How can we help to keep convicted sex offenders locked up?

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Normal How can we help to keep convicted sex offenders locked up?

Post by Guest on Thu Mar 11, 2010 7:37 am

Sex offenders can stay locked up after sentences end
WASHINGTON (CNN) -- A divided U.S. Supreme Court ruled Monday that states may keep some sexual predators locked up even after they have served their prison sentences.

In a 5-4 ruling written by Justice Clarence Thomas, the court said that keeping an offender locked up in a mental institution, even without a formal finding of mental illness, did not violate constitutional protections of due process or constitute a double punishment for the same crime.

"The court has recognized that an individual's constitutionally protected interest in avoiding physical restraint may be overridden even in the civil context," Thomas wrote.

Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia and Anthony M. Kennedy agreed with Thomas in the decision. Justices Stephen G. Breyer, John Paul Stevens, David H. Souter and Ruth Bader Ginsburg dissented.

The ruling was a defeat for Leroy Hendricks, who has been convicted of child molestation in Kansas five times and has said that only his death would prevent him from committing new crimes.

Kansas law allows the state to confine sexually violent offenders to a mental hospital after they have served a criminal sentence -- if they are considered likely to engage in further predatory behavior because of a mental abnormality or personality disorder. The law falls short of a formal finding of mental illness.

"Hendricks' diagnosis as a pedophile, which qualifies as a 'mental abnormality' under the act, thus plainly suffices for due process purposes," Thomas wrote.

In my research I found it is up to each State to decide if a convicted sex offender is held after their sentence is up. ~lindamarie~
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Normal Who to contact and how

Post by Guest on Thu Mar 11, 2010 7:55 am

Thank you for visiting the Department's "Contact Us" page. On behalf of the Attorney General, the Department of Justice would like to thank you for your many messages on law enforcement issues and activities and other matters of special interest to many groups across the nation. The Attorney General appreciates the fact that so many citizens have taken the time to express their views and thoughts on these important matters.
By Mail
Correspondence to the Department, including the Attorney General, may be sent to:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

By Phone
Department of Justice Main Switchboard - 202-514-2000

Office of the Attorney General Public Comment Line - 202-353-1555

By Email
E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov. E-mails will be forwarded to the responsible Department of Justice component for appropriate handling.

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Before sending e-mail, please read our Privacy Policy for details about how we handle personal information.
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Please include your mailing address in the event that the Department replies via United States Postal Service.
If you know the specific organization or official you wish to contact, please indicate such in your message or check the Component Contact Information Page to contact them directly.

In some instances, however, the volume of e-mail traffic on a particular issue is such that we cannot respond to each message individually. We would like you to know, however, that all incoming messages are forwarded to the appropriate organization within the Department of Justice and you can be assured that your voices and views are being heard.



http://www.justice.gov/
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Normal Most states have not adopted sex offender rules

Post by Guest on Thu Mar 11, 2010 7:58 am

ATLANTA - More than three years after Congress ordered stepped-up monitoring of sex offenders, only one state has adopted the government's strict new requirements, and some others are weighing whether to ignore the law and just pay a penalty.

So far, Ohio is the lone state to meet the new federal standards. Elsewhere, efforts have been hampered by high costs and legal challenges from the nation's 686,000 registered sex offenders. Advocates worry that the delays are putting public safety at risk.

"This means more of the same — that we're losing sex offenders when they cross state lines and disappear," said Erin Runnion, who lobbied for the law after her 5-year-old daughter, Samantha, was kidnapped and killed in 2002.
"It's incredibly frustrating. How many children do we have to lose to repeat sex offenders before we start taking these guys seriously?"

The initial deadline for states to comply was in July. Then the deadline was extended to July 2010, although several states have signaled they may still be unable to meet it. States that do not adopt the mandates risk losing millions of dollars in federal grants.

National sex offender registry
The law was designed to keep closer tabs on sex offenders, including an estimated 100,000 who are not living where they are supposed to be. It would create a national sex offender registry and toughen penalties for those who fail to register.

The president of the National Center for Missing and Exploited Children said states need more money to adopt the law, and he called on Congress to help.

"We understand that there are challenges in becoming compliant, but the greatest challenge is that states are overwhelmed. And they're going to need resources to address this," Ernie Allen said.

Last year, a federal judge in Nevada declared the law unconstitutional because it would subject offenders to additional penalties after they have served their time. The Ohio Supreme Court heard similar arguments this month from more than 26,000 sex offenders who were convicted before the law was signed.

Critics have also complained that juvenile offenders would appear on registries in some states. And because the law requires offenders to register in person, it could unfairly burden people in rural areas who would have far to travel.

In addition to the legal challenges, states are also struggling with the cost, which could climb into the millions of dollars.

"We have states being very laid back, and states where legislators are pulling out their hair trying to comply," said Alisa Klein of the Association for the Treatment of Sexual Abusers. "And there's lots of states waiting for another state to bust a move and say, 'We're not going to comply.'"

Cost of compliance
In California, the state's Sex Offender Management Board estimated last year that adopting the requirements would cost at least $38 million.

Congress tried to encourage states to adopt the measure by threatening to take 10 percent of their federal crime-prevention grants if they do not comply. The grants have swelled with stimulus funding but typically range from several hundred thousand dollars to more than $1 million each year, depending on the size of the state.

California stands to lose a few millions dollars a year if it does not comply, state officials said.

"Obviously this funding loss pales in comparison with the cost of complying with the act," said Dana Simas, spokeswoman for the California Department of Justice.

So lawmakers are locked in a dilemma: They must spend millions of dollars to adopt the system or back off a program that is designed to protect the public from some of society's most dangerous criminals.

"There's a number of issues we're trying to work out," said Vermont state Sen. Richard Sears, who leads his state's Senate Judiciary Committee. "We're not necessarily against the law, but we'd like some money to go along with it to help us implement it."

Congressional leaders may support changes to the law. U.S. Sen. Patrick Leahy, a Vermont Democrat who chairs the Senate Judiciary Committee in Washington, says he has been working on ways to help states comply.

"This legislation makes vital progress toward keeping our children safe, but it only works if states can and do comply with it," Leahy said in a statement. "Rather than punish states that are actively trying to comply with this important federal law, we must work together to address obstacles facing state law enforcement agencies."
Uptick in applications
Advocacy groups say roughly two dozen states have submitted reports on their compliance for the Justice Department to review, although the government would not confirm that number.

Scott Matson, a senior policy adviser with the Justice Department office that monitors sex offenders, said he has seen a recent uptick in applications, although he did not say whether more states are getting close to compliance.

The Justice Department declared in September that Ohio had "substantially implemented" the law's requirements, leading to a fresh round of complaints. The state's public defender office said court appeals alone could cost $10 million.
Gary Reece is a 50-year-old convicted sex offender who is challenging Ohio's efforts to comply with the federal law.

Reece said he was previously allowed to register once a year and that his name would have been removed after 10 years without a serious conviction. The state's new measure, he said, would put his name on the registry for life and require him to register in person four times a year.

"It's a tremendous burden, no doubt about it," Reece said. "Every 90 days you have to take off work and go register — and if you miss once, you're going back to jail."



http://www.msnbc.msn.com/id/34226683/ns/us_news-crime_and_courts/page/2/
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Normal Iowa sex offender laws

Post by Guest on Thu Mar 11, 2010 9:00 am

I am looking for help. Please post your State's sex offender laws here on this thread.
In Iowa
What are the laws regarding sex offenders after July 1, 2005?

Iowa will start enforcing a package of laws designed to protect children from pedophiles. The package, which Iowa Gov. Tom Vilsack (D) termed “the nation's toughest against sex offenders”, will, in part,

double the prison term to 10 years for certain sex crimes against children
require life imprisonment for those convicted of a second major sex offense
electronically monitor convicted pedophiles,
use DNA testing on all felons and all registered sex offenders
improve notification of crime victims when an offender is released from prison, among other measures.
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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by TerryRose on Thu Mar 11, 2010 1:23 pm

Thank you, lindamarie, for all this research. It might lead to more help for the child victims, if people know where they can make their thoughts known, to try to help change things for the better.
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Normal California

Post by Guest on Thu Mar 11, 2010 1:44 pm

California has not enforced Megan’s law. They got an "F" on the Megan’s national report. California has done 0 to toughen up laws on sex offenders. Nothing!!!!!!!
angry Sarcasm


Last edited by lindamarie on Fri Mar 12, 2010 7:35 am; edited 1 time in total (Reason for editing : added California to the title)
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Normal Oregon

Post by Guest on Thu Mar 11, 2010 1:56 pm

Oregon
Other than Megan's law this is all I could find. ~lindmarie~
AG MYERS APPLAUDS CREATION OF SEX OFFENDER TREATMENT AND CERTIFICATION BOARD
July 23, 2007
Myers cites new law as critical to enhancing public safety

Attorney General Hardy Myers today applauded the Oregon Legislature and Governor Kulongoski for passing and signing into law House Bill 3233 which creates the Sex Offender Treatment Board (SOTB) overseen by the Oregon Health Licensing Agency (OHLA). "Passage of House Bill 3233 creates a process by which qualified mental health professionals can be readily identified as having the expertise and training necessary to effectively treat sex offenders," said Myers. "This process will improve community safety and prevent future victimization by reinforcing a critical component of the response to sex offenders in Oregon."

Until the passage of HB 3233, Oregon was among a minority of states that did not have minimum professional requirements for sex offender treatment providers. Sex offender treatment is a standard condition of probation and post-prison supervision or parole for offenders who have committed a sexual crime.

HB 3233 was sponsored by state Representative Greg Macpherson (D-Lake Oswego), and Representatives Jeff Barker (D-Aloha), Vicki Berger (R-Salem), and Gene Whisnant (R-Sunriver), at the request of the Attorney General's Sexual Assault Task Force and the Oregon Sex Offender Supervision Network. The sex offender treatment and certification board created by passage of HB 3233 will establish standards of practice and professional responsibility and adopt training and continuing education requirements for certification. The new law also creates the professional titles of Clinical Sex Offender Therapist and Associate Sex Offender Therapist. The Sex Offender Treatment Board will be administered by Oregon Health Licensing Agency, a state consumer protection agency that provides regulatory oversight for health and related professions.

"We look forward to collaborating with the wide range of stakeholders involved in sex offender treatment to establish an effective and responsive regulatory program," said Susan K. Wilson, OHLA Director. "It is an extensive and complex task, but the benefits to the public are substantial."

The SOTB will consist of seven experts in the field of sex offender treatment and management, including licensed mental health professionals. The bill provides that the Governor nominate and state Senate confirm members' appointments to three-year terms.

The Oregon Association for the Treatment of Sexual Abusers, the Oregon Adolescent Sex Offender Treatment Network, the Oregon Association of Community Corrections Directors and the Oregon Juvenile Department Directors Association will recommend appointments to the Governor.

House Bill 3233 recognizes that a majority of convicted sex offenders ultimately return to the community upon completion of their sentences. Sex offender treatment providers assume a vital role in protecting the public from offenders who return and remain in the community.

"It is critical that the treatment providers who work with sex offenders have the specific skills, knowledge and training necessary to reduce recidivism, prevent future victimization and work collaboratively with management professionals to protect the community," said Heather J. Huhtanen, Program Director for the Attorney General's Sexual Assault Task Force.

Myers hailed the passage of HB 3233 as "key component of the comprehensive response necessary to ensure community and victim safety."

House Bill 3233 is scheduled to be signed by Governor Kulongoski on Friday, July 27, 2007, at 12:00 pm in the Governor's Ceremonial Office of the State Capitol.

http://www.doj.state.or.us/releases/2007/rel072407.shtml


Last edited by lindamarie on Fri Mar 12, 2010 7:34 am; edited 1 time in total (Reason for editing : added Oregon to the title)
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Normal Texas

Post by Guest on Thu Mar 11, 2010 2:20 pm

Texas
Riddle/Duell) (Jessica’s Law) Relating to the prosecution, punishment, and supervision of certain sex offenders and to certain crimes involving sex offenders. Adds continuous abuse of a child offense. Ends statute of limitation for sexual assault under Section 22.011(a)(2) or aggravated sexual assault Section 22.021(a)(1)(B). Limitation on prosecution from 20 years from the 18 th birthday on sexual performance, aggravated kidnapping with intent, and burglary with intent. Mandates SOTP for inmates under Section 21.02(h) or 22.021(f). Adds death penalty provision for a second conviction with one super-aggravating factor. Adds monitoring sexually violent predators by GPS tracking. Adds the expulsion of a student if the student commits continuous abuse of a child during school sponsored activities. Effective September 1, 2007
(England/Shaprio) Relating to the regulation of sex offender treatment providers. Clarifies the definition of a sex offender and sex offender treatment provider. Deletes rehabilitation service and adds a person does not have to be licensed to provide adjunct treatment. Clarifies that CSOT licensees are subject to the rules of the Council rather than the rules of the other licensing entity with respect to sex offender treatment. Amends Health & Safety Code 841 so a judge is not subject to an objection other than an objection made under Section 74.053(d) of the Government Code. Clarifies SPU civil division. Allows the local prosecuting attorney to request SPU assist in the violation trial. Failure to comply with civil commitment may be prosecuted in the county of violation or Montgomery County. Effective immediately upon 2/3 rd vote of the House and Senate or September 1, 2007
SB 6 http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB00006F.pdf

(Zaffirini/Pena) Relating to the apprehension, prosecution, and punishment of individuals committing or attempting to commit certain sex offenses, subpoenaing internet service providers, and preserving information. Effective 1, 2007
Texas law punishes as felonies all sex offenses against children that result in mandatory registration for the offender. The sexual assault of a child (Penal Code, sec. 22.011) is a second-degree felony, punishable by two to 20 years in prison with an optional fine of up to $10,000. Aggravated sexual assault of a child (Penal Code, sec. 22.021) is first-degree felony, punishable by life in prison or a term of five to 99 years and an optional fine of up to $10,000. Indecency with a child (Penal Code, sec. 21.11) involving contact is a second-degree felony, and indecency involving exposure is a third-degree felony, punishable by two to 10 years in prison and an optional fine of up to $10,000.


Last edited by lindamarie on Fri Mar 12, 2010 7:34 am; edited 1 time in total (Reason for editing : added Texas to the title)
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Normal Florida

Post by Guest on Thu Mar 11, 2010 2:28 pm

Florida
The Florida Senate will take up a measure that would impose tougher penalties for sex offenders after the House of Representatives unanimously approved a similar bill Tuesday.

On a 118-0 vote, the House passed legislation that would require longer prison sentences, lifetime probation and electronic monitoring for sex offenders convicted of crimes against children.
The bill would punish the molestation of children under 12 with a mandatory sentence of 25 years to life, "followed by probation or community control for the remainder of the person's natural life and subject to a system of active electronic monitoring." The bill also would make it a third-degree felony in Florida to harbor a sex offender.


Last edited by lindamarie on Fri Mar 12, 2010 7:33 am; edited 1 time in total (Reason for editing : added Florida to the title)
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Normal Texas

Post by Wrapitup on Thu Mar 11, 2010 3:49 pm

Effective 1, 2007
Texas law punishes as felonies all sex offenses against children that result in mandatory registration for the offender. The sexual assault of a child (Penal Code, sec. 22.011) is a second-degree felony, punishable by two to 20 years in prison with an optional fine of up to $10,000. Aggravated sexual assault of a child (Penal Code, sec. 22.021) is first-degree felony, punishable by life in prison or a term of five to 99 years and an optional fine of up to $10,000. Indecency with a child (Penal Code, sec. 21.11) involving contact is a second-degree felony, and indecency involving exposure is a third-degree felony, punishable by two to 10 years in prison and an optional fine of up to $10,000.

Say what?? There is a HUGE difference between 5 and 99 years!! umno


Last edited by lindamarie on Fri Mar 12, 2010 7:33 am; edited 1 time in total (Reason for editing : added Texas to the title)

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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by Guest on Thu Mar 11, 2010 4:46 pm

Wrap Texas is not as bad as some states. Has anyone looked at the report card on how well States enforce Megan's law? Don't just get mad contact your local State representative and demand that these laws are funded so :LE: can enforce the law.

http://victimsheartland.forumotion.com/megan-kanka-f63/megan-s-law-t980.htm?highlight=megan
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Normal Louisiana

Post by laga on Thu Mar 11, 2010 5:00 pm

I have looked but can't find my state's laws. I am out of town, on ancient laptop with broken kybord and ssloooww internet, please excuse me. I did find this..

Jun 25, 2008
Governor Signs Chemical Castration Bill, Authorizing the Castration of Sex Offenders in LouisianaBATON ROUGE – Governor Bobby Jindal today signed the Sex Offender Chemical Castration Bill, SB 144, authorizing the castration of convicted sex offenders.
Governor Bobby Jindal said, “The Sex Offender Chemical Castration Bill is a good bill, and I am especially glad to sign it into Louisiana law today, on the same day the Supreme Court has made an atrocious ruling against our state’s ability to sentence those who sexually assault our children to the fullest extent. Those who prey on our children are among the very worst criminals imaginable.
“Not only as the Governor of this great state, but as a father of three children, I believe that sexually assaulting a child is one of the very worst crimes and I am glad we have taken such strong measures in Louisiana to put a stop to these monsters’ brutal acts. I want to send the message loud and clear – to the Supreme Court of the United States and beyond – make no mistake about it, if anyone wants to molest children and commit sexual assaults on kids they should not do so here in Louisiana. Here, we will do everything in our power to protect our children and we will not rest until justice is won and we have fully punished those who harm them.”
SB 144 by Senators Nick Gautreaux, Amedee, Dorsey, Duplessis and Mount provides that on a first conviction of aggravated rape, forcible rape, second degree sexual battery, aggravated incest, molestation of a juvenile when the victim is under the age of 13, or an aggravated crime against nature, the court may sentence the offender to undergo chemical castration. On a second conviction of the above listed crimes, the court is required to sentence the offender to undergo chemical castration.
This bill also provides that a court may instead order a physical castration instead of the chemical castration. Convicted sex offenders who undergo castration must still serve their full sentence, as their treatment will not affect their sentencing. Under the bill, if a convicted sex offender fails to appear for their chemical castration, they will serve an additional sentence of three to five years.
In the recently concluded regular session of the legislature, Governor Jindal also supported the passage of SB 143 to prohibit a sex offender from wearing a mask, hood or disguise during holiday events and from distributing candy or other gifts on Halloween to persons under eighteen years of age; SB 517 which provides for the lifetime registration of sex offenders; SB 510 to double the minimum sentence for computer-aided solicitation of a minor; HB 770 to prohibit the use text messaging by sex offenders; and SB 514 to increase the minimum sentence for the molestation of a juvenile by five-fold.


Last edited by lindamarie on Fri Mar 12, 2010 7:32 am; edited 1 time in total (Reason for editing : added Louisiana to the title)
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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by Guest on Fri Mar 12, 2010 7:30 am

Wow Laga Governor Bobby Jindal is doing a great job. I am impressed.
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Normal Washington

Post by Guest on Fri Mar 12, 2010 7:32 am

Sex Offenders
The University of Washington Police Department considers the protection of our community from sex offenders of significant importance. The objective of the 1990 Community Protection Act was to provide adequate notice to the community concerning sex offenders who are, or will be attending, working or residing on the campus, and to assist our community members in developing constructive plans to prepare themselves and their children for residing near released sex offenders.

Information that is relevant and necessary to protect the public and to counteract the danger created by a particular offender is released pursuant to RCW 4.24.550.

The extent and content of the disclosure of relevant and necessary information shall be related to:

The risk posed by the offender to the community;
The location where the offender resides, intends to reside, is regularly found, or is employed; and,
The needs of affected community members for information that is necessary to protect their interests and safety.

The manner and mode of dissemination is restricted by the standards set forth by the legislature and interpreted by the Washington State Supreme Court in State v. Ward, 123 Wn. 2d 488, (1994) and its progeny.

Purpose of Notification
An informed public is a safer public. Notification is not intended to increase fear. Sex\Kidnap offenders have always lived in our communities. Unless restricted by a court order, sex\kidnap offenders are constitutionally permitted to live wherever they choose. The legislature has determined that the purpose of the Community Protection Act of 1990 is "to assist law enforcement agency's efforts to protect their communities" by providing relevant and necessary information. If "the public is provided adequate notice and information, the community can develop constructive plans to prepare themselves and their children for the offender's release."

The Department of Corrections, the Juvenile Rehabilitation Administration, and the Indeterminate Sentence Review Board are required to classify all sex offenders released from their facilities into levels of risk (low, moderate, or high). These agencies then issue to appropriate law enforcement agencies narrative notices regarding the pending release of sex offenders. The narrative notices describe the identity and criminal history behavior of the offender and shall include a risk level classification for the offender. Upon receiving a narrative notice, local law enforcement agencies review all available information and assign risk-level classifications to all sex offenders about whom information will be disseminated for the purpose of community notification.

Remember, that these lists of registered sex offenders only contain the names of sex offenders who are obeying their requirement to register with the sheriff's office.

The University of Washington Police Department, Crime Prevention Unit maintains records of sex offenders who have been brought to the attention of the UWPD by either the Seattle or King County Police Department. The King County Sheriff's Office maintains an online registry of Level 2 and 3 sex offenders who are registered to live in King County. You can search for offenders by Zip Code or by an offender's name. The Seattle Police Department also maintains an online registry of level 2 and level 3 sex offenders who are registered to live in Seattle. You can search for offenders by the offender's name or Seattle Census Tract.

Using this public information to threaten, intimidate or harass sex\kidnap offenders will not be tolerated by the University Police Department. This abuse could potentially terminate our ability to release this important information to the public.

What are the different sex offender levels and what do they mean?
Level I

The vast majority of registered sex offenders are classified as Level 1 offenders. They are considered at low risk to re-offend. These individuals may be first time offenders and they are usually known by their victims. They normally have not exhibited predatory type characteristics and most have successfully participated or are participating in approved treatment programs. Many are first time offenders. Level I offenders MAY NOT be the subject of general public notification.

Washington State Law strictly limits public disclosure of all Level I Registered Sex Offender information. Information shall be shared with other law enforcement agencies and, upon request, relevant, necessary and accurate information may be disclosed to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found. Level I offenders MAY NOT be the subject of general public notification.

Level II

Level 2 offenders have a moderate risk of re-offending. They generally have more than one victim and the abuse may be long term. These offenders usually groom their victims and may use threats to commit their crimes, they have a higher likelihood of re-offending than the Level 1 offenders. They are considered a higher risk to re-offend, because of the nature of their previous crime(s) and lifestyle (drug and alcohol abuse and other criminal activity). Some have refused to participate or failed to complete approved treatment programs. Typically these individuals do not appreciate the damage they have done to their victims.

Washington State Law Prohibits the Public Disclosure of Level II Registered Sex Offenders except under specific criteria. Level II notifications including relevant, necessary and accurate information may be disclosed to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found. Level II offenders MAY NOT be the subject of general public notification.

Level III

Level 3 offenders are the greatest risk to the community. Most are predatory, have other violent crime convictions, refused treatment and are known substance abusers. Community notification is the most extensive.

Washington State Law permits notifications about Level III offenders that include relevant, accurate and necessary information. This information MAY BE disclosed to the public at large.

University of Washington Police Department will disclose Level III Sex Offender information to the general public. Any Level III Sex Offenders registered, working or volunteering at the University of Washington will have their identity and criminal history behavior published on this website.
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Normal New York

Post by Guest on Fri Mar 12, 2010 7:49 am

New York State law mandates as a condition of parole that Level 3 (high risk) sex offenders or those offenders with victims under the age of 18 may not reside within 1,000 feet of a school. The State also mandates as a condition of probation that Level 3 sex offenders and those whose victims were under 18 may not reside within 1,000 feet of a school. These are the only state laws regulating where sex offenders may live.
Probation is the most common sentence for sex offenders in New York State. Of the 2,944 sentences for offenses requiring registration on the Sex Offender Registry (SOR) in 2006, 1,206 were to probation, representing 41.0% of the total. Sentences to prison accounted for 31.0% (913) and sentences to local jails accounted for 16.9% (500). There were 325 offenders in the “other” sentencing category, including fines and conditional discharges. A small number of sentences were categorized as unknown

Not good enough ~lindamarie~
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Normal Arizona

Post by Guest on Fri Mar 12, 2010 8:26 am

A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:

Minimum Presumptive Maximum
5.25 years 7 years 14 years

The term for a defendant who has one historical prior felony conviction is as follows:

Minimum Presumptive Maximum
7 years 10.5 years 21 years

The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum Presumptive Maximum
14 years 15.75 years 28 years

C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.

D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-705.
A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705 or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, who is required to register pursuant to section 13-3821 and who is classified as a level three offender pursuant to sections 13-3825 and 13-3826 to reside within one thousand feet of the real property comprising any of the following:

1. A private school, as defined in section 15-101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.

2. A private school, as defined in section 15-101, or a public school that provides instruction in any combination of grades nine through twelve.

3. A child care facility as defined in section 36-881.

B. This section does not apply to any of the following:

1. A person who establishes the person's residence before September 19, 2007 or before a new school or child care facility is located.

2. A person who is a minor.

3. A person who is currently serving a term of probation.

4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title.

5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.

C. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.

D. For the purposes of subsection A of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person's residence to the nearest point on the property line of a parcel containing a child care facility or a school.

E. A person who violates this section is guilty of a class 1 misdemeanor.
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Normal Nevada

Post by Guest on Fri Mar 12, 2010 8:29 am

Sex Offender and Community Notification

THE COMMUNITY NOTIFICATION OF SEX OFFENDERS LAW

In a continuing effort to protect the public from sex offenders and sexual predators, the 1997 Nevada Legislature passed a law which requires local law enforcement agencies to notify those members of the community who are reasonably likely to encounter a sex offender, that a sex offender is either residing or working in their neighborhood. This is known as Community Notification of Sex Offenders. The law, NRS Chapter 179D, also expanded the Community Notification law to now include all sex offenders who reside in the state as well as certain juvenile sex offenders. The purpose of this law is to provide further protection to parents, educators and volunteers in the form of information that a sex offender is residing in your community.


HOW THE PROCESS WORKS

If an offender was convicted of committing a crime defined by NRS 179D, that offender must register with local law enforcement and may be subject to Community Notification. Once the offender has registered, whether in prison, on probation or parole, or even if the offender has expired his prison or jail term, the Records and Technology Bureau, Sex Offender Registry Program will prepare a "risk assessment" of the offender. The risk assessment is a tool that is used to attempt to predict whether the offender is a "low", "moderate", or "high" risk for reoffending. This assessment takes into consideration many factors such as the crime or crimes the offender; has been convicted of; the age, the motive and habits of the offender, as well as psychological profiles of the offender and his behavior while in prison.


WHAT YOUR LOCAL LAW ENFORCEMENT AGENCY CAN AND CANNOT DO

Your local law enforcement agency is not expected or required to notify every possible school, organization, business or individual within its jurisdiction for each particular sex offender who is subject to notification. While such extensive notification may be necessary for certain sex offenders or under certain circumstances, as a general rule, a local law enforcement agency may tailor the scope of its notification according to the specific characteristics of each particular sex offender and each particular location where notification is to be provided.

For example, some sex offenders may prey only upon children of a certain age or gender, or only upon children who reside or attend school within close geographical proximity to the sex offender's residence or place of employment. If such information concerning a particular sex offender is available, then the local law enforcement agency providing community notification may focus its notification efforts on those schools, organizations, businesses and, if appropriate, members of the public who are most vulnerable to the sex offender's predatory tendencies.



WHO MAY RECEIVE NOTIFICATION

School districts, private educational institutions, camps, day care centers, foster care centers or homes, and those religious or other community organizations that care for or otherwise provide services and programs for women and children. The local law enforcement agency, using its judgment, discretion, training, and experience, is responsible for determining which individuals and organizations are reasonably likely to encounter the offender.


INFO AN ORGANIZATION CAN PROVIDE TO ASSIST LOCAL LAW ENFORCEMENT

Any group, agency, or organization that provides services to women and children is encouraged to register with law enforcement to receive notification. Information which you or your organization should provide to your local law enforcement agency would include the organization's address, the name and telephone number of a person to contact for purposes of coordinating notification, and a concise description of the particular services and programs which the organization provides for vulnerable populations such as children.

Upon confirming that an organization requesting notification does in fact provide the services or programs for vulnerable populations that are described in the registration statement, and that the group, agency or organization is reasonably likely to encounter the offender, the local law enforcement agency will include such organization on a notification list to be utilized when implementing notification at the Tier 2 and 3 levels.


INFORMATION YOU CAN PROVIDE TO ASSIST LOCAL LAW ENFORCEMENT

In determining whether there is a reasonably likely chance such school, organization or individual will encounter a particular offender, and whether a particular organization or individual is an appropriate subject to receive notification, local law enforcement agencies consider numerous factors including: the physical geographic proximity of the school, organization or individual to the location where the offender resides, works, visits or can be presumed to visit on a regular basis; the circumstances surrounding any previous crimes committed by the offender; whether a particular individual has characteristics that are the same or are similar to those of any previous victim of the offender; any other relevant factors deemed appropriate for consideration by the local law enforcement agency.

Additional dissemination of the information outside the particular organization or an individual's immediate family to other schools, organizations and individuals may be a violation of the offender's legal rights as well as state law and may subject such organizations and individuals disseminating the information to civil liability .Any acts of recrimination or vigilantism against the offender are unlawful, and will likely subject the individual engaging in such acts to civil liability as well as criminal prosecution. Community Notification information is being imparted in order to promote public safety and awareness. Persons receiving such information are not to take the law into their own hands, but are to promptly report any suspicious activity concerning the subject of the notification to local law enforcement officials.
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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by Heike on Mon Mar 15, 2010 1:28 am

Wow, lindamarie...you are amazing....thank you for all of this information! I will be absorbing this and thinking of how I can contribute to change. I am politically active and bringing this issue to the attention of those that the Burbank Democratic Party endorses, as I am on the board...they are all baby steps, but we have to OPEN our eyes and CHANGE what we need to, to save lives!!!!

Thank you again and warmest wishes!

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Normal Supreme Court: Sex Offenders Can Be Held Indefinitely

Post by NiteSpinR on Mon May 17, 2010 2:16 pm

[You must be registered and logged in to see this link.]
May 17, 2010 12:10 p.m. EDT

Washington (CNN) -- The U.S. Supreme Court ruled Monday the federal government has the power to keep some sex offenders behind bars indefinitely after they have served their sentences if officials determine those inmates may prove "sexually dangerous" in the future.

"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote for the 7-2 majority.

At issue was the constitutionality of federal "civil commitment" for sex offenders who are nearing the end of their confinement or who are considered too mentally incompetent to stand trial.

The main plaintiff in the case, Graydon Comstock, was certified as dangerous six days before his 37-month federal prison term for processing child pornography was to end. Comstock and the others filing suit remain confined at Butner Federal Correctional Complex near Raleigh, North Carolina.

Three other inmates who filed suit served prison terms of three to eight years for offenses ranging from child pornography to sexual abuse of a minor. Another was charged with child sex abuse but was declared mentally incompetent to face trial.

All were set to be released nearly three years ago, but government appeals have blocked their freedom. The government says about 83 people are being held under the civil commitment program.

Corrections officials and prosecutors determined the men remained a risk for further sexually deviant behavior if freed. The inmates' attorneys maintain the continued imprisonment violates their constitutional right of due process and argue Congress overstepped its power by allowing inmates to be held for certain crimes that normally would fall under the jurisdiction of state courts.

The law in question is the 2006 Adam Walsh Child Protection and Safety Act, which includes a provision allowing indefinite confinement of sex offenders. A federal appeals court in Richmond, Virginia, ruled lawmakers had overstepped their authority by passing it, prompting the current high court appeal.

"The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others," Breyer wrote.

Breyer equated the federal civil commitment law to Congress' long-standing authority to provide mental health care to prisoners in its custody, if they might prove dangerous, "whether sexually or otherwise."

In dissent, Justice Clarence Thomas said the federal government overstepped its bounds.

"Congress' power, however, is fixed by the Constitution," Thomas wrote. "It does not expand merely to suit the states' policy preferences, or to allow state officials to avoid difficult choices regarding the allocation of state funds." He was joined by Justice Antonin Scalia.

The case represented a victory for the federal government and the woman who argued the case on its behalf, Solicitor General Elena Kagan. President Obama nominated Kagan last week to serve on the Supreme Court.

A key lawmaker behind the Adam Walsh act applauded the ruling.

"The court's holding today is a victory on behalf of the American people," said Sen. Patrick Leahy, D-Vermont, chairman of the Senate Judiciary Committee.

"The process to enact this law to protect our children from those who would do them harm was difficult. I am heartened to see an overwhelming majority of the Supreme Court uphold this important child protection law."

The justices in April 2009 had blocked the imminent release of dozens of sex offenders who had served their federal sentences after the Obama administration claimed many of them remain "sexually dangerous." Chief Justice John Roberts ordered the men be kept in custody while the case worked its way to the high court.

Most violent sex offenses are handled at the state level, and at least 20 states run programs in which sexual predators are held indefinitely or until they are no longer considered dangerous. The federal government's civil commitment program is relatively new.

The Adam Walsh act was named after the son of John Walsh, host of TV's "America's Most Wanted."Adam Walsh was kidnapped and murdered by a suspected child molester in 1981.

The act also increased punishments for certain federal crimes against children and created a national registry for sex offenders. Those aspects of the bill were not being challenged in this case.

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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by Wrapitup on Mon May 17, 2010 3:21 pm

This is the best news I've heard in a very long time!!! But, I think it should go even further. IMHO, once a sex offender - always a sex offender. So they should NOT be let out EVER - no matter how good they are in prison.

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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by janie on Mon May 17, 2010 4:13 pm

Hallelujah!!! This is great news but I agree with you wrap SO never change. I think this is a good beginning and hopeful soon they will change the law so these monsters will get life in prison without parole.
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Normal Re: How can we help to keep convicted sex offenders locked up?

Post by Guest on Mon May 17, 2010 5:48 pm

Now it is up to the States to enforce it. So don't hold your breath yet. Pay close attention to your State and what they do with this new law. It is great news!!!!!
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Normal Re: How can we help to keep convicted sex offenders locked up?

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