Thursday, February 27, 2014

TN - Bill would place 'sex offender' on convicted offender's license

Sex offender scarlet letter
Original Article


NASHVILLE - Should sex offenders have the status marked on their driver's license in Tennessee?

The idea received a good bit of debate Wednesday on Capitol Hill.

A new bill (HB-1747) would require the words "sex offender" to be stamped on a convicted offender's driver's license in red three times.

It would increase state expenditures one time by $150,000.

The sponsor of the House bill, Rep. Matthew Hill of Jonesborough, told a sub-committee he got the idea from a constituent at a daycare where people have to show identification to be on a list to pick up children.

Critics pointed out the stamp would open offenders up to another level of ridicule.

The bill, first filed in late January, was put on hold to give lawmakers time to think.

See Also:

OK - Bill prohibits sex offender name changes

Original Article


OKLAHOMA CITY (AP) - Registered sex offenders in Oklahoma would be prohibited from legally changing their names under a bill that has cleared the state Senate.

The Senate voted 44-0 on Wednesday for the bill by Oklahoma City Republican state Sen. Kyle Loveless. The measure now heads to the House for consideration.

Loveless says he's learned of cases where sex offenders have changed their names so they could pass a background check and go to work for public schools.

He said his bill would take away "ways they've played the system."

MO - Clinton Montalbetti arresting on child porn charges

Clinton Montalbetti
Clinton Montalbetti
Original Article


LINN COUNTY - On Tuesday, members with the Kirksville Regional Computer Crimes Unit and the Linn County Sheriff’s Office arrested Clinton Montalbetti, 23, at the Linn County Sheriff’s Office. Montalbetti was wanted on an outstanding warrant for possession of child pornography.

The warrant was issued from Putnam County, Mo. after images of suspected child pornography were located on a flash drive used by Montalbetti while he had been employed as a police officer with the Unionville Police Department in late 2013.

Also on Tuesday, detectives with the Kirksville Police Department and KRCCU, members of the Linn County Sheriff’s Office and members of the Missouri Highway Patrol executed a search warrant at Montalbetti’s residence outside of Brookfield, Mo. Items were collected during that search.

Montalbetti is currently being held on a $10,000 cash only bond. The investigation continues with the possibility of additional charges.

Anyone with information about the case is urged to contact their local law enforcement or the KRCCU directly at (660) 785-6945.

CA - Correctional officer 'code of silence' exists in prisons

Folsom Prison
Folsom Prison
Original Article

Of course it does, it also exists outside of prison walls. And you are just now figuring that out and reporting on it? And if you believe they will monitor this, you are a nice little sheeple! You will NEVER see what it's really like on the inside unless you are on the inside!


By Thom Jensen

Two years ago this week, Folsom State Prison inmates Michael Vera and Cameron Welch allegedly cut the throat of another prisoner at the command of prison gang leader Samuel Cox.

Four months later, according to court records, guards at Corcoran State Prison pepper-sprayed a mentally ill inmate while other guards watched and made video recordings.

In both cases, guards were accused of failing to report the violations.

In a California Office of the Inspector General report released in June, investigators talk about a practice of guards failing to report the violations and crimes they witness. It's referred to as a "code of silence" among guards.

In one case, the report stated two correctional officers allegedly stopped speaking to a sergeant who previously reported misconduct of team members. It says the guards called the sergeant a "rat."

Former correctional officer and union representative Jeff Doyle said, "That is what it really comes down to is not being a tattle-tale, not a rat."

Doyle, who now operates a prison employee blog titled Paco Villa, said 99 percent of guards are honest.

"The code of silence thing was really at its height when I first started doing the blog, and it's one reason the blog took off and became a success," Doyle said.

In the case of the murdered inmate at Folsom Prison, former guard Nader Hamameh allegedly did not report inmate Richard Leonard was about to be attacked even after another prisoner warned him.

Records show Hamameh was also reprimanded for bringing in a box cutter and eight razors in 2009.

Hamameh and his attorney declined to comment for this story.

The California Department of Corrections and Rehabilitation would not comment on Hamameh because he is currently suing the agency for firing him.

But speaking about the "code of silence" in general, the department released this statement:

The California Department of Corrections and Rehabilitation has a zero tolerance policy for any form of dishonesty, retaliation, or "Code of Silence" act. CDCR employees consistently receive "Code of Ethics" training regarding their responsibilities to recognize and report any "Code of Silence" act which may have occurred. All reports of dishonesty or behavior in relation to any forms of "Code of Silence" are investigated thoroughly.

A former corrections administrator who served as the chief deputy warden at Salinas Valley Prison for 32 years and who is now a prison consultant said training alone is not enough.

"Correctional officers can be manipulated by inmates," Edward Caden said. "Once you've compromised that officer's integrity, you own them. That type of compromising can lead to requesting them to introduce drugs and the blackmail that if you don't do it, I will turn you in for these other offenses that I know you've committed."

Doyle said guards are like cops. They have to watch out for one another.

"It's us and them in there," he said, adding, "It's a matter of self-preservation for a lot of these guys."

The Office of the Inspector General said in its report it will continue to monitor the "code of silence" problem and other issues inside the prison system.

See Also:

CANADA - Public child sex offender database planned

McKenzie Brothers - Don't be a hoser!
Don't be a hoser!
Original Article


By Jim Bronskill

OTTAWA - The federal government plans to create a publicly accessible database of high-risk child sex offenders as part of a bill that takes aim at those who prey on young people.

The legislation introduced Wednesday would also require registered sex offenders to provide more information when they travel abroad and permit more sharing of information between federal agencies.

In addition, the bill proposes making those convicted of child sex crimes against multiple children to serve their sentences consecutively.

Make no mistake about it,” said Justice Minister Peter MacKay. “If you sexually assault children in this country, you’re going to jail.”
- Going to jail / prison for committing a crime is understandable, but public humiliation is not the solution and is a different issue.  It will only open people up to vigilantism, homelessness and joblessness.

The government promised in the October throne speech to get tougher on pedophiles, the latest in a series of Conservative justice measures to boost penalties or create new offences.

The legislation would increase sentences for certain child sex offences as well as penalties for violating conditions of supervision orders.

Spouses could be compelled to testify in child pornography cases.

The most contentious element of the package could be the plan for a public database, which some warn can lead to vigilante-style attacks against sex offenders released from prison.
- Oh it will, there are already vigilantes in Canada doing just that.  Click the link above for more info.  It is nothing more than an online hit-list disguised as a public service.

Public Safety Minister Stephen Blaney said the government would make no apologies for the approach.

Parents have the right to know if there is a dangerous pedophile in their neighbourhood,” he said.
- What about their right to know about all the other criminals in their neighborhood?

The bill would allow the RCMP to begin discussions with provincial and municipal authorities to establish the national database using existing information on high-risk child sex offenders who have been the subject of a notice to the public.

What this national database will do is to make sure that this information is available throughout the country in a standardized manner,” Blaney said.

Under the bill, registered sex offenders will have to report every address or location at which they expect to stay, as well as specific travel dates for any trip of seven days or longer outside Canada, he said.

Better information sharing will allow the Canada Border Service Agency to flag high-risk offenders in their lookout system and help police ensure compliance with travel identification requirements, Blaney added.

MacKay said the sentencing provisions better reflect the serious nature of the crimes and the harm and hurt they cause.

Each day, sadly in Canada, there are far too many children who become victims of sexual assault. These crimes cause unimaginable devastation in the lives of children, in the lives of their loved ones.”

In 2012-13, more than 3,900 sexual offences occurred in Canada against children, an increase over the previous year, MacKay said.

These are the reported statistics and many, we know, go unreported.”

See Also:

FL - Indefinite Detention of Sex Offenders Flouts the Rule of Law

What's next?  Concentration camps?Original Article

So what's next? Concentration camps? Oh wait, these are concentration camps! They are just naming them differently!


By Jacob Sullum

Although _____ completed his prison sentence in 2006, the state of Missouri kept him behind bars, repeatedly trying to commit him as a “sexually violent predator.” After three juries deadlocked on the question of whether _____ suffers from a “mental abnormality” that makes him “more likely than not” to commit new sex crimes after he is released, a fourth jury on Friday unanimously agreed he does not. In effect, the state retroactively extended _____'s sentence from 10 years to 17.

The military prison at Guantanamo Bay is notorious as a place where people can be held indefinitely without charge because the usual rules of criminal justice do not apply. Twenty states have their own versions of Guantanamo Bay for sex offenders, a fact that attracts little attention and generates little outrage because the detainees are even less sympathetic than suspected terrorists.

At the age of 18, the St. Louis Post-Dispatch reports, _____ “got caught sticking his hand in the pants of a 5-year-old girl playing in a yard.” He pleaded guilty to sexual abuse, got probation and underwent treatment. Fourteen years later, after he was arrested for molesting the 7-year-old daughter of close friends, he was sentenced to 10 years in prison.

You may well think a 10-year sentence is too short for a child molester. The prosecution thought 25 years would have been appropriate. But that is not the sentence _____ got, and lengthening a prison term after it has been completed is a practice usually associated with arbitrary dictatorships, not liberal democracies that supposedly respect the rule of law.

When it upheld a law similar to Missouri's in the 1997 case Kansas v. Hendricks, the Supreme Court said preventive detention of sex offenders is constitutional as long as the aim is not “punitive” and the procedures for committing people meet the requirements of due process. In a concurring opinion, however, Justice Anthony Kennedy warned that if the official rationale for commitment is treatment, “but the treatment provisions were adopted as a sham or mere pretext,” that fact would indicate “the forbidden purpose to punish.”

Missouri's Sex Offender Rehabilitation and Treatment Services (SORTS), the target of a federal lawsuit that argues it locks people in a prison disguised as a hospital, seems to illustrate Kennedy's point. “Since the program started in 1999,” the Post-Dispatch reports, “nobody has completed treatment.” In a 2009 memo, the director of Missouri's Department of Mental Health worried that such a record would prove SORTS is nothing but a “sham.”

Minnesota, with more civilly committed sex offenders per capita than any other state, has a similarly dismal record, even though it spends $120,000 a year to detain each of those “patients,” three times the cost of keeping someone in prison. Last week, in a ruling that allowed a lawsuit challenging the Minnesota Sex Offender Program (MSOP) to proceed, U.S. District Judge Donovan Frank noted that “no civilly committed sex offender has ever been discharged.” Assuming the facts alleged by the plaintiffs are true, he said, “it appears that MSOP may very well be serving the constitutionally impermissible purposes of retribution and deterrence.”

Some states have better records. But overall, as you might expect given the incentives involved, civilly committed sex offenders are almost never deemed to be “cured,” and so they are almost never released.

In Kansas v. Hendricks, the Supreme Court emphasized that a sex offender could be committed only if he suffered from a “mental abnormality” or “personality disorder” that undermined self-control, justifying “a prediction of future dangerousness.” But according to Justice Department data, most prisoners have “mental health problems,” and many of them surely have behaved in ways that would make a “prediction of future dangerousness” plausible.

Is that all it takes to lose your freedom forever? If so, the idea that people should be imprisoned only for crimes they have committed, as opposed to crimes they might commit in the future, may one day seem positively quaint.