Monday, March 26, 2012

IL - Rep. Norine Hammond Passes Slave Labor Legislation

Slavery
Original Article

So if the state has made you homeless due to the draconian laws, they will now force you to do community service for $1 an hour?  That is called SLAVE LABOR!

Springfield - On Wednesday, State Representative Norine Hammond (R-Macomb) passed legislation out of the Illinois House that will allow indigent sex offenders, who can not afford to pay the $100 dollar registration and annual renewal fees, to instead perform 100 hours of community service.

This idea was brought to me by the Sheriffs Association who noticed that sex offenders were frequently claiming they were indigent in order to avoid having to pay the required registration fee,” Rep. Hammond said. “Because so many continued to have their fees waived, there was no money available to support the sex offender database and registration system. By requiring 100 hours of community service as an alternative, the thought is that many more offenders will be willing to pay the annual fees.”

House Bill 4670 (PDF) will allow sex offenders, who claim indigence in order to avoid registration fees, to complete 100 hours of community service within 90 days of their required registration date, if community service is available in the area. Currently, sex offenders are required to pay a $100 initial registration fee and $100 for each annual registration. If they can not afford to pay the entire amount at once, a payment plan can be established.

I am hopeful that this alternative will increase the incentive for sex offenders to pay the fees. Instead of simply being able to claim indigence and not having to face the penalties, they will now have a choice to do 100 hours of community service or pay the fine. I think a number of these folks will choose to pay the fee,” said Rep. Hammond.

House Bill 4670 passed the Illinois House and now heads to the Senate for further consideration.


NY - PEOPLE v. LOWERY

Original Article

Excerpt:
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). We reject defendant's contention that County Court erred in assessing 15 points under risk factor 11, for having a history of alcohol abuse. Defendant's presentence investigation report (PSR) from 1986 was admitted in evidence at the SORA hearing, and it stated that defendant acknowledged that he had "a problem with alcohol." The PSR also stated that defendant had been referred to an alcohol rehabilitation program, but that he was discharged from that program due to his noncompliance therewith. In addition, at least one of defendant's prison disciplinary charges while incarcerated involved the use of alcohol.


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MI - State police reminding sex offenders to register with local law enforcement

Original Article

03/26/2012

By Cole Waterman

LANSING - The Michigan State Police is reminding Tier 3 sex offenders that a 15-day window for their state-mandated registration begins next month.

Starting April 1, all Tier 3 offenders must comply with a state law requiring they report in person to their local police station, sheriff's office or state police post to register their address.

As required by the state's Sex Offender Registration Act, Tier 3 offenders must register four times a year, during the first 15 days of January, April, July and October. Tier 2 offenders must verify their address during the first 15 days of January and July, while Tier 1 offenders need only register in January.

Failure to register is punishable by up to two years in prison.

All sex offenders must notify authorities of a change in their name, address, employment, campus enrollment, Internet identifiers and vehicle within three business days of such changes. Failure to comply is a four-year felony.

Below is a break-down of the three tiers, according to the state police's Public Sex Offender Registry.

Tier 1
  • Child Sexually Abusive Activity or Material Possession (M.C.L. 750.145c4)
  • Aggravated Indecent Exposure, if the victim is less than 18 years of age (M.C.L. 750.335a(2)(b))
  • Unlawful Imprisonment, if the victim is less than 18 years of age (M.C.L. 750.349b)
  • Criminal Sexual Conduct 4th Degree, if the victim is more than 17 years of age (M.C.L. 750.520e)
  • Assault with Intent to Commit CSC in the Second Degree, if the victim is more than 17 years of age (M.C.L. 750.520g)
  • Capturing/Distributing Image of Unclothed Person, if the victim is less than 18 years of age (M.C.L. 750.539J)
  • Any violation of state law or local ordinance that by its nature constitutes a sexual offense against an individual who is less than 18 years of age
  • Any offense committed by a person who was, at the time of the offense, a sexually delinquent person
  • Any offense substantially similar to a listed offense under a law of the United States, any state, or any country or under tribal or military law

Tier 2
  • Accosting, Enticing or Soliciting a Child for Immoral Purposes (M.C.L. 750.145a)
  • Accosting, Enticing or Soliciting a Child for Immoral Purposes (prior conviction) (M.C.L. 750.145b)
  • Child Sexually Abusive Activity or Material Producing/Financing (M.C.L. 750.145c2)
  • Child Sexually Abusive Activity or Material Distributing/Promoting (M.C.L. 750.145c3)
  • Use of Internet/Computer System; Prohibited Communication (M.C.L. 750.145D1A)
  • Crime Against Nature or Sodomy, if the victim is less than 18 years of age (M.C.L. 750.158);
  • Gross Indecency Between Male Persons, if the victim is between 13 and 17 years of age (M.C.L. 750.338)
  • Gross Indecency Between Female Persons, if the victim is between 13 and 17 years of age (M.C.L. 750.338a)
  • Gross Indecency Between Male & Female Persons, if the victim is between 13 and 17 years of age (M.C.L. 750.338b)
  • Soliciting, Accosting, or Inviting to Commit Prostitution or Immoral Act, if the victim is less than 18 years of age (M.C.L. 750.448)
  • Pandering (M.C.L. 750.455)
  • Criminal Sexual Conduct 2nd Degree, if the victim is more than 13 years of age (M.C.L. 750.520c)
  • Criminal Sexual Conduct 4th Degree, if the victim is between 13 and 17 years of age (M.C.L. 750.520e)
  • Assault with Intent to Commit CSC in the Second Degree, if the victim is between 13 and 17 years of age (M.C.L. 750.520g2)
  • Any offense substantially similar to a listed offense under a law of the United States, any state, or any country or under tribal or military law.

Tier 3
  • Gross Indecency Between Male Persons, if the victim is less than 13 years of age (M.C.L. 750.388)
  • Gross Indecency Between Female Persons, if the victim is less than 13 years of age (M.C.L. 750.388a)
  • Gross Indecency Between Male & Female Persons, if the victim is less than 13 years of age (M.C.L. 750.388b)
  • Kidnapping, if the victim is less than 18 years of age (M.C.L. 750.349)
  • Child Kidnapping, if the victim is less than 13 years of age (M.C.L. 750.350)
  • Criminal Sexual Conduct 1st Degree (M.C.L. 750.520b)
  • Criminal Sexual Conduct 2nd Degree, if the victim is less than 13 years of age (M.C.L. 750.520c)
  • Criminal Sexual Conduct 3rd Degree (M.C.L. 750.520d)
  • Criminal Sexual Conduct 4th Degree, if the victim is less than13years of age (M.C.L. 750.520e)
  • Assault with Intent to Commit Criminal Sexual Conduct Involving Sex Penetration (M.C.L. 750.520g1)
  • Assault with Intent to Commit CSC in the Second Degree, if the victim is less than 13 years of age (M.C.L. 750.520g2)
  • Any offense substantially similar to a listed offense under a law of the United States, any state, or any country or under tribal or military law.


MN - WILLIAMS v. LUDEMAN

Original Article

Excerpt:
Dale Williams, Sr., was indefinitely committed in May 2005 under the Minnesota Sex Offender Program, a program administered by the Minnesota Department of Human Services. He is currently a civil detainee in a MDHS facility in Carlton County, Minnesota. His son is a vulnerable adult who resides in a group home after the Polk County District Court appointed a guardian for the son in 2004. In this 42 U.S.C. § 1983 action, Williams alleges that Cal Ludeman, Commissioner of Human Services, and James Arneson, a Polk County Social Services supervisor, violated Williams's federal constitutional right to contact his son by denying visits, blocking phone calls, and preventing his son from writing. The district court1 dismissed these claims based upon defendants' showing that they were not personally involved in limiting contacts between Williams and his son. Williams appeals.


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NY - PEOPLE v. JOHNSON

Original Article

Excerpt:
It is hereby ORDERED that the order so appealed from is modified on the law by determining that defendant is a level one risk pursuant to the Sex Offender Registration Act and as modified the order is affirmed without costs. Memorandum: On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that Supreme Court erred in assessing 20 points against him under risk factor 7, for his relationship with the victim. We agree. Points may be assessed under risk factor 7 in the event that the underlying crime "was directed at a stranger," the crime was directed at a person with whom the offender "established or promoted [a relationship] for the primary purpose of victimization," or the crime "arose in the context of a professional or avocational relationship between the offender and the victim and was an abuse of such relationship" (Sex Offender Registration Act: Risk Assessment Guidelines...


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SC - Richland rep calls meeting on violent sexual predators housed off Farrow Road

Original Article

Just the usual politician beating his chest like an ape to say, "Look at me, see how tough I can be!"

03/26/2012

By JOHN MONK

State says the violent inmates have never escaped facility off Farrow Road

Concerns over the housing in Richland County of more than 40 persons classified as violent sexual predators will be aired tonight in a public meeting at the Midlands Tech Northeast campus off Farrow Road.

The convicted sexual predators are now housed in a secure “care facility” off Farrow Road on the campus of the former Crofts-Farrow State Hospital, several miles north of downtown Columbia.

This is a horrible place to have these people,” said Rep. Joe McEachern, D-Richland, who called the meeting. He represents that area of the county.
- Yeah, they should be at home with their husbands and/or wives and children.  These are clearly people who have been civilly committed, so where else should they be?

Meadowlake Park’s recreation center, which attracts hundreds of children weekly, is close to the sexual predator facility, as is a child development center and a church, McEachern said.

However, state officials told The State newspaper that no inmate classified as a violent sexual predator has escaped from the facility since it began receiving such prisoners several years ago. The Farrow Road facility is behind a security fence and the building has various security features, including officers inside and outside at all times, according to the S.C. Department of Mental Health.
- So, if this is a civil commit center, are they calling these people prisoners?  If so, then it's clearly an unconstitutional prison outside of prison.

Officials from the Attorney General’s office, the S. C. Department of Corrections and the S.C. Department of Mental Health are also expected to be on hand tonight.

The Farrow Road facility – called the Columbia Regional Care Center – is run by a private security company.

The Columbia Regional Care Facility began accepting the violent sexual offenders after a special unit designed for them at the Broad River Correctional Institution was filled to its capacity of 98.

Under a law passed by the General Assembly in 1998, the attorney general can seek a trial for certain people judged to be “mentally abnormal” with respect to sexually violent crimes, because these people pose a threat to the public. If a person is found to be a violent sexual predator, he is committed to a secure facility for long-term control, care and treatment. Under that law, convicted violent sex predators must be kept apart from other inmates.
- So it is a civil commitment center.

A court must determine that a violent sex predator no longer poses a threat to the public before he can be released.

Building a separate building to house a 200-bed facility for the Sexually Violent Predatory treatment program mandated by the 1998 law would cost “tens of millions of dollars,” according the Department of Mental Health.

McEachern said that at tonight’s meeting, he also wants to raise the question of whether allowing a private security company – instead of the government – to oversee a portion of the violent sex offender program makes the program any less transparent and accountable to the public.


WV - Offenders must update sex-offender registry after convictions, not arrests

Original Article

03/25/2012

CHARLESTON - A state appeals court has ruled that sex offenders are only required to re-register their information after a conviction, not after an arrest.

The court ruled last week that the West Virginia State Police lacked the right to arrest 30-year-old [name withheld] of Tyler County for failure to re-register on a sex-offender list upon his release from jail in 2010.

[name withheld] complied with re-registering after being convicted on a third-degree sexual abuse charge in 2002. He was arrested in May 2010, on a charge of accessory after the fact to breaking and entering. Police arrested [name withheld] because he didn't update his sex-offender registry entry.

The Charleston Gazette (http://bit.ly/GP8y0Y ) reports that Thursday's opinion says the language regarding the offender-registration requirements should be rewritten to more clearly reflect the law's requirements.