Friday, September 11, 2009

MA - FinCom rejects sex offender bylaw

View the article here

So, do you really think that someone who is deemed dangerous by a review board, who has a history of sexual abuse, would obey ANY laws?  Yes, bylaws are better, they open up more places for low risk offenders, but the truly dangerous are not going to obey the laws anyway.

09/11/2009

By Emily Wilcox

Is loitering bylaw a better bet?

PLYMOUTH - “It’s not where they live, it’s where they go, then?” Advisory and Finance Committee Chairman William Driscoll asked.

Robert Baker, retired director of operations at the Mass. Sex Offender Registry, nodded yes, capping off more than an hour of discussion on a proposal to adopt a local bylaw that would prohibit sex offenders from living within half a mile (or 2,500 feet) of any school, daycare center, elderly housing complex, park or recreation facility.

Plymouth is home to 10 Level 3 sex offenders, two of whom are homeless.

Selectmen voted unanimously to have this town bylaw drafted after learning Plymouth has no law on the books restricting the residency of Level 3 sex offenders. Town Meeting will consider the proposal Oct. 26.

But Baker and his wife, Debra, a licensed mental health counselor who works to rehabilitate sex offenders, offered a different perspective on the issue and shared their knowledge and experience with the Advisory and Finance Committee Wednesday night.

The Bakers say adopting a no-loitering bylaw to restrict where sex offenders go could be effective, but restricting where they live to such a severe extent will result in more homeless offenders who police won’t be able to track.

Town officials have expressed concern that the half-mile restriction would be so severe The Pinehills would be one of the few areas left in town where sex offenders could live. Selectman Butch Machado countered that the restriction would also allow Level 3 sex offenders to live in his and Selectman Bill Hallisey’s neighborhoods. And it’s unlikely a Level 3 sex offender would be able to afford to live in The Pinehills, he added.

According to Machado, district attorneys across the state contend that towns like Plymouth that don’t adopt a bylaw become a dumping ground for Level 3 sex offenders.

But Police Chief Michael Botieri and the Bakers say they’re concerned the sweeping residency restriction selectmen propose simply won’t work. Botieri noted that the majority of sex offender crimes and abductions do not take place in the sex offender’s home. Police want sex offenders to have addresses, so officers can keep an eye on these felons, he added.

Plymouth’s two homeless Level 3 sex offenders are required to register with police every 45 days, which they do, Botieri said.

While the Sex Offender Registry Board recommends police visit or contact Level 3 sex offenders twice a year, Botieri said his officers pay a visit to these felons every three months. His plan, he said, is to step up this effort. Botieri plans to assign an officer to each of the town’s Level 3 sex offenders andeach officer will be responsible to visit their assigned offender once a month.

While Botieri said he’s concerned a residency restriction wouldn’t increase safety, he said he would be interested in exploring the possibility of a loitering bylaw.

There is no law prohibiting a Level 3 sex offender from sitting on a park bench, visiting a playground or loitering in a park or at a senior complex. If Plymouth is sincerely concerned about increasing the safety of its citizens, the town ought to consider a no-loitering bylaw instead of the residency restriction, the Bakers said. Restricting where these offenders can go is the key, they said, to increasing safety. As it stands, police can only notify schools and organizations that a Level 3 sex offender has been frequenting the area; police can’t arrest the offender unless a probation violation has occurred.

The Advisory and Finance Committee voted unanimously not to recommend Town Meeting approve the proposed residency restriction for Level 3 sex offenders.

At the behest of committee member Linda Benezra, the committee also voted to reduce the proposed residency restriction from 2,500 feet to 1,500 feet, in the event Town Meeting overrules the committee’s position against the proposal. For the sake of clarity, the committee also voted not to recommend the 1,500-foot residency restriction.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


Media lies about the so called "clustering" of offenders living around Phillip Garrido, as usual!

Click the image below to view the article. Notice in the article the news media mention clustering of sex offenders around where this man lives. Well, when I examined where he lived, I did not see any "clustering!" Once again, the media lies and hopes the general public believes it, and why you should investigate things for yourself, because the news won't tell you the truth!



"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NJ - Ocean City to repeal residency rules for sex offenders

View the article here

09/11/2009

By MICHAEL MILLER

OCEAN CITY - City Council plans to join several other local towns in repealing rules that restrict where sex offenders can live on the island.

Ocean City has one of the strictest residency rules for convicted sex offenders, preventing certain offenders from moving into homes within 500 feet of any beach or 1,000 feet from any school, park, playground or day-care center.

Millville, Margate, Wildwood Crest, Wildwood, Egg Harbor City and Sea Isle City are among the New Jersey municipalities that have taken similar steps to repeal their residency rules for convicted sex offenders after the state Supreme Court struck down a similar ordinance in Galloway Township in May.

The court found the state's Megan's Law already requires law enforcement officials to determine where convicted sex offenders should live upon their release from prison.

City Council will conduct a public hearing on the measure to rescind the ordinance Sept. 24.

Solicitor Keith Szendrey said Thursday the city had few choices. Its insurance company suggested repealing the ordinance on technical grounds.

"If we prosecuted someone or someone believed they could be prosecuted, we could incur damages and attorney fees in defending the ordinance," Szendrey said.

Council President Susan Sheppard suggested the city could supplement Megan's Law with an ordinance tailored to Ocean City. But Szendrey said any local ordinance likely would not withstand court scrutiny.

"If we tried to enforce it, the court would throw it out," he said.

More than 100 towns in New Jersey passed ordinances restricting where convicted sex offenders can live.

After the court decision, the state Legislature began drafting a statewide bill allowing towns to restrict where certain convicted sex offenders can live. Specifically, the law would restrict those criminals deemed likely to re-offend and whose victims were under 18 from living within 500 feet of schools, playgrounds or day-care centers.

An early draft of the law called for a 2,000-foot buffer around these public areas, including libraries and parks.

But the proposal does not allow towns to exclude sex offenders from living virtually anywhere within their borders.

According to the Megan's Law registry maintained by the State Police, Ocean City is home to two Tier-2 offenders convicted of sexual assault. One engaged in inappropriate conduct with a female acquaintance. Another gained the trust of a child under 13.

Cape May County has 87 registered sex offenders, according to the registry. Atlantic County has 316 offenders. Cumberland County has 108. Ocean County has 198.

Megan's Law is named for Megan Kanka, a 7-year-old girl from Mercer County who was assaulted and killed in 1994 by a twice-convicted sex offender who lived across the street.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NY - Sex Offender Jailed For MySpace Account

View the article here

09/11/2009

QUEENSBURY - A convicted Level 3 sex offender is in the Warren County Correctional Facility without bail after authorities say that he opened an internet account with myspace.com without making the required notification.

The Warren County Sheriff’s Office said they developed information that _____, 33, of 932 Rte. 9, Queensbury had opened up an internet account with myspace.com without notifying either their office or the New York Sex Offender Registry.

Correction Law requires registered sex offenders register within 10 days with law enforcement, after a change of any address, internet account and job.

_____ was arrested on a felony charge for failure to report change. He was arraigned in the Queensbury Town Court and is being held in the Warren County Correctional Facility without bail.

The case was investigated Patrol Officer Paul Wells.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


AZ - Family sues Wal-Mart over photos of naked kids in bathtub

View the article here
Court Document (DPF)

09/11/2009

By JAMIE ROSS

PHOENIX (CN) - A married couple who took photos of their daughters in the bathtub sued Wal-Mart, the Arizona Attorney General and the City of Peoria, claiming the state took away their girls and placed them in foster care, and police and an assistant attorney general defamed them to dozens of their friends by saying they had "sexually abused" the girls by taking the photos.

Plaintiffs _____ and _____ say they photographed their daughters in the bathtub while on a family trip to San Diego, then dropped off the camera's memory stick at a Wal-Mart in Peoria to have the photos developed. The girls were 5, 4, and 1½ at the time.

The Peoria Wal-Mart reported the photos to the Peoria Police Department, said Richard Treon, the family's attorney.

Of 150 photos on the memory stick, about seven showed the girls "with a towel around and in various portions of nudity," Treon said.

"The photo policy is a bit of a stretch when it is pictures of your kids," the attorney said.

Wal-Mart has an "unsuitable print policy" by which it decides "(without telling the customer that it had this policy) whether any photographs supplied by a customer on a computer 'memory stick' contained nudity of a minor of any kind and, if so, Wal-Mart would then decide whether to turn those photographs over to the police," according to the complaint in Maricopa County Court.

The _____ sued Wal-Mart in one complaint, and sued Arizona, the Arizona Attorney General and the City of Peoria in a second complaint in the same court.

According to the complaint against the state, Wal-Mart reported the photos to the Peoria Police Department, then Arizona Assistant Attorney General Jennifer Hunter "published defamatory remarks to more than 35 family members and friends of plaintiffs, falsely stating that plaintiffs _____ and _____ 'sexually abused' their children."

A Peoria police detective named Krause "made false and defamatory statements to agents and employees of the defendants, medical providers, and others, including, but not limited to, accusations that plaintiffs had sexually abused their children, sexually exploited their children, took pornographic photos of their children, and/or that said parents were engaged in illegal actions by taking bath and play time photos of their children," according to the complaint against the state.

The state then took the children away from their parents to see if they had been sexually violated; the girls were separated and placed in foster care, Treon said.

"It's every parent's nightmare that the state would decide or have a better idea of how you should parent your children," Treon says. "You would think CPS [Child Protective Services] would have better things to do with their resources."

The _____ want people to understand that if they take family photos to Wal-Mart, the store acts "as an agent of the police department by screening their photos," and turns clerks and managers into censors, Treon said.

The family seeks punitive damages for defamation and outrage.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


Microsoft Online Safety

Some may find this web site useful.

Click the image to visit the site



"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved