Thursday, April 28, 2011

NC - Where will the Sex Offenders Go?

Original Article

The new men's shelter if located at the corner of Homestead and MLK would exclude registered sex offenders from both it's emergency and transitional programs. North Carolina law prohibits sex offenders from living within 1,000 feet of a childcare facility and the proposed site would have three childcare facilities within 1,000 feet. That's about 200 kids daily within 1,000 feet and doesn’t count kids who attend church programs and the hundreds of kids who play soccer at Homestead Park.

Social stigmas combined with residency restrictions have created an unintended consequence for sex offenders, homelessness. Homeless camps for sex offenders are a growing concern, see any of the CNN, NBC, USA Today or Time stories below.

WCHL published an article about this issue. In this article, IFC attempts to say that there are no homeless sex offenders in Orange County, despite the fact that the video shows testimony from IFC admitting that they had 2 sex offenders staying at the time of the testimony and despite the fact that one man went to jail in February because he could not find shelter in Orange County ("Homeless man, sex offender, now has address: Prison").


The chart shows 80% of registration violations occurred the current shelter address. This means homeless offenders use the current shelter and do need a place to stay in Chapel Hill. IFC asks for, but does not require identification for men staying on white flag nights (Listen)

Violent offenders who have a high rate of recidivism may stay at the shelter on cold nights - white flag nights - because on emergency nights the intake process cannot check the criminal history of everyone staying at the shelter. The proposed location would bring them into our neighborhoods, near childcare facilities and the park.

Non-violent offenders, who perhaps as young men ran afoul of the law by dating a young woman are also subject to the same residency restrictions. They cannot use the shelter on emergency nights or participate in the transitional program.

These exclusions are disturbing from a social justice standpoint as they discriminate against a needful constituency and create bad public policy by increasing safety issues for our neighborhoods.

ABC News recently ran the following story: Loophole Allows Sex Offenders To Move To North Carolina Without Registering

Will Sex Offenders Stay At Shelter Anyway?

80% of Registry Violation's occurred at the Men's Shelter

A registry violation is when a offender does not register their current address with the Sheriff's Dept. or update a new address.

The North Carolina Sex Offender & Public Protection Registration Programs guide details residential living restrictions for offenders at: NC Sex Offender Registry

Homelessness among sex offenders throughout the nation is on the rise according to media reports.

Florida housing sex offenders under bridge (CNN)
Homeless sex offenders ordered out of woods (MSNBC)
Many sex offenders are often homeless (USA Today)
A Law for the Sex Offenders Under a Miami Bridge (Time)


NJ - State Senate votes to allow municipalities to impose stricter sex offender residency rules

Original Article

04/28/2011

By JULIET FLETCHER

TRENTON - The state Senate on Thursday voted to allow municipalities to pass ordinances imposing strict rules on how close sex offenders can live to schools, parks, school bus stops and child care centers.
- So now, instead of having a statewide law, each and every single county can pass their own laws?  What a nightmare!  Also, how many sex crimes have occurred at either place mentioned?  Very few, most are committed in the victims own home.  This will just force offenders out of jobs and into homelessness, like in Florida and Georgia.

The bill, approved 31-0, would enable towns to block registered sex offenders listed as a high or moderate risk from living within 500 feet of those sites where children congregate.
- Where a person sleeps at night, has nothing to do with "protecting" anybody, but pure unconstitutional punishment!

Local governments also could pass laws requiring a distance of 250 feet between a sex offender's registered address and a school bus stop, although no municipality would be forced to pass restrictions.

The legislation would allow municipalities to enact such restrictions without violating state law that says those restrictions could amount to additional punishment for offenders. The bill puts a significant burden on municipalities to locate new school bus stops and child care centers away from offenders' homes, rather than allowing a municipality to make an offender move.

The bill requires towns that pass the ordinances to put together maps laying out restricted zones where offenders would not be permitted to live.
- Which will probably be the whole town, thus proving they want to exile offenders and create modern day leper colonies.

However, the final determination of where an offender lives would be made by parole board officials, who could review housing options and make "needs-based" exceptions for any offender.
- Oh wow, even more of a nightmare.

Sen. Fred Madden, D-Gloucester, Camden, who sponsored the legislation, said he acted in response to a 2009 state Supreme Court decision that struck down local ordinances that imposed restrictions on where registered offenders may live.

The court ruled that no permissive, standardized language existed in state law to accommodate the creation of those zones.
- Yet he violates his oath of office to defend the constitution and the rights of everyone, circumvents the constitution to get what he wants passed.  It seems the last couple decades is doing this more and more, just like Obamacare!

Madden said his bill puts that language in place.

"This gives a workable way, we hope, for towns looking at this. It was written in a way that hopefully would avoid an unconstitutionality challenge," he said.

That news pleased officials in towns that have tried to pass sex-offender residency laws, among them Galloway Township in Atlantic County. In 2009, the state Supreme Court struck down two ordinances, in Galloway and Cherry Hill, Camden County, that tried to stop registered sex offenders from living in many parts of the municipalities.

Because of those rulings, 118 municipalities, including Ocean City, Millville, Margate, Wildwood Crest, Wildwood, Egg Harbor City and Sea Isle City, had to repeal similar ordinances.

Galloway Mayor Keith Hartman said Thursday that he wanted to see towns attempt to pass residency laws again.

"You don't compromise on the safety of children," he said.
- But there is no proof residency restrictions work.  You are ignoring facts, your oath and the constitution to make yourself look good.

But he acknowledged the bill puts much of the planning on the township's shoulders.

Offenders moving into a municipality would have to avoid the established zones, but Madden and others were less clear on how retroactive the ban would be.
- Anything retroactive is an unconstitutional ex post facto law, period!

Meanwhile, towns must do their own research to avoid putting child care centers and school bus stops within distance of offenders' homes.
- Pretty soon, you will not be able to open any of these facilities, because offenders will be exiled into pockets all throughout the state.

Madden said such a proactive stance is part of government's responsibility to protect its citizens.
- But it's not the governments job to "protect" it's citizens!

"As prime sponsor of this bill, I say if it was in my district, the school district has to move the bus stop," he said.

The bill has been introduced in the Assembly but has not been subject to a committee hearing.


CA - Documents Detail Allegations Against Ex-Officer (Anthony Arevalos) In Sex Case

Anthony Arevalos
Original Article

04/28/2011

Former SDPD Officer Anthony Arevalos Accused Of Eliciting Sexual Favors During Traffic Stops

SAN DIEGO -- Search warrants were opened Thursday in the case of a former veteran San Diego police officer charged with asking women for sexual favors in exchange for ignoring traffic offenses.

The search warrants, dated March 16, 2011, offer new detail into the charges against former SDPD Officer Anthony Arevalos. Arevalos was fired from the police department April 14 as more evidence surfaced in the case against him.

One of the unsealed warrants revealed how an alleged victim called Arevalos' cell phone the day after she claims she was sexually assaulted after the Gaslamp's Mardi Gras celebration in March. Detectives recorded the conversation, which took place the day after Arevalos allegedly pulled the woman over on suspicion of DUI and then took her to a 7-Eleven restroom, where she said he sexually assaulted her.

In that conversation, Arevalos and the woman spoke about his letting her off the hook for DUI. According to the documents, Arevalos said, "I have the paperwork in my hands. No one can make me turn it in. It's up to me to turn it in. If I don't turn it in, then nobody knows about it."

According to the documents, when the woman asked Arevalos what he liked best about their encounter, he responded, "When the shirt came up and the pants went down. I didn't expect your body to be as nice and as wonderful as it was."

Arevalos was arrested two days later. Since then, several women have come forward claiming Arevalos treated them in a similar fashion. According to the search warrants, one of the women was forced to do a field sobriety test with her high heels on because Arevalos said she looked good in them. The search warrants went on to say Arevalos "slipped his hand into her pants, under her thong and into her butt crevice" as he said, "Easy, you're in good hands now."

That same woman told police Arevalos told her if she asked him to spank her he would have let her go.

The search warrants also references a former police officer who told police Arevalos was known to keep photographs of women (citizens) that he would contact during the course of his duties in various stages of undress while performing sexual acts with Arevalos.

The former officer told police the pictures were taken while Arevalos was in uniform and on duty. The officer told investigators Arevalos had shown him the pictures some 15 years ago.

Arevalos faces 18 felony counts involving 5 different women.


The Reauthorization of the Adam Walsh Act (02/15/2011)



Witness List:
  1. Dawn Doran (PDF)
  2. Addendum to Baldwin Testimony (PDF)
  3. Stacia A. Hylton (PDF)
  4. Ernie Allen (PDF)
  5. Truth in Testimony (PDF)
  6. Representative Patricia Colloton (PDF)


OK - Oklahoma House OKs bill targeting sex offenders' housing

Original Article

Comments from eAdvocate:
"This is a perfect example of Legislative Vigilantism. The Ministry has found a way to keep registrants compliant with all of their needs, and lawmakers come along and break it up with a nonsensical "you can't live together" law. What are Lawmakers reason, are they afraid of a Army developing, I cannot think of a logical reason to break up what this Mission is doing. This is not about code-type violations this goes to the heart of the Mission. I wonder if the law -in this case- violates religious prohibitions found within Constitutional law."

04/27/2011

By MICHAEL MCNUTT

The measure would break up a south Oklahoma City mobile home park where more than 250 men who are registered sex offenders live.

The House approved a measure Tuesday intended to break up a south Oklahoma City mobile home park where more than 250 men who are registered sex offenders live.

David Nichols, founder, president and executive director of Hand Up Ministries, said in an interview that he would talk with his attorneys about how the measure would affect his Christian prison ministry.

I'm sure we'll try to file an injunction first,” Nichols said. “The worst — I'll just have to move them out into tents. I'll offer to let them stay on the property if they want to because they've got to keep a job. The only way they can do that is if I help them.”

Residents are required to have jobs and to get regular treatment at the mobile home park, he said. Three sex offenders are placed in three-bedroom mobile homes at his mobile home park, 2130 SE 59. They pay $400 a month to live in the mobile homes.

Most live in 69 three-bedroom mobile homes in his 14-acre park, Nichols said. The park also has 50 travel trailers, which are set aside for new arrivals; as space becomes available, they move into an available mobile home, he said.

The House voted 72-10 to pass Senate Bill 852. It now goes to the Senate.

Rep. Colby Schwartz, R-Yukon, House author of the measure, said the Oklahoma City Police Department requested the bill to clarify an existing state law that was intended to keep convicted sex offenders from living together.

Having sex offenders live in the same dwelling also makes it difficult for police when investigating a crime to determine who possesses evidence found in the living unit, he said.
- See comments at the end, which nullifies this statement.

SB 852 would define a multiunit structure in which registered sex offenders are allowed to reside as a structure with multiple residential units that provide independent living facilities for living, sleeping, cooking, eating and sanitation within each individual unit.

It also would prohibit anyone to lease space to registered sex offenders in dwellings where they would reside together. It would be a misdemeanor, but after a third violation, it would be a felony.

Rep. Ben Sherrer, D-Choteau, argued against the bill, saying the prison ministry is providing living accommodations for sex offenders who often can't find decent housing.

It does a good job serving that need,” he said.

Sex offenders are prohibited from living close to parks, schools and day care centers.

Schwartz said about 20 residents at the mobile home park are sex offenders from out of state. If his measure would become law, the ministry could build appropriate dormitories instead of charging sex offenders to live in cheap mobile homes, he said.
- So this basically nullifies the states made above, about multiple people living in the same dwelling, causes problems with evidence gathering, does it not?


People of the second chance - Gracenomics Small Group DVD Preview


NJ - Legislator Abrahams proposes sex offender legislation

Where someone sleeps at night does nothing to protect anybody! It's all fear mongering BS! During the day, most can go where they want, as long as they are not loitering. This just basically exiles offenders, pushing them away from treatment, jobs, homes, family, etc. In the second video, the man speaking, admits the law is about punishment!

See Also:

  1. Mass Hysteria
  2. Moral Panic
  3. Scapegoat
  4. Children's Interest

Four Videos In All

Playlist Link


NY - Sex Offender Loophole?

Original Article
Updated, more detailed article here

04/28/2011

By Michael Wooten

BUFFALO - There are laws in place to protect children from sex offenders while they're at school, daycare and at the doctor's office. But 2 On Your Side has found there are legal loopholes that some believe are putting our children in danger.

A level two registered sex offender is working closely with kids at a Western New York karate school, and it's perfectly legal.

The man spoke with 2 On Your Side to explain why he thinks he should be allowed to have the position, despite his conviction. He says he was wrongly charged and is now working with kids to teach them discipline and help the neighborhood.

But advocates strongly disagree and say the laws in New York aren't strong enough.

2 On Your Side has spent the past several weeks investigating this case and whether or not more needs to be done legislatively to protect children.

Hear from the karate instructor, lawmakers and advocates during Michael Wooten's exclusive report, which will air on Channel 2 News Tonight at Eleven.