SD - Sex offender accused of illegally circulating petitions

Original Article

This is how you silence the opposition, pass more laws! He's banned from courthouse property? What if he has to go to court for something?

05/15/2013

By Andrea J. Cook

A state law prohibiting convicted sex offenders from circulating petitions is being used to prosecute a Rapid City man banned from county courthouse property more than a year ago.

It also could be the first time a law passed by the 2012 Legislature prohibiting registered sex offenders from circulating petitions has been applied.

During a court hearing Tuesday, attorney Dennis Groff said he is working with the Pennington County State's Attorney's Office to resolve the charges against his client, [name withheld].

Rapid City police arrested [name withheld]  75, after he was seen collecting signatures on a Bill Clayton recall petition on April 11 at the Rapid City Public Library.

A library security officer spotted [name withheld] collecting signatures outside the library. When officers arrived, they found him seated inside the library discussing the petition, according to police reports.

[name withheld]'s arrest came four days after he was asked to leave the Rushmore Plaza Civic Center where the Youth and Family Services Kids Fair was in progress. [name withheld] was circulating a petition outside the civic center, according to police reports.

[name withheld] has contracted to circulate petitions for several years, but his aggressive approach drew complaints at the Pennington County courthouse in 2011. County commissioners barred him from circulating petitions on county property in November 2011.

At the time, [name withheld] told commissioners circulating petitions was his only source of income.

During the 2012 legislative session, several Republican legislators from Pennington County carried a bill prohibiting registered sex offenders from circulating petitions in public places or on private property. The bill became law in July.
- Silence the opposition!

Many said the law specifically targeted [name withheld], who could not be reached for comment Tuesday.

During legislative discussions on the bill, supporters stressed the importance of keeping personal information, such as addresses, out of the hands of potential predators.

According to the South Dakota Sexual Offender Registry, [name withheld] was convicted of having sexual contact with a 12-year-old girl in 1986 in Pennington County.

After his arrest in April, [name withheld] posted a $300 bond and was released from jail. He is currently charged with two Class 1 misdemeanors for illegally circulating petitions on April 7 and 11. Each charge carries a maximum potential sentence of one year in jail and a $2,000 fine.

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MO - House endorses sex offender legislation

Original Article

04/30/2013

JEFFERSON CITY (AP) - Missouri House members have approved legislation (PDF) that would make changes to the sex offender registry.

Sex offenders would be grouped into three tiers with each considered to have a different risk of committing another offense. Eventually, people could file a petition in court and ask to be removed from the registry. How long they would need to wait before filing a petition would vary depending on their tier.

Part of the legislation also seeks to increase the penalty for incest, child rape and child abuse resulting in death. Another portion adjusts the definition of rape to include instances in which a woman has become incapacitated because of the actions of a third person.

The legislation approved 101-52 on Monday now goes to the Senate.

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FL - My Story and Petition link

The following was sent to us via the contact form and posted with the users permission.

By J:
Hello,

I will not get into my story deeply, if you are interested in knowing about it you can find it here.

In short I am FED up with Florida Sex Offender Laws, they are out of control!!

I have done hours upon hours of research and things are just not right.

The laws are unfair and when you are arrested for a sex crime you are automatically placed into one category.

They do not care about your past, your record, your mental state, or anything.

I signed this petition and would like to ask that you put the link on your blog. I just started my blog a couple of days ago so it has not been seen by many yet, but hopefully someone will see it and want to help!

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PETITION - Abolish the Public Sex Offender Registry. It is harmful to families and children

Sign the petition here

Not everyone who is on the Public Sex Offender Registry has molested a child or raped someone.

People deserve a second chance. Being on the registry gives NO SECOND CHANCE.

The National Public Sex Offender Registry, Sex Offender Registration Notification Act, (SORNA) and the Adam Walsh Act are counterproductive to the safety of families and children in society.

The Public Sex Offender Registry so stigmatizes all who are placed upon it that they cannot: Secure Employment, Secure Housing, nor Protect their innocent children from being traumatized by the stigma.

It has also create vigilantism toward the individual, their family members, and their children on the registry. It does not protect anyone and the recidivism rate is is less than 5%.

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PETITION - Stop the residency restriction laws on sex offenders. It does more harm then it was intended.

Sign the petition here

Description:
Residency restrictions (where someone sleeps at night) have no affect on when, where or if an ex-offender will re-offend, it only pushes them a way from family, support, and into homelessness, in some cases. There is no proof what-so-ever that residency laws protect anybody.

There is no studies out there that show residency restrictions prevent crime or protect anybody, they do, force people into homelessness, creating a new sub-class of citizens, and creates penal colonies.

When someone commits a crime, he or she should be sentenced, just like any other criminal. However, when a person is being punished, the lawmakers add more and more unconstitutional ex post facto laws on him or her, then it goes beyond that, into cruel and unusual punishment

Ex Post Facto...here is the link for the definition....

https://en.wikipedia.org/wiki/Ex_post_facto

If the laws are made too harsh, it's only a matter of time before people stop reporting, vanishing, or becoming homeless due to the draconian laws. Residency restriction will do nothing to prevent crime or protect anybody, it only turns people into homeless lepers, which potentially puts them in a situation where they will do anything to survive. So these laws put people in potentially more danger, not less.

The recidivism rate for sex offenders in general is lower than any other criminal, except murderers, around 3.5% to 10%, depending on the study. Here is the link to show the statistics....

http://sexoffenderissues.blogspot.com/p/studies.html

In summary, Once an offender has served their time, No one shouldn't have to deal with them, otherwise, it's additional punishment, which is unconstitutional.

And because of the residency restrictions, here is a video to show an example of how this is not helping anyone....

Video Link

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PETITION - U.S. House of Representatives: Do Not Ruin Anymore Families By Passing the Child Protection Act of 2012

Original Article

About This Petition:
We are focused on bringing awareness to the collateral damage suffered by the families of registered former sexual offenders. For years we have endured law after law being passed to criminalize what began in California in the 1930s as a registry of 11 types of offenses and is now raised to more than 189 "crimes!"

While proponents of the sex offender registry scramble to find even one case where the registry has protected a child, the children of registrants, numbering into the hundreds of thousands, suffer daily. One study found the following:

When asked, children of registrants stated that because their family member was listed in the public registry:

• 47% had suffered harassment by others
• 59% were ridiculed by others
• 52% suffered teasing by others
• 22% were physically attacked by others
• 65% feel left out with other children
• 77% suffer depression
• 73% feel anxiety
• 63% suffer from fear
• 13% have suicidal tendencies
• 80% have anger issues

When you read statistics like these we have to ask:

Are we neglecting the welfare of these children or perhaps much worse, encouraging such behavior leading to children becoming social outcasts due to the public registry.

We must demand more education and fewer laws!

Video Link

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PETITION - Celebrate freedom. Support a free and open Internet

Original Article

More than any time in history, more people in more places have the ability to make their voices heard.

Just as we celebrate freedom, we need to celebrate the tools that support freedom.

Add your voice in support of a free and open Internet.

Video Link

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WA - ACLU of Washington: Ensure safety & human rights of registered sex offenders & their families

Video Link

Click the image to read and please sign it

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Petitions - Remand possession of child pornography back to a misdemeanor and repeal registration

Original Article

Excerpt:
The way child pornography is currently being handled has to change. Dragging people from there homes in the night dumbfounded and disoriented is gestapo tactics. Leaking names to media to intentionally humiliate and pressure a plea is draconian. Most arrested people cooperate and admit embarrassingly they were merely curious. Since when is curiosity a crime in America? No other crime is being sentenced so unjustly and disproportionately. We can not afford in the current state of the country to incarcerate and supervise indefinitely, people that have never victimized another. There must be discretion in this highly emotionally charged issue that clouds rational judgment.

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PETITION - Stop False Accusations of Sexual Abuse in America!

Click the image to view the petition

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KS - PETITION - Place a moratorium on states from placing residency restrictions on registered sex offenders who've finished their time

It is worth noting, you have to have a WhiteHouse.gov account to sign the petition. This petition should be created elsewhere, IMO, if they want to get more signatures.

Click the image to view the petition

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UT - Sex offender bill awaits governor's signature

Original Article

02/17/2012

By Amy Macavinta

A limited number of sex offenders may be able to petition a judge to have their names removed from the Utah Sex Offender Registry in the future.

During the current legislative session, Rep. Jack Draxler, R-North Logan, is sponsoring House Bill 13 (PDF), which has now been approved by both the House and the Senate.

Sex offenders who have been convicted of unlawful sexual contact with a 16- or 17-year-old or unlawful sexual contact with a minor will be able to make an application to have their name removed from the list after five years.

There is a total of 26 different punishable sex offenses in Utah.

In Cache County, there is a total of 158 people registered on the State of Utah’s Sex Offender Registry. Of those, three were convicted of unlawful sexual contact with a 16- or 17-year-old. To be charged with this crime, the offender must be 10 or more years older than the victim.

Nineteen of Cache County’s offenders were convicted of unlawful sexual contact with a minor. County Attorney James Swink said this offense can be a misdemeanor if there are less than four years difference in age between the offender and the victim. If there is more than five years difference, the crime becomes a felony offense.

Approval will not be automatic. Provisions in the bill require that the sex offender seek a certificate of eligibility from the Utah Bureau of Criminal Investigations certifying that the individual has completed all terms of sentencing and remained crime-free.

Their investigation will include a search of nationwide databases.

The certificate of eligibility is good for 90 days from the date it is issued. During that time, the offender must deliver a copy of the application to the prosecuting attorney, who is tasked with notifying the victim or the victim’s family.

The family will have 30 days to object to an offender’s application for removal before the judge can conduct a hearing to consider removing a name from the sex offender list.

Swink acts as the legislative committee chairman for the Utah Council on Victims of Crime. He said the council was opposed to the bill when it was first drafted. However, Swink said Draxler was very open to concerns and made every effort to address any issues with the bill that might have had a derogatory effect.

“Our primary concern is for the victims who want closure in their lives,” said Swink. “Hopefully the door isn’t opened so wide as to be overly traumatizing to the victims.”

Swink said each criminal proceeding can be a stressor to victims.

“You want finality for them, and any time you open up new proceedings for them, it causes anxiety,” he said.

However, Swink does not believe this bill will affect very many offenders.

“We need a good, effective offender registry,” Draxler said. “We need to protect the public, but right now … its meaning is diluted by having people on there who actually may not belong there.”

Draxler said he is aware of a man who had sex with a 15-year-old girl when the man was 19 years old. He was prosecuted, convicted, sentenced and served jail time, according to Draxler. The man also completed required counseling. He later married the girl, and the two now have four children.

“He has not been able to take his kids to the park. He has not been able to go to their parent-teacher conference,” said Draxler. “He has not been able to live where he wants to live because of the registry, and it’s affected his employment because of the registry.”

Swink calls this type of case a “Romeo and Juliet” case. According to Swink, there are about 200 people either in state custody or on parole for the two sex crimes affected by this bill. Of those, only two fit the “Romeo and Juliet” description, Swink said.

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NC - Sex offenders petition to have names removed from registry

Original Article

The legal system should have to prove if they are or aren't a threat, based on facts, not the other way around.

12/09/2011

MECKLENBURG COUNTY - Dozens of registered sex offenders went before a Mecklenburg County judge Friday, hoping to be removed from the registry.

One sex offender spoke with Eyewitness News on the condition of not revealing his identity.

“Here it is, 12 years later, that they still got me on this probation, this registry,” he said.

The man went to the courthouse Friday, along with 29 other sex offenders who were petitioning to get their names removed from the registry.

But his petition was denied because he didn't pay for a psychological evaluation to prove he's no longer a threat to society.

He said being on the list is a catch-22.

“I cannot find work. I'm about to be homeless,” he said. “It would make somebody who doesn't believe in God kill themselves.”

But the District Attorney's Office said the 16 men denied on Friday show that the need for the registry is more important than ever.

“It's important for the community that they know we are still on top of it and making sure that the individuals who are on the registry need to be on the registry,” said Leslie Cooley with the Mecklenburg County District Attorney’s Office.

Cooley showed Eyewitness News the requirements of the law, like the psych exam that sex offenders need to fulfill before they are taken off the registry.

She said it ensures that every name removed is the right one.

“You need to make sure that you have done the right thing,” Cooley said.

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WI - Investigate Grant County Wisconsin D.A. Lisa Riniker

Related Story

Click the image to view the petition

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PETITION - Tell Congress to Stop Putting Children on Sex Offender Registries

See here for more petitions, surveys, etc!

Click the image to view the petition

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WA - New amendment could change juvenile sex offender registration

Original Article

10/17/2011

By Ashley Korslien

SPOKANE - A new amendment could change the way juveniles are required to register as sex offenders in Washington State.

Junveiles were previously required to prove beyond a reasonable doubt that they will not re-offend, but that burden of proof is now lower.
- Since when did we move from us having to prove we didn't do something instead of the state having to prove beyond a reasonable doubt we did?  We've done a complete 180 degree turn.

Juveniles between 15 and 17 years old who have committed a Class A offense, such as first degree rape or murder, can petition the court to be allowed not to register as a sex offender.

Juvenile offenders used to have to present clear and convincing evidence that they would not re-offend, including professional evaluations and treatment. Now, only a judge now has to decide if a person more than likely will not re-offend, but the wait time is longer than in the past.

The amended law requires offenders to wait five years to petition the court. It used to be only a two year wait.

Detective David Bentley of the Spokane County Sheriff’s Office knows people might be alarmed by the changes, but he offered some professional insight to those who disagree with the change.

“Statistics show that very few of them actually re-offend,” Bentley said. “So it’s a chance for them to be productive citizens again.”
- This is true, and it's also true for adults.

Detectives say most juveniles don’t even try to petition the court to relieve them of registering because they can’t afford to do so. Officials say it costs more than $3,000 dollars to petition.
- And the same can be said for adults.

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PETITION - Decriminalize Consensual Teen Sex

Click the image to view/sign the petition

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DC - We the People: Announcing White House Petitions & How They Work

Click the image to read the article

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Video Link

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GA - Augusta sex offender asks to get off state list

Original Article

08/09/2011

By Kyle Martin

An Augusta man is asking to have his name removed from Georgia's sex offender registry, 18 years after pleading guilty to two sex offenses, court records show.

In a lengthy petition filed Aug. 1, [name withheld] makes the case for his removal based on several factors, including his community involvement and family life.

His attorney, C. Scott Connell, writes that [name withheld] is a "very different person in 2011 than he was in 1993" and calls him a "model citizen."

[name withheld] "... has done everything imaginable to demonstrate that the offenses of nearly two decades ago will never happen again," the petition reads.

Connell declined to comment Tuesday before the case is closed.

More than a year has passed since Georgia eased restrictions on its 20,000 sex offenders and made it easier to be removed from the registry. Since the law was signed in May 2010, 107 sex offenders have been removed from the sex offender registry, with 42 other applications pending before the Sex Offender Registration Review Board, according to The Associated Press.
- Not sure how this is true, since I've been monitoring the registry for a year now, and the number of offenders continues to grow, instead of going down.  See here.

The law removes the 10-year waiting period for low-level sex offenders and makes it possible to immediately petition for a removal from the list. These include the so-called "Romeo and Juliet" offenders who had sex with an underage girlfriend, for instance, or were convicted of a nonsexual offense involving a minor, such as false imprisonment.

Because the law is relatively new, little precedent has been established for these cases, said attorney Page Pate, whose law firm handles sex offender petitions across the state.

Generally, judges will consider the type of offense, whether any threats were made against the victim, the risk of re-offending and any psychological evaluations of the offender, Pate said.

"It depends on the judge," Pate said, because removing someone from the registry is not a politically popular decision.

[name withheld]'s petition addresses all of those issues. He pleaded guilty in 1994 to two counts of criminal sexual conduct with a minor in Greenville, S.C. His concurrent sentence of 15 years was suspended after two years of confinement, followed by five years' probation.

He was released on probation on Nov. 1, 1995, and registered with the South Carolina Sex Offender Registry. For several months after returning home to Augusta, he reported to Augusta and Greenville probation offices, then only Richmond County probation.

He was removed from the South Carolina registry one year after his release, but it wasn't until three years later, in 1999, that authorities told him to register in Georgia, court records said.

The petition said that [name withheld] has been "fully compliant" with the conditions of his release for the past 11 years. He also has been evaluated by four psychologists, who agree he is at a low risk of offending, the petition states.

The petition described [name withheld] as a husband, father and "successful businessman." His children's application at a private school was rejected because of [name withheld]'s name on the registry, the petition alleges.

"This is yet another source of great pain which has been brought about by his status on the Registry," the petition said. "If there ever was a person for whom the removal portion of the Registry statute was made for it is surely this man."

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Help us INCLUDE sex offenders in The Second Chance Act of 2011

Click the above image to view the petition

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