested for a sexual offense and is on the sexual registry. All will gladly like to tell you. Unfortunately I don't have to give anyone those address since you can just easily find them yourself on a worldwide registry.

But unfortunately, the one question that really has me sadly perplexed, and will likely never be answered, is what pathetic level has our society come down to? Why are people living as outcasts with no rights? Something is seriously wrong with that!

One should know the truth to this insanity, but do they even what to be informed of the actual truth through their own hysteria? 

But, if you are one who has an open mind or already is aware of the sex offenders issue and compassion is grounded, donations to keep 'Miracle Park' successful are welcomed. Email me and I will gladly give you a contact number or email.
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Thursday, February 24, 2011

Legislation Currently in Committee SB 846

http://www.flsenate.gov/Session/Bill/2011/846

It is important we are aware of what is being moved though senate committee. Check out the changes in the language of this bill. Notice what is crossed to will be changed to what is underlined. These changes will further remove our rights to now even view material.

Senate 846: Prevention of Child Exploitation

Tracking This Bill


GENERAL BILL by Benacquisto

Prevention of Child Exploitation; Prohibits controlling or intentionally viewing any photograph, motion picture, exhibition, show, representation of an image, data, computer depiction, or other presentation that includes sexual conduct by a child. Provides penalties. Conforms provisions of the offense severity ranking chart of the Criminal Punishment Code to changes made by the act, etc.

EFFECTIVE DATE: October 1, 2011


http://www.flsenate.gov/Session/Bill/2011/844

Senate 844: Violations/Probation/Community Control/Widman Act

Tracking This Bill


GENERAL BILL by Benacquisto; (CO-INTRODUCER) Richter

Violations/Probation/Community Control/Widman Act; Creates the "Officer Andrew Widman Act." Authorizes a circuit court judge, after making a certain finding, to issue a warrant for the arrest of a probationer or offender who has violated the terms of probation or community control. Authorizes the court to commit or release the probationer or offender under certain circumstances. Authorizing the court, in determining whether to require or set the amount of bail, to consider the likelihood that the person will be imprisoned for the violation of probation or community control, etc.

EFFECTIVE DATE: October 1, 2011


Also check out HB 595 which is identical and being moved through committee in the House



HB 595 - Sexual Performance by a Child
GENERAL BILL by Pafford
Sexual Performance by a Child: Prohibits controlling or intentionally viewing photograph, motion picture, exhibition, show, representation of image, data, computer depiction, or other presentation that includes sexual conduct by child.
Effective Date: October 1, 2011
Last Event: Now in Criminal Justice Subcommittee on Wednesday, February 16, 2011 6:26 PM
Referred Committees and Committee Actions:
- Criminal Justice Subcommittee
- Justice Appropriations Subcommittee
- Judiciary Committee
Related Bills:
Bill #SubjectRelationship
SB 846Prevention of Child ExploitationIdentical
Bill Text:

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One to See Change Blog List

"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:
* * * *
“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?”
* * * *
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:
* * * *
“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.”