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		<title>It’s time for a new direction in sexual offense policy</title>
		<link>https://ncrsol.org/2024/02/its-time-for-a-new-direction-in-sexual-offense-policy/</link>
					<comments>https://ncrsol.org/2024/02/its-time-for-a-new-direction-in-sexual-offense-policy/#comments</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Thu, 29 Feb 2024 16:46:05 +0000</pubDate>
				<category><![CDATA[Legal]]></category>
		<category><![CDATA[national News]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[American Law Institute]]></category>
		<category><![CDATA[AZRSOL]]></category>
		<category><![CDATA[lifetime registration]]></category>
		<category><![CDATA[recommendations]]></category>
		<category><![CDATA[Ruth Bader Ginsburg]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4830</guid>

					<description><![CDATA[JOHN COVERT &#8212; Among all the policy experiments in this country that have thoroughly missed the mark, sex offense registries have surely earned their own special niche.   Registries have been examined in]]></description>
										<content:encoded><![CDATA[<p><strong><span data-preserver-spaces="true">JOHN COVERT </span></strong><em><span data-preserver-spaces="true">&#8212; </span></em><span data-preserver-spaces="true">Among all the policy experiments in this country that have thoroughly missed the mark, sex offense registries have surely earned their own special niche.  </span></p>
<p><span data-preserver-spaces="true">Registries have been examined in numerous academic studies over the past several decades and virtually all of them have found that registries do not accomplish what they were intended to do. They do not reduce recidivism. </span></p>
<p><span data-preserver-spaces="true">They do not prevent sex offenses. They do not protect children. They do not make communities safer. </span></p>
<p><span data-preserver-spaces="true">These findings certainly run counter to the beliefs of some policy makers seemingly more interested in inflicting additional punishment on past crimes or enhancing their “tough on crime” personas. New directions must be taken—employing evidence-based reforms focused on intervention and treatment methods that have been shown to reduce sexual violence. </span></p>
<p><span data-preserver-spaces="true">Sex offense registries in this country go back to the mid-20th century, when they had the limited aim of providing law enforcement (and only law enforcement) with contact information on those who had committed specific types of offenses.  </span></p>
<p><span data-preserver-spaces="true">Then, in 2003, the U.S. Supreme Court upheld Alaska’s relatively lean registry, using the now debunked premise that people convicted of a sex offense have an exceptionally high recidivism rate. Policy makers around the country took it as an invitation to pile on new regulations and requirements, vastly expanding registries that had once focused on a narrow spectrum of serious crimes to include an ever-growing list of offenses, even including such things as public urination and sex among underage teenagers. </span></p>
<p><span data-preserver-spaces="true">Those who seek to maintain, and even expand, sex offense registries make the claim that those convicted of a sex offense cannot be rehabilitated and need to be under constant surveillance. However, study after study has shown that therapeutic interventions largely lead to success. In fact, those convicted of sex offenses have essentially the lowest recidivism rate among all classes of offenders; a study done by the U.S. Department of Justice found a reconviction rate of 3.5% among individuals in 15 states released over a three-year period.  </span></p>
<p><span data-preserver-spaces="true">So, if registries do not work as intended, what can be done? </span></p>
<p><span data-preserver-spaces="true">The American Law Institute (ALI) provided recommendations on where states might go when it adopted extensive model penal code revisions regarding sex offense registries in 2021.</span><strong><em><span data-preserver-spaces="true"> </span></em></strong><span data-preserver-spaces="true"> ALI’s model codes are enormously influential in the courts and legislatures, and in legal scholarship and education. </span></p>
<p><span data-preserver-spaces="true">ALI’s proposed changes match the recommendations of academic literature, which shows that people convicted of sexual offenses have low reoffense rates and that registration hinders rehabilitation and reintegration into society. </span></p>
<p><span data-preserver-spaces="true">Specifically, it recommends restricting the information on registries to be available to law enforcement only, limiting those registered to only the most dangerous, and shortening the length of time individuals must remain on the registry. </span></p>
<p><span data-preserver-spaces="true">The first is important because publicly listing those convicted of a sex offense on the internet exposes them to a variety of negative consequences, ranging from public shaming, physical intimidation and violence, and difficulties in finding employment and a place to live.  </span></p>
<p><span data-preserver-spaces="true">The requirement of lifetime registration that many states, including Arizona, impose carries burdens for many convicted of a sex offense, often preventing them from ever being able to fully reintegrate into their communities even many years after the offense.   </span></p>
<p><span data-preserver-spaces="true">In her dissent in the Alaska Supreme Court case Justice Ruth Bader Ginsburg noted that many registries, including Arizona’s, make no provision at all for the possibility of rehabilitation. “However plain it may be that a former sex offender currently poses no threat of recidivism,” she wrote, “he will remain subject to long term monitoring and inescapable humiliation.” </span></p>
<p><span data-preserver-spaces="true">At a time when the American Law Institute, virtually all available research and a growing body of public and professional opinion reflects the reality that our current sexual offense policies do not work, it is important for Arizona to take a new direction. </span></p>
<p><em><span data-preserver-spaces="true">John Covert is a member of the Arizonans for Rational Sex Offense Laws Executive Committee.</span></em><span data-preserver-spaces="true"> </span></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4830</post-id>	</item>
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		<title>How the Supreme Court has promoted myths about sex offender registries</title>
		<link>https://ncrsol.org/2023/08/how-the-supreme-court-has-promoted-myths-about-sex-offender-registries/</link>
					<comments>https://ncrsol.org/2023/08/how-the-supreme-court-has-promoted-myths-about-sex-offender-registries/#comments</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Sun, 27 Aug 2023 01:31:59 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[punitive]]></category>
		<category><![CDATA[SCOTUS]]></category>
		<category><![CDATA[sex offender registries]]></category>
		<category><![CDATA[smith v doe]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4765</guid>

					<description><![CDATA[By  Jacob Sullum &#8212;  March 5, 2023 marks the 20th anniversary of Smith v. Doe, a U.S. Supreme Court decision that approved retroactive application of Alaska’s sex offender registry, deeming]]></description>
										<content:encoded><![CDATA[<p>By  <span class="AuthorByline-InPage"><a href="https://chicago.suntimes.com/authors/jacob-sullum" data-cms-ai="0">Jacob Sullum</a></span> &#8212;  March 5, 2023 marks the 20th anniversary of Smith v. Doe, a U.S. Supreme Court decision that approved retroactive application of Alaska’s sex offender registry, deeming it preventive rather than punitive. That ruling helped propagate several pernicious myths underlying a policy that every state has adopted without regard to its justice or effectiveness.</p>
<p>Writing for the majority in Smith, Justice Anthony Kennedy took it for granted that collecting and disseminating information about people convicted of sex offenses made sense as a public safety measure. But that premise was always doubtful.</p>
<p>The vast majority of sexual assaults, especially against children, are committed by relatives, friends or acquaintances, and the perpetrators typically do not have prior sex-offense convictions. That means they would not show up on a registry even if someone bothered to check.</p>
<p>It is therefore not surprising that research finds little evidence to support Kennedy’s assumption that publicly accessible registries protect potential victims. Summarizing the evidence in a 2016 National Affairs article, Eli Lehrer noted that “virtually no well-controlled study shows any quantifiable benefit from the practice of notifying communities of sex offenders living in their midst.”</p>
<p>To reinforce the logic of registries, Kennedy averred that “the risk of recidivism posed by sex offenders is ‘frightening and high.’” He was quoting his own opinion in an earlier case, which in turn relied on an unsubstantiated estimate from a source who has publicly and repeatedly disavowed it.</p>
<p>According to Kennedy’s paraphrase, “the rate of recidivism of untreated offenders has been estimated to be as high as 80%.” By contrast, a 2003 Bureau of Justice Statistics study found that the three-year recidivism rate for sex offenders was 3.5%.</p>
<p>Studies covering longer periods find higher recidivism rates, but still nothing remotely like 80%, even for high-risk offenders. Despite its empirical emptiness, Kennedy’s “frightening and high” claim has been quoted again and again in legal briefs and judicial opinions across the country.</p>
<p>Although registries are ostensibly based on the risk of recidivism, they apply indiscriminately to broad classes of people, even when there is little reason to think they pose an ongoing danger. Dissenting in Smith, Justice Ruth Bader Ginsburg noted that Alaska’s law “applies to all convicted sex offenders, without regard to their future dangerousness.”</p>
<p>One of the men who challenged Alaska’s law, Ginsburg pointed out, “successfully completed a treatment program” and “gained early release on supervised probation in part because of his compliance with the program’s requirements and his apparent low risk of reoffense.” A court determined that “he had been successfully rehabilitated,” based partly on “psychiatric evaluations” indicating that he had “a very low risk of re-offending” and was “not a pedophile.”</p>
<p>That man nevertheless was required to renew his registration four times a year for the rest of his life. The online registry included his name, photograph, criminal record, address, physical description, date of birth and place of employment, along with the license plate numbers of vehicles he used.</p>
<p>Kennedy minimized the consequences of publicly branding people as presumptively dangerous sex offenders, calling it “less harsh” than revocation of a professional license. But as Justice John Paul Stevens noted in his dissent, there was “significant evidence of onerous practical effects of being listed on a sex offender registry,” ranging from “public shunning, picketing, press vigils, ostracism, loss of employment and eviction” to “threats of violence, physical attacks, and arson.”</p>
<p>Those predictable costs, combined with legal restrictions on where registrants may live and which locations they may visit, undermine rehabilitation and continue to punish registrants long after they have completed their sentences. That is why several state and federal courts have concluded, contrary to what the Supreme Court said in Smith, that registration schemes are punitive in effect.</p>
<p>Activists who oppose registration will call attention to that reality during a vigil at the Supreme Court on Tuesday morning. They are clearly right in arguing that the illusory benefits of public registries cannot justify the burdens they impose.</p>
<p><i>Jacob Sullum is a senior editor at Reason magazine.</i></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4765</post-id>	</item>
		<item>
		<title>HIV Activist, Forced to Register as Sex Offender, Appeals to New York&#8217;s Highest Court</title>
		<link>https://ncrsol.org/2023/04/hiv-activist-forced-to-register-as-sex-offender-appeals-to-new-yorks-highest-court/</link>
					<comments>https://ncrsol.org/2023/04/hiv-activist-forced-to-register-as-sex-offender-appeals-to-new-yorks-highest-court/#comments</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Fri, 21 Apr 2023 22:01:45 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[HIV]]></category>
		<category><![CDATA[LGBT]]></category>
		<category><![CDATA[new york]]></category>
		<category><![CDATA[sex offender]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4716</guid>

					<description><![CDATA[Robert Suttle was required to register as a sex offender in Louisiana after being convicted of exposing someone to HIV. But despite the fact that New York does not require]]></description>
										<content:encoded><![CDATA[<h2>Robert Suttle was required to register as a sex offender in Louisiana after being convicted of exposing someone to HIV. But despite the fact that New York does not require its own residents to register after such a crime, the state is forcing the label on him anyway—and the Manhattan DA’s office is fighting him.</h2>
<p>In 2009, Robert Suttle <a href="https://theappeal.org/hiv-criminalization-laws/">was convicted</a> in Louisiana of illegally exposing someone to HIV without their consent. In most other parts of the country, Suttle would only need to live with a conviction on his record. But Louisiana is one of a handful of states that forces those convicted of such a charge to register as sex offenders, a label that carries life-altering shame and stigma. Suttle has since moved to New York, but the designation still haunts him. He sued to remove the label, but the state’s lower courts have thus far held that Suttle must remain on the registry, even though New York has no HIV-specific criminal laws.</p>
<p>But now, Suttle has asked the New York Court of Appeals, the state’s highest court, to invalidate a law he says unfairly criminalizes people with HIV. In November, an attorney representing Suttle filed leave to appeal, castigating the lower court’s decision to keep Suttle on the sex offender registry.</p>
<p>“The decision permits, if not requires, New York courts to enforce laws of foreign jurisdictions through SORA, no matter how unconstitutional or contrary to New York’s laws and policies,” the brief states. “It specifically undermines the constitutional and statutory mandates that HIV+ persons have a right to privacy in their status.”</p>
<p>In a phone interview, Suttle told The Appeal that the onerous requirements that come with being forced to register as a sex offender have added significant hurdles to his life.</p>
<p>“It’s almost like they just throw you into this situation and just throw away the key, and there’s nobody there to really explain to you, which is what the system just doesn’t do anyway,” Suttle said. He added later: “I’ve been just trying to hang in there, with the hopes that I will be able to sort of move beyond this and really go out and get the things that I want in life.” Suttle <a href="https://theappeal.org/hiv-criminalization-laws/">told The Appeal in September</a> the charges stemmed from a brief relationship in the early 2000s.</p>
<p>Across the country, HIV-related criminal laws have come under increased scrutiny as science on HIV—and its prevention—have advanced. Highly effective HIV-preventative drugs have proliferated. Medicine regimens can now prevent people living with HIV from passing the virus to their partners.</p>
<p>Legal experts have also argued that such laws, known as “HIV criminalization” laws, disproportionately impact Black and brown people living with HIV, target LGBTQ people in particular, and violate the Americans with Disabilities Act.</p>
<p>The Center for HIV Law and Policy (CHLP), a nonprofit that advocates for the rights of people with HIV, said as much in a December brief to the New York Court of Appeals in support of Suttle. In the filing, CHLP attorney Jada Akers argued that both Louisiana’s HIV criminal statute and New York’s treatment of Suttle contravene the ADA.</p>
<p>“The NY Courts cannot just collectively bury their heads in the sand and ignore the fact that the underlying Louisiana conviction for which Mr. Suttle has to now register as a sex offender in New York is clearly due to a discriminatory law,” Akers wrote in the brief.</p>
<p>Louisiana is one of <a href="https://www.hivlawandpolicy.org/sites/default/files/Timeline%20of%20State%20Reforms%20and%20Repeals%20of%20HIV%20Criminal%20Laws%20062822.pdf">14 states</a> that have repealed or amended their HIV-related criminal statutes in the past decade. Texas was the first in 1994. Last year, New Jersey <a href="https://www.thebody.com/article/new-jersey-third-state-repeal-hiv-criminalization-law">became the third state</a> to repeal its HIV criminal statute fully. That law, while enacted, let prosecutors charge people who did not report their HIV status to sexual partners.</p>
<p>In 2014, the New York State Board of Examiners of Sex Offenders decided that Suttle had to register as a sex offender due to his conviction in Louisiana.</p>
<p>Suttle challenged that decision in court, but a state appeals court unanimously ruled in October that the board had decided correctly. Now that Suttle has brought his case to the New York Court of Appeals, the Manhattan District Attorney’s Office—which previously said it would not fight Suttle’s efforts—has filed briefs opposing him.</p>
<p>In a brief filed in court, Assistant District Attorney Kelly Fulham wrote that, while the Manhattan DA’s office opposes the law impacting Suttle, prosecutors were legally bound to enforce it.</p>
<p>“People support a legislative amendment to the foreign registration provision that would remove the registration requirement in circumstances like these,” she wrote. “Under the statute as currently enacted, however, the Board’s determination that [Suttle] must register is consistent with [state law].”</p>
<p>In an emailed statement to The Appeal, a spokesperson from Manhattan District Attorney Alvin Bragg’s office said prosecutors’ hands are tied. The spokesperson said that the office does not support HIV criminalization but, due to the “confines of the law,” has no choice other than to oppose Suttle.</p>
<p>The spokesperson added that the DA’s office previously sent a proposal to the state legislature to change the law and prevent people like Suttle from being forced into these situations.</p>
<p>But legal experts from CHLP hit back at the DA Office’s claims. Kae Greenberg, a staff attorney at CHLP, told The Appeal that prosecutors should have “the courage to take a potentially unpopular stand in the midst of a political minefield,” since removing Suttle from the offender registry is “in the interest of justice.”</p>
<p>And, given the <a href="https://prismreports.org/2022/04/20/hate-crimes-rise-anti-lgbtq-legislation/">ongoing national rise in anti-LGBTQ hatred</a>, Greenberg said the DA’s present position is a treacherous one to take.</p>
<p>“Currently, as other statutes that are still on the books in other states criminalizing abortion come back in full force, as states rush to criminalize drag shows and gender-affirming care, the ‘my hands are tied’ argument is a dangerous one to be made by an elected official tasked with promoting the safety of all New Yorkers,” he said.</p>
<p>&nbsp;</p>
<p>Source: <a href="https://theappeal.org/hiv-activist-robert-suttle-forced-to-register-as-sex-offender/">The Appeal</a></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4716</post-id>	</item>
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		<title>Lifelong registration on child abuse registry is civil rights violation, man says in lawsuit</title>
		<link>https://ncrsol.org/2023/04/lifelong-registration-on-child-abuse-registry-is-civil-rights-violation-man-says-in-lawsuit/</link>
					<comments>https://ncrsol.org/2023/04/lifelong-registration-on-child-abuse-registry-is-civil-rights-violation-man-says-in-lawsuit/#respond</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Tue, 11 Apr 2023 02:00:37 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[New Jersey]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4702</guid>

					<description><![CDATA[BY: DANA DIFILIPPO &#8212; A Passaic County man has filed a lawsuit challenging the constitutionality of New Jersey’s registry of child abusers, saying it unfairly condemns people to the list for life]]></description>
										<content:encoded><![CDATA[<p><span data-preserver-spaces="true"><span class="singleByline">BY: </span><span class="singleBylineAuthor"><a class="author url fn" title="Posts by Dana DiFilippo" href="https://newjerseymonitor.com/author/ddifilippo/" rel="author">DANA DIFILIPPO</a></span> &#8212; A Passaic County man has filed a</span><a class="editor-rtfLink" href="https://newjerseymonitor.com/wp-content/uploads/2023/03/CARI-complaint.pdf" target="_blank" rel="noopener"><span data-preserver-spaces="true"> lawsuit</span></a><span data-preserver-spaces="true"> challenging the constitutionality of New Jersey’s registry of child abusers, saying it unfairly condemns people to the list for life even when they’re unlikely to reoffend.</span></p>
<p><span data-preserver-spaces="true">Being on the state child abuse registry can impact someone’s career for their whole life — even barring them from jobs that have nothing to do with children, the lawsuit charges. It also can restrict their ability to adopt or parent, according to the complaint filed last week in state Superior Court.</span></p>
<p><span data-preserver-spaces="true">The plaintiff, identified as K.C., is asking a judge to declare lifetime registration without a chance for removal unconstitutional and to terminate his registration. The lawsuit names Attorney General Matt Platkin and state Department of Children and Families Commissioner Christine Norbut Beyer as defendants. DCF’s Child Abuse Record Information (CARI) unit oversees the registry.</span></p>
<p><span data-preserver-spaces="true">Attorney James H. Maynard represents K.C., now 42, who landed on the registry 25 years ago for a sexual offense involving a sibling that occurred when both were children.</span></p>
<p><span data-preserver-spaces="true">Lifetime registration requirements ignore that </span><a class="editor-rtfLink" href="https://www.rand.org/pubs/research_reports/RRA1360-1.html" target="_blank" rel="noopener"><span data-preserver-spaces="true">recidivism risks fall over time</span></a><span data-preserver-spaces="true">, Maynard told the New Jersey Monitor.</span></p>
<p><span data-preserver-spaces="true">“Lifetime registries are wrong,” he said. “They’re wrong based on the science and they’re wrong based on the reality that risk is not static. It is dynamic. Risk declines over time in virtually all cases, but the CARI registry is for life with no right of review, and no process for removal.”</span></p>
<p><span data-preserver-spaces="true">A Beyer spokesperson declined to comment.</span></p>
<p><span data-preserver-spaces="true">New Jersey created its first child abuse registry in 1971, and legislators have expanded it several times since then.</span></p>
<p><span data-preserver-spaces="true">Now, a CARI check can disqualify someone from a job — even at workplaces where there are no children, such as drug treatment — mental health and jail diversion programs, and health care services for geriatric and developmentally disabled adults, according to the lawsuit.</span></p>
<p><span data-preserver-spaces="true">And while crimes committed as a juvenile don’t show up on criminal background checks, they do appear on CARI checks, according to the complaint.</span></p>
<p><span data-preserver-spaces="true">K.C. is a counselor who has worked in adult psychiatric care but has withdrawn from his bids for promotions and new job opportunities, afraid a CARI check would reveal his childhood offense, according to the lawsuit.</span></p>
<p><span data-preserver-spaces="true">He’s single and childless and would like to adopt someday, but his inclusion on the child abuse registry is “akin to a ‘Scarlet Letter,&#8217;” implies he’s dangerous, and reduces the likelihood he will be approved as an adoptive parent, the lawsuit charges.</span></p>
<p><span data-preserver-spaces="true">“We need to be very careful if we’re going to employ registries as a means of social organization,” Maynard said. “We need to make sure that they don’t inappropriately infringe on people’s rights, and that they are not permanent or without right of review and removal.”</span></p>
<p><span data-preserver-spaces="true">The lawsuit also seeks more transparency around the child abuse registry, which isn’t publicly accessible the way the </span><span data-preserver-spaces="true">Megan’s Law </span><span data-preserver-spaces="true">registry</span><span data-preserver-spaces="true"> for sex offenders is. People who don’t contest their placement on the child abuse registry within 20 days are denied access afterward to the state’s records on their case, according to the complaint.</span></p>
<p><span data-preserver-spaces="true">“Once they put you on it, you can’t even see what’s in your file. You can’t have a lawyer review it. You can’t get it and review it yourself,” Maynard said. “Everyone deserves to have the right to review what the CARI registry has relating to them, and to present evidence that they no longer pose a risk for the same or similar conduct.”</span></p>
<p><span data-preserver-spaces="true">Registration on the child abuse registry is lifelong, even though courts have </span><span data-preserver-spaces="true">trended toward leniency</span><span data-preserver-spaces="true"> for juvenile offenders in recognition of brain research that shows people don’t fully mature until their mid-20s.</span></p>
<p><span data-preserver-spaces="true">In April 2018, the New Jersey Supreme Court </span><a class="editor-rtfLink" href="https://www.northjersey.com/story/news/new-jersey/2018/04/24/new-jersey-supreme-court-allows-juvenile-sex-offenders-get-off-megans-law-registry/547858002/" target="_blank" rel="noopener"><span data-preserver-spaces="true">ruled</span></a><span data-preserver-spaces="true"> that people convicted of sex crimes they committed as children can petition to get off the lifelong Megan’s Law registry if they commit no new crimes for 15 years. K.C. successfully petitioned to be removed from the Megan’s Law registry in December 2018, according to his lawsuit.</span></p>
<p><span data-preserver-spaces="true">Reformers </span><a class="editor-rtfLink" href="https://newjerseymonitor.com/2022/08/22/reformers-push-for-megans-law-changes-for-juvenile-offenders/" target="_blank" rel="noopener"><span data-preserver-spaces="true">have been fighting</span></a><span data-preserver-spaces="true"> to exempt juveniles from sex offender registries altogether.</span></p>
<p><span data-preserver-spaces="true">Advocates calling for change say this is a racial justice issue because research has shown both </span><a class="editor-rtfLink" href="https://theappeal.org/black-men-disproportionately-represented-on-sex-offender-registries/" target="_blank" rel="noopener"><span data-preserver-spaces="true">sex offender registries and</span></a><span data-preserver-spaces="true"> </span><a class="editor-rtfLink" href="https://www.buzzfeednews.com/article/scottpham/child-abuse-and-neglect-registries-punish-parents-of-color" target="_blank" rel="noopener"><span data-preserver-spaces="true">child abuse registries</span></a><span data-preserver-spaces="true"> disproportionately impact people of color.</span></p>
<p><span data-preserver-spaces="true">A spokesperson for Platkin didn’t respond to a request for comment. </span></p>
<p>&nbsp;</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4702</post-id>	</item>
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		<title>Florida county settles lawsuit over sex offenders&#8217; access to county commission meetings</title>
		<link>https://ncrsol.org/2023/04/florida-county-settles-lawsuit-over-sex-offenders-access-to-county-commission-meetings/</link>
					<comments>https://ncrsol.org/2023/04/florida-county-settles-lawsuit-over-sex-offenders-access-to-county-commission-meetings/#respond</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Tue, 11 Apr 2023 01:56:03 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[Florida]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[premises restrictions]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4699</guid>

					<description><![CDATA[Brevard County Florida has agreed to settle a federal lawsuit involving the right of convicted sex offenders to attend County Commission meetings. As part of the settlement, the county agreed]]></description>
										<content:encoded><![CDATA[<p class="gnt_ar_b_p">Brevard County Florida has agreed to settle a federal lawsuit involving the right of convicted sex offenders to attend County Commission meetings.</p>
<p class="gnt_ar_b_p">As part of the settlement, the county agreed to pay damages of $2,500 each to the plaintiffs ― sex offenders Charles Munsey Jr., Vincent Rinaldi and Charles Violi ― plus pay $150,000 for plaintiffs&#8217; attorney fees.</p>
<p class="gnt_ar_b_p">The lawsuit filed in January 2022 in U.S. District Court was triggered by a 2006 Brevard County ordinance that, with some exceptions, prohibits people on the sex offender registry from being within 1,000 feet of a school, day care center, park or playground. Violators are subject to up to 60 days in jail and up to a $500 fine.</p>
<p class="gnt_ar_b_p">Because the Brevard County Government Center in Viera is within 1,000 feet of a school — and the ordinance had no exceptions for attending public meetings — sex offenders were prohibited from attending County Commission meetings.</p>
<p class="gnt_ar_b_p"><strong class="gnt_ar_b_al">Legal action filed: </strong><a class="gnt_ar_b_a" href="https://www.floridatoday.com/story/news/2022/01/07/brevard-county-sued-sex-offenders-who-say-they-violated-their-1st-amendment-rights/9116266002/" target="_blank" rel="noopener" data-t-l=":b|e|spike click:7|${u}">3 Brevard County registered sex offenders file federal lawsuit against county</a></p>
<p class="gnt_ar_b_p">The lawsuit alleged that, because of this, the county violated the First Amendment and Florida’s Government in the Sunshine Law.</p>
<p class="gnt_ar_b_p">After the lawsuit was filed, the County Commission changed the rule to allow an exception for attending commission meetings. But the lawsuit continued, until the plaintiffs and the county agreed to the settlement.</p>
<p class="gnt_ar_b_p"><strong class="gnt_ar_b_al">Appearing before commission: </strong><a class="gnt_ar_b_a" href="https://www.floridatoday.com/story/news/2022/05/18/sex-offenders-want-brevard-change-rules-restricting-their-presence/9800708002/" target="_blank" rel="noopener" data-t-l=":b|e|spike click:11|${u}">Registered sex offenders address county commission after rule changed to allow them</a></p>
<p class="gnt_ar_b_p">In commenting on the settlement, the plaintiffs&#8217; lead attorney in the case, Ray Taseff of the Florida Justice Institute, said: “We’re happy that the Brevard County government is now truly open to everyone. Cities and counties should take note that they cannot restrict who attends their public meetings.”</p>
<p class="gnt_ar_b_p">Taseff added that &#8220;it is quite unfortunate that this lawsuit had to be filed in the first place.&#8221;</p>
<p class="gnt_ar_b_p">Another attorney for the plaintiffs in the case, Jessica Travis of the law firm DefendBrevard.com, said: “It is important that every single citizen be able to address their elected officials, regardless of who they are or what their background may be.&#8221;</p>
<p class="gnt_ar_b_p">Taseff noted that, before the County Commission carved out an exception for its meetings, the plaintiffs could not even address commissioners when the commission in 2020 was considering making sex offender ordinances more restrictive by barring offenders from entering within 1,000 feet of businesses where children typically congregate, a proposal that commissioners approved.</p>
<p>Brevard County Communications Director Don Walker said the county would have no comment on the settlement other than saying the payments of the legal fees and the payment to the plaintiffs would be covered by insurance.</p>
<p class="gnt_ar_b_p">After the County Commission modified the ordinance in March 2022 to allow sex offenders to come to County Commission meetings, the plaintiffs attended a May 17, 2022, meeting. During the public comment period, they spoke about how the remainder of the ordinance negatively affects their lives, such as restricting their ability to take loved ones to the hospital or attend events with their grandchildren.</p>
<p class="gnt_ar_b_p">By settling the lawsuit, the case did not go to trial, and no formal judicial ruling was issued.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4699</post-id>	</item>
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		<title>RealPage incorrect sex offender data $9.73M class action lawsuit settlement</title>
		<link>https://ncrsol.org/2023/04/realpage-incorrect-sex-offender-data-9-73m-class-action-lawsuit-settlement/</link>
					<comments>https://ncrsol.org/2023/04/realpage-incorrect-sex-offender-data-9-73m-class-action-lawsuit-settlement/#comments</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Tue, 11 Apr 2023 01:52:07 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[Realpage]]></category>
		<category><![CDATA[virginia]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4696</guid>

					<description><![CDATA[RealPage agreed to pay over $9.73 million to resolve claims that it violated the federal Fair Credit Reporting Act (FCRA) by allowing incorrect sex offender registry data on tenant screening]]></description>
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<p>RealPage agreed to pay over $9.73 million to resolve claims that it violated the federal Fair Credit Reporting Act (<a href="https://topclassactions.com/glossary/fair-credit-reporting-act/"><b>FCRA</b></a>) by allowing incorrect sex offender registry data on tenant screening reports.</p>
<p>The class action lawsuit settlement benefits individuals who were subject to a RealPage report between June 14, 2017, and March 2, 2021, where the report included a record from a sex offender registry with the record matching the report subject based on the birth date range, but where further review shows a differing birth date.</p>
<p><a href="https://www.realpage.com/company/" target="_blank" rel="noopener"><b>RealPage</b></a> offers rental property solutions including property management, sales, marketing, screening, revenue management and more. Tenants attempting to rent an apartment or house may have their background screened during the application process through RealPage.</p>
<p>However, RealPage may violate federal reporting laws by including incorrect information on tenant background checks.</p>
<p>A 2019 class action lawsuit claims the company includes information from sex offender registries on certain background checks despite these reports not being associated with the report subject.</p>
<p>The plaintiff in the case says he was attempting to rent an apartment in New Jersey when a rental company ordered a background report on him from RealPage. RealPage allegedly portrayed the plaintiff as a registered sex offender in Indiana — despite this report belonging to an entirely different person sharing the same name. This inaccurate report cost the plaintiff the apartment he wanted to lease, the class action lawsuit contends.</p>
<p>According to the plaintiff, the inaccurate reporting would not have happened if RealPage did its due diligence and looked into the record further.</p>
<p>Upon further inspection, the sex offender record included on his background report allegedly contains a different middle name, date of birth and physical description. The plaintiff claims he was able to debunk this report in mere minutes.</p>
<p>The background check class action lawsuit claims RealPage’s conduct violates the FCRA. RealPage maintains its policies are lawful and argues that full birth dates are not available to the public through many state’s sex offender registries. However, the company agreed to pay more than $9.73 million to resolve the FCRA class action lawsuit.</p>
<p>Under the terms of the RealPage lawsuit settlement, class members can collect a cash payment.</p>
<p>Each class member will receive an equal share of the settlement fund. Exact payments may vary, but class counsel estimates each participating class member will receive around $300.</p>
<p>The deadline for exclusion and objection is Aug. 1, 2022.</p>
<p>The final approval hearing for the settlement is scheduled for Sept. 21, 2022.</p>
<p>In order to receive a payment from the RealPage lawsuit settlement, Class Members must submit a valid claim form by Aug. 1, 2022.</p>
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<h6 id="h-who-s-eligible">Who’s Eligible</h6>
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<p>The class action lawsuit settlement benefits individuals who were subject to a RealPage report between June 14, 2017, and March 2, 2021, where the report included a record from a sex offender registry with the record matching the report subject based on the birth date range, but where further review shows a differing birth date.</p>
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<h6 id="h-potential-award">Potential Award</h6>
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<p><strong>Around $300</strong></p>
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<h6 id="h-proof-of-purchase">Proof of Purchase</h6>
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<p>No proof of purchase applicable</p>
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<h6 id="h-claim-form">Claim Form</h6>
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<div class="wp-block-button"><a class="wp-block-button__link has-white-color has-text-color has-background" href="https://www.sorsettlement.com/claimform.aspx" target="_blank" rel="noreferrer noopener">CLICK HERE TO FILE A CLAIM »</a></div>
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<p id="block-4a2e647e-ec93-40d5-a51b-45b29341de2c" class="has-black-color has-text-color"><strong><span class="has-inline-color">NOTE:</span></strong> If you do not qualify for this settlement do NOT file a claim.</p>
<p id="block-700a0eef-e7b8-4ce8-a3b8-50ff5b76ea54">Remember: you are submitting your claim <em>under penalty of perjury</em>. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other <a href="https://topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/" target="_blank" rel="noreferrer noopener"><strong>open class action settlements</strong></a> you may be eligible for.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4696</post-id>	</item>
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		<title>Tennessee targets registered sex offenders with &#8216;Operation Egg Hunt&#8217;</title>
		<link>https://ncrsol.org/2023/04/tennessee-targets-registered-sex-offenders-with-operation-egg-hunt/</link>
					<comments>https://ncrsol.org/2023/04/tennessee-targets-registered-sex-offenders-with-operation-egg-hunt/#comments</comments>
		
		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Sat, 08 Apr 2023 02:18:06 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[compliance]]></category>
		<category><![CDATA[Tennessee]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4689</guid>

					<description><![CDATA[According to a Tennessee press release, a multi-agency sex offender registry compliance operation concluded this week with the check of more than 70 registered sex offenders in the Tennessee area]]></description>
										<content:encoded><![CDATA[<p>According to a Tennessee press release, a multi-agency sex offender registry compliance operation concluded this week with the check of more than 70 registered sex offenders in the Tennessee area of Anderson County. Anderson County is home to the city of Oak Ridge.</p>
<p>During the operation, dubbed “Operation Egg Hunt,” compliance checks were conducted on more than 70 registered sex offenders. Law enforcement teams made contact with 72 of those offenders. Of those where contact was made, 68 were found to be in compliance.</p>
<p>Four men were arrested for being in violation of the sex offender registry and booked into the <a href="https://tnacso.net">Anderson County Jail</a>, identified as 42-year-old Eric Bedwell, 49-year-old Corey Hutchinson, 27-year-old Brandon Labelle, and 30-year-old Cameron Richardson.</p>
<p>“Making sure registered sex offenders in Anderson County are in compliance and following the rules set forth by the courts as a result of their conviction is critical,” said Sheriff Russell Barker in a press release also shared to the ACSO Facebook page. “It’s important that these offenders know we are always watching and will hold them accountable if they fail to comply.”</p>
<p>The operation spanned four days this week and wrapped up Thursday. The sweep was conducted by the Anderson County Sheriff’s Office and the Oak Ridge Police Department, with the assistance of the <a href="https://sor.tbi.tn.gov/home">Tennessee Buerau of Investigation’s Sex Offender Registry Unit</a> and the <a href="https://www.usmarshals.gov">US Marshals Service</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">4689</post-id>	</item>
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		<title>New lawsuit accuses Minnesota Sex Offender Program of violating patients&#8217; civil rights</title>
		<link>https://ncrsol.org/2023/04/new-lawsuit-accuses-minnesota-sex-offender-program-of-violating-patients-civil-rights/</link>
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		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Thu, 06 Apr 2023 12:00:11 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[civil commitment]]></category>
		<category><![CDATA[Minnesota]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4669</guid>

					<description><![CDATA[State officials blamed lengthy delays in moving offenders to less-secure settings on staffing and space shortages. Sixteen men who have been cleared for transfer from Minnesota&#8217;s high-security treatment centers for]]></description>
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<h2 class="article-subhead">State officials blamed lengthy delays in moving offenders to less-secure settings on staffing and space shortages.</h2>
<p id="4id01d">Sixteen men who have been cleared for transfer from Minnesota&#8217;s high-security treatment centers for sex offenders are being held beyond their transfer dates, state officials say, because they lack the space and staff to treat them in a community setting.</p>
<p id="nWSoTA">The backlog means that these men, who are <a href="https://www.revisor.mn.gov/statutes/cite/253D/full">civilly committed</a> for sex crimes, are sometimes waiting months to be moved to a less-restrictive campus in St. Peter that is designed to help them learn skills to reintegrate into society. While the need to expand that campus has been identified for years, state lawmakers have declined to pay millions more to house Minnesota sex offenders.</p>
<p id="5az4Oq">Now lawyers for patients in the <a href="https://mn.gov/dhs/people-we-serve/adults/services/sex-offender-treatment/statistics.jsp">Minnesota Sex Offender Program</a> (MSOP) are suing the state in Ramsey County District Court, claiming the transfer delays violate their civil rights. They are demanding the immediate release of one man, James J. Rud, who has been held at the treatment center in Moose Lake for more than eight months after a judicial panel ordered that he be transferred to <a href="http://chrome-extension//bdfcnmeidppjeaggnmidamkiddifkdib/viewer.html?file=https://mn.gov/dhs/assets/msop-community-preparation-services_tcm1053-313403.pdf">MSOP&#8217;s community program</a> in St. Peter — where men live outside the secure perimeter but still wear ankle monitors and are closely watched.</p>
<p id="M2iXNe">The attorneys point to a recent <a href="http://chrome-extension//bdfcnmeidppjeaggnmidamkiddifkdib/viewer.html?file=https://minnlawyer.com/wp-content/blogs.dir/1/files/2023/02/OPA210042-020123.pdf">Minnesota Supreme Court ruling</a> that determined the patients have a &#8220;clearly established right&#8221; to be transferred to the less restrictive setting within a &#8220;reasonable time&#8221; following a court order.</p>
<p id="aHT8K0">&#8220;This is a question of fundamental liberty,&#8221; said Dan Gustafson, the primary attorney in the recent lawsuit, which is seeking class-action status on behalf of MSOP patients who have been held beyond their court-approved transfers. &#8220;When a court says you have to transfer someone to reduced custody, you can&#8217;t just wait until it&#8217;s convenient.&#8221;</p>
<p id="QvZqhx">Officials at the Minnesota Department of Human Services, which oversees the sex offender program, declined a request for an interview.</p>
<p id="E4fSLk">However, in a written statement and court documents, the agency has blamed the backlog in transfers on staff and space constraints brought on, in part, by inadequate state funding. Since the pandemic began, the MSOP has struggled to recruit and retain employees in a tight labor market, the agency said. One out of four clinical positions are currently unfilled, and there are nearly 150 vacant, full-time positions throughout the program. &#8220;MSOP has been recruiting aggressively, but it has been challenging to hire the necessary clinical and support staff,&#8221; DHS said in its statement.</p>
<p id="bg8yNJ">The capacity problems have been exacerbated by the growing number of civilly committed men being approved for transfer by special judicial panels, which have shown a greater willingness in recent years to grant requests for reductions in custody. These panels issued 25 orders to transfer MSOP clients to the community program in St. Peter last year, up from 15 in 2021 and eight in 2013, according to DHS data.</p>
<p id="XsJhN5">To clear the backlog and comply with the growing number of court orders, Gov. Tim Walz&#8217;s administration is seeking as part of its bonding bill $21.6 million to renovate two buildings at the St. Peter campus to add 30 beds and provide more treatment space.</p>
<p id="pD6d9S">The bonding request faces a challenge at the State Capitol, where lawmakers have been reluctant to approve more money for a program that treats about 740 men and costs more than <a href="http://chrome-extension//bdfcnmeidppjeaggnmidamkiddifkdib/viewer.html?file=https://www.lrl.mn.gov/docs/2021/mandated/210346.pdf">$90 million a year</a> to operate. Nearly every year since 2016, the Legislature has declined to approve bonding requests to add more beds to the St. Peter community program.</p>
<p id="6rY91s">As it stands, 16 men confined at Moose Lake and St. Peter have received court orders to be transferred to the less-restrictive Community Preparation Services program, which has 145 beds. The waiting list has declined from a high of 51 men a year ago, before the MSOP expanded its capacity by taking over a vacated building on its St. Pater campus.</p>
<p id="R9y0Qe">&#8220;MSOP has contended with insufficient capacity in Community Preparation Services [in St. Peter] for years, which significantly impacts the ability to transfer clients into the program,&#8221; Nancy Johnston, MSOP executive director, said in a written statement. &#8220;Securing funding from the Legislature for more beds has been a very high priority.&#8221;</p>
<p id="Foti3x">The MSOP has been the target of multiple legal challenges in recent years for its practice of confining men for indefinite periods who are <a href="https://www.revisor.mn.gov/statutes/cite/253D/full#:~:text=The%20existence%20in%20any%20person%20of%20a%20condition%20of%20a,tried%20upon%20a%20criminal%20charge.">designated by the courts</a> as &#8220;sexually dangerous&#8221; or as having &#8220;sexual psychopathic personalities.&#8221; Some have been held at the MSOP treatment centers for years — even decades — after they have completed their prison terms. As patients progress in treatment, they can be moved to CPS — often seen as the final step on the path back to community life.</p>
<p id="s64g8j">Yet men can be held for months after they have been cleared for transfer by the courts, prolonging an already Byzantine process. Civilly committed to the MSOP in 2009, Rud was approved last June for transfer to the St. Peter community program. Yet Rud remains at the high-security facility in Moose Lake, which is surrounded by a fence topped with razor wire. He has received no information on when, if ever, he will be moved to the less-secure setting, according to the lawsuit filed last month in Ramsey County.</p>
<p id="tJMovG">In at least two other cases, MSOP patients have waited more than two years to be transferred to CPS after judicial panels ordered it.</p>
<p id="A7psll">Gustafson took issue with the state&#8217;s contention that CPS has been underfunded, lacking staff and space to accommodate the transfers. &#8220;Insufficient funding cannot be a defense&#8221; of the delays, he argued. &#8220;Because if that were true, the state could say, &#8216;We&#8217;re not going to provide medical care or food to these people anymore because the Legislature didn&#8217;t fund it.&#8217; That&#8217;s the logical conclusion of the money defense.&#8221;</p>
<p id="3AvCvR">Daniel A. Wilson, an MSOP patient who co-founded a group of detainees pushing to close the program, said the prolonged transfer delays contribute to a &#8220;lack of hope&#8221; among patients. &#8220;It&#8217;s clear that they never designed this program &#8230; in a way that would promote progression&#8221; from MSOP to the community, said Wilson, who has been confined at Moose Lake for six years. &#8220;When there aren&#8217;t even beds available, it becomes apparent that one&#8217;s progression has little to do with one&#8217;s willingness to participate in treatment.&#8221;</p>
<p id="iT69EQ">&#8220;They cast this illusion that it&#8217;s our own fault,&#8221; for not moving through treatment, Wilson added, &#8220;when the evidence shows there&#8217;s not enough space.&#8221;</p>
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		<title>Committee Kills Bill Making It Harder For Sex Offenders To Get Off Wyoming Registry</title>
		<link>https://ncrsol.org/2023/04/committee-kills-bill-making-it-harder-for-sex-offenders-to-get-off-wyoming-registry/</link>
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		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Wed, 05 Apr 2023 11:45:20 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[recidivism]]></category>
		<category><![CDATA[Wyoming]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4665</guid>

					<description><![CDATA[By Clair McFarland, General Assignment Reporter A proposed Wyoming law geared toward making fewer sex offenders able to get their names off the sex offender registry died in the Senate]]></description>
										<content:encoded><![CDATA[<p>By Clair McFarland, General Assignment Reporter</p>
<p>A proposed Wyoming law geared toward making fewer sex offenders able to get their names off the sex offender registry died in the Senate Judiciary Committee  after lawmakers said the bill’s language confused, rather than clarified, the issue.</p>
<p>Committee Chairman Sen. Bill Landen, R-Casper, said he wants to resurrect a better version of the bill in time for next year’s legislative session.</p>
<p>Bill sponsor Rep. Christopher Knapp, R-Gillette, said he intended for <a href="https://wyoleg.gov/Legislation/2023/HB0090">House Bill 90</a> to broaden the category of sex offenders in Wyoming who cannot petition a judge to be removed from the sex offender registry.</p>
<p>Knapp told the Senate Judiciary Committee during its Monday meeting that he brought the bill after hearing a constituent’s story of a family member who committed suicide after enduring sexual assault.</p>
<p>“Some (victims) don’t make it out from their childhood memories, or teen-hood memories, or adulthood memories,” said Knapp. “Some succumb to their attack.”</p>
<p>He said he’d like to see moms of young children especially have lifetime access to sex offense data on more offenders.</p>
<p>Despite the bill’s goal, the language contained what Cara Chambers, director of the Wyoming Division of Victim Services, called “loopholes.”</p>
<p>Chambers said the bill would change portions of the state Sex Offender Registry Act without conforming the rest of the act, such as parts of the law addressing out-of-state offenders.</p>
<p>“We’re not capturing everybody,” said Chambers.</p>
<p>She said the bill’s exceptions allowing some offenders to apply to be de-registered after 25 years would not apply to people who’d committed sex crimes outside Wyoming, then moved to the state.</p>
<p>“So we’re missing a swath of folks,” she said.</p>
<p>Knapp said he’d be pleased to fix any loopholes and would like to see the bill advance after that.</p>
<p><strong>Judges ‘May’  </strong></p>
<p>Sen. Cale Case, R-Lander, who voted against the bill while voicing concerns that it didn’t capture the entire issue, said there’s already a provision in law that judges may – but don’t have to – deregister certain people after a time period of clean living outside of prison or jail.</p>
<p>“Do courts take that very seriously?” asked Case. “I would imagine they do … make a considered analysis of whether this person shall be relieved of registration or not. It’s not entered into lightly.”</p>
<p>Case said he’d like to see the committee explore whether, and to what extent, people who have been removed from the registry go on to commit sex crimes.</p>
<p>“That’s a stat I would like to know,” he said.</p>
<p><strong>‘Too Important’  </strong></p>
<p>Landen agreed with Case, saying that the Judiciary Committee in the interim between legislative sessions should explore further the rates at which people reoffend and find ways to tighten the de-listing petition categories.</p>
<p>Sen. Ed Cooper, R-Ten Sleep, said he’s in favor of the concept but has concerns about the bill’s language.</p>
<p>“This is too important not to get right,” said Cooper.</p>
<p><strong>Recidivism  </strong></p>
<p>Both Chambers and Knapp said recidivism, or re-offense rates, for the sex offender population are not encouraging.</p>
<p>Chambers said sex criminals reoffend at a rate of about 25%, but those are only the ones who get caught. Sex crimes, she said, are troublingly underreported. She said she sympathized with the intent of the bill, despite finding its language incongruent with the law.</p>
<p>Knapp, quoting a global study performed by the Quebec government, said sex offenders reoffend more often as time passes.</p>
<p>“None of us can understand (it), but typically it’s premeditated and it’s a constant thought,” he said.   <strong> </strong></p>
<p><strong>Here’s Who Can’t Petition   </strong></p>
<p>Under Wyoming law now, convicted sex offenders can not apply to be taken off the sex offender registry if they:</p>
<p>• Have kidnapped a child</p>
<p>• Have raped or committed other kinds of sexual assault against someone younger than 14</p>
<p>• Had sex with someone younger than 13 over whom they held authority</p>
<p>• Had sex with someone younger than 13 when they were younger than 16, but the victim was at least three years younger than the perpetrator</p>
<p>• Have committed incest.</p>
<p>Less-severe categorized sex offenders, such as sexual abusers of older teens, can apply under current law to be deregistered from the sex offender registry after 10 or 25 years, depending on the severity of their offenses.</p>
<p>They would have retained that ability under HB 90, unless they’d been convicted of sexual assault. Sexual assault usually denotes rape: forced sex, sex with someone who’s been drugged, sex with someone with a mental illness; sex with someone who is incarcerated, who has been threatened or who is physically helpless.</p>
<p>Sexual abuse, however, typically involves age differentials and minors, but not the elements of force and coercion tied to sexual assault.</p>
<p>&nbsp;</p>
<p>https://cowboystatedaily.com/</p>
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		<title>GOP bill would add all low-risk sex offenders to Arizona’s online registry</title>
		<link>https://ncrsol.org/2023/04/gop-bill-would-add-all-low-risk-sex-offenders-to-arizonas-online-registry/</link>
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		<dc:creator><![CDATA[Dwayne Daughtry]]></dc:creator>
		<pubDate>Tue, 04 Apr 2023 11:45:27 +0000</pubDate>
				<category><![CDATA[national News]]></category>
		<category><![CDATA[Arizona]]></category>
		<category><![CDATA[low risk]]></category>
		<guid isPermaLink="false">https://ncrsol.org/?p=4662</guid>

					<description><![CDATA[All low-risk sex offenders would be required to be listed on the sex offender registry under a Republican proposal that critics say is retroactive and would take away the discretion]]></description>
										<content:encoded><![CDATA[<p>All low-risk sex offenders would be required to be listed on the sex offender registry under a Republican proposal that critics say is retroactive and would take away the discretion of law enforcement to review risk assessments.</p>
<p>Currently, the sex offender registry website must include any offender whose risk assessment has been determined to be a Level Two or Level Three, or any person assessed to be a Level One offender and whose victim was under 12 years old.</p>
<p>The proposed law, <a href="https://apps.azleg.gov/BillStatus/BillOverview/79266?SessionId=127" target="_blank" rel="noopener">Senate Bill 1583</a> would punish Level One offenders who were 18 years or older at the time of the offense and were sentenced for a dangerous crime against children on or after August 9, 2017.</p>
<p>“Pedophiles, particularly those who have committed a crime against a child, know how to circumvent are not going to be forthcoming with this information. Clearly, they have no boundaries, by putting this on the sex offender website, we are giving the public accurate and truthful information,” Kayleigh Kozak, a sexual assault survivor, said at a March 7 Senate Judiciary Committee meeting.</p>
<p>The bill’s sponsor, Sen. Sine Kerr, R-Buckeye, explained that information about sex offenders is already open to the public and can be acquired at the court for a fee.</p>
<p>Victims and their families urged lawmakers to pass the measure.</p>
<p>“The sex offender registry over the last decade has been reverted from its original proper intent and now is dangerously ineffective for a certain kind of dangerous sex offender,” Dan Lundell, a parent of a victim, told the House Judiciary Committee on March 29.</p>
<p>Kerr explained that the risk assessment conducted to distinguish the level of sex offenders is 19 questions long, and offenders are assigned points based on their answers. She claimed that an offender acquires 0 points if they commit a sexual offense against a female, indicating that they are less of a risk to society.</p>
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<p>“I can’t imagine being someone that’s 25 now who committed an offense that is living working, and now has to be on a website and have things mailed out about them in their neighborhood,” attorney Katherine Gipson-McLean, a member of Arizona Attorneys for Criminal Justice, said when the bill was considered by the Senate Judiciary Committee on Feb. 16.</p>
<p>She also brought up situations of things that happen in high school like a “senior simply asks a freshman to have sex with him.” Such offenses would be included in this bill.</p>
<p>“Deplorable things that happen in high school, that shouldn’t mean the offenders’ lives should be ruined for the rest of their lives. They should be taught,” Sen. Mitzi Epstein, D-Tempe, said.</p>
<p>SB1583 was approved by the House Judiciary Committee on March 29 along party lines, with Republicans in support and Democrats opposed. It will proceed next to the full House of Representatives for consideration.</p>
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<p>&nbsp;</p>
<p>This report was first published by the <a href="https://www.azmirror.com/" target="_blank" rel="noopener">Arizona Mirror</a>.</p>
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