Saturday, June 29, 2013

NY - Senate passes bill to close sex offender loophole

Coffee and newspaperOriginal Article

Just another useless law. Something a politician can put his name on to look "tough" on ex-sex offenders. It's already a crime to report an invalid address on the registry, so this is not needed, in our opinion.


Sex offenders are supposed to register on a statewide database after conviction. The law says you have a right to know if an offender is living next door.

However, lawmakers said they found a loophole in the system. If a sex offender were to put down a false address in the registry, they could have gotten away with it, that is, until now. A bill pushed by Senator Ted O'Brien now makes it a felony to lie on the database.
- Depends on what you mean by "getting away with it."  It's already a crime to report an invalid address, but I believe it's a misdemeanor, and by making it a felony, do you really think that is going to make a difference?  We don't!

The bill was inspired by a case that happened right here in Rochester. When a renewal notice was sent to the home of a convicted child rapist. Police were immediately alerted when the notice came back in the mail. The sex offender did not live where he said he did at the time, but prosecutors couldn't file serious charges. That may change soon.

With more than 35,000 sex offenders throughout New York State, this registry couldn't be more crucial.

Senator O'Brien says, "It provides an opportunity to notify a community that there's a potentially dangerous person in their midst."
- If that is the case, then what about all the other dangerous people?  Like murderers, gang members, DUI offenders, thieves, etc?  Where is the notification about them moving into our neighborhoods?

So when he found out about a loophole in the system, he says, it didn't make any sense.

"If somebody doesn't provide accurate information," says Senator O'Brien. "Then the goal of having the community know that there is a potentially risky situation here is defeated."

He says if sex offenders were to put down a false address in the registry, it could have easily gone undetected. But how is that even possible?
- Really?  Don't police do verification checks?  If so, then it wouldn't go undetected, now would it.

The senator says, "One of the unfortunate realities is that there is a high volume now of sex offenders."
- That is because you are putting people on the public list who are not a real threat to the public, and those who are real threats to the public should've been sentenced to a longer time in prison, or not released until they get treatment and are shown to not be a threat anymore.

Senator O'Brien created a bill that would discourage offenders from lying. He considers that bill a success.

"We were able to get it through the committee structure and on to the state senate floor for a complete vote. It passed unanimously, so I'm really encouraged about that."

He says its all in the name of safety and your right to know who's living next door.
- Well, only sex offenders, not all the other crazy criminals who also live next door!

"Parents of children and young children want to know," says Senator O'Brien. "The law says they are entitled to know and they should know."

The next step, the bill will go on to the state assembly for a vote. Since the the senate voted on this unanimously, Senator O'Brien feels very strongly that it will go into law by next year.


Loneranger said...

Well sounds good but what is the liability to this state. Given a felony could mean several years in their already over crowded prison system. Really do they want to pay 30,000 a year because someone didn't have the opportunity to look a person up online? 35,000 opportunities to fill the prisons. Really? These laws create an ever growing liability to all states. Every Time they pass some new law closing some perceived loophole they create a situation that can come back and bite the taxpayers. If you prosecute just one person on this add another 30 grand to the states costs per year. 35,000 potential participants in this? What is the potential liability to the state? After a point you hit diminishing return on investment. Unless the goal is to continue to grow government and create more costs along the way one would think instead of making more laws they would try and figure out what really works. Who needs to be on the registry and for how long and then who needs to be tracked closely and who doesn't. Until then they will continue to make blanket laws that affect tens of thousands of people and create more and more liability for the taxpayers creating yet another blank check to be filled in over and over again.

dlc said...

Well said. Our politicians would not know a loophole if it jumped up on their desk and announced itself. These politicians are just looking for more ways to look tough on crime and further their careers. Besides its not the known offenders that society needs to worry about, because most child sexual assaults are committed by someone the victim knows closely; a family member, a close friend of the family, etc. Not the person "hiding in the bush."

mostlikeyouandme said...

What about the non punitive nature of the sex offender registery? These are only rules and restrictions but yet if you violate these then you are breaking some sort of law? But yet a cold blooded murder can serve 10 years in prison, get out on good behavioure and move right next to you ,your kids and family and you would not even know about it untill its to late. And the gov also says that any sex crime is violent even urination in public, sexuale battery " witch could mean accedently touching or bumping into a person in a club." So why is it non punitive? Its so the gove and state can go back and put any laws or "non punitive" restrictions on previouse sex offenders who have already done there "non punitive" time. "And sorry about the spelling "

mostlikeyouandme said...

Also the violent sex offence can be aplied to exploiting a minor."so im only guessing that when a person comits that crime they where punching and slaping there computer while downloading pics?

Gatsby said...

The buit more estate has nude statues and pics of wemon and men under the age of 18 so i guess thats not agaisnt the law?......

Gatsby said...

The Built more house in Ashville NC should cover up the pics and all the stateus and pics of nude under age woman and men becase it is against the law.

john bea said...

how this is kind of funny if these senators were so passionate in protecting us, why don't they register all felons under one huge database and make it a felony for them to lie about their whereabouts, if you're going to punish one group of felons why not make it all groups of felons after all some are more dangerous than others this one-size-fits-all should fit for all because if you have police having to verify every convicted felon whereabouts that will keep him busy enough.