Tuesday, July 1, 2008
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Keith Shortsleeves knew he was going to have to stay in Glens Falls Hospital for at least a few weeks when he checked in on Jan. 20 for diabetes-related problems.
Circulation problems required partial amputation of his left leg.
But within a few weeks, Shortsleeves had recovered to the point he was ready to be discharged.
"I thought I'd just be going home," he said.
Nearly five months later, Shortsleeves is still in the hospital, despite the fact he is no longer in need of treatment there.
The hospital's staff won't let him go because he doesn't have a home that meets his needs for post-hospital care, he said during an interview in his room last week.
He is a Level 3 sex offender who can't go back to his former apartment in Fort Edward because of handicapped accessibility issues, but can't find an accessible apartment anywhere else because of laws that dictate where sex offenders can live.
So since February, Shortsleeves has stayed in a variety of hospital rooms, most recently in a third-floor corner room overlooking the front parking lot, waiting for a solution to his housing woes.
"I don't want to be here, but I got no choice," he said. "I ain't got no place to live."
Shortsleeves is the poster boy for a little-known state law that requires hospital patients to show they have somewhere to go that meets their care needs before they can be discharged,
His presence for such an extended period of time has raised the hackles of many hospital employees on the heels of job cuts there, according to two hospital staff members who spoke the condition of anonymity. (They could not be identified because they are not allowed to discuss patient issues with the media.)
Many hospital employees refer to them as "custodial" patients because many of them want to leave but they aren't allowed to by hospital administrators.
"People wonder why the hospital is losing money," said one of the staff members. "This guy (Shortsleeves) isn't the only one. We get lots of them. We've got a lot of little old ladies who are there (in the hospital) for months when they don't need to be."
"There's nowhere for them to go, so they stay here," the other staff member added.
The tab for many of their stays falls to taxpayer-funded Medicaid or Medicare.
But Ray Agnew, a hospital spokesman, acknowledged some stay past the point where those programs will pay for their hospitalization, so the hospital has to absorb the cost of their stay.
"We can't discharge a patient unless their discharge plans meets their needs," he said. "It happens from time to time. In these cases, we rely on community resources. We really leave no stone unturned."
Agnew said he could not discuss specific patients. He also said the hospital could not say how many patients were required to stay past, or how much it was estimated to cost the hospital to house them.
Hospital "discharge planners" and physicians determine whether a patient's plan is appropriate. The most basic requirement is to have a home to go to.
"Most of the time, it's people who need to be discharged to a nursing home, but often there is no (nursing home) space available," Agnew said.
Beth Goldberg, a spokeswoman for the state Department of Health, said the state Compilation of Rules and Regulations governing hospitals spells out the procedures and requirements of hospitals
"The hospital is required to release a patient to the least restrictive environment that meets their post-hospital needs," she said.
One of the two anonymous employees, a nurse, said the hospital sometimes sees people drop their elderly parents off when they can't care for them or find nursing or adult homes that will take them.
"Children aren't legally responsible for their parents, so sometimes they're just dumped at the emergency room," the employee said. "We had an intoxicated guy left with a mattress outside the ER door."
These patients who can't leave cost the hospital money because staff members must attend to them, even if they don't need medical care. Their rooms need to be cleaned, they must be fed and the elderly, sick or injured who need assistance but not full hospitalization have to be catered to as well, one employee said.
Many are frustrated at their situations, and take it out on hospital staff members, one of the employees said.
One employee said "custodial" patients were also problem at Albany Medical Center when the employee worked there a number of years ago.
Greg McGarry, a spokesman for Albany Medical Center, said patients having to stay after they could be discharged has long been a "significant issue" at Albany Med. He said the costs of those patients are part of the $35 million-a-year in charity and unreimbursed care for which Albany Med picks up the tab.
"It was an issue when I got here 23 years ago, and it's still an issue," he said. "Part of the problem is nursing homes are getting pickier and pickier about who they will take."
A bill introduced in the state Assembly last year would change the law relating to patient discharge.
It would require the state Department of Health to create "transitional units" with 4,000 beds for use by Medicare patients who no longer need to be treated in the hospital but can't go home, either. It was sponsored by Assemblyman Tom McKevitt, a Nassau County Republican.
However, the bill was first put in last year, and has not passed the Assembly either this year or last year. Companion legislation has not been introduced in the Senate.
Shortsleeves is a Level 3 sex offender because of a 1995 conviction for sexually abusing a 12-year-old girl and a 2002 conviction for having child pornography. He served nearly 8 years in state prison between the two cases, but is no longer on parole.
He weighs more than 300 pounds and is wheelchair-bound, with part of his left leg amputated, and part of his right foot amputated as well. He said he has asthma and heart problems.
"I'm not going to hurt anybody. I'm in a wheelchair for gosh sakes," he said.
Shortsleeves said he has a number of relatives in the region, some of whom would take him in, "but they're all in the red zone." He has two former roommates, who he calls "Ma and Pa," who lived with him in Fort Edward, but they have to leave their home because it has been sold.
He said hospital staff have done everything they can, and he recently put an advertisement in The Post-Star seeking housing.
"I know they want to get rid of me because there are other people who need the room," he said. "They've been really good to me and they're trying to help me, but they just can't find nothing."
Shortsleeves had lived on Mosher Hill in Hudson Falls until a few weeks before he was hospitalized.
The state sex offender registry still lists that address for him. Glens Falls Police Sgt. Marty Chittenden, who monitors the Glens Falls Police Department's registry, said he was aware of Shortsleeves' location at the hospital, but he has not had to register as a resident of the hospital because it's not his permanent residence.
Hudson Falls Police Chief Randy Diamond said his office has gotten a number of calls from Washington County Adult Protective Services looking for assistance in figuring out what parts of the village he can live in.
A law that spells out where sex offenders can live has resulted in much of the village being off-limits. Shortsleeves was grandfathered under the law at his prior village residence, but when he moved out, he could not return.
"They (Adult Protective Services) has been trying to find a place for him," Diamond said. "He's always been very cooperative with us. But there are laws that say where he can go.
"It seems like it's one of those situations where it's kind of falling between the cracks," Diamond added.
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Video is available at the site. And here again, the word punishment comes up, and from a lawyer, so once again, proof these laws ARE punitive and not just restrictions.
KNOXVILLE (WVLT) – On Tuesday, July 1, the new year begins for the state government, bringing with it new laws, and changes are coming, particularly in areas designed to protect our children.
Some new laws may not be noticed by most, but others have the potential to dramatically change lives.
One area of focus this year dealt with convicted sex offenders, but that's not the only change designed to protect your children from harm.
Tennessee's sex offender registry is already a big part of the law enforcement effort to protect your family from predators. Beginning July first, the registry and those on it will be governed by some new laws.
- Once again, it is a sex offender registry, not a predator registry. Not all sex offenders are the registry are predators, so stop the nonsense...
Knox County Assistant District Attorney General Del Holley says, "We're going to see an impact on the prosecution side."
Holley prosecutes sex offender cases for the Knox County District Attorney General's office. Here are some of the changes he's talking about. Convicted sex offenders will have to provide all e-mail addresses they use. They must also report all aliases they have used and provide DNA samples. Other new laws will further limit how much time they can spend around schools and require offenders to carry a driver's license or other photo I.D. at all times."
Holley says, "The legislature is looking more and more for ways to punish people extensively for these types of offenses because studies are showing that there's very little likelihood that folks who commit these kinds of offenses will be able to go back into society as productive members of society."
- What a crock of s--t!!! There is many studies which prove what this man says is just that, BS!!!
Another new law designed to protect your children is called Claire's law. For the first time in Tennessee, every newborn will be required to have a hearing screening and those with insurance will be covered.
Dr. Michael Belmont, is a pediatrician whose specialty brings him face to face with children who have hearing problems. He says most local hospitals already do the testing, but the new law is designed to make sure no child misses out on an early diagnosis.
Belmont says, "There are a number of very good studies that show that early testing and intervention, in the form of hearing aides, cochlear implantation, and speech therapy really have a positive outcome for that child and his entire life afterwards."
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A portion of Utah’s sex offender laws addressing the internet may be unconstitutional, according to a federal judge.
In Utah, sex offenders must register. The state’s new laws requires offenders to give their internet passwords to officials so they can check if there is any attempt to entice children on the web.
A sex offender has sued to prevent the internet password requirement and a federal judge indicates the sex offender might be right.
Last February Utah legislators toughened up the registry requiring all sex offenders to disclose passwords to sites such as MySpace and You Tube.
Brent Johnson – an attorney assigned to the offender by the court - said the sex offender believes the requirement “violated his Fourth Amendment rights”.
Federal Judge Teena Campbell said the “John Doe” may have a point. The judge indicated that the offender does not have to tell Utah officials his passwords until after a court hearing.
The offender’s court appointed attorney said the man had served his time and the state shouldn't be adding punishment that was not judicially determined.
Listen to all the BS lies Dennis says. 100% conviction rate, yeah right. What about all the people the judges let go? See this item on Corrupted-Justice.com. This man sticks his foot in his mouth, and wines like a baby when confronted. Read the PJ forums, and CJ forums, you will see their "intentions!"
Also see this item! He also mentioned that all of the PJ people work exclusively with police. Well, if you read their forums, a TON of the people who "work exclusively with police" and volunteers, so every time he opens his mouth, he is digging their grave...
View the article here | Another Article Here
Karma sucks, doesn't it?
JEFFERSONVILLE — Former Clark County Republican Chairman Glenn Murphy Jr. has been sentenced to two years in prison and must register as a sex offender after being convicted of criminal deviate conduct.
The 34-year-old Murphy was sentenced Monday. He reached a plea agreement with prosecutors last month.
Authorities say he performed oral sex on a sleeping man following a party at a home in Jeffersonville last July.
Murphy resigned after the charges became public in August.
Murphy and his attorney declined to comment after the sentencing.
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CINCINNATI (AP) -- Any store clerk who sells books, magazines and videos that are later considered obscene is in jeopardy of being forced to register as a sex offender, an attorney who filed a lawsuit challenging a new state law said Tuesday.
Ohio's sex offender law, which took effect in January and increases the length of time convicted sex offenders must register with police, is unconstitutional because it contains a provision that for the first time applies to people convicted of pandering obscenity, said attorney Louis Sirkin.
Sirkin represents a woman - identified in the lawsuit as G.B. - who works as a manager at the city's Hustler Hollywood store, which sells sexually explicit DVDs and adult magazines. Because of the subjective and ever-evolving definition of obscenity, the woman fears she could be prosecuted for pandering obscenity and, if convicted, forced to register as a sex offender, he said.
"Everyone who sells media material, whether it's a clerk at a Barnes & Noble or a clerk at an adult video store, should be concerned about this," Sirkin said. The lawsuit, filed last week in U.S. District Court, asks a judge to strike down the law's obscenity provision on the basis that it violates rights to due process and free speech.
"We are prepared to defend the constitutionality of the law," said Jim Gravelle, a spokesman for the Ohio attorney general's office, which is named as a defendant.
Gravelle declined further comment, saying he hadn't seen a copy of the lawsuit.
The Hustler manager has worked at the store since 2006. Being forced to register as a sex offender would devastate her children and likely cause them to be kicked out of their Catholic school because it requires background checks, the lawsuit said.
"If prosecutors could go after someone like her, imagine the chilling effect this law could have on movie theaters or museums that display something later deemed obscene," Sirkin said. "I don't think that was the purpose of rewriting the sex offender law."
In 1990, the Contemporary Arts Center in Cincinnati and its director were charged with obscenity for exhibiting photographs by Robert Mapplethorpe, a controversial American photographer known for his homoerotic images. Both were acquitted, but the case sparked a national debate over using government funds for the arts.
A message seeking comment was left Tuesday with state Sen. Steve Austria, a Republican from suburban Dayton who sponsored the sex offender bill.
The state Legislature passed the law last year to comply with a federal one that requires states to increase sex offender registration requirements by 2009 or lose some federal funding. The federal law is named after Adam Walsh, a 6-year-old Florida boy abducted and killed in 1981.
Department of Justice Announces Final National Guidelines for Sex Offender Registration and Notification
The National Guidelines for Sex Offender Registration and Notification - Final Guidelines, July 2008 (PDF - 99 Pages)
Proposed Guidelines and Information (Also comments that were sent in)
WASHINGTON, July 1 /PRNewswire-USNewswire/ -- The Department of Justice today announced the final guidelines for Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA). The Guidelines provide necessary tools for states, the District of Columbia, territories and certain federally recognized Indian tribes to incorporate SORNA minimum requirements into their sex offender registration and notification programs.
"The Department is pleased to provide guidance to states and other covered jurisdictions in complying with the Adam Walsh Child Safety and Protection Act," said Acting Assistant Attorney General Jeffrey Sedgwick of the Office of Justice Programs. "These Guidelines will provide valuable implementation strategies to enhance their abilities to respond to crimes against children and adults and prevent sex offenders who have been released back into the community from victimizing others."
Today's final guidelines provide direction and assistance to all jurisdictions in their efforts to meet the minimum standards of the Adam Walsh Act. Since the enactment of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act in 1994, all states, the District of Columbia and two territories currently have some form of a sex offender registration and notification program. On July 27, 2006, President Bush signed into law the Adam Walsh Child Protection and Safety Act which dramatically enhanced the effectiveness of current programs by establishing a new comprehensive set of minimum standards for sex offender registration and notification throughout the United States.
The Department of Justice published proposed guidelines for the SORNA provisions of the Adam Walsh Act in the Federal Register on May 30, 2007, and were available for public comment until August 1, 2007. More than 275 comments were received from criminal justice professionals, sex offender registration officials, state and local governments, tribal communities, Congress and the general public. Based on the comments received, the final guidelines provide general principles for jurisdictions working to implement SORNA and further clarification on several topics including the treatment of juveniles, retroactivity, tribal issues, information subject to Web site posting and duration of registration.
On July 30--August 1, 2008 the Office of Justice Programs' (OJP) Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) will host its second annual National Symposium on Sex Offender Management and Accountability in Baltimore. The symposium will bring together state and federal lawmakers, top state, local and tribal government officials, policy advisors, law enforcement, parole and probation officers, prosecutors, and frontline professionals who monitor, register, track and manage sex offenders. The meeting will include special tracks that focus on policy, enforcement, emerging issues, and topics related specifically to sex offender management in Indian Country and tribal governments.
The final guidelines and additional information on significant changes can be found at http://www.ojp.usdoj.gov/smart.
The Office of Justice Programs, headed by Acting Assistant Attorney General Jeffrey L. Sedgwick, provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist victims. OJP has five component bureaus: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime. Additionally, OJP has two program offices: the Community Capacity Development Office, which incorporates the Weed and Seed strategy, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). More information can be found at http://www.ojp.gov.
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Hopefully, if this is shot down, it will affect the same in Georgia's SB-474.
Sex offender exempted from new rule to reveal online passwords
A federal judge has barred Utah from enforcing a new sex-offender law against a Weber County man whose lawsuit against the state could be a test case that decides whether the law is constitutional.
House Bill 43, which is to go into effect today, requires registered sex offenders to hand over to the Department of Corrections all passwords to online social networking sites, such as MySpace and Facebook.
During a hearing Monday, U.S. District Judge Tena Campbell found that the enforcement of the law against "John Doe" would cause him "irreparable harm" before the court had a chance to review the constitutionality of the state law.
The decision deals a small legal blow to the state. At one point, however, Campbell considered enjoining the state from enforcing the new law altogether instead of just applying her ruling to one sex offender.
The man, who court documents only identify as "John Doe," claims the new law violates his Fourth Amendment right against unlawful search and seizure.
According to a federal suit filed last week, Doe says he was found guilty of carnal knowledge and sodomy on a minor in a military court in 2005 and sentenced to 18 months confinement. In addition to a bad conduct discharge from the Air Force, Doe served 13 months in the military corrections system and was released early for good behavior.
Doe says he has never been under the jurisdiction of the Utah Department of Corrections, which manages Utah's sex-offender registry, but was forced to register as a lifelong sex offender. Specifically, Doe claims the new provision unconstitutionally requires registered offenders to hand over online identifiers and passwords to social networking and blogging sites. He argues that although the state claims the purpose is to "monitor" offenders, the state can also gain access to sites and plant evidence against people.
In court, assistant Utah attorney general Sharel Reber said the information gathered will be kept in a database by the state and will not be made public, but rather used for law enforcement purposes only. Reber said the new law will not violate the Fourth Amendment because law enforcement requesting access to the database must first seek a warrant from a judge. The state already gathers other personal information from offenders, such as home addresses and Social Security numbers.
-This doesn't make sense, why should RSOs TURN OVER INFORMATION FIRST if the state has to get a warrant anyway, someone isn't truthful here, or- this is one crafty egregious law to get anything (evidence) that can be construed and used as a basis for the warrant.
Campbell said the suit presented "thorny and complex issues," which needed to be fully studied. Because she saw the enforcement of the law against Doe as doing potential "irreparable harm," Campbell ordered that Doe be registered as a sex offender under the old law for now.
Wanting to give time for each side to fully study the constitutional issues, Campbell has asked that Doe's attorneys file a comprehensive legal brief outlining their case by July 21, with the state filing its opposition brief by Aug. 11. A hearing date of Aug. 28 has been set for legal arguments and to determine what further legal action may be needed.
Rep. Jim Bird, R-West Jordan, and sponsor of HB34, said the bill was drafted after a similar law in New Jersey. The states of Florida and Kentucky also have such laws. Bird said he did not know if there had been any legal challenges in those states but was confident Utah's law will stand up to a legal challenge.
"We are very confident that we won't have any problems with this law," Bird said.
University of Utah law professor Paul Cassell, formerly a federal judge, said the case will hinge on whether the new password requirement is viewed as being in the interest of public safety or as punishment against the person.
The U.S. Supreme Court has ruled the state cannot go back and change the terms of a person's punishment. "If this is viewed as punishment, under the Constitution, you cannot impose ex post facto punishment," Cassell said.
It is likely Doe and his attorneys will argue that the requirements under the Utah Sex Offender Registry are punitive against people who have fully paid their debt to society.
Cassell said the state is likely to argue that the registry is in the interest of public safety and that forcing registered offenders to hand over their passwords to online accounts will protect children.
-Obviously they haven't yet understood what the 4th amendment means, or cases that flow from it.
This is the second similar suit this year to challenge the constitutionality of the sex-offender registry. Steven Arthur Briggs, another convicted sex offender, sued the state claiming the registry violates his right to due process by imposing new requirements on offenders without court review.
Briggs also argues the registry holds people out to public shame and should be considered punishment beyond an offender's sentence. His case is pending a ruling from the Utah Supreme Court.
Campbell ruled that Doe will be allowed to pursue his case without using his real name. Any documents filed with his real name will be filed under seal.
Yep, this country is becoming more and more evil. We might as well go back to the stone age. What type of message does this send out to people? If it's ok to beat someone up like this, then hell, why don't we all become vigilantes and beat the hell out of each other? Might as well, that is what these people are saying here... SHE ATTACKED THIS MAN FOR NO REASON!!!! The people who bailed her out, are sick in the head! She has a history of assault, and should be in prison for a long time now. But like I said, society has stooped to the animal instinct...
So here, she admits if she had it to do again, she'd do it again, so this is, by her own admission, the reason she needs to stay in jail/prison, and I am hoping the judge sees that and slams her butt. And this is also more proof as to why the registry needs to be taken offline, like it was before. THE PUBLIC CANNOT HANDLE THE INFORMATION IN A CIVILIZED MANNER! And what is funny, I feel like the more this happens, they will help knock down the laws..
I hope and pray they play these videos in the court room, she will hang her own self... Don't guess she's every heard of remaining silent???
From her own admission, he was talking to her, LAST YEAR, not this year, and she has no right to do what she did. And she is smiling about it... She is sick and demented!!! If she'd snap like this, who will be her next victim? Yep, she is hung, IMO....
I'm just waiting on that EVIL PETRALUNA laugh to come out of here mouth. See below.