Wednesday, January 30, 2008

OH - Judge considers changes in sex offender law

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01/30/2008

TROY — A Piqua man convicted in 1999 of a sex offense told a Miami County judge this week the new sex offender classification law that would require notification of his neighbors would vastly change his daily life.

"I wouldn't want to go outside anymore," Brian Cassel said.

If challenges to the registration and notification law effective Jan. 1 are not successful, Cassel, 29, will be required to register with the sheriff every 90 days for the rest of his life and have neighbors notified of his sex offender status.

Before the changes — which opponents such as Cassel's lawyers Jose Lopez and Andrew Pratt of Troy claim are unconstitutional — were approved last year by the Ohio General Assembly, Cassel's neighbors were not notified and Cassel had to register annually for 10 years.

He was convicted of sexual battery in Athens County in 1999 as part of a plea deal in which he was sentenced to a year in prison and labeled a sexually oriented offender. He testified Tuesday he had no prior or subsequent offenses. He was notified last fall by the Ohio Attorney General that, under the new law, he will be a Tier III sex offender, the toughest classification level.
- So he was sentenced before this law came to be, and is being punished again by retroactive laws, so yeah, it's unconstitutional and he should NOT be made to obey these laws. Why don't we just go back in time, and repunish ALL criminals???

Judge Jeffrey Welbaum will consider written arguments from prosecutors and Cassel's lawyers before issuing a ruling on whether to issue a temporary restraining order against implementation of the law. Several challenges have been filed across the state.


HI - Wife Defends Husband Convicted In Internet Sex Sting

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01/30/2008

HONOLULU -- The wife of a man convicted of being an Internet sexual predator stood by him on Wednesday in state court.
- Yeah, it's called "Wedding Vowes!" Remember those?

Accountant Daryl Godfrey Lee, 55, was convicted of trying to arrange sex with an underage girl who was actually an undercover police officer.

Despite evidence he was explicitly training a girl for sex, Lee's wife supported him.
- Training a girl for sex? What does that mean?

"I love him with all my heart. I love him with all my soul, and I will stand by him no matter what. I will be with him always," Darlene Lee said.
- Good for you, for sticking with the wedding vowes, which has been lost in this society.

"I just want to spend the rest of my life, making it up to my, excuse me, making it up to my wife, family and friends," Daryl Lee said.

Judge Richard Perkins gave Lee the minimum sentence allowed under the law: one year in jail with five years probation. He allowed Lee to remain free until March to finish his current accounting contracts.


CANADA - Cyber vigilantes change online crime fighting

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They have apparently not checked out Corrupted-Justice.com, who are ex-PJ members and will show you the TRUE FACE of Perverted-Justice.

01/30/2008

As the online sex trade balloons and police struggle to keep up with the growth, a new breed of cyber-vigilantes is popping up.

Individuals and groups such as Perverted Justice have dedicated themselves to catching sexual predators online. Usually they pose as children on online chat rooms to trap people propositioning youths.

But police in Canada actively discourage such measures, saying they are unsafe.

"They're problematic," said Staff Sgt. Rick Greenwood of the National Child Exploitation Co-ordination Centre.

"The significant problem is the fact that they are creating another risk. As an offender travels to a neighbourhood to meet with that person ... you are putting other people at risk of them offending along the way."

Greenwood said the phenomenon has popped up around the globe, but is rarely successful.

"You'll find very few, if any, successful prosecutions. We know from the American organizations that they do not participate because of the problems they've had with the court process," Greenwood said.

Perverted Justice, which is based in the U.S., but has a Canadian chapter, claims to have helped prosecute 264 online sex offenders. But on its website, the group rails against some jurisdictions that refuse to co-operate with it.
- Of course they do, they go after anybody who does not think like they do.

RCMP Corp. Dave Fox said he doesn't believe any such people are currently operating in Nova Scotia.

"We discourage it. They could potentially put more kids at risk than they're trying to save," Fox said.

"Once we identify a target, if we're going to be communicating with this target online, there's a number of provisions of law we have to adhere to."

Fox said anyone who encounters a sexual predator online should report the event to cybertip.ca, which he calls a neighbourhood watch for the Internet.


Entrapment endangers public

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01/30/2008

Every so often, you may hear the local news report that police have arrested person X for selling drugs to undercover cops. Perhaps you are a fan of the popular Dateline NBC show “To Catch a Predator,” in which a decoy poses as a minor and chats online with potential sexual predators. The police and the show both catch “criminals” through a tactic known as entrapment, but how ethical is the use of those controversial techniques?

An electronic law library defines “entrapment” as the act in which a person is “induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit.” Basically, entrapment uses trickery and deceit to make a person do something that he or she might not do under normal circumstances.

For example, in “To Catch a Predator,” a person affiliated with NBC poses as a young adolescent and talks to suspected sexual abusers in a suggestive manner. Eventually, the minor and the adult arrange a potential sexual liaison. When the adult reaches the meeting place, Dateline correspondent Chris Hansen and a camera crew greet him, and Hansen and the purported sex offender discuss the offender’s creepy infatuation with children. Usually, the conversation ends with the cops arresting the offender, and suddenly, there is one less pervert terrorizing the world.

I wholeheartedly believe that this show’s motives (and the motives of undercover cops posing as drug addicts) are relatively pure. The idea of entrapment seems appealing; after all, a potentially dangerous individual can be caught in a criminal act and apprehended before the suspect actually causes any harm. Theoretically, the community is a little safer.

However, entrapment seems morally wrong. No one will ever actually know if the targeted individual would ever commit the crime in “real life.”

The undercover cop is probably a little more adamant than the typical drug buyer. The police officer’s behavior makes the crime much more appealing to the potential criminal since the situation just falls into place.

I am not suggesting that the use of undercover cops or fake minors should completely stop. Without a doubt, some legitimately dangerous people end up getting arrested. Some legal rules ensure that true criminals cannot win with an entrapment defense. According to the Online Lawyer Source, “Defendants requiring little or no inducement to commit crimes find entrapment difficult to prove, as they appear predisposed to criminal behavior.”

Despite the fact that certain rules exist concerning entrapment, there’s still the possibility that a relatively harmless person could spend time in jail or could unfairly be labeled as a “child molester.” After all, abstract ideas like intent and predisposition are pretty difficult to prove in court. No one will ever know for sure what was really going through the perpetrator’s mind when he or she committed the crime.

In theory, entrapment is a great way to prevent future crimes; in fact, it strongly resembles the idea of preemption. However, I still worry about all of the innocent people rotting in jail just because they were unfairly manipulated into an illegal situation.

--Aimee Sobhani is a freshman in the College of Arts and Science. She can be reached at aimee.f.sobhani@vanderbilt.edu


OH - Sex offenders file suits for privacy

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Keep it up Ohio, swamp the court system....................

01/30/2008

KENT - Portage County has joined a growing list of Ohio county courts fielding a rash of civil complaints about a new federal sex offender registry law.

A public record search showed that out of the 157 registered sex offenders in Portage County, 42 have already filed civil suits opposing the Federal Adam Walsh Act, a newly enacted law that requires more frequent registration and uniform nationwide reclassification for registered sex offenders.
- I'll be glad when it's 157 law suits!!! This is just wasting so much money, and all because people are blind and cannot see the fear-mongering going on by congress.

According to Portage County Public Defender Dennis Lager, there are several platforms for contesting the law.

"The challenge is going to be about retroactive law," said Lager. "You're going to see double jeopardy, at least."
- Oh, that is not all. Many aspects of the Constitution are being broken...

So far, Lager's office has sent 10 pro se packets - legal instructions for individuals representing themselves - to people seeking to challenge the law as unconstitutional and a violation of their civil rights. An Ohio statute gives registered offenders 60 days to challenge the new law or their right to refute could be waived.

Ted Hart, deputy director of communications for the Ohio Attorney General's office, said he believes implementing the new federal guidelines will be advantageous to the state of Ohio.

"The biggest benefit is sex offenders will be more easily identified as they move across the country," said Hart, referring to how the federal requirements of the act require all states to adopt the same classification for registered sex offenders.

Before the implementation of the new law, Ohio designated offenders as sexually oriented offenders - the least severe - to habitual offenders and sexual predators at the more serious end of the spectrum. The new system is based on three tiers.

The state of Ohio began enforcing the law at the beginning of January.

Hart explained the law as "offense-based," which means those who commit the most severe crimes receive the stiffest penalties.

According to a letter from the Ohio Attorney General's office in early December, "tier three" offenses, the most serious sex crime category, will require registered offenders to register every 90 days for the rest of their lives - including juvenile sex offenders older than 14 years old.

However, when asked about the civil suits popping up across the state, Hart said the Attorney General's office anticipated the challenges.

"We are not surprised that there are challenges to the new law," he said.

He explained that the office would "review each case" and that they would immediately comply with any stop orders issued to the office. As the issue of the constitutionality of the law is being decided, Hart did stress that carrying out the law was still important.

"Enforcement is the responsibility of the local sheriff," he said.

Several phone calls to Portage County Sheriff Duane Kaley were not returned.

According to Vicki Bennett, assignment commissioner for Portage County Common Pleas Court Judge Laurie J. Pittman, hearings are scheduled to begin February 27. Bennett said she believes that Common Pleas Court Judge John A. Enlow will begin to hear cases in mid-February.


UT - Pilot program for sex offender supervision passed by committee

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01/30/2008

The House Law Enforcement Committee Tuesday opted not to vote on a scaled-down bill aimed at intensifying the state's efforts to reduce sex offender recidivism after representatives of the Utah Department of Corrections testified against it.

The committee opted to move the substituted version of HB109 (Substituted Bill) to its next agenda. The bill, sponsored by Rep. Greg Hughes (Email), R-Draper, was scaled down from its original statewide reach to create a one-year pilot program for a single region with 750 sex offenders. The bill's fiscal note is $495,000.

For that region, DOC would administer a "multi-domain assessment" to registered sex offenders it supervises in the community at least every 16 weeks during the first year that offender is supervised, every 12 to 26 weeks for an unspecified time period after that.

"We're saying we believe it's time to consider a pilot program for a year," Hughes said. "It is a way to bring out innovations."

Larry Bench, research consultant for DOC, said the bill would require using "a tool that is not validated," and said the state is being innovative. "We are using a number of tools that have been thoroughly researched," he said. "What is at stake here, the Department of Corrections is being asked to spend a lot of time and expense to validate a tool."
- What tools? And I'd like to see the research that was done? I doubt there is any!


PA - New identification technology used by police criticized as being potentially invasive

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Here comes Big Brother... Why don't you all just volunteer your DNA so it can be placed into a database, get an RFID chip implanted into your right hand or forehead so you can all be tracked like dogs, quit your job, then stay in your house 24/7/365? That is the only way you are going to feel safer, but even then you won't be 100% safe. We will all be tracked like animals in the near future, just wake up and see, it's happening before everyone's eyes, and they are all blinded and cannot see it. They even call me a conspiracy nut, so be it, whatever you want to call me, but watch and see....

01/30/2008

Since 1991, law enforcement has worked to develop more and more comprehensive listings of sex offenders not only to aid its investigations but also to protect citizens. After the initial success of Minnesota's Sex Offender Registration Act, the nation as a whole has worked to continuously improve a detailed, national registry of sex offenders, most notably as of late with the Adam Walsh Child Protection Act. This series of legislation has benefited not only law enforcement agencies, but also various individuals and organizations, ranging from Boy Scout troops to daycare centers, in their attempts to screen out convicted offenders.

While the benefits of the creation of a national database have been undeniably beneficial in many ways, detractors point out that not all the results have been positive.

Criticisms range from the creation of legal situations involving double jeopardy to the negative psychological effects on the offenders themselves, and have garnered much attention from civil rights groups. Such groups, especially the American Civil Liberties Union (ACLU), have recently been concerned with the recent, localized implementation of a new method of tracking sex offenders: iris scanning.

Quick, relatively simple, although yet unproven and legally unconfirmed, iris scanning technology has been recently developed by BI2 Technologies in Plymouth, Ma., enabling law enforcement agencies to scan the eyes of convicted sex offenders and place those images in a database that would potentially be nationally available.

Unlike usual fingerprinting identification, this type of identification provides dozens more unique points of identification that cannot change over time or be altered in any way, including Lasik surgery.

Several sheriffs' offices in Massachusetts, New Mexico, California, and other areas have already invested in this type of technology and are beginning to build up their own databases to be integrated with those currently in existence. Established laws have already created widely accessible databases with extensive amounts of information on registered offenders.

In Pennsylvania, registered sex offenders' names, photos, and addresses can be found by anyone with access to the internet at www.pameganslaw.state.pa.us. The convicted persons can be searched for by their names or simply by the geographic area they live in.

While the Web site publishes a disclaimer that the information is only to be used for "community safety purposes" and not for intimidation or harassment, objectors claim that making this information so readily available poses more problems, especially the "unconstitutional" addition of punishment via public shame.

Organizations like the ACLU are quick to point out that these concerns could only be aggravated by the addition of a database of iris scans. They suggest that police could potentially use the iris scanning technology to quickly access individuals' information, then decide how to proceed in various situations based on knowledge of past criminal records.

Quick to point out the potential for parallels between our law enforcement agencies and those depicted in Steven Spielberg's 2002 film "Minority Report," critics of iris scanning are wary of the many ways in which such technology could be abused to the detriment of convicted criminals and ordinary citizens alike.

As such technology is adopted more widely, the question of how much individual privacy Americans are willing to give up in favor of open information rises to the forefront, as it seems to with nearly all recently-developed security measures.


NY - Residents Express Outrage, Call For Action

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<-- That sign says a lot. That is ALL these laws will do, make you "feel" safe, but it's only a placebo and does nothing to MAKE you safe. Yep, the sheeple are following along very well. Pretty soon Martial Law will be declared in the name of security, and you will ALL lose your rights. Then don't come screaming!!! See video at the end, to see the insanity!

01/30/2008

Plagued by fear for their children's safety, residents of the Mastics-Shirley-Moriches tri-hamlet area say they want their community to regain a sense of safety. Elected officials joined hundreds of residents for a rally in front of William Floyd High School earlier this month to address three incidents in which adolescents on their way to and from school allegedly have either been attacked or approached by predators.
- It's because congress is using fear-tactics to scare everyone. Out of all the 630,000 sex offenders in this country, how many children have been killed by sex offenders? Maybe about 10 or less. If all sex offenders were problems, millions of kids would be vanishing and being killed. This is all fear propagated by the government so they can declare Martial law, or worse... Next you will all be tagged like animals and tracked, in the name of security, watch and see!!!!

In the wake of these events, the Suffolk County Police Department has made two arrests. On January 7, a girl who got off the bus after arriving at William Floyd High School left school grounds and allegedly was attacked in a trailer across the street from the school. Two days later, police arrested Gary Meenahan, 45, of Shirley, and charged him with sexual abuse in the third degree, attempted criminal sexual act in the second degree, and criminal impersonation in the first degree. Meenahan allegedly posed as an undercover police officer while holding the girl against her will.
- So you see, this was NOT a sex offender... He committed a sex crime, and is now or will be shortly, a sex offender. But you see, it's the unknown sex offenders who you need to worry about, not the ones who are not a threat. So you better watch your mother, father, uncle, aunt or other family members very closely.

A week later, on January 14, a William Floyd High School freshman walking to school reported that she was attacked, but fought off the predator. Then, just two days later, a man unsuccessfully tried to lure a girl into his automobile while she was waiting at her bus stop with a fellow student. When the school bus arrived, students told the bus driver, who called 911, then reported the incident to the school office. Police arrested Wayne McGowan, 39, of Mastic Beach, last week for his alleged connection with the latest incident. He is charged with stalking in the third degree and aggravated unlicensed operation of a motor vehicle in the second degree. McGowan is on federal probation and facing additional charges in connection with violating the terms of his probation, according to the SCPD. Federal probation officers assisted the SCPD in this investigation.
- Yep, another one. He's currently a criminal, but not a sex offender. So again, how is any sex offender law going to protect you from the unknown people? They are the ones doing the crimes, not current sex offenders. Granted, some are, but the vast majority are NEW people who have not committed a sex crime before. So nothing about these laws will protect you.... Why are we not working on figuring out why people do this in the first place instead of just pushing the problem off to someone else? Stop the insanity! Or nothing will change!!!

Suffolk County Police Commissioner Richard Dormer said investigations to date reveal that the events are not related, nor are they connected with any of the registered sex offenders living in the area. "There is no connection between the first incident and the other two, and our preliminary investigation shows that all are isolated incidents and that the arrest on the first is not a registered sex offender," Dormer explained. "Having said that, these are serious crimes, and we will be working with the school and community to keep an eye on the community, which is appropriate given the three incidents and that the kids and community are upset."
- Hell, if you all want to "feel" safe, why don't you go down to the local police station and let them insert and implantable chip inside you, so you can "feel" safe? That is what you want, right? Unknown people are committing these crimes, not registered sex offenders. When are you going to wake up, look at the facts, and not ignore them? As long as you ignore the facts, then the problem will continue.....

Suffolk County Executive Steve Levy requested that police implement an initiative aimed at deterring future attacks. According to Dormer, the plan includes a marked police presence around the community; the use of video surveillance at undisclosed locations throughout the community; and safety presentations by personnel from the Department of Probation to female students in the district's three secondary schools.
- Yep, we are going to be just like Britain, with Big Brother (cameras) on all corners, due to the fear-mongering congress and others are spreading. Come on, do it now and lets get this BS over with. Put cameras everywhere, implant everyone with a GPS tracking chip so we can all be tracked like animals, declare Martial Law, and lets go full Nazi!! Might as well, that is where all this is heading, which you sheeple cannot see it because you are in denial and don't want to admit I am right... WAKE THE HELL UP!!!!!!!!!!!!

The crime rate has been declining in these communities, according to Dormer, who noted that in Shirley serious crime has fallen by 21.9% from 2003 to 2007, and by 23.6% in Mastic Beach over the same period. But he stressed that police will be "working closely with residents and officials in providing specialized attention" to address the recent string of attacks.

However, residents assert that their community bears the brunt of convicted criminals in their neighborhood - be it sexual abuse, robbery or drugs. William Floyd High School alumnus James DeFato, a 14-year resident of Mastic Beach, said the community has evolved into a place where he believes it is no longer safe for his sister, a ninth-grader at the high school. "I'm very angry and pretty concerned because it's not even safe to live on our block with a level three sex offender who was convicted on two counts of rape with a deadly weapon who is living two houses down the road," DeFato said. "This has become a dumping ground."
- There is not a single place in this world you can be safe all the time, none. You need to wake up, you are not in wonderland anymore. Who are you kidding?

Law enforcement and placement of a police substation are a part of what could be the solution to a "flooding placement of parolees" by the county's Department of Social Services, according to John Sicignano, president of the Mastic Park Civic Association and second vice president of Affiliated Brookhaven Civic Organizations.

"We need another substation in this area," Sicignano said, pointing out that "when you dump and earmark one area for poverty, poverty breeds crime in these areas than in the more affluent areas." He added that "the DSS gets a list of low rentals and they are placed in these areas. Every community has poverty, but for us to take Setauket's or other North Shore communities' poverty is not fair ... With government agencies dumping people in need in our community, how can we get out of the low to middle class?"
- So fix the poverty problem, building more police stations will not help, crime will still be around. Why do people commit crime in the first place? Why aren't you looking at it that way? Because you don't want to... If this world was free of crime, you'd not be making tons of money and all be out of jobs, so you see, you create more crime, for your own selfish greedy reasons.

Greg Blass, DSS chief deputy commissioner, explained that the agency "is obligated to provide shelter to homeless in need of food, clothing and shelter." One of the four county shelters previously sited in the Mastic-Shirley area was "closed down a number of years ago," Blass said, "at the urging" of community residents. "Placing of homeless sex offenders is accomplished at an overnight homeless shelter" located at the county jail facility in Riverside, he stated. "They are not placed anywhere else in Suffolk County ... There was a flyer [at the January 19 rally] suggesting that DSS is dumping sex offenders [which] is simply not true," Blass said.
- So you are obligated to provide homeless people with places to stay, but if they are a homeless sex offender? Why is their homeless people? Why don't you get those people an education so they can get a job? Why are you not going after the reasons crime is committed? MONEY, MONEY, MONEY!!!!!

"When an offender completes probation or parole," noted Laura Ahearn, executive director of Parents for Megan's Law, "they are no longer restricted in where they can live other than restrictions that they cannot work in jobs where there are children, and restrictions under the Suffolk County residency restriction law. So when they look to transition they will generally look for lower income housing." Under the county law, convicted sex offenders cannot live less than a quarter of a mile from schools, licensed day care centers or playgrounds.
- What? You see, this person has apparently not read the New York laws pertaining to sex offenders. They ARE restricted to where they can live, work, etc. Another ignorant person who doesn't want to read the facts, but think they know everything. Plus, notice the two conflicting comments in blue? You see, they know not what they are talking about!

Further compounding the issue of housing, Sicignano said, is that Brookhaven Town is not cracking down enough on housing code violators. "Brookhaven Town is in violation of its own [regulations] because they say there should be no more than 10% of HUD [Department of Housing and Urban Development] housing in one community, but that's not true," he said. According to Sicignano, of the 702 HUD-funded houses in the town, 162 are sited in his community. "We have 162 HUD houses - that's a lot more than 10%, and when I asked [Brookhaven Town] Supervisor [Brian] Foley about it, he just fluffed it off," Sicignano said.

While he could not confirm at press time whether the tri-hamlet community has greater than 10% of HUD housing, Brookhaven Town Sixth District Councilman Keith Romaine did say that the area "has more than its fair share of sober and group homes, sex offender placements, and Section 8 housing." The majority of the town board, he added, is looking to create the position of a part-time housing enforcement special prosecutor in the town attorney's office who would represent the town in court and to order immediate tear-downs of unsafe structures. "The special prosecutor would bring expertise in the housing area, and will work with investigators in the town to coordinate how to build a case we can win in court."

Officials from Foley's office insist that the town is stepping up code enforcement. Statistics reported for the tri-hamlet area by town spokesperson Tom Burke indicate that 136 tickets were issued for building code violations in 2005, compared to 349 tickets in 2006 and nearly 600 tickets in 2007. In terms of housing code violations that address illegal apartments in homes and basements, Burke reported that 150 tickets were issued in 2005 compared to 750 tickets in 2006, and close to 900 in 2007.

"It is clear the town has dramatically stepped up enforcement of quality-of-life issues in the tri-hamlet area," Foley stated, "so the argument that the town has been lax on code enforcement in these neighborhoods is clearly disproved by the facts, as we have stepped up enforcement four-, five- and six-fold from what it was two years ago."

School officials have stepped up security measures in the schools as well, said William Floyd District School Board President Robert Vecchio, pointing out that transportation to and from school is provided to the district's estimated 10,000 students. "We have been providing 100% busing for grades K-12 since 2001," Vecchio said, adding that the district is a closed campus where students are not allowed off school grounds for lunch. As for district security officers, Vecchio said the district is budgeted for 90 positions, nearly all of which are filled. "We have redeployed our security staff, and security on campus is tight and secure."

Vecchio advises students to take the bus and not walk whenever possible until more arrests are made. "Since these incidents, there is a notable, increased visible police presence in and around the community during the day and evening, but we're calling for folks to be more vigilant and to watch for their children and for their neighbors' children at bus stops and to pick them up whenever possible, or not to walk anywhere alone," he stated.

Ahearn suggested implementing the buddy system. The best way to keep young children safe, Ahearn said, "is to ensure that you're always walking in a group and they should never be walking alone."

Meanwhile, Vecchio said a meeting is being organized for civic and community leaders living in the William Floyd School District, but the date was not set by press time.
In addition, Ahearn said Parents for Megan's Law is offering free workshops on sexual abuse and abduction prevention for the tri-hamlet area. School or community groups may call 689-2672 for more information.


NC - Lawmaker throws his support behind Jessica Lunsford Act

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If the Constitution means nothing anymore, which apparently is the case, then we are not truly a fascist, communist, nazi country. Welcome to the USSA. May I see your papers please?

01/30/2008

Senate could vote in May on bill named for girl who grew up in Gaston County

SHELBY — N.C. Rep. Tim Moore (Email) trusts the streets will be a safer place for parents and children if the Jessica Lunsford Act passes through the N.C. Senate.

Moore spoke Monday evening to the Republican Women of Cleveland County, stressing the importance of keeping sex offenders behind bars and keeping an eye on them after release.
- Why? Not all sex offenders are violent predators like this jerk seems to think. Stop demonizing all sex offenders. 10% or less murder children, and most will NOT reoffender, if you'd read the MANY recidivism studies, which I have linked on the left of my blog.

Jessica, a native of Gaston County, before moving to Florida, was buried alive and raped by a previously convicted sex offender. Her father has waged a nationwide campaign to toughen laws and punishments regarding convicted sex offenders.
- Again with the word punishment! They say these laws are NOT punishment but restrictive, which is a load of BS. Everyone, even this reporter knows it's punishment, so if this punishment if applied to people who have already been sentenced, then it violates the Constitution and needs to be shot down and fixed so it doesn't apply retroactive punishment, period.

Keeping tabs on released sex offenders will require a financial investment, Moore said, but will ultimately be worth it if it keeps people safe.
- But it won't keep people safe, it's a false sense of security which you are blind and cannot see that. If a true predator wants to harm a child, how is anything these laws are doing going to prevent that?

“The satellite monitoring for sex offenders is much like a leash on a dog, and I want that leash as short as possible.”
- And I'm sure these people don't like being compared to a dog. You are a total ignorant jerk, if you ask me. One who is not willing to listen to experts who will tell you these laws will not work, but only WASTE tax payers money for a placebo!

The Jessica Lunsford Act was filed in February 2007 by Rep. Debbie Clary (Contact) and Moore and passed the N.C. House with a vote of 114-0. Moore hopes the Senate will address the Lunsford Act in their upcoming short session in May.
- It passed because nobody has the balls to stand up FOR the Constitution and peoples rights. You are all cowards if you ask me. It's all about GREED and grant money, not protecting children, if it was about protecting children, then what about the children of sex offenders whom you are also punishing, along with the rest of the family. This is nothing but a placebo. It will not stop a true predator who is intent on harming another child. I cannot believe everyone in this country is so filled with hate and blind and cannot see? The sheeple are following along with the "dictators" very well.

The Jessica Lunsford Act:
Creates a mandatory minimum of at least 25 years in prison for first-degree sex offenses between an adult over 18 and a child under 13.

Creates lifetime GPS satellite monitoring. Sex offenders will be monitored via GPS so they do not enter places they aren’t supposed to.

Helps create community awareness of sex offenders by sending out notifications to neighborhoods and public services such as schools.


WI - Ex-prison guard headed to prison

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01/30/2008

Related coverage:
Lawsuit alleges women abused by prison guards
Prison guard convicted of having sex with female inmate

A former guard at the Huron Valley Women's Prison in Pittsfield Township was sentenced Wednesday to 43 months to 15 years in prison for sexually assaulting a female inmate in 2005.

Jody Nunn, 38, is also a defendant with the state Department of Corrections in a civil trial expected to wrap up today/Thursday in Washtenaw County Circuit Court.

In that case, about 500 current and former inmates of women's facilities around the state say they were raped and assaulted by corrections officers throughout the 1990s and as recently as 2005.

Nunn was convicted last month on two counts of second-degree criminal sexual conduct. Circuit Judge Archie Brown sentenced him above state guidelines, which called for 36 months on the bottom end of his sentence.

Nunn, of Detroit, was charged after State Police concluded he had sex with the inmate on March 10, 2005. The victim, who is a plaintiff in the civil case, gave pieces of flannel shorts containing Nunn's semen to one of the attorneys. Testing showed the semen matched Nunn's DNA.


TX - DNA reveals true perpetrator in 1982 Dallas County rape

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01/30/2008

DALLAS — The dramatic events that culminated Wednesday in prosecutors identifying the real rapist in a 1982 crime that put the wrong man behind bars had the simplest of starts: a basic Internet search.

"I typed in 'aerobics' and 'sex assault'," said Matt Kelley of the Innocence Project, a New York City-based legal center that specializes in overturning wrongful convictions. "And sure enough I got this guy."

That would be Sidney Alvin Goodyear, the man the Dallas County district attorney said was guilty of the crime that sent Steven Charles Phillips to prison for 25 years.

Goodyear won't be prosecuted, though. He died 10 years ago in prison at age 50.

The Innocence Project stumbled across Goodyear's name about 18 months ago after lawyers there decided to take on Phillips' case. Among the crimes for which Phillips was behind bars was a series of bizarre assaults in which the perpetrator went into aerobics classes, forced women to disrobe at gunpoint and then made them hold poses.

Kelley, who was part of the team that researches the cases of new clients, ran across a 20-year-old newspaper story about Goodyear, who was convicted in California for similar crimes in 1982. The story mentioned Goodyear had also lived in Texas.

"How many people could be breaking into aerobics classes and making people pose?" Kelley said. "It just seemed so rare to me."

Phillips — who has acknowledged a history of exposing himself and spying on women — was found guilty of aggravated sexual abuse, aggravated rape and burglary of a habitation in connection with the May 1982 home invasion and sexual assault of a Dallas woman. He was sentenced to 30 years in prison.

Prosecutors then charged Phillips in eight sex crimes in other cases, believing the string of assaults were committed by the same man. Phillips, fearing a life sentence if he were convicted by a jury, pleaded guilty, said his lawyer, Jason Kreag, a staff attorney with the Innocence Project.

Phillips was released in 1996, but his parole was revoked a year later when he was arrested for peeping into an apartment. He stayed in jail until last month, when he was again released on parole.

DNA testing last summer excluded Phillips in the 1982 home invasion case, making him one of 15 Dallas County men exonerated by DNA evidence since 2001 — more than any county in the nation. It also cast into doubt his guilt in the eight cases to which he pleaded guilty.

"Law enforcement at the time took the stance that if he was good for one, he was good for all of them," said Mike Ware, a Dallas County prosecutor who heads up the Conviction Integrity Unit.

The Innocence Project mentioned Goodyear as a possible suspect, and that name struck a chord with Dallas prosecutors. Goodyear's name appeared in Phillips' case files.

Goodyear, Ware said, "was picked out in a photo spread as the perpetrator in one of these cases that Mr. Phillips pleaded guilty to. And I believe he was put in the photo spread because he had become somewhat notorious."

Ware said a warrant was issued for Goodyear in that case but he was never arrested. Records from the time don't explain why, Ware said.

Although Goodyear was dead, blood samples were still available from his autopsy. A comparison of samples from the 1982 sexual assault and Goodyear's autopsy were a match, Ware said.

When he died, Goodyear was serving a 45-year sentence for burglary of a habitation with intent to commit sexual assault with a deadly weapon. He had admitted committing a series of similar offenses all over the country, prosecutors said.

Phillips' post-conviction DNA test was the first to be approved by Dallas County District Attorney Craig Watkins, who took office one year ago and is working with the Innocence Project of Texas to identify inmates with convincing claims of innocence. A previous claim by Phillips for DNA testing had been denied by one of Watkins' predecessors.

"Being able to free an innocent man for a wrongful conviction is certainly one form of justice, but being able to go back and identify the real perpetrator is the ultimate justice for the victim," Watkins said.

Phillips' attorneys said they will now attempt to clear his name in the other cases. Ware said prosecutors "will look at each one individually."

In 80 of the 212 DNA exonerations in the United States, DNA evidence eventually led authorities to the true perpetrator, according to the Innocence Project. In 29 cases, the true perpetrator has been convicted.

In Texas, nine of the 30 DNA exonerations have led to convictions of the actual perpetrators, Innocence Project spokesman Eric Ferrero said.


UT - Pushing for 'Jessica's Law'

View the article here

So you can see the types of people making and passing these laws, who assume all sex offenders are "monsters", here is Carl Wimmer's respond to me, in blue below. I basically sent him this info, and he responds with this typical ignorant answer!

"When are we going to set aside fear, hate, rage and anger"

Answer: When sick monster stop molesting children, that's when!
- Well Mr. Wimmer, you are assuming all sex offenders are "monsters" and if you'd look at the FACTS then you'd find out you are ignorant and old and need to retire, you apparently do not know what the hell you are doing...

Thank you for the free publicity by placing my comments on you blog. By the way, were in Utah sir, not Georgia.
- Oh, I'm sure the public would want to see those comments, so they know who you really are, so yeah, no problem, I'll leave it there for all to see who you really are, along with these. I know you are in Utah, I did enter your email address. I am not stupid you know, which you apparently think I am. Hell, if you want publicity, why don't you read my blog and post more ignorant comments? I'd love to see them here...

01/30/2008

If "Jessica's Law" is to make it through the Utah Legislature, her father might be one of the reasons.

Mark Lunsford, a Florida man whose 9-year-old daughter was raped and murdered by a convicted sex offender in 2005, arrived in Salt Lake on Tuesday night and will speak with legislators this week.

"His story puts tears in your eyes," said Utah Rep. Paul Ray (Email), R-Clearfield. "But as sad and as heart-wrenching as it is, it helps."

Lunsford has criss-crossed the nation over the last three years, advocating tougher laws against offenders who abuse young children.

"My daughter can't talk, so I have to speak for her," Lunsford said Tuesday night at the Salt Lake International Airport.

Too many repeat offenders are allowed back on the streets, he said. He believes tighter laws would have saved his daughter's life.
- Maybe if you would've locked the door that would've saved Jessica as well. I'd like to hear how you think tougher laws would have saved your daughters life!

A number of states have already adopted variations of Jessica's Law. Ray said Utah lawmakers felt pressure to follow suit last year, but saw problems with the laws being passed around the nation.

"We took a beating last year for holding off," he said. Now, Utah's version of the law, HB256, might be one of the toughest.

"It's the best one in the nation," said Rep. Carl Wimmer (Email), R-Herriman, the bill's sponsor.

The law would up the penalties for certain sex offenses against children. It would also increase penalties for those who strike plea agreements, pleading guilty to "attempted" offenses.

Rape of a child, sodomy on a child and object rape of a child could carry 25-years-to-life sentences. "Attempted" charges would get a standardized sentence of 15-years-to-life.

The measure grants the judge the ability to impose a lighter sentence, but only if a reason is put on record, Ray said.

HB256 was approved unanimously by the House Law Enforcement and Criminal Justice Committee last week. By the end of the session, Lunsford believes "Jessica's Law" will be ready for the governor's signature.

"It's not what we hope to accomplish," Lunsford said. "It's what we will accomplish."


OH - Officer benched over porn images - D.A.R.E. instructor used city's laptop, police report says

View the article here

01/30/2008

A veteran Dublin police officer could learn next week whether he'll be punished for downloading hundreds of pornographic images while working as the school resource officer at Dublin Scioto High School.

Since October, Officer K.C. Jones, a 17-year Dublin officer and a D.A.R.E. instructor for Dublin schools, has been reassigned to a desk job and ordered not to contact staff members or students at the school.

Jones, 50, had been viewing images that depicted young women dressed as schoolgirls, according to an internal police investigation completed Friday.

The sites included High School Cheerleader and Kinky Catholic Schoolgirls , according to a police report.

The investigation said Jones violated several departmental rules but did nothing criminal because it couldn't be determined whether any of the people in the pictures were minors. The investigation recommends "significant discipline," including removing Jones permanently from working at schools.

Dublin Superintendent David Axner said Jones has not worked at the high school since the computer images were discovered in the fall.

Jones declined to comment.

During interviews with police officials, he admitted using Dublin's laptop to download the images, the report says. He also said he'd been misusing computers at both the school and police headquarters for six years.

Jones faces a hearing on Monday to answer departmental charges of conduct unbecoming an officer, prohibited use of city equipment and violating direct orders, which is related to him contacting a teacher at the school.

Many of the images were stored on the same computers, portable drives and compact disks that contained presentations Jones has used for Dublin's D.A.R.E. anti-drug/anti-alcohol program since 1997.

For example, an image of a woman wearing a wet T-shirt was in a computer folder titled "lesson plans."

"The risk of these images being displayed in a damaging situation was extreme," Dublin Police Lt. Heinz von Eckartsberg wrote to Dublin's police chief.

Authorities began investigating Jones in October, after a police sergeant who was substituting for him discovered pornography on a digital storage card from Jones' Dublin police camera. Also, an assistant superintendent had given Jones a computer flash drive with pornography that he had discovered in April. The administrator thought the pornography belonged to a student. The investigation found that Jones downloaded it and didn't tell anyone.

Jones, who had been at Dublin Scioto for four years, visits other schools for D.A.R.E. to educate children about the dangers of drinking and drugs and about dangers on the Internet.

Jones was named Ohio's D.A.R.E. Officer of the Year in 2004. His personnel file shows numerous commendations and letters of praise from both parents and teachers.


John Walsh - Crime fighter, host of TV's America's Most Wanted, 62

View the article here

02/01/2008

It’s the strangest thing that a guy who was very successful at a young age in the hotel business has a son who is murdered, who just tries to change a few laws out of anger, becomes the host of the first reality television program.

Ottis Toole, the man I believe killed Adam, died in jail for other crimes. He was a horrible, horrible person, convicted of many other crimes. And if there is any kind of justice in the next world, which I believe there is, he’ll be held accountable.

Adam was our only child, the light of our life. I had a great father. I named Adam after my father. My father died at 54. I wanted to be a father, and I thought I was a great father.

People come to me with sad things because they know I’ve walked in their shoes. My wife puts it more articulately than anyone could. She says this is a color you’ve never seen, a color you can’t explain and a color I hope you never see.

Florida was the first state to have a missing child clearinghouse and one of the first states to have mandatory background checks of teachers. The Justice Department did a survey of state sex offender registries and how states deal with the exploitation of children. Florida was the only state that got an A. Florida is my model state.

The Adam Walsh Child Protection Act was signed by President Bush in the Rose Garden on the 25th anniversary of Adam’s abduction — a horrible day for us that was turned into a very positive day. It mandated a national sex offender registry. It mandated that every state have a sex offender registry. The problem with Adam’s law is it hasn’t been fully funded by Congress.

I have been so blessed, Reve and I, that, despite all the troubles and problems we’ve had, that we have had three children since Adam. They are street smart. They don’t live in Adam’s shadow, but they know about his legacy. They always speak about how wonderful it would have been to know him.

Lots of parents of murdered children never have another child. Eighty percent of parents of murdered children end up in divorce. All you have in common is the terrible grief, the stress. It drives you, no matter how good your marriage is, apart. We’ve had some really, really unbearably tough times. It generates behavior you never dreamed you were capable of.

Reve is the one who said, as we were spiraling down into hell, that we can’t forgot who the real victim is. Adam went through the kidnapping, the horrible death. We can’t let this beautiful boy’s death be in vain.

Lots of people we put on ‘America’s Most Wanted’ hate me. They don’t want to be held accountable for their actions. They vent their anger and vengeance at me. Those are things I never dreamed I’d be dealing with. I have no choice.

When they came to me and said they would like me to host this program, that there’s a media mogul named Rupert Murdoch who is trying to create this show, I said, ‘Who’s Rupert Murdoch. What the hell is Fox?’

Cops have told me some of these guys would be out killing people if not for your show.

I loved the hotel business. It was my passion. I was a partner with three other guys. We were building a $26-million dream project hotel in the Bahamas. I was very successful. I was living the American dream. That dream turned into a nightmare one day when I went to work and never saw my son again. I lost 30 pounds. I couldn’t function. The hotel business was irrelevant. The opening of that dream project was irrelevant. My partners sustained me, kept me going, paid my bills.

I love Florida. It’s my residence. I don’t blame what happened to Adam on Florida.

Polo. Horses. Motorcycles. Scuba diving. Spear fishing. Hang gliding. I like any kind of dangerous, high-adrenaline hobby I can have to take my mind off all the dark stuff.

Charlie Crist I met years ago when he was the education commissioner, a good one, and then he became a kick-ass attorney general. Almost the first thing he did when he became governor was he got the anti-murder bill passed and he had me at the bill signing. That’s a man who keeps his word.

The internet has become a big hunting ground for sexual predators. Now they don’t have to take the chance of following the school bus and trying to grab a kid off of a playground, although they still do that. Now, they can talk to 40 children and find the one that’s the most vulnerable, the one they can lure.

Kiss your kids every day and tell them you love them. I’ve known thousands of people who have gone to work or somewhere and have never seen their kids again.


NY - Keeping Predators Away From ‘Spacebook’

View the article here

This article shows how little these idiots passing these laws know about the internet. President Bush called the Internet the "Internets" as if there is more than one, and some other senator (don't know his name) thinks the Internet is a series of tubes!!! Why are we allowing people who know nothing about the Internet passing laws about the Internet? Myspace and Facebook already check email addresses against the registry, which is more "false security" and won't work. Anybody who wants to do harm, can create a new identity in a matter of minutes.

01/29/2008

In a bipartisan effort to keep sexual predators from trolling social networking sites like MySpace and Facebook, lawmakers have drafted a bill that would track the e-mail addresses of serious sex offenders and restrict their use of the Internet.

The bill was announced this afternoon and promised a bridging of the technological gap between young and old. “We have to admit that life is different than when we were growing up,” said Assemblyman Joseph R. Lentol (Email). “We have to have educational programs so that parents know about MySpace and Spacebook and…”

Uh, did he just say “Spacebook?”

O.K., well, Mr. Lentol, a Brooklyn Democrat, did admit he was out of his depth. “When we were young, things were different. And we need to pass legislation that reflects today’s world, not yesterday’s world,” he continued. “Old geezers like me have no clue about the Internet and all of its intricacies.”
- So why are old geezers like you making and passing laws about something you know nothing about?

The bill was introduced at a news conference hosted by Attorney General Andrew M. Cuomo (Contact); the State Senate majority leader, Joseph L. Bruno (Contact); and the Assembly speaker, Sheldon Silver (Email). State Senator Dale M. Volker (Contact), a Republican from western New York, is the sponsor of the bill, which has the strong support of Mr. Silver and Mr. Bruno.

The initiative behind the bill is called the Electronic Security and Targeting of Online Predators Act or E-Stop. The legislation restricts certain sex offenders’ (high risk Level 3 offenders defined as those offenders with a “high risk to commit another sex crime) use of the Internet, updating Megan’s Law “for the Internet age.”

E-Stop would require sex offenders to register any and all email accounts and Internet identifiers used in instant messaging, chatting and other forms of Internet communication and social networking with the state’s Division of Criminal Justice Services just as they would register their home addresses. If the said offender creates an email address and doesn’t tell the authorities with 10 days of its creation, he or she is violating the law, Mr. Cuomo said, and could be hit with a violation of their parole or probation.

The bill also gives the division of criminal justice services to pass along the email addresses and identifiers of some sex offenders to the networking sites (so far MySpace and Facebook have committed to working with New York) so that they can remove any sex offenders that have registered their emails with the sites. MySpace and Facebook officials support the bill and said that they would notify law enforcement of any sex offenders they catch using their site’s services.

“We avoid letting our children go to the playground, now. We avoid the opportunity for them to walk to school alone and not have some protection, or go to the mall alone. Yet our children are as much at risk in our own homes as they are anywhere, on our computers,” Mr. Lentol said. “We have to get up to snuff.”

Call it Law 2.0?


Lies, damned lies, and recidivism statistics

Courtesy of "Sentencing Law and Policy"

<-- Click the image to see the Amazon link about this book.

I have some other recidivism studies here and here.

01/30/2008

Thanks to this post at Sex Crimes, I see that the Numbers Guy at the Wall Street Journal has this effective post asking the important question "How Likely Are Sex Offenders to Repeat Their Crimes?" and this related print story about the challenges of getting accurate data on sex offender recidivism. Here are snippets of the blog post from the Numbers Guy:

In debates over laws monitoring released sex offenders, it’s common to hear claims that they’re sure to commit more sex crimes.... But as my print column this week points out, the numbers don’t bear this out. Recidivism rates vary widely depending on which crimes are counted, the timeframe of the studies, and whether repeat offenses are defined by convictions, arrests, or self-reporting. But even the author of a widely published report suggesting a recidivism rate of 52%, Wisconsin psychologist Dennis Doren, told me of the notion that all sex criminals are likely to re-offend, “There is no research support for that view, period.” ...

The conventional wisdom on sex-crime recidivism, coupled with high-profile sex crimes against children, has helped spur the spate of registry and neighbor-notification laws, even before they could be properly studied for their impact on recidivism rates. Several researchers, including Dr. Doren, say that residency-restriction laws may be counterproductive. Such a constraint “drives them out of their community, and leads to a lack of stability,” said Karen J. Terry, a criminologist at John Jay College in New York. “Those are some of the underlying conditions that caused them to abuse in the first place.” A consensus on how to measure recidivism, and determine its baseline rate, would help evaluate such laws.

This research is expensive and long-term follow-ups are, by definition, slow to produce results. Even if we were to know whether rates have declined in recent years, it would be difficult to isolate the cause. Dr. Doren proposes several alternate explanations for his perception that rates have declined in recent years, including better and more frequent treatment, and closer monitoring.

Critically, the challenging issues spotted by the Numbers Guy attend not only to sex offender recidivism. The US Sentencing Commission did some very interesting work on recidivism a few years ago (see here and here and here), which found among other things that the recidivism predictor used by the the US Parole Commission two decades ago "is a statistically better recidivism risk prediction instrument than" the criminal history categories incorporated by the Sentencing Commission into the sentencing guidelines.

What's most disconcerting, however, is the common reality that even perfect crime rate studies and data about recidivism cannot alone significantly alter the public viewpoints and political debates. As we often see in the context of the death penalty, statistical realities and empirical debates often serve —perhaps sometimes just unconsciously — as cover for the expression of other normative concerns. Though I sincerely hope lots of smart folks will continue crunching public safety numbers, policy advocates need to invest more time in thinking about how to effectively operationalize solid data insights into sound sentencing reforms.


GA - HB 908 - Certain sexual offenders; residency and employment restrictions; repeal certain provisions



View the main page here | Text | PDF

Related article about this bill passing the house

See this article about "FALSE SWEARING"

Notice again, the word PUNISHMENT is in the bill, which they keep saying these laws are not punishment but restrictive! So why is PUNISHMENT in the text?

08 LC 29 3039S

House Bill 908 (COMMITTEE SUBSTITUTE)

By: Representatives Ralston (Email) of the 7th, Keen (Email) of the 179th, Davis (Email) of the 109th, Bearden (Email) of the 68th, Everson (Email) of the 106th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to change a definition; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for definitions; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, is amended by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action.

SECTION 2.

Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows:

"(3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools."
- They added "public libraries" and also are reintroducing the "school bus stops" which have a temporary restraining order placed on that portion of this bill, see here. So they are trying to SNEAK it back into the bill.

SECTION 3.

Said article is further amended by revising subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, by adding a new paragraph to read as follows:

"(10.1) 'Day-care center' shall have the same meaning as set forth in paragraph (4) of Code Section 20-1A-2."

SECTION 4.

Said article is further amended by adding a new Code section to read as follows:

"42-1-15.
(a) As used in this Code section, the term 'individual' means a person who is required to register pursuant to Code Section 42-1-12.
(b) No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.
(c)(1) No individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location in which such individual actually carries out or performs the functions of his or her job to the outer boundary of the child care facility, school, or church at their closest points.
(2) No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location in which the sexually dangerous predator actually carries out or performs the functions of his or her job to the outer boundary of the area where minors congregate at their closest points.
(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate.
(e)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (f) of this Code section.
- IMO it should be illegal for a day care, church, etc to open within 1000 feet of a sex offender, if they are there first, or they may be placing children in danger. Also, if you are rich, then apparently you have rights, but if you were forced to sell your home when this law first came out, and now are not rich and do not own a home before the law came to be, you do not have rights, which is morally wrong. Even renters are entitled to the same rights. If they moved into a hotel/motel, etc and later a church or day care opened up, they should NOT be required to move, but from reading this, you will be forced to move over and over and over again. Also, the wording above makes it appear that all sex offenders are predators, which is wrong.
(2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (f) of this Code section.
(f) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a driver´s license, government issued identification, or any other documentation evidencing where the individual´s habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual´s employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual´s exemption claim.
(g) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years.
(h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.