MO - Sex Offenders Left Out of Halloween Law Lose Fees

Original Article

05/16/2013

By JOE HARRIS

ST. LOUIS (CN) - A group of convicted sex offenders who fought back when Missouri tried to restrict what they could do on Halloween are not entitled to legal fees, the 8th Circuit ruled (PDF).

Under the 2008 Halloween Statute, Missouri said that every Oct. 31 all registered sex offenders would have to avoid "all Halloween-related contact with children," post a sign saying that there was no candy at their homes, and spend most of the night in their houses with the outside lights off.

Six individuals who had previously been convicted of sex offenses challenged the rules as unconstitutional, but the law was in force on Oct. 31, 2008, after the 8th Circuit tossed an injunction.

That year, Missouri charged [name withheld] with violating the Halloween Statute, but a circuit court dismissed the charge because it found that the law violated the state's prohibition on retrospective laws since [name withheld]'s conviction predated enactment of the Halloween Statute.

Later the Missouri Supreme Court considered [name withheld]'s case with another sex offender named in the court documents as F.R.

The federal court stayed its consideration of the six offenders' case pending the conclusion of the state-court case. In January 2010, a majority of the Missouri Supreme Court concluded that the Halloween Statute violated the state Constitution as applied to [name withheld].

Since enactment of the Halloween Statute also predated the convictions of any of the anonymous plaintiffs in the federal case, Missouri conceded that it would be unconstitutional to prosecute any of them, and the case was dismissed as moot.

The court ordered the John and Jane Does to bear the costs of the federal action, but found that they were entitled to about $22,000 in attorneys' fees as prevailing parties.

A three-judge panel of the 8th Circuit affirmed dismissal but reversed the award of fees last week.

"The dismissal on mootness grounds in the instant case was not the result of the Does prevailing on the merits of any of their claims," Judge Roger Wollman wrote for the court. "Instead, it was the product of a voluntary change adopted by the officials' in the face of the Missouri Supreme Court's decision in F.R. Under these circumstances, the Does are not entitled to prevailing party status simply because the voluntary change in conduct is recognized in an order of dismissal."

Chief Judge William Jay Riley and Judge Michael Melloy joined the opinion.

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CA - Seeking smarter rules for sex offenders

Janice Bellucci

Original Article

04/11/2013

By Gale Holland

Janice Bellucci of Reform Sex Offender Laws believes offenders should go to prison. But after they get out, she wants them to have a chance to lead stable lives.

Janice Bellucci is a mother of two, the wife of a pastor and a former Girl Scout leader active in volunteer work.

She lives in a gated community an hour's drive north of Santa Barbara, with needlepoint pillows on the sofa and a vegetable garden in the backyard. She is also the public face of an organization advocating for the closest thing to an untouchable caste in our society: California's 88,000 registered sex offenders.

A former aerospace lawyer, Bellucci is the president of the California chapter of Reform Sex Offender Laws, a national group of offenders, family members, psychologists and attorneys registered as a nonprofit.

The California branch holds meetings every other month, closed to the media, to discuss offenders' rights and legal actions she is taking. Bellucci believes sex offenders should go to prison for their crimes. Her target is the crazy quilt of state and local laws regulating their conduct after they get out.

These laws bar offenders from moving near parks and schools, leaving them with comparatively few places to live. Almost all of San Francisco, and most of San Diego, is off-limits, she says. Some ordinances forbid offenders to even visit county parks and beaches.

Bellucci also wants to give some sex offenders a way off the registry. California is one of four states where sex offenders register for life, regardless of the seriousness of their crimes.

Bellucci has brought a professional sheen to the sex offenders' fight, writing talking-point memos, testifying before agencies and taking cities to court. And she's had some success: After she sued, a court stopped Simi Valley from requiring sex offenders to post signs on their front doors warning trick-or-treaters away on Halloween.

She casts her cause as a civil rights movement. During a conversation at her home, Bellucci referred to those on the list as "registrants" rather than sex offenders, and she quoted Gandhi and the Constitution.

"People don't like to hear me say it, but it's like how the Jews were treated in Nazi Germany," she said. "First they were told they were different, then they ended up in concentration camps."

No doubt this preposterous characterization is objectionable. Sex offenders are shunned for their conduct, not their status. And their conduct is often unspeakable.

But even a state advisory board acknowledges that post-release restrictions on sex offenders have gone too far. In an August 2011 report, the California Sex Offender Management Board said that one-third of the state's registered sex offenders are homeless, partly because of the housing limits.

There is no evidence that residence limits make children safer, the report said. "To the contrary, the evidence strongly suggests that residence restrictions are likely to have the unintended effect of increasing the likelihood of sexual re-offense," the report went on.

A particularly boneheaded example of overkill is the pocket park in Harbor Gateway. The park is being built not to serve families but to drive registered sex offenders out of a nearby apartment building, my colleague Angel Jennings reported.

I have no doubt Harbor Gateway needs a park. But what kind of a society builds parks not for children, but to chase sex offenders away?

Los Angeles County Superior Court Judge Peter Espinoza put the issue on hold in March by ordering officials to stop enforcing restrictions on how close sex offenders can live to parks or schools. Bellucci argues the limits are unconstitutional, and Espinoza, in an earlier ruling, agreed.

Bellucci, 61, doesn't have a sex offender in the family, although she currently represents some in civil challenges. She came to the cause by chance. The man who installed her water purifier wrote a book about his years on the registry. She read it and was aghast.

The man, [name withheld], had molested a child more than 30 years earlier, when he was a raging alcoholic, Bellucci said. [name withheld] went on to build a business and become a civic activist. He was physically attacked by a vigilante who found his name and address on the registry, she said.

His case helped convince her that lifetime registration was wrong. Bellucci has stories about Everymen who wind up on the registry: the "Romeo and Juliet" cases of two teens, one underage, in a sexual relationship; the guy who urinates behind a bar or moons a crowd. Nobody seems to know how many fit this category.

Assemblyman Tom Ammiano (D-San Francisco) has proposed a three-tiered registry that would enable lower-level offenders with otherwise clean records to get off in 10 to 20 years. Bellucci is lobbying for its passage.

"Sex offenders come from all walks of life," she said. "Some grew up in the ghetto, some grew up in Beverly Hills. They're like everybody else."

Really? I don't think so. Some undoubtedly made mistakes, but others are hardened offenders whom law enforcement would do well to track and monitor.

Just this week, [name withheld], 58, a registered sex offender, was arrested on suspicion of the home-invasion killing of an elderly San Bernardino woman. [name withheld]'  previous conviction was for sodomizing a child under age 14.

I don't see the purpose of the public registry. For this story, I went on the Megan's Law website for the first time and found several sex offenders in my neighborhood. It made my skin crawl, but is it useful to know exactly where they are or what they did? I am well aware sex offenders are in our midst, and I don't need the details to protect myself and my children.

Bellucci is convinced sex offenders can be rehabilitated. She cited a study of 2008 data by the California Department of Corrections and Rehabilitation showing than of those who returned to prison, about 2% had committed another sex offense. Banishing them from normal society makes them more likely to repeat their crimes, she believes.

"We all do so much better when we have stability," Bellucci said. "It's ridiculous all the challenges that get thrown in front of sex offenders."

But we've all heard of the priests, Boy Scout leaders and teachers who molested multiple children before finally getting caught. The state corrections department acknowledges it can say with only 75% accuracy who is likely to commit a sex offense again, although it hopes to increase the odds with better assessments.

Bellucci is undeterred.

"The people I'm focused on already paid their debt to society," she said. "All I want for them is peace."

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CA - Two Victories for California RSOL

Original Article

03/13/2013

California RSOL has scored two victories in the cities of Simi Valley and Lancaster where city councils have agreed to relieve registrants from the burdens of sex offender ordinances passed in September 2012. The city of Simi Valley ordinance required registrants to post signs on the front door of their homes on Halloween while the city of Lancaster ordinance severely limited where registrants could live and visit.

“These are two significant wins for CA RSOL,” stated Janice Bellucci, President of California RSOL. “In both cities, the civil rights of registrants have been restored.”

The City Council of Lancaster unanimously approved the repeal of most of its sex offender ordinance — including all residency and presence restrictions — on March 12. The only provisions to remain in that ordinance relate to the celebration of Halloween. The City Council of Lancaster must give final approval to its decision on March 26.

The City of Simi Valley approved revisions to its ordinance in a private settlement agreement after a federal district court blocked the city’s requirement to post signs on Halloween last year. The revised ordinance in that city is similar to the revisions adopted in Lancaster on March 12. For example, registrants are prohibited from answering the door to trick-or-treaters, however, others living in the same home may do so.

“Despite the victories in these two cities, there are more than 200 city and county ordinances remaining in the state of California,” Bellucci stated. “California RSOL will continue its efforts to remove all ordinances that violate the state and federal constitutions by infringing upon the civil rights of registrants.”

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CA - Joe Pagliarulo - Interviewed the lawyer trying to get Halloween restrictions on registered sex offenders in California lifted.

Video Description:
10/27/2012 - Interviewed the lawyer trying to get Halloween restrictions on registered sex offenders in California lifted. At one point she compares sex offenders to Jews in Nazi Germany who were forced to wear yellow stars. Outrageous!

Web Site | Facebook | Twitter | YouTube

Video Link

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NY - Sex offenders lurking in the shadows on Staten Island

Original Article

Notice the scary title?

12/10/2012

By JACK RYAN

STATEN ISLAND - There are 296 registered sex offenders living on Staten Island. Some are supervised by parole officers. Some are supervised by probation officers. But most are not supervised by anyone.

"The public just assumes that somebody is watching them," said Carole Weaver, a spokesperson for the State Department of Corrections and Community Supervision. "That's not necessarily so."

The Parole Department supervises 30 of the registered sex offenders on Staten Island, while the Probation Department currently supervises 63 of them.

The remaining 203 sex offenders are not supervised by any agency.

This year, as in the past, parole officers on Staten Island visit the homes of each of the 30 sex offenders they supervise. They will search their homes -- they don't need a search warrant -- for magazines, DVDs, computer records, drugs or anything that can constitute a violation of parole.

In Suffolk County and some other jurisdictions, Parole requires sex offenders to meet on Halloween at a central location where they watch training videos designed for such offenders. They don't leave until trick-or-treating time is over.

This year, as in the past, the agency was particularly vigilant on Halloween. Ryan Dodge, a spokesman for the Probation Department, said that on "On Oct. 31, a probation officer (visited) the residences of those who were convicted of abusing children and remind them that they are subject to a curfew and restricted from participating in any Halloween activities and from opening the door for any trick-or-treaters."
- Even though there has never been a case where a child was sexually abused by a known sex offender on Halloween.  It's a waste of time and money!

But what about the sex offenders who are not being supervised?

IT'S UP TO PARENTS

There are no restrictions on those sex offenders not under supervision, even the pedophiles.

Read the entire article

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Going after Christmas

Original Article

11/13/2012

By Sandy Rozek

Sex offenders are a topic guaranteed to push the limits of any discussion. The range of those limits tops out with feelings, usually worded with as many expletives as possible, that anyone who is on a sex offender registry should be taken out and shot. The fact that this has actually occurred (Video, Posts), and more than once, is proof that at least some of those advocates aren’t just swaggering verbal bullies but are willing to follow through with actual murder.

More and more, however, discussions on the topic reveal that a large segment of society is questioning a registry that grows disproportionately larger and registers children as young as nine and offenses as benign as childish play and as common though ill-advised as consensual teen sex.

Adding to the level of intensity are studies and reports from government bodies and academics alike showing a number of findings that contradict the value of a public registry and call into serious question the wisdom of maintaining it at staggering costs that are bankrupting state after state. These findings include such things as recidivism rates for former offenders that are remarkably low, the fact that roughly 95 percent of new sex offenses are committed by first time offenders, and, most tragically, the fact that virtually all sexual crime against children is committed, not by some stranger already registered for a previous sexual offense, but by family members, peers, and others who are well known to their young victims and have relationships with them.

All of these issues are brought to the forefront when jurisdictions across the nation are making headlines for their efforts in keeping children safe from registered sex offenders on Halloween. Halloween has come and gone, and no children anywhere were harmed or, as far as anyone knows, even approached by such an offender. This includes the thirteen states in which there are no mandates in place regarding sex offenders and Halloween; it includes the many jurisdictions and counties where no such mandates exist even though others in the same state have them. And it includes going back as many years as records have been kept. Even though there is no police report of a child being attacked on Halloween by a registrant, ever, some states and counties choose to dedicate great resources to protecting children at Halloween from them. And the result is their success rate is exactly the same as it is in the counties and states that spent not a penny: 100 percent success rate for all.

Encouraged by such a victory, one state at least, Louisiana, has extended the Halloween ban for registered offenders to encompass other holidays in which children can be involved. One fact of note is that these bans, like the Halloween ban, target everyone on the registry even though many of those offenses were non-child related. And even more disturbing because it appears to be in serious violation of our Constitution, the bans apply to everyone required to register even though many are no longer under supervision such as parole or probation.

The state law on holiday restrictions for sex offenders states: “Every person currently required to register who has been convicted of or who pleads guilty to a sex offense is prohibited from using or wearing a hood, mask or disguise of any kind with the intent to hide, conceal or disguise his identity on or concerning Halloween, Mardi Gras, Easter, Christmas, or any other recognized holiday for which hoods, masks, or disguises are generally used. It shall also be unlawful to distribute candy or other gifts on or concerning Halloween, Mardi Gras, Easter, Christmas, or any other recognized holiday for which generally candy is distributed or other gifts given to persons under eighteen years of age.”

Every registrant who gives an Easter basket or a candy egg, a Santa cookie or a Christmas present of any sort to his own minor children or grandchildren, or to nieces or nephews, will be in violation of the law.

I find that extremely disturbing. I know many registrants with young children, several of whom are on the registry for having sex, back in high school, with the girlfriend who for years now has been wife and mother of those children. Thankfully, none of them lives in Louisiana, but I am certain there must be similar situations there.

It is abhorrent that, in an effort guaranteed to grab headlines and votes, the protection of children is used in a situation where there is no risk to them to begin with, and even more abhorrent that it is done to the detriment of other children who suffer the negative consequences of daddy or mommy not being allowed in family participation of those holidays that make the memories that help shape children’s lives.

I only hope that in Louisiana this year no child’s memory includes the reality of Daddy being arrested and taken to jail because he was seen buying his child a Christmas present or giving him or her a candy cane.

Sandy Rozek works with Reform Sex Offender Laws, a group based in Cambridge, Mass., that lobbies for reform of the nation’s sex-offender laws. More information at www.reformsexoffenderlaws.org.

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NY - Letter: Protect children with actual facts

Original Article

11/04/2012

The Times Union has failed its readers by posting on the social media site Pinterest the photos of convicted sex offenders in the four counties of the Capital Region. It's sex offender Halloween hysteria ("Keeping children safe on Halloween," Oct. 30).

Dr. Jill Levenson's 2009 study, "How safe are trick-or-treaters? An analysis of sex crimes on Halloween," reported that non-familial sex crimes against children on Halloween account for less than 0.2 percent of all Halloween crime incidents. The Centers for Disease Control and Prevention says the biggest Halloween danger children face is being hit by a vehicle.

Halloween hysteria is rooted in the stubborn myth of high sex offender recidivism. In reality, re-offense rates are in the single digits, according to years of research. Perpetuating this false belief significantly increases the risk that the innocent children and families of former offenders will be targeted on a holiday that often involves criminal mischief.

The overwhelming majority of child victims are abused by family members or acquaintances behind closed doors in a familiar place — not stemming from three-second candy exchanges with strangers.

Furthermore, many sex offenders have not victimized children. In fact, children account for more than a third of all sex crimes committed against other minors.

This information does not take away from the suffering of sexual abuse victims. It merely provides a basis for effective safety measures.

I urge the Times Union to go forth with a renewed promise to deliver factual information. Anecdote doesn't protect children; facts do.

SHANA ROWAN
Oneida
Sex offender registry reform advocate
http://www.endsexcrime.org/theproof.html

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SWEDEN - The pedophile night documentary

I find it very ironic that all other countries can see how draconian our sex offender laws are, except us. Nazi Germany didn't end, it's just moved.

See the full documentary, here, and and additional clip here. Even Germany did a documentary on the Julia Tuttle disaster in Florida a year or so ago.

Documentary Description (Translated):
The nationwide sex crimes registry in the United States would give security but has led to the fear of pedophiles increased. Now it's Halloween and all families do not dare go out. In the small community of Anderson has a radical solution to the problem, sex offenders are to be collected and locked away during the celebration.

Trailer Video:

Video Link

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VA - Offenders are FORCED to go to court house and while there police also go to their homes to make sure lights are out? What for?

Wow, what a charade! The police send out letters to ex-offenders to report to the local court house on Halloween night, and while they are at the court house the police go to their homes to make sure the lights are out? What is the purpose of that? This is nothing more than mass hysteria over a non-existent problem.

Video Link

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FL - More than 100 sex offenders registered as living in one Jacksonville neighborhood

Original Article

And the media, who apparently are hard up for a story, are out in "Vigilante Style," stirring up fear and hysteria. How long have the offenders been living there? I am willing to bet, many for a long time now, and nothing happened.

10/30/2012

By Heather Crawford

JACKSONVILLE - On Wednesday night, kids will be hitting the streets to trick or treat. As they go door to door, they may be passing the homes of sex offenders.

In Florida, there are more than 40,000 registered sex offenders, and in the Fairfield neighborhood off Talleyrand Avenue, there is a high concentration of convicted sex offenders. Within a one-mile radius of John Love Elementary School, there are more than 100 registered sex offenders and 8 predators. It's a school that has no busing, so some of the kids walk.

Marvine Poole is raising her five grandchildren in this neighborhood, and is like many residents here. She had no idea so many sex offenders and predators were close to her home.

"You just have to pray and keep them close to you. They don't understand. They want to play and go out in the neighborhood and everything," said Poole.

While the Jacksonville Sheriff's Office is required to notify residents of sexual predators living in their neighborhood, the law only requires residents to be notified within 48 hours of a predator moving into the area.

If you move in after a predator, it's up to you to check online to see where they live. And while sex offender registries can be great tools, JSO said don't let them give you a false sense of security. Only those convicted since 1993 are required to register.

JSO Public Information Officer Melissa Bujeda said, "There are people who have gotten out of jail and out of prison that are convicted of sexual battery that got out prior to that law being enacted in 1993. They are not involved, they are not labeled. That's something people need to be aware of. You may be living next to someone arrested and convicted prior to that law being enacted."

In Florida, not all sex offenders are classified as predators. It depends on the conviction. Predators cannot live within 1,000 feet of a school, day care center, park, or playground. In Duval County it's even stricter. Predators can't live within 2,500 feet of those areas, but some sex offenders, depending on their conviction, don't have any restrictions.

"I am not under the 1,000 foot rule. I can live where ever I want to live."

A sex offender who agreed to talk to us if we didn't identify him was convicted of attempted sexual battery on a child in the '90s. He's now in his 60s and said he ended up in this neighborhood through a re-entry program when he was released from prison. It's a house he said used to be solely for sex offenders, until a day care opened nearby.

Read the rest of the article

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CA - More of the usual media misinformation

When the Halloween hysteria laws affect all who are on probation or parole, for the most part, and not just those who have harmed children, why does the media and other organizations insist on inserting "child," or "pedophile," or "child molester" into the news article title or body?  It's misleading the public into thinking all sex offenders are child molesting, pedophile predators who are out looking for kids to molest and kill.  STOP IT!!!!!!

We are going to start capturing these, when we can, and placing them into the following folder on SkyDrive.

See Also:

• California judge's ruling a partial victory for registered child sex offenders

Snapshot Source: Facebook

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What Are Halloween Laws and Are They Constitutional?

Original Article

Listen to the podcast below.

10/17/2010

By Adam Freedman

Today’s topic: Halloween and the Law: tricks, treats--and due process.

And now, your daily dose of legalese: This article does not create an attorney-client relationship with any reader. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

What are “Halloween Laws”?

Did you know that there are special laws that apply only on Halloween night? That may sound scary, but such laws are actually designed to make parents feel safer by restricting the activities of convicted sex offenders on Halloween. These laws are increasingly popular, but--as I’ll explain in a minute--they have been facing a number of legal challenges in state and federal courts.

Halloween Laws Apply to Sex Offenders

Over the past few years, a number of states--including Missouri, Illinois, Maryland, and Louisiana--have enacted so-called Halloween Laws. When I first heard the term “Halloween Law,” I thought that somebody had finally passed the kind of legislation I longed for as a kid: like, say, a law requiring grown-ups to hand out real candy on Halloween, rather than raisins, apples, or other “healthy” snacks. But no, these laws have a much more serious purpose: to keep trick-or-treaters away from potential sexual predators.

What Do Halloween Laws Say?

The typical Halloween Law requires convicted sex offenders to stay in their house on Halloween night, and prohibits them from answering the door to trick or treaters. In some states, sex offenders are also required to post a sign on their door saying “No Candy at this Residence,” or words to that effect. In Maryland, state officials created a stir when the signs that they distributed to sex offenders were pumpkin-shaped and bright orange. These unintentionally jaunty signs quickly became fodder for late-night comics, including a skit on Saturday Night Live.

Are Halloween Laws Unconstitutional?

Read the rest of the article

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CA - Judge temporarily blocks part of Simi Valley Halloween sex offender law

Original Article

10/29/2012

By Mike Harris

A federal judge Monday temporarily blocked enforcement of a key provision of Simi Valley's new Halloween sex offender law but left the rest of the ordinance intact.

U.S. District Judge Percy Anderson's ruling came days before the holiday on Wednesday.

Anderson temporarily blocked the city from requiring its several dozen convicted child sex offenders listed on the Megan's Law website to post signs on their front doors on Halloween saying: "No candy or treats at this residence."

But Anderson let stand requirements that the offenders refrain from opening their doors to trick-or-treating children and decorating the outside of their homes or front lawns with Halloween ornaments. The convicts also must turn off outdoor lighting on their properties from 5 p.m. to midnight Wednesday.

Attorney Janice Bellucci (Unrelated Video), who last month filed a lawsuit saying the law was unconstitutional, said she was pleased with the ruling even though she had sought to have enforcement of the entire ordinance temporarily blocked pending the outcome of the lawsuit.

Simi Valley City Attorney Marjorie Baxter said the ruling was "a big victory on the majority of the ordinance."

Read the rest of the article

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OH - Girard bans sex offenders from Halloween

Original Article

10/23/2012

By BOB COUPLAND

GIRARD - City council voted unanimously Monday to prohibit registered sex offenders who live in the city from taking part in any trick-or-treat events on Oct. 31.

Fourth Ward Councilman Thomas Grumley, chairman of the employee welfare committee, introduced the legislation earlier this month. The legislation received an emergency passage and goes into effect today.

''I have heard nothing but positive comments about this since it was first brought up,'' said Council President Reynald Paolone.

Grumley said he introduced the legislation for the safety and protection of children who on Oct. 31 will be going door-to-door throughout the city.

He said all registered sex offenders in the city, of which he said there are 10, will be given a copy of the legislation by police explaining what they or anyone in the same household are permitted to do.

''They will not be able to decorate or have any lights on or pass out any candy,'' Grumley said.
- And so you are punishing the offenders as well as their family and children due to nothing more than mass hysteria.

Officials said of the sex offenders in the city, 70 percent have convictions involving minors.

According to the legislation, registered sex offenders will be required from 12 a.m. to 11:59 p.m. Oct. 31 of each year to leave all exterior, decorative and ornamental lighting off starting at 5 p.m., refrain from decorating the front yard and exterior of the residence with Halloween items and not answer the door to children trick-or-treating.

Grumley said police also will be monitoring the neighborhoods and keeping an eye on the homes.

Violators will face a minor misdemeanor.

In other business, council approved advertising for purchase and installation of radio frequency water meters.

First Ward Councilman Frank Migliozzi, who serves on the safety committee, said with new technology the entire city will be able to have all meters read in four hours, or a half-day by computer, as compared to part-time meter readers who have to go door-to-door and check meters inside homes.

''They will be able to do this in half a day which will save both time and money,'' Migliozzi said.

Officials said the city needs to replace existing water meters with the radio frequency meters to accurately bill for water usage.

Earlier this month, council had presentations on the water meter programs available.

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GA - Parents consider sex offender locator apps this Halloween

Original Article

10/29/2012

By Sonia Moghe

SMYRNA (CBS ATLANTA) - With Halloween on Wednesday, parents like Mary Hutcheson want to know how to keep their kids safe while trick-or-treating.

"We usually trick-or-treat the same neighborhood every year," Hutcheson said, with her two young children in the Marietta town square. "We've been going there for years. We go 20 to 30 as a group and there's more parents than there is kids."
- If this is true, then your kids should be safe.

Hutcheson said she was interested in trying a phone app that lets you see where sex offenders live so she would know which homes to avoid.

"Especially in my neighborhood, I'd like to know who lives where and where my kids should be and should not be," Hutcheson said.

CBS Atlanta tried one of those apps, called Life 360, that showed the profiles of several registered sex offenders near a Smyrna neighborhood.

The number concerned Hutcheson, who said she always prefers to stay close to her kids.

"You don't ever know who's living where," Hutcheson said. "It's always best just to walk up to the door with them."
- Yep, we agree.  As long as you be a parent and go along with them, then there is nothing to worry about.

Some counties, like DeKalb, will require certain registered sex offenders to check in on Halloween, and encourage them to keep their lights off.
- Well, there is not a law in Georgia, I believe, even for those on probation or parole, to do this, this is merely a suggestion.

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CA - The Commentariat - Anthony Zurcher & Diane Dimond talk about Halloween sex offender issues

Video Description: (Audio Source)
Anthony talks with Creators columnist and veteran TV crime reporter Diane Dimond about whether police programs to contact and target registered sex offenders in the days leading up to Halloween constitute good public-safety policy or a needless violation of civil liberties.

Video Link

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MT - Trick-Or-Treating Safety: Sexual Offenders on "Honor System" - How to Keep Your Kids Safe

Original Article

10/24/2012

More than 5,000 sexual and violent offenders live in the state of Montana, with Halloween approaching, some parents wonder if those individuals are allowed to answer the door when trick-or-treaters come knocking.

ABC 5 Found out how to avoid dangerous neighborhoods and how to keep your trick-or-treaters safe.

Missoula Police Detectives say currently here is no state law preventing sexual and violent offenders from coming in contact with children on Halloween.

"I definitely think something should be done about that--it doesn't seem right that they can just open their doors,” says a local mother.
- Yeah, God forbid something happens, like they walk outside!  Oh the horror!

Jennifer Fredette has four kids and three will trick-or-treat this year. Fredette says she and her husband always plan out a route and her entire family travels in a big group.

Read the rest of the article

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NV - State and local authorities on the lookout for sex predators during Halloween

Original Article

10/24/2012

By Jeff Munson

The Nevada Department of Public Safety, Division of Parole and Probation and Carson City authorities have again launched Operation Scarecrow, a program eight years running that targets sex offenders and predators during Halloween.

Operation Scarecrow's purpose is to ensure there is no contact between division supervised sex offenders and children. Law enforcement will provide enhanced community supervision and give specific direction to high risk and high profile sex offenders, said DPS Spokeswman Gail Powell.

Sex offenders are not allowed to participate in any activity which could lure children to or near their residences, including a restriction that they cannot have home parties or pass out candy on Halloween.

The focus of the operation is to ensure that offenders whose crime involved a child victim or offenders who have a “no contact with children” condition have no contact whatsoever with children. DPP Officers will be specifically targeting sex offenders under the DPP’s supervision.

Ongoing since Oct. 1, division officers are providing sex offenders with an “Offender Halloween Restrictions” handout. These sex offenders were instructed they must avoid any contact with children during the Halloween holiday, and must avoid participation in any Halloween-related festivities involving or potentially involving children.

Officers across Nevada will be conducting residential contacts and surveillance activities to ensure offender compliance and to spot any potential violations of the “Offender Halloween Restrictions” provided to the offenders. Officers will make as many contacts as possible during the operation. Enforcement action regarding observed violations will be determined on a case-by-case basis.

Operation Scarecrow sweeps are being conducted in Carson City, Reno, Sparks, Fallon, Fernley, Ely, Elko and Winnemucca.

Video Link

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IL - Myths of Halloween Danger Expand to Include Sex Offenders

Original Article

10/21/2012

Illinois Voices for Reform, Inc. seeks to counter popular myths of Halloween danger reported by local media outlets, points to research that shows no correlation between Halloween and sex offenses

It’s that time of year again – the days are getting shorter, the leaves are turning colors, homes are getting decorated for Halloween, and stories about where registered sex offenders live in your neighborhood are popping up in the media.

For the past few years, this has been a popular news topic, not only in Illinois but around the country. News sources have pounced on Halloween as an opportunity to post interactive maps on their websites showing where registered sex offenders live in their communities. These articles often highlight restrictions that registered sex offenders have on Halloween, including having their porch lights turned off and not being allowed to hand out candy. Patch.com, a New York based news organization with branches throughout Illinois, claims that it is “helping parents…keep their kids safe this Halloween by providing a map of the area's registered sex offenders” (from Oak Park-River Forest Patch, October 4, 2012).

Others, however, argue that the hype surrounding registered sex offenders at Halloween time is not only inaccurate, it could also divert resources away from the real dangers that kids face this time of year. Tonia Maloney, President and Founder of Illinois Voices for Reform, Inc., an Illinois-based advocacy group, says the whole thing is blown way out of proportion: “There is simply no evidence that the restriction of registered sex offenders from these types of activities reduces sexually based crime. Seriously, should law enforcement resources be taken away from legitimate dangers to monitor the whereabouts of thousands of registered offenders in the state on Halloween?”

Maloney points to an article published in Sexual Abuse: A Journal of Research and Treatment in 2009, entitled “How Safe are Trick-or-Treaters?” The article examined sex offenses occurring outside the family around Halloween and concluded that there is no relationship between Halloween and any sort of increase in sex crimes. The article found that children are in much greater danger of being struck by a car or being harmed as the result of juvenile mischief than they are of being sexually assaulted. The authors also concluded that “the wide net cast by Halloween laws places some degree of burden on law enforcement officers whose time would otherwise be allocated to addressing more probable dangerous events.”

While scare tactics surrounding sex offenders at Halloween may be a relatively new phenomena, occurring mostly within the past decade, frightening parents at Halloween is an age-old tradition. In 1985, researchers at California State University examined what they described as Halloween Sadism, best exemplified by the “razor blade in the apple” story. They concluded that stories of Halloween Sadism are greatly exaggerated and are simply a form of urban legend. Where previous generations warned parents to check children’s candy for signs of tampering, today’s generation is warned to check the sex offender registry before sending children out to trick-or-treat.

“No one is saying that parents should not be cautious on Halloween,” Maloney states. She concurs with researchers who argue that parents and law enforcement should focus on protecting children from dangers that evidence has shown is real and prevalent. “The chances of a kid being struck by a car are four times higher on Halloween than on any other night. The police should be making sure children are safe from cars and from bullies, rather than watching to make sure some sex offender has his porch light off,” says Maloney.

The authors of “How Safe are Trick-or-Treaters?” seem to agree, stating: “Nor do we suggest that parents should abandon caution and reasonable supervision of their children. But there does not appear to be need for alarm concerning sexual abuse on these particular days. In short, Halloween appears to be just another autumn day where rates of sex crimes against children are concerned.”

Current Illinois law prohibits sex offenders who are on parole or probation from participating in Halloween activities, including handing out candy to trick-or-treaters. A new law signed by the Governor this year goes into effect on January 1, 2013, that will extend these restrictions to most registered sex offenders in Illinois. Maloney, speaking on behalf of Illinois Voices for Reform, Inc., testified at congressional hearings opposing the new law. “Many sex offenders have families. Should the spouses and children also pay the price because their family member is on the registry? If a house is decorated for Halloween, has the lights on, and someone other than the offender wants to hand out candy, why should they not be allowed to? With their addresses highlighted on a publication’s website, whole families, especially the children, lose out on a traditional seasonal activity.”

Maloney notes that highlighting the addresses of sex offenders at Halloween not only puts the offender in danger of vigilantism or vandalism, but it also puts their family members in danger as well.

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Halloween Laws Scapegoat Sex Offenders

Original Article

This lady confuses me. One minute she is saying the laws are insane, the next she is all for them, but, we agree with what she says below.  Click the "DianeDimond" link above for all the articles about her.

10/20/2012

By Diane Dimond

Here we go again. Law enforcement officers nationwide are about to stage their annual pre-Halloween effort to make sure everyone listed on the local Sex Offenders Registry knows – imagine this being said in a spooky voice with a scary laugh at the end – They Are Being Watched!

This annual charade is also supposed to help the community feel safer. I’m here to tell you it is nonsense.

The intimidation campaign is a silly diversion of manpower and a waste of your tax dollars. Police and the politicians who are in search of tough-on-crime votes will tell you otherwise, but don’t believe the myth that Halloween is the night child sexual predators wait all year for.

The facts tell a different story.

Those on the registry – convicts who have done their time and are trying hard to blend back into the population – will likely get a personal visit from officers. Depending on the state in which they live, they may be told that they must stay home on Halloween night, that they must keep their lights off and not answer the door. Many will be required to display a sign that reads something like: “No Candy at This Residence.”

There could be other restrictions, too: No holiday decorations outside the home; no dressing up in costume; no attending holiday parties, haunted houses, hay rides or any other Halloween activity where children gather.

Now, let’s look at the facts.

Over the last several decades there has not been one reported instance that I can find of a convicted sex offender molesting a child on Halloween night. Shall I repeat that? Despite all the hysteria, I couldn’t find evidence of even one case. Further, a huge majority of these convicts never re-offend.

The only Halloween tragedy my research turned up was back in 1973 in Milwaukee, where a 9-year-old girl, trick-or-treating by herself, went to the home of a stranger named Gerald Turner. Turner, a man with no criminal record, raped and killed the child. Using today’s guidelines Turner wouldn’t even warrant a visit, since he was not a known molester.

Fact: Our sex registry system is foolish. It lumps in everyone who ever mooned or streaked or urinated in public with hard-core career pedophiles. A registrant may have been a teenager caught with a girlfriend in the back seat; the victim of a vindictive ex-wife who made abuse allegations; or a man who, legitimately, believed his partner was older than 18.

Read the rest of the article

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