Original Article
09/19/2012
By Patrick Lohmann
Every Halloween night, between 30 and 50 Bernalillo County Sheriff’s deputies spread out all over the county and knock on the doors of registered sex offenders, as a reminder that the county knows where they are and what they’re doing.
The Halloween blitz is just one of the tactics the Sheriff’s Department says could be behind the county’s remarkably low sex offender re-offense, or recidivism, rate.
- Come on, you are taking credit for something that is already low, recidivism.
Of more than 1,200 registered offenders that include sex offenders as far back as the 1970s, the sex offender registry unit has identified only seven who have re-committed a sex crime since 2009 – or
0.6 percent who re-offended over that three-year period.
Fourteen Bernalillo County sex offenders released in 2010 did end up back in prison within 18 months of their release dates, but they were there for such things as
failing to register as an offender or for probation violations, according to data from the New Mexico Department of Corrections.
“
We do have a very low recidivism rate in Bernalillo County,” Sheriff’s spokesman Sgt. Sam White said. “
We believe part of that is our proactive stance.”
- There is a low recidivism rate across the county, not just New Mexico.
Data regarding sex offender recidivism rates are hard to come by.
A New Mexico Sentencing Commission study followed 126 sex offenders released from state prisons in 2004.
The study is still only in draft form and has not yet been reviewed by the Department of Corrections, but according to the draft,
5.6 percent of offenders went back to prison after committing a new sex offense between 2004 and when the study began earlier this year. More than 35 percent of the total number of sex offenders were sent back to prison, but
largely for probation violations.
A national Bureau of Justice Statistics study is in the works that will look at sex offender recidivism for offenders released in 2005. The bureau’s last study found that
5.3 percent of almost 1,000 sex offenders released in 1994 re-committed a sex offense within three years.
That rate is considerably lower than for violent offenders, 61 percent of whom were arrested for similar crimes within three years, and for property offenders, who had a recidivism rate of almost 74 percent, according to the same BJS study.
White said he doesn’t know what his department might be doing differently than other counties, but it does make prevention of sex crimes a high priority. He said deputies use their spare time to check up on sex offenders at their homes.
“
Any rate is not low enough,” he added.
Registry effective?
Whether the sex offender registry is effective in preventing sex crimes depends on whom you ask.
Gov. Susana Martinez, who specialized in prosecuting sex crimes during her career as a district attorney, said Bernalillo County’s low recidivism rate doesn’t necessarily mean offenders aren’t re-offending, just that they’re not being caught.
- And your statement doesn't mean it's true either, you could say that about any crime!
“
The vast majority of my cases involved delayed reporting by the children (victims) because they are afraid, they are threatened that something bad will happen if they tell,” Martinez told the Journal. “
That allows an offender to re-offend many times.”
That’s why Martinez said the registries are so effective, because they allow parents to monitor offenders who might be re-offending without punishment in their neighborhood. Martinez has also pressured the state Legislature during her time as governor to become fully compliant with the Adam Walsh Act, a 2006 federal sex offender registration law.
The state’s sex offender laws do not require offenders to scan palm prints in addition to fingerprints, which is out of compliance with the federal act, nor do they have a juvenile sex offender registration, GPS monitoring or email notifications for when an offender moves into a neighborhood, said Regina Chacon, the state Department of Public Safety spokeswoman.
Despite this, New Mexico has so far avoided fines of between $100,000 and $250,000 from the U.S. Department of Justice, since it is one of many noncompliant states, Chacon said
Sen.
Cisco McSorley, D-Bernalillo, voted against the Adam Walsh Act each time it came before the Legislature, and received a standing ovation after speaking at the national
Reform Sex Offender Laws conference in Albuquerque.
McSorley said the Adam Walsh Act is a politicized, unfunded mandate that doesn’t differentiate between the worst predators and offenders convicted of milder crimes. As a result, he said, law enforcement and parents are unable to zero in on who poses the greatest threat.
“
New Mexico citizens are less safe today because politicians have been trying to prove how strong they are against sex crimes,” McSorley said. “
They’re diluting our efforts at getting the most serious predators.”
The
national conference for
Reform Sex Offender Laws, an organization that claims sex offender registries are ineffective and unjust, was held at an Albuquerque hotel earlier this month to the dismay of some residents and law enforcement officials who were concerned about the conference’s proximity to schools.
Lloyd Swartz, the organization’s
New Mexico branch president and a registered sex offender who was convicted of sexual assault in Texas in 1987, said the response to the conference by the city and residents underscores the need to have a conversation about sex offender laws, which he said are bad policy written out of emotion, not data.
“
How do we put this hysteria aside, put all these misconceptions aside, and sit down and have an honest conversation?” Swartz said. “
We need to acknowledge that what we’re doing may make us warm and fuzzy inside, but it’s not working.”
Swartz said the registry misinforms parents about who threatens their kids, and parents should instead learn to identify signs of a possible sex offender within their homes or neighborhoods.
“
It’s telling people to look the wrong places, so they can’t protect themselves,” Swartz said during the conference at the Ramada Hotel and Conference Center on Sept. 7.
Both Martinez and Swartz said the vast majority of sex crimes are committed by perpetrators who know the victim – as relatives, neighbors, coaches or through other means.
While Swartz argues that’s a reason the registry is not effective, Martinez said that fact makes the registry all the more important, because parents need to be able to find out if their acquaintances or family friends pose a threat to their children.
“
If you are a convicted sex offender, I as a parent have a right to know,” she said. ”
… You can’t teach a parent what to look for.”
- The only reason you have that right, is because of the law, you really aren't entitled to know who lives around you, and yes you can teach parents what to look for.