TX - Texas sex offenders in sight of rare policy win

Original Article

03/29/2013

By Paul J. Weber

AUSTIN (AP) - Four convicted sex offenders huddled in a busy hallway at the Texas Capitol, congratulating each other for going public and testifying against a bill that would plaster their criminal past on their Facebook profiles.

As expected, not everyone was moved by their objections.

"I don't feel bad for the guys that came in here whining," Republican state Rep. Steve Toth said after the men had left the room at a recent House Criminal Jurisprudence Committee meeting. A Democrat switched on her microphone to voice on the record that she, too, had no sympathy.
- Just wait until one of their own get slapped with the label, then they will see it differently.

In the Texas Legislature and statehouses nationwide, bills aimed at curbing how and where sex offenders can live and work are routine. But for the 72,000 registered sex offenders in Texas this year, there is optimism. A legislative victory is in sight, and it's not for sinking a fresh round of get-tougher proposals — but scaling back one already in place.

Pushing forward what advocates say would mark a minor but extraordinary softening of the state's sex offender laws, the GOP-controlled Senate has passed a bill to remove employer information from Texas' online sex offender registry.

"I've been on that registry for 15 years and going on for a lifetime," said [name withheld], 34, who works in information technology and said he was arrested at 18 for copying illegal images. "I've never re-offended. I have no intention to re-offend."

It's not a change of swaying lawmakers but the wringing hands of frustrated business leaders — they complain their bottom line suffers when the public discovers who's on the payroll.

The odd result: Sex offenders and Gov. Rick Perry's favorite conservative think tank is among those left seeing eye-to-eye. The Texas Public Policy Foundation, which backs business-friendly bills, argues the current registry comes between the private relationship between employer and employee.

"We've seen if it bleeds, it leads in news coverage for years," said Marc Levine, director of the foundation's Center for Effective Justice. "Obviously, people may be able to make money by doing a news report, 'We went to a McDonald's and there was a sex offender serving as a cashier' or something. It may be salacious, but what's the public interest?"

Mary Sue Molnar, executive director of Texas Voices for Reason and Justice and the mother of a registered sex offender, said the bill is only the second her group has endorsed since forming in 2007.

Hers and a small band of similar organizations typically play defense in statehouses, arguing that decades of stacking one restriction atop another has pushed sex offenders to society's fringes. They say the result is growing ranks of unemployable and homeless outcasts, who then become more likely to commit new crimes.

"(Texas) would have every right to crow, jump up and down, dance jigs — whatever," said Brenda Jones, executive director of the Massachusetts-based Reform Sex Offender Laws Inc. "It would be a huge win. It's very difficult to do."

Pressure on lawmakers to step up restrictions began intensified in 2005 when 9-year-old Jessica Lunsford of Florida was sexually assaulted and killed by a sex offender, according to a 2006 report by Texas House researchers. States began enacting sweeping "Jessica's Laws" that generally included mandatory minimum sentences and prohibiting sex offenders from living with 2,000 feet of schools and playgrounds.

Rules were being put in place prior to that. In 2001, for example, a Texas judge ordered sex offenders to place conspicuous signs in their front yards announcing their convictions to neighbors. The U.S. Supreme Court has upheld that sex offender registries are not punitive, though an Indiana federal appeals court this month did uphold the rights of sex offenders to have social media accounts.
- Live with the laws for about 10 years, then tell us it's not punitive!

And states — Texas included— continue to roll out new legislation to more closely track sex offenders and restrict what they can and cannot do. Michigan Gov. Rick Snyder this month signed a new law expanding the state's public sex offender registry to include a wider range of crimes involving minors. In Arkansas, a proposal would keep sex offenders whose victim was under 18 on the registry for life, whereas now they can petition for removal after 15 years.

About a dozen bills in the Texas Legislature this session would create new restrictions, including one reinforcing the authority of cities to keep sex offenders away from playgrounds and swimming pools.

In all, it's a reality check that keeps groups stopping short of predicting that wiping employer information off the registry will lead to a wave of other rollbacks.

Tough-on-crime conservatives aren't the only ones piling on the restrictions, either: The Texas proposal that would require sex offenders to list their convictions on social media profiles was filed by Democrats' go-to political attack dog, state Rep. Trey Martinez Fischer.

"The state made a public policy decision in 1991 to get into this business. Every year we've expanded it," Martinez Fischer said. "It's all been done under the rubric that we need to protect the public. And most important, we need to protect those who probably can't protect themselves."
- And adding onto someones sentence, after the fact, is an unconstitutional ex post facto law!

Phil Taylor, a licensed sex offender treatment provider in Dallas, told lawmakers the social media bill would only further stigmatize sex offenders and hamper their efforts to rejoin society. He said 80 percent of sex offenders don't relapse after prison, and pointed out that the group has lower recidivism rates than burglars and other criminals.

Sex offenders, meanwhile, sought to make a pragmatic case to lawmakers: money and resources. State law requires released sex offenders to register within seven days of leaving prison. [name withheld], 43, said he fell out of compliance that first week of freedom because the state was so backlogged. Three months passed before [name withheld] said he was finally registered.

"I think if more people knew the person behind the mug shot, they would be more in favor of turning away from sex offender registry," [name withheld] said.

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CA - More Calif. sex offenders go missing under new law

Original Article

03/06/2013

By DON THOMPSON

SACRAMENTO - The number of paroled sex offenders who are fugitives in California is 15 percent higher today than before Gov. Jerry Brown's sweeping law enforcement realignment law took effect 17 months ago, according to figures released Wednesday by the state corrections department.

The increase amounts to 360 more sex offenders whose whereabouts were unknown and who were not reporting to their parole officers last year.

An Associated Press analysis of the Department of Corrections and Rehabilitation data shows that 2,706 paroled sex offenders dropped out of sight in the 15 months since the new law took effect in October 2011, compared to 2,346 in the 15 months before realignment. The numbers were obtained by the AP before their public release.

That's an average of 180 sex offender fugitives each month, up from 156 before realignment.

Attention has focused on parolees who cut off or disable their GPS-linked ankle bracelets, meaning that parole agents are unable to track their movements by satellite. Sex offender parolees are required to wear the tracking devices under Jessica's Law, approved by state voters in 2006.

The governor's realignment law sends lower-level offenders to county jails instead of state prisons and was enacted in part to conform to a federal court order to reduce the inmate population.
- I think they meant release people not just move them around!

Before the law took effect in 2011, those who violated their parole by tampering with the devices could have been returned to state prison for up to a year. Now they can be sentenced to up to six months in county jails, but many are released within days because local jails are overcrowded.

Some county jails refuse to accept the parole violators at all.

The problem varies greatly by county. Many saw no significant change, while some saw decreases in the number of sex offenders who could no longer be located.

But the number nearly doubled in Fresno County, from 62 before realignment to 116 through the end of last year. The number jumped from 685 to 847 in Los Angeles County, which produces about a third of the state's criminals.

Among other large counties in Southern California, Orange County saw an increase from 91 to 119; Riverside County from 131 to 151; and San Bernardino County from 154 to 195. The number dropped slightly in San Diego County, from 141 to 140.

In the Central Valley, Kern County saw an increase in the number of fugitive sex offenders from 51 to 67, Sacramento County from 170 to 191 and San Joaquin County from 74 to 94. San Francisco increased from 72 to 84.

Read the rest of the article here

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IL - Rep. Moylan Introduces Bill to Keep Child Sex Offenders Behind Bars

Rep. Marty Moylan

Original Article

The Des Plaines representative wants first-time offenders of predatory sexual assault to stay in prison for at least 20 years.

In furthering his efforts to make Illinois safer, state Rep. Marty Moylan (D-Des Plaines) introduced a bill that charges first-time offenders of predatory sexual assault of a child with a minimum sentence of 20 years in jail.

“Children should be able to run outside with their friends and play in the mud without having to worry about being sexually assaulted by an adult,” Moylan said. “But, unfortunately this isn’t the world we live in and these predators need a sentence that reflects this fact.”

House Bill 3195 (PDF), also known as “Jessica’s Law,” states that if convicted of predatory criminal sexual assault of a child, the term of imprisonment will be a minimum of 20 years for the first offense. This legislation is in response to a twelve-year old Florida girl who was raped and killed in 2005 by a previously convicted sex offender. Currently, those who are convicted of a first-time predatory criminal sexual assault of a child can received a minimum of only six years in jail. In effect, this legislation would keep convicted predators off the streets longer, protecting future victims.

Since taking office, Moylan is making it a priority to combat crime in his district and throughout Illinois. He recently passed legislation out of the House Judiciary committee that strengthens the penalty for failing to report hazing on school grounds. Moylan hopes to have similar success with this legislation—targeting sexual predators.

“Each case is heartbreaking,” Moylan said. “But I have faith this legislation will serve to deter predators and protect children throughout the State.”

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NJ - Assembly Passes Jessica Lunsford Act, 77-0

Original Article

02/21/2013

By Anthony Bellano

District 9 legislators had been concerned with the possibility that A-2027 would slow down the process.

New Jersey's General Assembly passed Bill A-2027 (PDF), dealing with the Jessica Lunsford Act, by a unanimous vote of 77-0 Thursday afternoon, Feb. 21, according to the State Legislature's website.

On Tuesday, the Ninth Legislative District sent a letter to Galloway Council and supporters of the Jessica Lunsford Act, stating that they felt the "watered-down" version of the bill circulated in the Assembly would slow down the process for getting the act passed in the state.

The legislators wrote, in part, that "passing A-2027 will further delay the enactment of the Jessica Lunsford Act as the Senate would be required to reconsider the legislation.”

Sen. Christopher J. Connors, Assemblyman Brian E. Rumpf and Assemblywoman DiAnne C. Gove also expressed concern over the lack of a harboring provision.

When introduced, the bill called for the harboring or concealment of a sex offender to be a second-degree crime, with certain exceptions reserved for the crime to be considered a third or fourth-degree crime. Offenders would be subject to increased penalties for harboring a known sex offender.

On Sept. 27, the Assembly Judiciary Committee amended the bill to eliminate the stricter penalty. The bill was adopted with amendments on Dec. 17, 2012.

The bill proposes a sentence of between 25 years and life in prison, in which a person convicted of sexual assault against a child younger than 13 must serve 25 years before being eligible for parole.

Additionally, the cost estimate related to the bill projects a cost of $43,000 to house an inmate for the fiscal year 2013, according to Department of Corrections data.

"It's a step in the right direction," Deputy Mayor Tony Coppola said Thursday night. "It's our obligation to help our children. They're helpless."

Coppola and Councilmen Brian Tyrrell and Jim McElwee agreed that the harboring provision is needed, but the passage of the bill through the Assembly was a positive step.

"It's like harboring a fugitive," Tyrrell said. "If an individual is not registered and you knowingly give that person refuge, there should be a fine for that. The passing of the bill is definitely a move in the right direction. It's a great thing."

"I am disapointed that the Bill A-2027 was offered in a diluted version and not the original Bill S-380 (PDF) that was passed by the Senate almost unanimously," McElwee said. "However, you take your victories when you can get them and supporters of this bill have fought long and hard for many years, especially here in Galloway. Mrs. J and the CUFFS committee are to be congratulated for their tenacity in pushing local and state legislators to pass this into law for the protection of children across the state."

In October of last year, the New Jersey State Senate passed S-380/S-642 (PDF). The Senate version of the bill classifies harboring as a fourth-degree crime subject to a minimum of six months in prison.

The primary sponsors of the Assembly Bill are District 21 Assemblywoman Nancy Munoz, District 11 Assemblywoman Mary Pat Angelini, District 24 Assemblywoman Allison Littell McHose and District 22 Assemblyman Jerry Green.

The legislation is named after Jessica Lunsford, a nine-year-old girl who was kidnapped, sexually assaulted and murdered by a registered sex offender in 2005. Lunsford was from Florida, and many states have enacted “Jessica’s Law” since. New Jersey is one of the few remaining states that have not, but the process had picked up speed after languishing for the past few years, stemming from a town hall meeting in Galloway between the Delegation and Galloway and Port Republic residents last February.

Following that meeting, the delegation began an online petition drive calling for legislative action to be taken on the Jessica Lunsford Act as well as other sex offender legislation.

In a matter of three weeks in the fall, the Senate Budget and Appropriations Committee passed the bill, followed by the Assembly Judiciary Committee and the State Senate.

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CO - ‘Jessica’s Law’ Shot Down In Colorado Once Again

Original Article

Mark, what about you and your son (Video)?

You said "Why are your repeat offenders repeating their crimes?" Well, if you look at the facts, and not your personal opinions, you will see that Colorado did a study (PDF) on recidivism, and as expected, they are low!
02/13/2013

DENVER (CBS4) – Some Colorado lawmakers say there’s no need to increase penalties for people who attack young children. What’s known as “Jessica’s Law,” named after a Florida girl sexually assaulted and killed, won’t become law in the state.

The same bill has failed four times now in Colorado. Democrats oppose it so much so this year they sent it to the so-called “kill committee.” Still, Jessica’s father, Mark Lunsford, traveled to Colorado from Florida and begged lawmakers to pass the bill.

“I kneeled down and I hugged her and I kissed her and told her I’d see her later,” Lunsford said.

Lunsford sat before Colorado lawmakers and cried as he recounted his darkest hour.
- Yeah, he's good at that now, he can cry on command.

“And the lump just starts to grow and your heart just kind of stops beating,” he said.

Eight years ago in February his 9-year-old daughter Jessica was kidnapped, sexually assaulted and buried alive by a man who had been arrested twice for sexually assaulting children; and yet had been released from parole.

“For those three days my little girl was tied with speaker wire and put into a closet,” Lunsford said.

“I want to send a strong message to our communities that we will not tolerate these crimes,” said Rep. Libby Szabo, R-Arvada.

Szabo is the sponsor of the bill. Jessica’s Law would require a minimum prison sentence of 25 years for anyone convicted of sexually assaulting a child under 14.

The Colorado Defense Lawyers Association opposed the bill, saying Colorado already has strong laws in place.

“The courts and prosecutors have been able to respond given the tools they already have,” an official with the Colorado Defense Lawyers Association said.

The minimum sentences under those laws range from two to 16 years. It’s at the discretion of the judges.

“We hear about all this discretion and recidivism rate. How many times do these children have to go through it before somebody does something,” Lunsford said.

But Democrats have opposed the bill time and again, and with the majority vote, killed it.

“It’s a one-size-fits-all solution and sometimes one size does not fit all,” said Rep. Mike Foote, D-Longmont.

Lunsford says he’s not giving up.

“Start an army that comes to your Capitol and kick your legislators right in the posterior,” Lunsford said.

The District Attorneys Council and Colorado Coalition against Sexual Assault took no position on the bill. However the Coalition against Sexual Assault released a statement saying that under Colorado’s Lifetime Supervision Act for Sex Offenders, there are already sufficient safeguards in place for those offenses.

Forty-five other states have passed Jessica’s Law.

See Also:

• 'Jessica's Law' fails again before Colorado lawmakers

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HI - Hawaii Lawmakers Aim to Strengthen Laws Against Sex Offenders Targeting Children

Original Article

01/29/2013

Nine-year-old Jessica Lunsford was kidnapped from her home in Florida by 46-year-old John Couey after he broke into her home at 3 a.m. in 2005.

Couey, a convicted sex offender who lived nearby in a trailer, raped Jessica over three days before brutally murdering her by burying her alive in two garbage bags. After confessing to the crimes, he was sentenced to death on charges of first degree murder, kidnapping and capital sexual battery.

Jessica's father, Mark Lunsford, helped get passed new legislation that makes life tougher for convicted sex offenders. The legislation was named the Jessica Lunsford Act allows law enforcement to more closely track sex offenders, can require sex offenders to wear electronic tracking devices and mandates increased prison sentences.

Other states passed "Jessica's Law" mandating a minimum sentence of 25 years and maximum life in prison for first time sex offenders who attack children. (See specifics of the legislation)
- From a biased blog site.

Hawaii is not tough enough on child predators, according to Senate Minority Leader Sam Slom, who wants to change that. The East Oahu Republican introduced Jessica’s legislation in this session and hopes Hawaii will become the next state to mandate that sex offenders who abuse children will spend at least 25 years in prison.

SB 799 (PDF) and SB 1223 (PDF) require electronic monitoring for those who sexually assault of a minor and it establishes mandatory minimum sentence of 25 years for felony sexual assault of a minor.

"It is unacceptable that Hawaii, whose lawmakers are always talking about doing things 'for the Keiki' have long neglected basic protection of our children against sexual predators," Slom said. "Some think even a 25 year minimum sentence is too lenient but it is better than Hawaii's current 2 year sentence. Nationally, several organizations have taken note of our indefensible position. Even though it is late, now must be the year we act and tell the monsters who prey on our children we will stop you."

Senators Gilbert Keith-Agaran, Michelle Kidani, Clarence Nishihara, Brian Taniguchi, Glenn Wakai and Senate President Donna Mercado Kim, signed on as co-introducers of the legislation. The Honolulu city prosecutor's office will be supporting similar legislation, according to spokesperson Dave Koga.

Political Commentator Bill O'Reilly has made a push for Jessica's Law to be enacted in every state. A map on his web site shows Hawaii is one of just 6 states that has lax laws for child sex offenders.

In a commentary on his web site, O'Reilly said: "These outrageous crimes could have been prevented, which is why I am calling on every state in the union to pass a version of 'Jessica's Law.' The legislation is named after little Jessica Lunsford, who was just 9 years old when her life was brutally ended by a sexual predator who had previously been convicted of sex crimes against a child. The crime forced Gov. Jeb Bush and the Florida legislature to mandate stiff minimum sentences for child abusers, who had all too often been slapped on the wrist by lenient judges."
- Most sexual crimes are committed by those not on any registry and by people the victim knows, so this would not "prevent" anything!

"There is simply no question that Jessica's Law will save lives, and similar laws need to be instituted in every state. ... This is literally a life-and-death battle to save our youngest and most vulnerable citizens from abuse, torture, and murder."

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NJ - Delegation lauds Jessica Lunsford senate passage

Original Article

10/08/2012

TRENTON – The State Senate passed legislation Thursday, Oct. 4 cosponsored and strongly supported by 9th District Sen. Christopher J. Connors and Assembly members Brian E. Rumpf and DiAnne C. Gove that would enact the Jessica Lunsford Act (S380, S642) in New Jersey.

The legislation is named for Jessica Lunsford, the Florida girl who was sexually assaulted and murdered by a convicted sex offender and is modeled on legislation which was enacted in Florida.

Under the legislation, mandatory terms of imprisonment would be imposed on persons convicted of aggravated sexual assault against a child under the age of 13. The person would be sentenced to a specific term of years fixed by the court, which would be between 25 years and life imprisonment, of which the person must serve 25 years before being eligible for parole. Under existing law, a person is guilty of aggravated sexual assault, a crime of the first degree, if he commits an act of sexual penetration with a victim under the age of 13. A crime of the first degree is ordinarily punishable by a term of imprisonment of 10 to 20 years or a fine of up to $200,000 or both.

“If ultimately enacted into law, the mandatory sentences called for under the Jessica Lunsford Act will make our streets safer by incarcerating dangerous child predators for longer sentences, if not the rest of their lives,” Connors said. “Prior to the legislation being acted upon by the legislature, our delegation established an online petition in support of the Jessica Lunsford Act to coordinate with the local efforts on this issue. Since 2008, our delegation has supported the Jessica Lunsford Act with the understanding that strengthening our state’s child predator laws is an issue of significant importance to our constituency.”

Rumpf said, “Given the most dangerous of sexual offenders’ propensity to reoffend and remain a danger to the community, the mandatory sentencing requirements, under the Jessica Lunsford Act, are appropriate and needed in the interest of public safety. In fact, since being advanced in the committee process, the legislation has been expanded to provide that a person who purposely harbors a sex offender that has failed to register is guilty of a fourth degree crime and would be subject to a minimum six months in prison. Unquestionably, the Jessica Lunsford Act will solidify State law in sentencing the most dangerous child predators and build upon the overall protections that first began with the enactment of Megan’s Law. ”

Gove said she agreed.

“Our delegation is elated that, finally, the Legislature is moving with deliberate speed to advance the Jessica Lunsford Act as a legislative priority,” she said. “Last week, the Assembly took the first step in that house by unanimously releasing the Jessica Lunsford Act from the Assembly Judiciary Committee. Not only does the Jessica Lunsford Act have widespread public support, but there is growing bipartisan support in the Legislature. Our delegation strongly believes this is due to not only the public safety benefits from the mandatory sentencing requirements but also from the added measure of justice that the Jessica Lunsford Act would bring to victims and their loved ones as well as to the community as a whole directly affected by such tragic and unspeakable crimes.”

Individuals can sign the 9th District delegation’s online petition drive calling for legislative action to be taken on the Jessica Lunsford Act as well as other sex offender legislation. The 9th District Legislators are the prime sponsors of legislation that would prohibit a convicted sex offender from residing within 500 feet of an elementary or secondary school, playground, or child care center. They are also prime sponsors of legislation that would require sex offenders be tiered (a determination of risk for re-offense) prior to their release from prison.

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