Monday, April 2, 2012

OH - IN RE E.S.

Original Article

Excerpt:
Appellant E.S. was adjudicated delinquent for committing an act on July 28, 2007, that, if committed by an adult, would have constituted the sexually-oriented offense of sexual imposition, a third-degree misdemeanor. At the November 13, 2007 dispositional hearing, the magistrate, applying Ohio's former sex-offender registration statutes, determined that the statutory presumption that E.S.'s offense was exempt from sex-offender registration should be lifted and that E.S. should be classified as a juvenile sex-offender registrant. The magistrate found that E.S. was not a sexual predator or a habitual sexual offender. The magistrate also informed E.S. that as of January 1, 2008, he would be classified as a Tier I sex offender under Am.Sub.S.B. No. 10 ("Senate Bill 10"). The trial court overruled E.S.'s objections to the magistrate's decision. E.S. appealed his initial sex-offender classification in the case numbered C-110490.


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KS - STATE v. COMAN

Original Article

Excerpt:
Coman pled guilty to misdemeanor criminal sodomy, as defined in K.S.A. 21-3505(a)(1), based upon an incident with a dog. The Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., requires registration for those who commit sexually violent crimes. KORA's definition provision, K.S.A. 22-4902, includes a list of crimes that are per se "sexually violent crimes," i.e., crimes which always require KORA registration. But the list, under K.S.A. 22-4902(c)(4), only includes felony criminal sodomy as defined in K.S.A. 22-4902(a)(2) and (3), and omits the misdemeanor criminal sodomy for which Coman was convicted. Nevertheless, in addition to specifically named crimes, the list includes a catch-all provision under K.S.A. 22-4902(c)(14), which requires registration for those committing sexually motivated acts. The district court found that Coman was required to register because the act giving rise to his conviction for the unlisted version of criminal sodomy was sexually motivated. Coman


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OK - U.S. v. MEFFORD

Original Article

Excerpt:
Mefford was convicted in Oklahoma in 1994 of sexual abuse of a minor. On November 4, 2009, he was indicted and charged under the Sex Offender Registration and Notification Act ("SORNA"), 42 U.S.C. §§ 16901-16991, with failing to register as a sex offender after having traveled in interstate commerce, in violation of 18 U.S.C. § 2250. Mefford moved to dismiss the indictment on multiple grounds, one of which was that SORNA violates the nondelegation doctrine, see A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495, 529 (1935), because it authorizes the Attorney General of the United States to determine the applicability of SORNA's registration requirements to persons convicted of a predicate sexual offense prior to SORNA's enactment. After the district court denied his motion to dismiss, Mefford entered a guilty plea conditioned on his right to appeal the denial, and we affirmed. Applying our then-current precedent, we held that Mefford lacked standing for a nondel


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NY - Westhampton Sex Offender Trailer Could be Closed Soon

Original Article

So now, instead of having a place to stay at night, they will just be roaming the streets where nobody knows where they are.

04/02/2012

By Lisa Finn

See Also: State, County Must Act On Sex Offender Issue

After years of protest by outraged parents, there are no plans, however to move the riverside trailer anytime soon.

There is hope that the Westhampton sex offender trailer, which sits only feet away from Westhampton Pines, a 55 and over community where many grandchildren visit, could be shuttered within three months, according to Suffolk County Legislator Jay Schneiderman.

Schneiderman said he has a resolution on the agenda for a meeting of the Suffolk County Legislature in Riverhead on April 24 to close the Westhampton trailer, which is packed nightly with at least 15 sex offenders. If the measure is approved, the trailer could be closed in 60 days.

However, Schniderman said, a second East End trailer, located in Riverside will not be closing anytime soon. The closing of that trailer, said Schniderman does not have enough support within the legislature because they believe it is in a secure location near the jail.

That does not sit well the community or with Schniderman.

We’re trying to revitalize Riverhead, with the aquarium, libraries and other children’s events – and here’s the county bringing their sex offenders," he said.

The arrest of [name withheld], a convicted sex offender who was living at the Budget Host Inn, not in a sex offender trailer, in Riverhead last week reignited concerns amongst parents and residents about the proximity of convicted pedophiles to their children. [name withheld] also has a history of arrests in Hampton Bays.

These people have suffered enough,” said Schneiderman. “The trailers were never supposed to be in these communities for more than two weeks and here we are, five years later. They shouldn’t be placed so close to any residence. People should be able to sleep at night.”

During the next few weeks, Schneiderman hopes to rally parents in both Riverhead and Westhampton.

I want the community to play an active role to make sure we’re heard by the administration,” he said. "I want both those trailers closed."

The county is currently working on a plan to house sex offenders through a new mini shelter program under which a series of smaller shelters would house only six sex offenders each, rather than the 20 that currently fill the two trailers each night, with some overflow being sent to a hotel in western Suffolk County. Each shelter would have 24-hour supervision.

But, that plan has not gained traction because former County Executive Steve Levy, Schneiderman said, refused to indemnify the contractor chosen for the project, who asked that his legal fees be covered by the county, should lawsuits emerge over the construction of the new shelter sites.

Should the initiative go forward under new County Executive Steve Bellone, plans could include least four mini shelters, none of which are sited on the East End – for now, said Schneiderman.

There will probably be a fifth and a sixth shelter, and one of those last two will probably be on the East End,” Schneiderman said, adding that he does not yet know where that shelter would be situated but that it would not be located in a residential area.


WA - Sex-Offender Registries in Five States Inflate Counts by 43 Percent

Original Article

Of course they inflate the numbers. We've been saying this for years. Glad someone else has done a study to also prove it!  Also see this post.

And the quote we had at the top of this blog is as follows.

"Did you know that the National Center for Missing and Exploited Children says there are about 750,000 sex offenders across the country, but they don't tell you how many are DUPLICATES due to aliases, misspellings, human error, deceased, or those who have moved from one state to another but have not been removed from the state they no longer live in? If all these duplicates were removed to show the ACTUAL numbers, then how many ex-offenders would we actually have in the USA?"



04/02/2012

Newswise — Do an online search for sex offenders living in your neighborhood and you may be alarmed by how many you find. But a new study of sex-offender registries in five states shows that they overestimate the number of offenders actually living in the community by as much as 60 percent.

"Websites that list sex offenders may make it seem that there are a lot of them living among us. It makes it hard for the public to discern risk," said Alissa Ackerman, assistant professor of social work at the University of Washington Tacoma. Improving the accuracy of sex-offender registries also means "better use of law-enforcement resources to watch the people who actually need to be watched," she said.

Ackerman is lead author of a study examining sex offender counts compiled by Florida, Georgia, Illinois, New York and Texas – states with large sex-offender registries. She obtained the counts from last year's state records, which are available to the public.

Ackerman discovered that the registries include people who are not actually living within the community, such as individuals who have died, been deported, are in jail or have moved out of state. Across the five states in the study, she found that only 43 percent, or 114,690 out of 201,135 sex offenders listed, were actually living in the communities designated by the registries.

By state, Ackerman found:
  • Florida had the greatest discrepancy, reporting 56,784 sex offenders when only 22,877 – a 60 percent difference – were living in Florida communities.
  • New York, at 52 percent, had the second-highest discrepancy, listing 32,930 offenders in the registry with just 15,950 living in the community.
  • Illinois had a 48 percent difference, with 25,088 registered offenders and 13,066 actually residing in the community.
  • Georgia had a 36 percent difference, 20,212 listed on the registry and 7,201 living in the community.
  • At 25 percent, Texas had the lowest discrepancy, with 49,786 actual residents from the 66,121 sex offenders listed.

The study will be published in an upcoming issue of the Journal of Crime and Justice.

States differ in data collection and reporting procedures, and that can lead to inflated numbers and make it difficult for the public to distinguish the level of risk, Ackerman said. For instance, states vary in whether they include all levels of sex offenders. New York lists only levels 2 and 3, the offenders most likely to commit sexual crimes again. Florida, on the other hand, lists all offenders regardless of risk level.

"Registries are helpful if they are properly and accurately maintained and include only those individuals living in the community," Ackerman said. "Then we are able to discern risk in our communities and the public can be better aware of offenders living near them."

She added that more than 90 percent of victims know their offender, and listed family members, stepparents, close friends and acquaintances as common perpetrators. "We look at strangers on the sex offender registry websites, but it's really the people who we know who we need to worry about."

Co-authors of the study are Jill Levenson of Lynn University in Boca Raton, Fla., and Andrew Harris of the University of Massachusetts Lowell.


PA - Two Pennsylvania men (Dennis Sinnott, Mark Eldredge) over-react to Facebook posting, beat innocent man

Original Article

Just another example of why the sex offender registry needs to be taken offline, and the mass hysteria spread by the media and self-serving politicians needs to stop, innocent people get hurt!

03/31/2012

READING - Police in eastern Pennsylvania say a pair of neighbors viciously assaulted a man out for an evening walk in the mistaken belief he was stalking children.

Exeter Township police say the men charged Friday had overreacted to a Facebook post about a suspected child predator in the area.

Police say the 58-year-old victim was out for a walk on March 21 when he was violently confronted by Dennis Sinnott.

Authorities say neighbor Mark Eldredge saw the encounter and joined the attack. Eldredge had been driving around to distribute flyers about the alleged child stalker.

Police have since determined the suspected predator is actually a 76-year-old man who scavenges trash.

Eldredge faces charges including assault. Sinnott faces charges including harassment. Neither could be reached for comment.


VT - A Model of Static and Dynamic Sex Offender Risk Assessment (11-2011)

Yet another report showing low recidivism rates!

Click the image to view the study (PDF)