September 30, 2015

The social costs of juveniles on sex-offender registries far outweigh benefits

9-30-15 National:

WASHINGTON (Sept. 29, 2015) – The net social cost of applying sex-offender registration and notification laws to those who commit offenses as juveniles could be as high as $3 billion a year, with most of those costs incurred by neighbors of registered offenders, according to a new benefit-cost analysis from the R Street Institute.

Author and R Street Associate Fellow Richard B. Belzer found that including juveniles in sex-offender registries produced net costs of between -$40 million and -$1 billion per year, while only reducing sex-offense recidivism by about one-eighth.

“Registration would have to reduce incidence by at least 60 percent to yield positive net benefits,” Belzer wrote. “Incidence reductions of this magnitude has not been observed anywhere, or even suggested by committed registration advocates.”

Applying notification laws to juvenile offenders produces no identifiable social benefits, with social costs that range from $400 million to $2 billion per year. About 75 percent of notification costs are actually incurred by neighbors.

“The analysis shows that public notification is almost certainly a highly cost-ineffective way to reduce future sex offenses,” Belzer wrote. “No evidence has been found indicating that there are any social benefits. Thus, reform of notification laws appears to be the most plausible class of reform alternative that warrants consideration from an economic-efficiency perspective.”

The paper offers a retrospective analysis the draws from the literature on the effects of federal laws like the Adam Walsh Act and Megan’s Law, as well as state sex-offender registries, to outline costs borne by various entities, including the registrants themselves, their families, homeowners, renters and landlords, businesses, schools and the public.

Belzer also uses a prospective benefit-cost analysis that could use reforms to lessen some of the costs associated with the registry. These include exempting certain groups of offenders, terminating new registrations for certain kinds of offenders or enacting stays of notification pending future good conduct.

“The mere presence of information in the public domain means that the costs to juvenile offenders of public notifica­tion are, for all practical purposes, already sunk,” Belzer writes. “Nearly all benefits from reform will accrue from the non-registration or nondisclosure of registry status of new juvenile offenders.” ..Source.. by Nicole Roeberg

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September 28, 2015

Owner of Polygraph.com Sentenced to Two Years in Prison for Training Customers to Lie

9-22-15 Oklahoma:

WASHINGTON—A former Oklahoma City law enforcement officer and the owner of Polygraph.com has been sentenced to two years in prison for training customers to lie and conceal crimes and other misconduct during polygraph examinations.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Assistant Commissioner Matthew Klein of U.S. Customs and Border Protection’s Office of Internal Affairs and Special Agent in Charge Scott L. Cruse of the FBI’s Oklahoma City Division made the announcement.

Douglas G. Williams, 69, of Norman, Oklahoma, pleaded guilty on May 13, 2015, to two counts of mail fraud and three counts of witness tampering. Chief U.S. District Judge Vicki Miles-LaGrange of the Western District of Oklahoma imposed the sentence.

According to admissions made in connection with his plea, Williams owned and operated Polygraph.com, an Internet-based business through which he trained people how to conceal misconduct and other disqualifying information when submitting to polygraph examinations in connection with federal employment suitability assessments, background investigations, internal agency investigations and other proceedings.

In particular, Williams admitted that he trained an individual posing as a federal law enforcement officer to lie and conceal involvement in criminal activity from an internal agency investigation. Williams also admitted to training a second individual, posing as an applicant seeking federal employment, to lie and conceal crimes in a pre-employment polygraph examination. Williams also admitted to instructing the individuals to deny receiving his polygraph training.

The investigation was conducted by U.S. Customs and Border Protection’s Office of Internal Affairs and the FBI’s Oklahoma City Division. The case was prosecuted by Trial Attorneys Heidi Boutros Gesch and Brian K. Kidd of the Criminal Division’s Public Integrity Section. ..Source.. by FBI Press Release

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September 26, 2015

These Two Teenagers Were Charged with Sex Crimes. Check-Out the Ridiculous Reason WHY

9-26-15 North Carolina:

Our legal system is a mess. Without a shred of logical congruency, America’s legal system is a wacky quagmire of differing penalties and contradictory laws.

The same country where all fifty states recognize driver’s licenses from the other states in the union is patched-together with a hodgepodge of different laws concerning the recognition of another state’s concealed carry permit.

The Southern states are disallowed from enforcing border security as it is considered an issue under the jurisdiction of the federal government. Still, the federal government refuses to enforce the laws of the nation.

The First Amendment provides for the freedom of religion. But try practicing your Christian faith, and see what happens…

Some laws are good in nature, but are being poorly implemented. While we can all agree that perverts and predatory deviants are unwelcome in society, today’s laws concerning sexual offenses can make little to no sense.

What is a “sex offender”? Certainly, for instance, a man who forces himself upon a woman is a sex offender. But what of an 18 year-old who has sex with his 17 year-old girlfriend? While many states allow for such a relationship, some do not. What is allowable in one state may brand a man for life as a sexual criminal in another and rob that man of any potential for gainful employment for the rest of his life.

Take, for example, the recent case of Cormega Copening, 17, and Brianna Denson, 16, two teenagers in a relationship. When they were both 16, they “sexted”- sent nude photos of themselves to each other on their phones.

Okay- it’s not the most-wholesome thing to do. However, now these kids are engulfed in a legal nightmare as they have both been charged with child pornography charges. They were charged as adults in February for sending “sexually explicit” photos of minors to each other’s cell phone.

However, these were not “children”; they were photos of themselves.

The duo faced felony convictions under the law in their state of North Carolina. If convicted, the two would not only face jail time, but also a lifetime of employers and neighbors discovering that they were peddlers of kiddie porn. That’s also assuming that neither of them got “shanked” in prison for being a sex offender.

In reality, their “crime” did not warrant being lumped-in with deviants.

The two were able to secure a plea bargain to escape jail time and the dreaded scarlet letter that is the sex offender registry. They pled it down to a misdemeanor offense and a year of probation.

Thankfully, this worked out (this time). Many will note that this was a fluke and not representative of the law that threatened them.

It’s true; this does not happen a lot. However, the fact that this can and has happened demands that we, as a society, examine what it means to be a sexual predator.

Some areas are clear. A man having sex with an 8-year-old is repugnant and an abhorrent scumbag by virtually everyone’s estimation. But because of this justifiable societal hatred, we must be careful who we label as this pervert’s equal.

Did Copening and Denson commit a crime? Technically, yes. If they had not found the legal escape hatch that they did, they would be labeled as a sex offender, an umbrella term that also harbors the aforementioned hypothetical pervert.

Is this right?

Like so many good ideas, the laws concerning sex crimes have become convoluted in a black-and-white paradigm that allows for no “gray area.”

That Copening and Denson escaped the legal system with only a misdemeanor charge does not mean the system worked; it means the system nearly crushed two innocent people with a lifetime of hell and, thankfully, they managed to escape Lady Justice’s swift and terrible vengeance.

No, we should not be loosening the laws to allow the perverts to roam free; we should, however, examine our classification system so that we may separate those who are truly disgusting animals from those who made a mistake. ..Source.. by Greg Campbell

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September 25, 2015

UPDATE: Sheriff’s Department gets $1.5 million to combat human trafficking

9-25-15 California:

The Los Angeles County Sheriff’s Department was awarded a $1.5 million grant to aid the agency in its efforts to combat human trafficking in Los Angeles County, the U.S. Justice Department announced Thursday.

The money will help the Sheriff’s Department form a multi-agency task force with the U.S. Attorney’s Office, the Federal Bureau of Investigation and other federal law enforcement agencies that would “investigate high-priority trafficking crimes — particularly the sex trafficking of minors,” according to a Justice Department news release.

The money awarded was a part of a $44 million federal grant that was given to 16 law enforcement agencies around the country.

Los Angeles County Sheriff Jim McDonnell said in a statement that the department needs such a task force because it gives the agency the ability to rescue and address the needs of victims, investigate and punish criminals and prevent human trafficking crimes in the future.

“As those who commit this horrible crime and prey on trafficking victims become more sophisticated, we must work together to find new and comprehensive strategies,” McDonnell said. “If we are to truly make a difference in combatting human trafficking, we must do more than simply prosecute the wrong-doers.”

Thursday’s announcement received praised from U.S. Sen. Dianne Feinstein and Los Angeles County Supervisor Mike Antonovich.

“I’m confident that L.A. County and Sheriff McDonnell can use these funds effectively to combat sex trafficking,” Feinstein said in a statement. “Sheriff McDonnell has a great team in place and is prepared to launch an aggressive task force to arrest and prosecute those who engage in the inhuman trafficking of young girls.

“Sex trafficking must be stopped and Los Angeles has the team to do it,” Feinstein said.

The Los Angeles County Sheriff’s Department already operates its Human Exploitation and Trafficking Team, which operates investigations and sting operations throughout the county. That department is in the process of adding more than 50 personnel to its current staff, according to a news release. ..Source.. by Jonathan Smith

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September 23, 2015

One in four Ohio prisoners are sex offenders

9-23-15 Ohio:

About one in four Ohio prisoners are serving time for a sexual offense, most for rape, a new report shows.

The Correctional Institution Inspection Committee, a legislative watchdog agency, reported 7,707 inmates are doing time for sex offenses, with another 2,415 incarcerated for parole and other violations accompanying prior sex offenses.

The vast majority are male. Just 137 sex offenders are female, 2 percent of the total.

The agency said the Department of Rehabilitation and Correction has been working to improve programs and treatment for sex offenders, but gaps still exist. There are no programs for sex offenders in the highest-security level in state prisons, mainly due to the potential for “ disruptive behavior.”

The report also noticed that released sex offenders have more problems than other ex-inmates in finding housing and jobs. That often leads to new offenses, the report said.

After rape, with 4,768 inmates incarcerated, the other crimes with the most offenders were gross sexual imposition (736), failure to register (508), sexual battery (476), pandering obscenity (425), unlawful conduct with a minor (419), felonious sexual penetration (147), and promoting prostitution (68).

Among women, rape was the highest category with 77 offenders. Woman outnumbered men, five to two, in just one category -- soliciting.

Ohio began a three-tier post-release registration system for sex offenders in 2008, with the most serious offenders, Tier 3, required to register their address with the state every 90 days for life. Those with less serious offenses must register every 180 days to 12 months.

The report showed the average time served for sex offenders dipped slightly to about 10 years between 1998 and 2013. ..Source.. by Alan Johnson

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September 21, 2015

Sexting teens banned from using their phones for a year

9-21-15 North Carolina:

The high school quarterback who was facing four felony charges for sexually exploiting himself and one for having a sexually explicit picture of his girlfriend has agreed to a plea bargain and is now facing a year of probation. He will be not be able to own the devil's gadget that got him into trouble - a mobile phone - during that time.

North Carolina District Court Judge April Smith earlier this month sentenced the 17-year-old boy to a year of probation, according to Fayobserver.com.

During that time, her order says, the student must stay in school, take a class on making good decisions, complete 30 hours of community service, not use or possess alcohol or illegal drugs, not possess a mobile phone, and must submit to all the warrantless searches the state wants to foist on him.

The twisty little logic

As we reported previously, the boy and his girlfriend were arrested for sexting each other.

Under North Carolina law, the fact that he's 17 made him an adult, which thereby rendered him eligible to face felony charges of sexually exploiting a minor by sexting his underage girlfriend.

But because he sexted selfies when he was only 16, he was also accused of sexually exploiting another minor - himself.

In sum, North Carolina criminal law classifies teens aged 16 and 17 as adults when they commit crimes, yet also defines them as minors under the age of 18 when they're the victims of crime.


He was looking at the possibility of being charged with four felony charges for making and possessing sexually explicit pictures of himself, and one felony charge of possessing his girlfriend's sexual selfie, which she had sent to him.

The two had only sent the sexts to each other, which led many to question how in the world the police had found out about it.

It turns out that there had been an investigation into an alleged statutory rape involving a 14-year-old girl and other teen boys.

The quarterback, an 11th-grader at Douglas Byrd High School at the time, wasn't believed to have been involved in that alleged rape, according to Sheriff's Office Attorney Ronnie Mitchell, but his phone got swept up in the search. Hence, his sexting history came to light.

Similar to what his girlfriend had done in July, the boy admitted responsibility to lesser charges in the plea bargain: in his case, to two misdemeanor counts of disseminating harmful material to minors. Translation: he sent sexual selfies to his girlfriend.

The misdemeanors could be erased from his record if he stays on his best behaviour during the year's probation. He can also ask that the charges be expunged as well, so that there won't be any record of his ever having been charged.

Should those kids have been sexting? No. It can lead to sexual content escaping from its intended destination, and the result of that can be harassment, shaming and bullying.

But sexting is too deeply embedded in teen culture to believe it will ever go away, much as security publications and parents would love to see the phenomenon disappear.

Will taking away these two kids' mobile phones do the trick? Probably.

But the fact that they're now very much aware of the serious legal ramifications of underage sexting probably already put them off, and taking their phones away is very likely a redundancy.

Time to scare the kids

Most kids have no idea about the legal ramifications of taking, receiving, and/or sharing sexual images of minors, be those images of their lovers or themselves.

Studies have shown that the more kids know about those ramifications, the less they engage in sexting.

These are conversations with kids that have to take place.

Those conversations should include concepts such as just what a felony is, under what circumstances (such as a given state's laws on the matter) a minor can be criminally charged as an adult, what the penalties for such convictions might entail - including jail time - what it means to be required to register as a sexual offender, and how that black mark can last a lifetime.

Halloween's right around the corner.

Forget the ghosts and zombies: let's make sure kids know what the real dangers are when they engage in an activity many incorrectly assume is no big deal at all. ..Source.. by Lisa Vaas

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September 20, 2015

Guam Lawmakers Pass Law Allowing Chemical Castration of Sex Offenders

See earlier report:
9-20-15 Guam:

Lawmakers in the U.S. territory of Guam narrowly approved a bill earlier this month that would allow chemical castration of convicted sex offenders ahead of their release back into society, the Pacific Daily News reported on Sept. 4.

“This is a good day for the island of Guam,” said Sen. Brant McCreadie, who introduced the “Chemical Castration for Sex Offenders Act” to reduce recidivism rates of sex offenders at the island’s prison, the media outlet reported.

“It’s an important message; it’s a message that we as a body will not support this type of crime any more,” said McCreadie, who is a Republican. “It’s a stern, loud-and-clear message to any offenders out there that there’s going to be consequences.”

“Pending Gov. Eddie Calvo’s signature, the bill would launch a four-year pilot program at [Department of Corrections] in which eligible sex offenders could be selected to undergo anti-androgen treatment,” the media outlet reported.

The hormone treatment reduces a person’s sex drive, the article explained.

“The Guam Parole Board told McCreadie there are 53 sex offenders currently serving prison time at DOC who will be eligible for release on parole within three years,” the media outlet reported.

The bill passed on an 8-7 vote. ..Source.. by Penny Starr

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September 17, 2015

North Dakota lawmakers look to streamline sex offender requirements

9-17-15 North Dakota:

BISMARCK – The number of registered sex offenders living among North Dakotans has nearly doubled in the past 10 years, but attorneys said Thursday the law spelling out the registration requirements is long and confusing and should be streamlined.
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"Because ultimately what we want is compliance," Assistant Cass County State's Attorney Renata Olafson Selzer told the Legislature's interim Judiciary Committee.

The Legislature has tasked the committee with studying the law to address inconsistencies and recommend changes for lawmakers to consider in 2017.

Since it was first passed in 1991, the law has gone through multiple revisions over the years, growing to six pages long with 17 subsections, making it the longest statute in North Dakota's criminal code.

"I think we have a statute that works well," Assistant Attorney General Jonathan Byers said. "We've fine-tuned it ... but it is kind of clunky ... and it could be more user-friendly."

Byers said the state has seen a spike in registered sex offenders in recent years, especially in oil-producing counties that have attracted workers and new residents from out of state.

Since 2005, the number of registered sex offenders in North Dakota has climbed by more than 95 percent to 1,353. That doesn't include 343 offenders who are currently jailed.

The state also has 153 registered "offenders against children," plus another 25 incarcerated, who have been convicted of non-sexual crimes against minors but are covered under the same law.


Upon their release or relocation, offenders have three days to register their new address, school or workplace with their local sheriff or police chief.

But the law contains various timelines for other reporting requirements. For example, offenders have three days to report a change in vehicle or online identity and five days to report a change in school or employment, but they're also supposed to notify law enforcement 10 days in advance of a change in name, residency or employment.

Kendall Vetter, a Bismarck police officer who works in sex offender compliance, called the latter requirement "completely unrealistic."


"I have offenders that start and stop three jobs in 10 days because they may get employed and then they find out that they're a registered offender and their employer fires them, or for whatever reason, they leave voluntarily. I could probably charge out every offender in Bismarck for that," he said.

Attorneys also questioned whether offenders against children should be separated in statute from sex offenders because the public — including landlords considering whether to rent to an offender — often don't make the distinction.

"I think we as a society should be less worried about tracking parents who took a belt to a child than one who sexually abused a child," Bismarck defense attorney Justin Vinje said.

Those convicted of failure to register face a mandatory minimum sentence of 90 days in jail and one year of supervised probation. Olafson Selzer said she agrees that's appropriate for an offender who fails to register his or her address and absconds, but questioned whether a less serious violation, such as failing to report a change in vehicle, warrants such a penalty.

Two committee members said they were surprised to hear from Byers that North Dakota's sex offender program doesn't comply with the federal Adam Walsh Child Protection and Safety Act of 2006.

Byers said the attorney general's office has decided to deviate from the federal act in three areas because of philosophical differences. He said the state bases its three sex offender categories on risk assessments rather than the conviction offense; it doesn't automatically require re-registration upon any felony conviction; and it publishes only the pictures of high-risk/lifetime offenders on the website and doesn't publish the employers' addresses for low-risk offenders because it could risk their job and increase the likelihood they will reoffend.

"He's going to have a whole lot of time on his hands. What do you think that does for him?" he said.

Only 14 states are fully in compliance with the act, he said. ..Source.. by Mike Nowatzki

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Saco is next to pursue sex offender ordinance

9-17-15 Maine:

BIDDEFORD/SACO/OLD ORCHARD BEACH – Saco may soon join Biddeford and Old Orchard Beach in restricting where registered sex offenders may live.

Biddeford passed an ordinance in May, and Old Orchard Beach passed a similar ordinance last month. The proposed ordinance, drafted by Saco Police Chief Bradley Paul, uses almost the exact same language as the Biddeford and Old Orchard Beach ordinances, and is set for a public hearing Monday, Oct. 5.

Paul said the ordinances in various municipalities are all very similar “because they are all tightly constrained by state law.”

State law provides that residency restrictions can only be applied to registered sex offenders who have been convicted of a Class A, B or C felony crime against a person who has not yet attained the age of 14. The law also confines the areas where the designated offenders may be prohibited from living to a 750- foot area surrounding elementary, middle and secondary schools, or publicly owned property where children are the primary users.

In addition to Thornton Academy and the city’s elementary and middle schools, offenders would not be allowed to reside within a 750-foot proximity of the community center on Franklin Street, Pepperell Park on Beach Street, Diamond Riverside Park on Irving Street, Saco Little League Field on Summer Street and all of the playgrounds and athletic fields maintained by the Saco Parks and Recreation Department.

Under state law, offenders who already established residence in those areas before a setback is established must be allowed to continue living in the home. In Old Orchard Beach and Biddeford, violators of the ordinance may be subject to fines of $500 per day and a no-trespass order for failing to heed a notice to vacate. The proposed Saco ordinance also applies the same $500 fine.

“It’s just a fact of life that sex offenders need to live someplace,” Paul said. “In many cases, they’ve paid their debt to society.”

Paul said some communities in other states have established buffer zones up to a half-mile wide, effectively forcing sex offenders into other communities. Paul said Maine law doesn’t allow municipalities to establish setbacks that are large enough to keep offenders entirely out of any one community.

“With our neighboring communities passing ordinances, we were concerned that we become more attractive by comparison,” Paul said. “I don’t think any of the three of us (Biddeford, Saco or Old Orchard Beach) want to create a situation where we’re forcing offenders among us to move to other communities.”

The number of registered offenders in any community varies as new offenders are added and other offenders are taken off the registry. As of the Courier’s deadline, according to the Maine Sex Offender Registry, Old Orchard Beach had 20 registrants, Saco, 31, and Biddeford, 63. The registry does not identify, however, which would be subject to the restrictions for committing crimes against victims under the age of 14.

The proposed ordinance was drafted at the request of Ward 3 City Councilor Thomas Roughan.

Old Orchard Beach Police Chief Dana Kelley said Old Orchard Beach passed the ordinance last month in response to the publicity around allegations that two retired Biddeford police officers sexually abused young men decades ago. Kelley said he realized that, while state law allows for residency restrictions, his department could not enforce them without a town ordinance on the books. ..Continued.. by Ben Meiklejohn Staff Writer

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Fix the law: Not every Pa. child offender is a sex offender

9-17-15 Pennsylvania:

A Wilkinsburg man broke the law when he defied a custody order and went into hiding with his 2-year-old daughter. But a sentence that brands him a sexual offender — when he committed no sexual offense — reveals a glitch in state law that should be corrected.

The saga began in December when Tex Ortiz, 32, fled with his daughter, whose mother is dead, three days after a court awarded interim custody to the toddler’s maternal grandmother. Ortiz was apprehended 15 days later in Altoona; the child was not harmed. In May, a jury found him guilty of kidnapping and interference with the custody of a child.

Ortiz was sentenced on Monday in Common Pleas Court by Judge Donna Jo McDaniel. He was ordered to serve eight to 22 years in prison and told he would have to register as a sex offender for the rest of his life. That’s because the state’s kidnapping statute, toughened in 2012 in the wake of the Jerry Sandusky abuse scandal, requires lifetime registration in all cases involving a minor.

Ortiz, whatever his sins, has not been accused of a sexual offense. To publicly brand him a sexual offender, especially after his sentence is complete, is both cruel and unusual, and likely not what the General Assembly intended. One University of Pittsburgh law professor said “it doesn’t make a lot of sense.”

Don’t blame Judge McDaniel; she had to apply the law as written. But the Legislature should revisit the law to make sure this can’t happen again. ..Source.. by the Editorial Board

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September 16, 2015

Tonight at 9pm: Inside the Mind of a Sex Offender

9-16-15 Arkansas:

LITTLE ROCK, Ark. -- Fox16 Investigates continues in a year-long investigation we began in July 2014 with an exclusive interview to delve inside the mind of a sex offender. Our initial investigations led to immediate changes in the sex offender registry and expanded information the public is able to learn about high-risk sex offenders who might move in next door.

In July 2014, members of the Power Pack Ministries Church reached out to Fox16 News, claiming their pastor had committed forgery and had changed his name to go undetected as a convicted sex offender.

Fox16 Investigator Marci Manley dug through court records, parole records and the sex offender laws to uncover that Bishop Jacob Taylor was, in fact, a Level 3 sex offender convicted under the name of Carlos Norwood in 2004.

Manley’s investigation uncovered Taylor/Norwood had been working in churches since his release from prison, with Little Rock Police confirming he failed to report those activities to them as required by law.

Manley’s digging uncovered an oversight in the sex offender registry. The online registry is required by law to report aliases for sex offenders. But when Manley and the public attempted to search the registry for the name of Jacob Taylor, no results were found, because his sex offender profile was only linked to the name of Carlos Norwood.

Following a series of investigations, the oversight was corrected, Taylor/Norwood was sent back to prison on a parole revocation, and he faces new charges of failing to register as a sex offender.

Tonight, Manley continues her investigation with an exclusive interview with Taylor/Norwood, who dodged answering questions during the initial stories. He now wants to tell his side. He considers himself, now, a civil rights leader with plans to march on Washington, D.C.

Over the next two nights, we delve into his claims regarding a wrongful conviction a system he believes set him up and whether red flags for a sex offender assessment team that labeled him a high-risk offender should serve as red flags for the public who might come into contact with a man who believes he’s the next Martin Luther King, Jr. ..Source.. by Fox16.com

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Houston veteran left homeless after faulty background check labeled him child molester

9-16-15 Texas:

A year ago, Jeffrey Allan Taylor, a 50-year-old disabled Army veteran, found himself homeless after a faulty background check wrongly labeled him a child molester and he was denied housing just days after leaving a Houston hospital.

Now, Taylor is suing the company that issued the background check, calling their background research malicious in its carelessness.

Taylor, had recently gotten out of the hospital after a two month stay, brought on by complications from diabetes. He had lost his left foot, was newly in a wheelchair and was looking for a place to live.

"He went to go get a spot in a veteran's hospice run by Cloudbreak Communities in Midtown," said Marc Nolan, Taylor's attorney. "They did a background check on him through RealPage, and the RealPage report wrongly stated that he had been convicted of indecent liberties in the state of Virginia."

"I don't know if you've ever been accused of being a child molester or sex offender, but it's a pretty awful moment. He was protesting his innocence and they were like 'sure you're innocent.'"

But Taylor was innocent. He is now suing the background check company, RealPage Inc., for defamation per se, and is seeking $1 million plus in damages.

Upon filing the lawsuit, the error was fixed, and Taylor now lives at the apartments, located at 4000 Travis. But before the fix, he was homeless, turned away "in his wheelchair with a medical pump still sucking out the liquid discharge draining from the stump of his leg," according to the lawsuit.

Taylor ended up at Harmony House, a homeless shelter at 602 Girard Street.

According to Rhett Butler, vice president of investor relations at RealPage, the bulk of the information which goes into their background reports comes from the courts, the information from the courts varies from jurisdiction to jurisdiction and the court documents don't have social security numbers. He said the reports aren't perfect, and they do the best they can to match up information accurately. ..Continued.. by Henry Sturm

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Kyleigh’s Law: Should we protect NJ teens from learner’s permit decals?

More importantly we need a law to protect society from stupid thinkers!
9-16-15 New Jersey:

Are the red decals young drivers have to put on their license plates an invitation to potential sex offenders? Are they advertising that there’s probably a teenager in the car?

Some people think so, while others say they’re a valuable tool for law enforcement.


Kyleigh’s Law has been controversial since it was first enacted in the Garden State in 2009. There is now another move to repeal the decal requirement and hold parents and guardians responsible if their kids don’t obey the Graduated Drivers License law.

“These decals identify youthful drivers to the public and while most of the public is rational and sane there are people who have nefarious thoughts for youthful drivers, youthful people in general and have sinister thoughts with regard to interacting with them,” said Assemblyman Robert Auth (R-Cresskill).

Legislation (A-822), introduced by Auth, would repeal the requirement that the holders of GDLs display a decal on the car they are driving and require parents and guardians of graduated driver licensees under the age of 21 to enforce restrictions that apply to these young drivers.

“There’s no empirical evidence that any of the problems they seek to correct in this legislation are real. I see no point in entertaining legislation that accomplishes nothing,” said Assembly Transportation Committee chairman John Wisniewski (D-Sayreville), who sponsored Kyleigh’s Law.

Under New Jersey’s GDL program, drivers under the age of 21 are allowed to have one passenger allowed with the exception of a parent, cannot use of cell phones even if they’re hands-free devices and they have a nighttime curfew of 11 p.m. Under Kyleigh’s Law, they must also display a red decal so that law enforcement can easily identify them.

Under Auth’s bill, a young potential driver would not get a permit or license unless their parent or guardian pledges, in writing, to accept responsibility for enforcing the GDL laws and conditions. The measure would increase the penalties for GDL drivers who violate the restrictions and also impose penalties on the parents or guardians of these drivers.

“How will anyone figure out whether or not kids did not abide by the law? Will the parents turn them in so that the parents themselves could then be penalized,” Wisniewski asked.

The GDL law is valuable and important, Auth said and he pointed that that he has no problem with the statute itself. The decals were his only concern.

On Aug. 6, 2012, the New Jersey Supreme Court unanimously upheld Kyleigh’s Law in a ruling that said the statute did not make young drivers vulnerable to pedophiles which meant it did not run afoul of the federal Driver’s Privacy Protection Act. (See HERE and HERE)

“The young drivers subject to (Kyleigh’s Law) have no reasonable expectation of privacy in their age group because a driver’s age group can generally be determined by his or her physical appearance,” the court wrote.

According to Paul Loriquet, communications director for the Attorney General, Highway Traffic Safety is aware of only one reported incident in which a teen driver was stopped by someone who was not a police officer. The incident, Loriquet said, happened within the first year that the law went into effect.

“It involved an individual impersonating a police officer who stopped a vehicle with a teenage driver. No details were provided,” he said. “Apparently the teenage driver drove away without any further incident.” ..Source.. by Kevin McArdle

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September 13, 2015

Bill proposes new guidelines for colleges' handling of sex offenses

9-12-15 Massachusetts:

A new bill being pushed by Central Massachusetts lawmakers proposes a slew of new guidelines governing how colleges handle sexual offenses on their campuses.

The two pieces of legislation – the Senate version was filed by state Sen. Michael O. Moore of Millbury and the House version by state representatives Daniel M. Donahue of Worcester and Tricia Farley-Bouvier of Pittsfield – build off of existing federal laws governing how higher education institutions address sexual assaults. But the state’s law would go even further, requiring colleges to provide additional educational and victim support services, more closely coordinate with local law enforcement and rape crisis agencies, and better delineate to students their rights in sexual violence cases.

“Many schools already have a lot of the services we’re trying to mandate,” said Mr. Moore, a Democrat, but the point of his and the other lawmakers’ bills is to ensure there is a uniform standard for all colleges in the state.

Other states, including New York and California, have already done so, he added; the proposed Massachusetts bills are based partly on their laws.

Mr. Moore said he and his staff began working on his bill a year ago, after the Joint Committee on Higher Education, of which he is the Senate chairman, heard testimony from college students about some of the inadequacies of their schools’ processes for dealing with sex offense allegations. He said he was concerned to hear, for example, that some colleges didn’t allow students – both the alleged victim and perpetrator – to have a representative with them at hearings.

The new legislation would give students the right to have an advisor of their choice attend with them. It also prescribes a range of other services to be provided on college campuses, including:

- Mandatory sexual violence training for staff and students;

- A confidential system in which victims can discreetly report an assault to a trained advisor;

- And clear communication of the school’s sex offense policy as well as information and resources available to victims.

In addition, the bill would require colleges to form agreements with local rape crisis services, domestic violence prevention organizations, and law enforcement agencies, to help the schools more capably conduct investigations as well as provide support to victims.

“(Campus sexual assault) is a complicated issue, and this is a big bill, an extensive bill,” said Mr. Donahue, who added lawmakers are still working on the language.

“This is probably one of the most vetted bills I’ve worked on,” said Mr. Moore, “we’ve had many versions, many redrafts.”

Much of that reworking was based on input lawmakers solicited from colleges, college associations, and social agencies. Kim L. Dawkins, executive director of Pathways for Chance, a rape crisis center in Worcester serving Central Massachusetts, said she was glad they reached out to organizations like hers, “because they’re the ones working with (sexual assault) survivors.”

“I was very grateful for that opportunity to sit with (Sen. Moore) and talk about the bill,” she said, adding she believes the legislation represents an “admirable” new effort to address an old problem in higher education.

Ms. Dawkins said it’s difficult to judge how well colleges as a whole are doing in the area of sexual assault; federally required campus crime reports show forcible sex assaults vary widely in the Worcester area, for example. That’s not necessarily a reflection of how often rapes are occurring, however, but possibly a sign that some colleges are fostering an environment where students feel more comfortable reporting incidents, she said.

“They’re not trying to pretend it doesn’t exist,” Ms. Dawkins said, which she sees as progress towards more the challenging task of changing societal attitudes about sexual assault. “It’s a much bigger issue (than colleges), that needs a lot of attention.”

Local colleges contacted Friday said they’re still reviewing the new bills, but expressed support for the Legislature’s attempt to address the issue.

“The safety and well-being of our students is our highest priority,” said Cristal Steuer, a spokeswoman for Holy Cross. “We support efforts to ensure that colleges provide safe environments conducive to learning and growth.”

Assumption College also “applauds efforts to address this matter and looks forward to working with the legislature and other institutions of higher learning to address this issue,” spokeswoman Michael K. Guilfoyle said.

Renae Lias Claffey, a spokeswoman for Worcester State, said the state university system as a whole is investigating the bills, and is in contact with Sen. Moore’s office.

“We share Sen. Moore's concern about sexual violence on campus and applaud him for taking a leadership role on this issue,” she said. ..Source.. by Scott O’Connell

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Lawmaker: Child porn law misused against sexting teens, but tools needed to fight predators

9-13-15 North Carolina:

The North Carolina legislator who passed a law 25 years ago that made it a felony to possess pornographic images of minors said he would not have used it to prosecute two sexting Fayetteville teenagers who were charged with that crime this year.

“I would think normally as a matter of prosecutorial discretion you would not charge a minor with sending a minor — having her own picture or sending to another minor — (that) would seem to me not the thing that most prosecutors are elected to do,” said state Rep. Paul “Skip” Stam of Wake County, who also is a lawyer.

Stam's legislation in 1990 created the felony offense of third-degree sexual exploitation of a minor. It was intended to crack down on people who sexually abuse and sexually exploit children, he said.

Both Fayetteville teenagers faced this charge for possessing sexually explicit pictures of themselves. They also were charged with creating child porn, which is second-degree sexual exploitation of a minor. The law against creating child porn was already on the books when Stam's law on possession of child porn was passed.

Stam said his legislation was needed because the law against the creation of child porn was sometimes problematic to enforce. The victims, some of them traumatized young children, had to testify about how the pornography was created, Stam said. They often were reluctant.

Stam's law against possession of child porn doesn't require the victims' testimony to enforce. The pictures or videos speak for themselves. It made it easier to obtain guilty pleas and convictions, Stam said.

Although the sexual exploitation laws have been tweaked over the years, most recently in 2008 to toughen their punishments and reinforce that exposure of the genitals can be prosecuted, they were on the books long before cellphones equipped with cameras became ubiquitous. They were in place long before large numbers of people began making nude photos of themselves to instantly share with their romantic interests.

The decisions by the Cumberland County Sheriff's Office to charge the teens and the District Attorney Office to prosecute the teens for sexting outraged many people, who commented on the charges in social media and elsewhere. The case made national news in the past few weeks and generated headlines as far away as Russia.

On Tuesday, Cumberland County Sheriff Moose Butler said he didn't necessarily agree with the use of felony charges against these two teens, but his deputies have to enforce the law as it's written.

District Attorney Billy West has the authority to reduce or dismiss criminal charges. He said Friday that his office made the right decisions in this case. His assistant reduced the charges to misdemeanors in plea bargains with the two teens. The arrangement holds the teens responsible and punishes them for their acts, but should ultimately leave them with no convictions on their records.

"The legislature has obviously criminalized the conduct, arguably at a more serious level than we resolved the case at," West said Friday. "Seemingly it would be that they did not think it was good public policy for these young people to be exchanging these sort of photographs with their phone."

West wouldn't debate the policy. "The legislature makes the law; I enforce it," he said.

Some in the legal system are puzzled that the teens were charged with committing crimes against themselves.

"That doesn't make a lot of sense," said former N.C. Supreme Court Associate Justice Ed Brady, who practices law in Fayetteville.

Brianna Denson, 16, was charged with second-degree sexual exploitation of a minor for making a sexually explicit photo of herself and third-degree sexual exploitation of a minor for possession of her photo.

Similarly, 17-year-old Cormega Zyon Copening faced two counts of second-degree sexual exploitation of a minor for making two sexually explicit photos of himself, and two counts of third-degree sexual exploitation of a minor for possessing the photos.

Copening had an additional charge of third-degree sexual exploitation of a minor for possession of a copy of Denson's photo.

Felony convictions could have put the youths behind bars, although a judge would have had the option to give them probation instead. But even if the teens were to avoid prison, a felony criminal record would have haunted them for the rest of their lives. Sex crime convictions would have required them to register as sex offenders for at least 10 years and possibly as long as 30 years.

Both teens agreed to plea bargains. Their charges were reduced to misdemeanors of disseminating harmful material to minors, and the two are serving 12-month sentences of probation.

Those charges are to be dropped when they complete their probation sentences next summer. They do not have to register as sex offenders.

If the teens had chosen to fight the charges of exploiting themselves, former state Supreme Court Associate Justice Brady said, their lawyers could have argued that taking a photo of yourself naked is no different than looking at yourself in a mirror.

"The facts make no sense - could the boy look in a mirror at himself? What's the difference? He's just recording his looking into the mirror," Brady said. "That would be my argument to a trial judge."

A defense lawyer could challenge the charges on constitutional grounds, said LaToya B. Powell, an assistant professor at the University of North Carolina School of Government. She is a former prosecutor and former state assistant attorney general.

The U.S. Supreme Court in recent years has said it violates the Eighth Amendment's prohibition against cruel and unusual punishment to impose the death penalty or mandatory sentences of life without parole on youth under age 18. This shows that the high court decided it's wrong to automatically treat youth under age 18 the same as adults in the criminal justice system, Powell said.

The teens' dual status as minor victim and adult criminal in the sexting case could violate the 14th Amendment's provision that every person must be treated equally under the law, Powell said.

If the teens are legally minors, their prosecutions as adults shows they are not being treated the same as other minors who happen to be younger than 16, Powell said. If the teens are legally adults, she said, then it's unfair to use the law to prosecute them for making pictures of themselves when adults older than 18 may legally take sexually explicit photos of themselves, she said.

At least 20 other states have modified their laws since 2009 to account for teen sexting, the National Conference of State Legislatures reported in 2013.

Stam, the state lawmaker who passed the 1990 child porn law, wasn't prepared to say whether North Carolina needs to change its law in light of the prosecution of the two teens in Fayetteville.

"I don't know. I've gotten the information from you on one side, and not from other folks, so I will think about that," he said.

Nonetheless, teens shouldn't get carte blanche to make sexually explicit photos of themselves, Stam said.

"This is not a good use of the prosecutor's time, or discretion, but you can't make it so that it's totally legal for 16- and 17-year-olds to do this because then the criminal gangs that are primarily involved in trafficking would just use 16- and 17-year-olds as their disseminators or as part of their operation," Stam said. ..Source.. by Paul Woolverton

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Another Elkhart family copes with having son's name on sex offender registry

9-13-15 Indiana, Michigan:

BRISTOL - Elkhart convicted sex offender Zach Anderson is one step closer to returning to a normal life.

On Friday, a new judge agreed to remove him from Michigan's sex offender list until his re-sentencing.

Anderson's case gained national attention, after a judge handed the then 19 year-old a maximum punishment for having sex with a 14-year-old girl who he said lied about her age.

Like Zach Anderson, Darian Yoder was 19-years-old when he found a girl on a dating app called Hot Or Not.

Yoder said she told him she was 17 and then they had sex the first time they met. Just like Anderson, Darian was convicted and registered as a sex offender.

"It's basically just work and occasionally I'll go to the gym, but I really have nothing else I can really do," said Yoder.

In both cases, the girls were from Niles and they even had the same judge, Dennis Wiley.

"With these guidelines, it's basically taken my life away," said Yoder.

Feeling alone and embarrassed the last time Fox 28 spoke to him, Yoder asked us not to show his face.

"I started to get a little bit more positive," said Yoder.

It was after reading about Anderson's case that Yoder and his family started to see a brighter side.

"If I didn't have support, I probably would have given up," her said.

Like Anderson's family, the Yoder's too, are working towards getting Darian's name removed from the sex offender registry.

"[It's] like a death in the family," said Vanissa Messick, Darian Yoders' mom.

She said she can't remember the last time she's seen her son smile.

"It's like you make a mistake in life, this is too much of a punishment for that person at that age even, you're going to make mistakes," she said.

A mistake that many like Anderson and Yoder have made and are trying to fix. Messick told Fox 28, the Anderson's are helping them try to appeal Yoder's conviction and get his name taken off the sex offender registry, but it will be a little harder because they are past the six month appeal threshold. ..Source.. by Shellye Leggett

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September 12, 2015

Oliver proposes change to sex offender registry

9-12-15 Missouri:

BLOOMFIELD, MO. -- It was 26 years ago that 11 year-old Jacob Wetterling was abducted. And, although Wetterling's body has never been found, his disappearance led to the establishment of the first federal law regarding registration of sex offenders.

Stoddard County Prosecuting Attorney Russ Oliver said that officials at both the state and county levels do a good job of maintaining the registry; but, he would like to see something added to it.

"I would like for there to be a tier system," Oliver remarked. "Having a tier system in place would help everyone."

Oliver went on to explain his idea as establishing categories for different types of offenders on the registry.

"Basically, what you would have is, say, Tier One would be for the worst kind of sex offenders. They would be the violent, aggressive predators on the registry," Oliver explained. "Tier Two would be less severe cases than Tier One, but would maintain the names of offenders that have preyed on their victims in a less severe way. Tier Three would be for your 'Romeo and Juliet' kind of cases."

Oliver explained "Romeo and Juliet" cases to mean situations where a minor female had a boyfriend that may be 18 or just a few years older, and charges were filed as a result of that age difference.

"There are a lot of stories like that out there," Oliver noted. "And I know there are some people in those kinds of situations that are desperate to get off the registry. There are ways for them to do that, but I'm not for removing an entire section of people from the registry altogether."

Oliver elaborated by saying a tier system would allow for people checking the registry to find out what type of offender someone might be.

"Basically, if you know your neighbor is on the registry, but you don't know what he was convicted of, if you go to the registry and see what tier he belongs to, that will let you know the type of individual you're dealing with," Oliver explained. "So, if your neighbor is a violent offender, you'll know by what tier he's in. If it's one of those 'Romeo and Juliet' cases, you'll know because of what tier he's in."

Oliver said that sex offender cases take top priority in his office.

"I took office on Jan. 1, 2011," Oliver said. "Everything from that point forward is my responsibility."

Oliver agreed that the number of registered offenders in Stoddard County is alarming.

According to an independent website "homefacts.com," Stoddard County has 124 registered sex offenders, and has an average of 41.5 sex offenders per 10,000 residents, compared to the national average of 41.5 per 10,000 residents.

Oliver agreed the number is high, but he doesn't necessarily feel it's an accurate portrayal of the communities in Stoddard County.

"What happens is, when an offender gets released by the Department of Corrections (DOC), they have to get a home-plan approved. Some of the offenders on the registry may have moved here after being released," Oliver explained. "Other offenders may have been able to avoid serving time and got probation in exchange for a plea deal. That's one thing about the registry: We don't have any control over the decisions that get made by the DOC."

Oliver pointed out that since being elected, he has handled 35 sex cases. In 17 of those cases, the defendant was sentenced to prison, 10 of the cases are still pending, and eight of the cases involved young defendants and minor victims, which resulted in probation.

"I take these kind of cases very seriously," Oliver remarked. "From the time an allegation is made, we get on it, investigate it, and pursue it diligently."

Oliver also explained that emerging technologies have, in some cases, made it easier to locate and prosecute sex offenders.

"Because of some of these peer-to-peer networks, like Limewire, or Frostwire, it's easier for law enforcement to locate some of these individuals," Oliver said. "But, in other ways, technology has made it more challenging."

Oliver was quick to acknowledge the abilities of local law enforcement officials -- particularly Dexter Police Detective Lieutenant Trevor Pulley.

"Trevor has a lot of technical knowledge and ability, and he's gotten some very good training," Oliver noted. "We're fortunate to have him here and working with us. He's able to do a lot in these types of cases."

Oliver said what is, perhaps, most difficult in trying such cases, is dealing with the victims.

"Being a father of three children, the biggest challenge for me is seeing the amount of emotional strain these children face in the court process," Oliver explained. "Many of the victims are ashamed, or they are worried about tearing their family apart."

Oliver noted that approximately 60 percent of sex cases involve a family member of the victim.

"When it's a young child, we do a video deposition as opposed to putting them in a full court room," Oliver said. "The idea is that they can feel more comfortable explaining what happened. It costs more time and money to do it that way, but it's worth it so justice can be served."

While Stoddard County may face the same law enforcement challenges as any other area, Oliver noted that sex cases will always be a priority.

"I can say, with 100 percent certainty, if you're an adult molesting a child under the age of 12, you will be going to prison for a very long time," Oliver remarked. "I don't like to bargain in these kinds of cases. I have so much empathy for the victims, and it's such a horrible experience for those children, I won't ease off on any of those cases." ..Source.. by JONATHON DAWE

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September 11, 2015

Wisconsin lawmaker seeks to change state law regarding local sex offender residency rules

9-11-15 Wisconsin:

GREEN BAY, Wis. — A Wisconsin lawmaker has proposed a change in state law that would end the ability of the state's municipalities to set their own local rules on sex offender residency.

The bill would create a statewide standard limiting sex offenders from coming within 1,000 feet of parks, schools and other gathering places for children. It also would require the state Department of Corrections to try to place sex offenders within the municipality where they committed the crime.

Republican state Rep. Joel Kleefisch, who authored the bill, said sex offenders are released without supervision in some areas after judges have ruled the local ordinances are unconstitutionally restrictive.

Most cities, villages and towns in Brown County already require people who commit sex crimes to live at least 1,500 feet from designated gathering places for children.

Officials in least one municipality, Green Bay, have drafted a resolution opposing the bill, Press-Gazette Media (http://gbpg.net/1K0t5jf ) reported.

Green Bay alderman Chris Wery said the bill would "gut" the city's 2007 ordinance banning sex offenders from living within 2,000 feet of gathering places for children. He said the city had become a "dumping ground" for the sex offenders in Brown County prior to the ordinance, which essentially blocks them from living almost anywhere in the city, unless they're granted an exemption by the city's Sex Offender Residency Board.

Brown County has 616 registered sex offenders, and 471 of them live in Green Bay, according to the Department of Corrections.

Some surrounding municipalities passed similarly restrictive rules to stop the influx of offenders who couldn't find a place to live in Green Bay after larger city adopted the ordinance. Bellevue created a 2,500-foot buffer for sex offender residency in December.

Supporters of the Kleefisch's proposed bill argue that it would help sex offenders who currently are forced to go underground because they can't find anywhere to live due to the increasingly restrictive local ordinances.

Nearly 360 sex offenders in Wisconsin are reported as homeless, according to the Department of Corrections. ..Source.. by Star Tribune

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Doe Fund Fights Sex Offender Relocation To Its East Williamsburg Shelter

9-11-15 New York:

Management of an East Williamsburg homeless shelter says they would rather close the facility than make room for 50 sex offenders being sent there by New York City’s Department of Homeless Services.

Administrators from The Doe Fund, a nonprofit organization which independently owns and operates the Peter Jay Sharp Center for Opportunity, believe the transfers to be level two and three sex offenders, classified by the state to be moderate to high risks for reoffending, respectively.

“DHS did not identify them as such, but we know that levels two and three are most likely to be homeless and in the system because of the legal restrictions imposed upon them,” says The Doe Fund’s director of external affairs, Alexander Horwitz.

Those legal restrictions include prohibitions outlawing certain sex offenders from living within 1,000 feet of an area where children congregate. According to state law, sex offenders under parole or probation supervision, regardless of their risk level, are subject to residency restrictions if their victims were under the age of 18. Level three sex offenders on parole or probation, regardless of the age of their victims, also are subject to residency restrictions.

Due to the density of schools, parks and playgrounds in New York, these restrictions mean that many homeless sex offenders can legally reside at one of only 17 compliant shelters — a list that the Sharp Center, being more than 1,500 feet away from the nearest school (and three blocks from the Morgan L stop) found itself on for the first time in April.

The 400-bed Sharp Center is legally obligated to accept anyone referred to it by DHS if it has vacancies, but management says they are at capacity, and claims that this is the first time in the facility’s 12-year history that the department has attempted to forcibly move in sex offenders. ..Continue.. by Arvind Dilawar

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September 10, 2015

Berkeley council to hear midyear crime report

9-10-15 California:

BERKELEY -- Crime is up in most categories in Berkeley, part of a trend both in the Bay Area and nationwide, says Police Chief Michael Meehan, who will deliver a midyear 2015 crime report to start off a busy evening of City Council business Sept. 15.

Meehan's presentation is the subject of a special meeting at 5:30 p.m. at the Old City Hall, 2134 Martin Luther King Jr. Way.

According to Meehan's midyear report, the incidence of most crimes was up in the first six months of 2015 over the same period in 2014. "Part One" crimes -- homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft and arson -- rose 23 percent overall. The only category not to see an increase was homicide, which went from one in the first six months of 2014 to zero in the first six months of this year.

Reported rapes rose from 14 in the first six months of 2014 to 17 in the same period this year. In his report, Meehan notes nationwide increases in reported sexual assault statistics that he says are related to a revised definition of sexual assault by the FBI.

Robberies increased by 53 percent in the period, from 108 in the first half of 2014 to 165 the first half of this year. But both totals were substantially less than the same period in 2013, when there were 221 robberies.

Both violent crimes and property crimes are up this year, after dropping considerably from 2013 to 2014, with aggravated assault showing the largest percentage increase.

"Last year was our best year in 50 years," Meehan said this week, adding that Berkeley's decline in 2014 mirrored national figures.

He said there is no consensus among experts as to what is behind the recent uptick in crime after years of decline. The patterns are inconsistent, and no one factor -- he cited the economy, jobs, drug and alcohol abuse, technology, demographics and policing strategies -- can explain the increase, although all have some effect on crime incidence, he said.

The regular council meeting at 7 p.m. contains more than 50 consent items.

New business includes a proposed tobacco sale buffer zone around schools and parks; possible minimum wage ordinance revisions and amendments; a fair elections and public campaign financing ballot measure; and a resolution supporting efforts to stop sexual harassment at Berkeley High School.

Old business includes proposed retail incentives in commercial districts and a proposal to reinstate the practice of inviting community agencies to make presentations to city commissions during the funding allocation process.

Also on the agenda are more than a half-dozen information reports, on code enforcement, construction permits, bike sharing, the Community Environmental Advisory Commission work plan, a midyear update from the Energy Commission, a report from the Alameda County Transportation Commission, and recommendations by the Police Review Commission to change Berkeley Police Department procedures related to suspicious activity reporting and the department's relationship with the Northern California Regional Intelligence Center. ,,Source.. by Tom Lochner

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September 9, 2015

Waltham councilor wants to reverse sex offender decision

9-8-15 Massachusetts:

Waltham City Councilor Robert Logan was dismayed late last month when the state’s high court took power away from cities and towns in setting limits on sex offender residency.

The ruling stated that local towns and cities could no longer ban sex offenders from living near a school or playground.

Logan, who wrote Waltham’s sex offender ordinance, was one of many who were upset by the decision.

“I think local communities should decide how they want to (regulate sex offenders),” he said. “It’s a matter of protecting the community and protecting the most vulnerable.”

He said while others have argued that sex offenders can be successfully reintroduced into society and be productive members of a community, he remains skeptical.

“I don’t think these people can be cured,” he said, referring to Level 3 offenders. “I think they are re-offenders waiting to happen.”

The Supreme Judicial Court unanimous decision compared the treatment of sex offenders to that of Japanese-Americans during World War II.

“Except for the incarceration of persons under the criminal law and the civil commitment of mentally ill or dangerous persons, the days are long since past when whole communities of persons, such as Native Americans and Japanese-Americans, may be lawfully banished from our midst,” wrote Justice Geraldine S. Hines.

Those in favor of the SJC’s decision say that there is little evidence showing that restricting sex offender residency makes a community safer, and by making it more difficult for past offenders to find work or housing, the chances of them offending again could actually increase.

There are 15 Level 3 sex offenders in Waltham, according to the city’s website.

Waltham’s regulations prohibited a registered Level 3 sex offender from living within 500 feet from any school, daycare facility, park, recreational facility, elderly housing facility or facility for the mentally disabled.

In his resolution to the Waltham City Council, which will be presented on Monday, Sept. 14, Logan calls on the state to re-institute local rules in order to “protect neighborhoods and residents from sexual predators.”

There are 49 communities with sex offender ordinances that will be preempted by the SJC decision.

Logan’s resolution asks the council to call on Gov. Charlie Baker and both houses of the state legislature to either adopt statewide regulations setting limits for sex offenders, or pass legislation restoring the power to communities to set their own guidelines. ..Source.. by Ignacio Laguarda

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September 8, 2015

City could ban sex offenders from DOC facility

9-8-15 Wisconsin:

The Shawano Common Council will take another look at sex offender residency restrictions with an eye toward keeping registered sex offenders out of a new Department of Corrections transitional living facility.

The city has an ordinance restricting where registered sex offenders can live, but officials were apparently under the impression that state statutes required an exception for DOC facilities.

“I guess we were thinking that there was nothing that we could do,” Mayor Lorna Marquardt said at a special meeting of the council Wednesday. That turns out not to be correct, she said.

“If we chose to do it, we could put in a stipulation in our ordinance that would disallow sexual offenders from being placed in temporary housing,” she said.

Milwaukee-based Matt Talbot Recovery Services has contracted with the DOC to operate a six-bed facility at 118 S. Union St. According to city officials, the facility is slated to open in mid-October.

The city cannot keep the DOC from contracting with a vendor to operate a transitional living facility, as long as the location is not within 2,000 feet of another community-based residential facility, but there is no state statute preventing the city from applying its sex offender residency restrictions to that location.

The city restricts convicted sex offenders from living within 1,500 feet of any facility where children are likely to congregate, including any facility used for or that supports a school for children, licensed day care center, library, park, recreational trail, playground or place of worship.

The Union Street location is within 1,500 feet of a park, library and the Shawano Recreation Center.

According to the city’s ordinance, an exception to the rule kicks in if the convicted sex offender “has been placed in a temporary living center by the Department of Corrections under electronic monitoring and said person meets with the Sexual Predator Ordinance Committee as requested.”

Though the Union Street facility could temporarily house a variety of recently released felons, most of those placed there are likely to be registered sex offenders.

Police Chief Mark Kohl said the bulk of recently released felons housed in transitional living placement facilities are sex offenders.

According to the state’s Sex Offender Registry website, the DOC has seven registered sex offenders housed at the New Era House, 105 E. Richmond St.

The DOC’s contract with New Era House expired last August, but the state has continued to house recently released offenders there until a new location could be found.

Marquardt said it is assumed at least six of those sex offenders would be moved to the new facility on South Union Street when it opens in October.

Marquardt said there are pros and cons to consider if action is taken to ban sex offenders from the DOC facility.

“Some people say it’s better if we know where they are,” she said.

However, Marquardt said, she has concerns about the lack of supervision proposed at the Union Street location.

“I would feel better if there was someone who actually was supervising these people in this home, but Talbot has told us previously that they don’t have an on-site person,” she said.

The residents will be on electronic monitoring, however, and will be checked by Talbot staff and DOC agents.

Marquardt said another option for the city could be to allow sex offenders at the site, but only if they’ve been approved by the sexual predator ordinance committee.

Council members were unanimous in their consensus that the city should revisit the ordinance when the council meets on Wednesday.

“With the outcry I have had on this from people, absolutely,” Alderman Bob Kurkiewicz said. ..Source.. by Tim Ryan

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September 7, 2015

Sexting teen accused of sexually exploiting himself

9-8-15 North Carolina:

How's this for prosecutorial logic run amok: a teenage boy in the US is facing charges for sexting his girlfriend. He's now 17 years old. Under North Carolina law, that makes him an adult, which thereby makes him eligible to face felony charges of sexually exploiting a minor by sexting.

So far, so logical. But let's add some super-duper stupid sauce to this souffle - because he sexted selfies when he was 16, he now stands accused of exploiting himself.

The Fayetteville Observer reports that the boy - who was the quarterback of his high school football team until the charges forced him to resign - has been hit with five charges of sexually exploiting a minor: four for making and possessing two sexually explicit pictures of himself and one for possessing a copy of the picture that his girlfriend took of herself and willingly sent to him.

Because he's considered an adult - in the US, the states of New York and North Carolina consider 16 to be the age of adulthood for criminal purposes - he's looking at a potential prison sentence of up to 10 years.

So far however, the prosecutors sound like they're inclined to iron this out without ridiculously draconian sentencing.

His girlfriend, who willingly sent him explicit pictures about a year ago, was also charged with felonies related to being her own child pornographer. She has already been let off on a plea bargain that included dropping the felony charges against her.

The Cumberland County Sheriff's Office had concluded that she committed two felony sex crimes against herself and arrested her in February.

She was listed on a warrant as both the adult perpetrator and the minor victim of two counts of sexual exploitation of a minor: second-degree exploitation for making her photo and third-degree exploitation for having her photo in her possession.

On 21 July, the girl admitted in court that she was responsible for the crime of disseminating harmful material to minors, which is a misdemeanor and which doesn't require her to register as a sex offender.

District Court Judge Stephen Stokes put the teenage girl on probation for a year. He also ordered her to pay $200 in court costs, to stay in school, to take a class on how to make good decisions, to refrain from using illegal drugs or alcohol, to not possess a mobile phone for the duration of her one-year probation, and to do 30 hours of community service.

If she'd been convicted, she'd have been compelled to register as a sex offender for the rest of her life. Unfortunately, the boy in the case is still facing this prospect.

Keep in mind that when it comes to sexual intercourse, the kids did nothing illegal, if they in fact did have sex.

Sex between consenting 16-year-old teens is legal in North Carolina, and the age dips even younger than that for teens who are less than four years apart in age.

Taking and sending pictures of your genitals, however, is not legal, if you're a minor and/or sending photos to a minor.

How did the cops even know?

According to Sheriff's Office lawyer Ronnie Mitchell, the two teens didn't share their photos with anyone else, for which we shout a hearty hallelujah! ..Continued on Naked Security.. by Lisa Vaas

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September 5, 2015

Is Springfield's sex offender ordinance in jeopardy? City Council to discuss issue

See also: Sex offender ruling has Fall River officials rethinking child safety zone ordinance
9-5-15 Massachusetts:

SPRINGFIELD – The City Council has scheduled a meeting on Wednesday to discuss if the city's ordinance that restricts where registered sex offenders can live is now in jeopardy by a Supreme Judicial Court ruling overturning a similar law in Lynn.

The council will be meeting with a representative of the Law Department to discuss the recent court ruling, and the impact it has on Springfield's sex offender ordinance which was approved eight years ago. The meeting is at noon Wednesday in the council chambers at City Hall.

"We have an ordinance that is likely impacted by the ruling," Council President Michael Fenton said. "The purpose of the meeting is to evaluate what action if any will be required to alter our municipal ordinance."

Fenton called the meeting, as requested by Councilor Bud L. Williams.

Williams said the ruling creates "serious concerns" as the Springfield ordinance, designed for the protection of children, is aimed at keeping sex offenders from living near places such as schools.

The Supreme Judicial Court ruled that Lynn had no legal authority to adopt its 2011 ordinance because it is inconsistent with state laws governing the oversight of sex offenders. Lynn's law prohibited Level Two and Level Three sex offenders from living within 1,000 feet of parks or public, private or church schools. The levels are state designations reflecting those with a moderate chance of reoffending and those most likely to reoffend, respectively.

In Springfield, a registered offender "is prohibited from establishing a permanent residence or temporary residence within 500 feet of any school" with some exemptions.

The Springfield ordinance also created "child safety zones" that prohibited sex offenders from entering a school unless specifically authorized, and also prohibiting an offender from entering a park or other recreational facility when children are present, among other provisions.

Fenton said he will ask the Law Department for guidance, and believes there could be a number of future outcomes.

"If it has invalidated our ordinance, then we will consider appealing it," Fenton said. "If it has invalidated some but not all of ordinance, then we will amend it accordingly. If it requires us to reconsider the way the ordinance is written to preserve its spirit, we will rewrite it to be reconciled with the court decision."

The council meeting is not a regular meeting, but listed as a "Committee of the Whole" meeting, for discussion of the one item on the agenda.

Mayor Domenic J. Sarno has also raised concerns about the court ruling. ..Source.. by Peter Goonan

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