Working for fairness in sex offender legislation for teenage first offenders

 

                                                               


                                                                             

                                                                                                                                                                                                                           

         I was 18 years old and did something stupid.

 

                 I was selfish.

 

         I don't blame anyone or anything for my actions.

 

                 I had no idea the anguish my acts would cause others.     

         I broke the law, but I'm not a predator or pedophile.

                    
   
       

                                        

                                                                

 
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                                                          emailcontact@familiesforfairness.org

                                                                                                                                                                                               


 

                          

                                          

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                     •  We are family members of those who have committed a sex offense as  teenagers.

                                 What they did was wrong, and we're heartsick over it.

 

                     •  Though legally "adults" at age 18 and 19 most are not fully mature.  Scientific data

                                 shows the male brain to not be fully mature until about age 25. 

                                

                                 See "Less Guilty by Reason of Adolescence,"  MacArthur Foundation Research

                                 Network on Adolescent Development and Juvenile Justice, Issue Brief 3.

                                  http://www.adjj.org/downloads/6093issue_brief_3.pdf

                  

                     •   Our society strongly encourages youth to be sexually active; despite this they

                                must take personal responsibility for any illegal actions. 

 

                     •  First offenders, age 19 and under at the time of their offense, should not be monitored

                                the same as pedophiles (sexually attracted to children) or predators ( kidnap, murder,

                                use weapons).

 

                    •  We need to focus our resources on those who are truly dangerous, and not teenagers.

                                               

                    •  We work to change laws that

 

                           --   require lifetime supervision and pubic registration for young first offenders,

                                    age 19 and under at the time of their offense, without regard for risk level,

 

                           --   are based on fear or emotion, rather than available scientific research,

 

                           --   violate the principles of the U. S. Constitution.                     

                            

         Privacy Policy

 

                       We do not share your name, address, e-mail address, or other personal information

                            with anyone for any reason.  We respect your right to privacy and work to maintain it.

                                          

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     This is a little long, but please take the time to read it, and

          ponder the questions at the end.  It is a true story.  Thank you.

                                                

                 Is Jared a "violent sex offender" who needs lifetime supervision .  .  .                                                         

 

                 Current law says yes, "one size fits all."   Should he, and others like him, be punished the same

                 as those in the heinous kidnapping/murder/rape cases we read about in the news? 

                 You decide . . .  

                                           

                 Jared was an honor student, varsity athlete, accomplished musician, community volunteer, Eagle Scout,

                 and was active in church all his life.  He had little dating experience as his interests kept him busy.  He 

                 was a good kid.

 

                 At age 18, after high school graduation, for a short time he made some bad decisions and began drink-

                 ing  with friends.  One was an underage girl.  He had sexual contact with her while both were under the

                 influence of alcohol. There was no force, no coercion, no violence.  The incident lasted a few minutes.

 

                 The next morning he felt terrible about what he had done.  He decided to put aside his rebellious ways,

                 choosing to spend time with good friends,  and having several healthy, non-sexual, relationships with 

                 girls his own age. 

 

                 His confession . . .

 

                 The incident came to light four months later.  When confronted by his parents Jared confessed to

                 what he had done.  He then met with his clergy, who rightly advised him that the right thing would be

                 to tell law enforcement.  He  took full responsibility for what he had done, with nothing to

                 hide, and turned him self in that very day.

 

                 Unfortunately, Jared didn't have an attorney with him.  If he had, he would have been afforded a 

                 degree of protection which the law allows. Later an attorney was engaged, but there was nothing he 

                 could do at this point.  A full confession was on the record now, and so Jared was indicted on a

                 rape charge.

 

                 As an aside, since four months had passed and there was now no physical evidence it’s possible

                 (right or wrong) that he wouldn’t have been charged with anything.   It was Jared’s desire to take full

                 responsibility for his actions and his honesty that gave the D.A. his case.

 

                 During pre-trial . . .

 

                  Upon hearing of the incident Jared’s parents immediately got him into counseling as they wanted

                  to know what was going on with their son.  The doctor concluded that he was not a dangerous

                  predator, but was somewhat socially immature, sexually curious, that he had made a mistake which

                  he was not likely to repeat, and that he had compassion for the young woman and her family.  (Report

                  was sent to the D.A. and is on file with Jared's attorney.) 

 

                  Jared’s attorney tried unsuccessfully to meet with the D.A. about reducing the charge.  Over 100 friends,

                  community leaders, former teachers and others wrote to the D.A. asking for leniency, but to no avail. 

 

                  In an effort to make restitution to the young woman Jared wrote letters of apology to the young woman

                  and her family, helped pay for psychological counseling for her, and gave her parents money toward

                  redecorating her bedroom (where the encounter happened).

 

                  Jared and his family were grateful that to avoid having the girl go through a trial the D.A. offered a him

                  a plea of 10 years without parole.  He accepted it like a man, blamed nothing or no one but himself,

                  and determined to make the best of it.  Had the encounter happened just a few weeks later than it did,

                  the age of the girl would have been different and the charge would have been much lower, probably not

                  even requiring any incarceration.

 

                  In prison . . .

 

                  Jared is a trustee and top worker in his full time prison day job.  He has graduated from a vocational

                  training course, and is an "A" student in the university courses he takes by mail.  Jared created an inmate

                  service project  where the men made over 200 quilts for the needy.  He has taught himself to play the

                  guitar, and sings and plays piano for church groups who hold services there.  He tutors inmates trying to 

                  earn their GED.  Jared also participates and excels in all of the allowable sports and holds the weightlifting

                  record for the prison compound.

 

                  Jared has had strong support from family and friends (male and female) and they have visited him

                  nearly every Saturday and Sunday for 8 years.  His church sends men to the prison to conduct weekly

                  church services and his standards remain high.  He's making the best of a difficult situation.

 

              Plea for executive clemency . . .

 

                  After a few years in prison Jared applied for executive clemency since his case was an unusual one. 

 

                  Over 30 state legislators wrote to the parole board requesting that a clemency hearing be granted,

                  and it was.  They who create the state laws recognized this wasn’t the type of guy they were trying to

                  put in prison. (letters on file with Jared's attorney)

 

                  The judge in the case wrote to the governor saying that he would support clemency due to the

                  unusual nature of the case, and the fact that there was no judicial discretion in this mandatory

                  minimum case.  It is highly unusual for a judge to do this.

                  

                  Later, after he re-examined the case,  the D.A. wrote to the governor too saying he would

                  support clemency if granted.  Very unusual for a D.A. to do this.  (both letters are on file with Jared's

                  attorney)

 

                  Unfortunately, clemency was denied.  What governor wants to be remembered for releasing a sex

                  offender?  After leaving office this governor realized he had erred and apologized to the family

                  for not taking care of this case, and did what he could to now help, but it was too late.   

 

                  His future . . .

 

                  In Jared's state when he is released from prison he will not be free, despite the unanimous agreement

                  that he is not a sexual predator.  Because of his charge he is now labeled a "violent sex offender" and

                  is under the control of the parole dept. for the rest of his life.  

 

                 That was not part of his plea agreement.  So, in order for the state to legally do this,  before

                 being released from prison Jared will be forced to sign a document agreeing to an amended sentence

                 of Community Supervision for Life.  If he doesn't sign it he will be arrested by the local sheriff and

                 charged with a new offense. 

 

                 What does community supervision for life mean in his state? 

                                                                                                

 

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             Most New "Lifetime Supervision" laws are being applied retroactively which means even

                  though one has finished his time in prison he will not be free, but is "under the control of the

                  Department of Probation and Paroles," forever,  even though that was not in his original sentence. 

 

                  This means a he must continually get the approval of his parole officer for just about anything.

 

                     •   Can't leave one's county of residence.

       

                     •   Family functions -  can't attend if any minors are present, not even for holidays.

                   

                     •   Worship - one worship service only; no classes activities, etc.  Can't go at all if it's

                            near a school, day care, etc.

 

                    •   Free time -  can't go to movie theater, library, a gym, sporting events, beach, lake, river,

                              mall, tennis courts, parks, state parks, National parks, bowling alley, hiking, camping,

                              most cultural events, amusement parks, etc. Can’t go to homes of friends or family, or

                              cemeteries,  if  within 1000 ft. of school, day care, etc.

   

                    •   Dating - some parole officers require that all potential dates first attend the offender's

                              group therapy.

 

                    •   Fees – Must pay $250 - $350 per month for parole supervision, registry, GPS, counseling

                               and polygraph tests.

               

                    •   College - Few accept registered sex offenders.

 

                    •   Internet access not allowed, limiting college and employment opportunities.

 

                    •   Sports – Since parks are off limits can’t participate in sports; gyms with child care.

        

                    •  His own children - when he marries he can't take his kids to school, a park, fair, amusement

                              park, beach, camping, hiking, public pool, mall, library or watch them participate in school

                              programs, sports,  Scouts etc. 

                              He can take them to restaurants, markets, and Walmart-type stores.

 

                    •   Must register quarterly, generally requiring a few hours off from work.

 

              •   Residence must be 1000 feet from any school, daycare, park, athletic field, etc.

 

                    •   Employment must be 1000 feet from any school, daycare, park, etc.; no internet access

                             or travel out of the county allowed.

 

                    •  GPS and curfew - GPS requires nightly charging with 9 pm to 6 am curfew.

                             

                    •   All of this may be important to protect society from pedophiles or predators, but surely

                not young first offenders who are not a danger to others, that have already given years

                        their lives to pay their debt to society.

 

 

  Question:    Is Jared a "violent sex offender" who needs to be monitored for the rest

                           of his life?     

                 

  Question:   Should young first offenders (age 19 or under at the time of their

                            offense) be monitored the same as those whose crimes involved 

                            kidnapping, violence, force, murder, attempted murder?

                         

 

 

 

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                         •  About 1% of sex crimes involve murder.  Current laws are based on these, widely publicized,

                                very tragic cases.  

 

                        •  Proper terminology is important.  A young first offender (age 19 or under at the time of

                                offense is a "sex offender, " but should not be confused with pedophiles or child

                                predators.

 

                 Young foolish teenager - (we're not justifying behavior, but understanding it.)

    

                                    •  immature - scientific data says the male brain isn't fully mature until about age 25.

                                    •  sexually curious.

                                    •  bombarded with sexual messages in music, tv, movies, music videos, fashion, etc.

                                    •  has likely had exposure to pornography on computer, in print, film, etc.  

                                    •  approaching the prime of their physical and sexual development.

                                    •  highly unlikely to pose future threat to society after release from corrections.

                             see "Less Guilty by Reason of Adolescence," American Psychologist Dec.  2003, 1909-1018               

                             www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=14664689&dopt=Abstract   

 

                 Sex Offender -

                                        •  Any male or female, any age (states vary from age 12 and up), convicted of any sex offense. 

                                           This can include streakers, flashers, sexually active consenting teens if one is under age 18

 

                              Pedophile -

                                        •  primary sexual attraction is to children.

                                        •  spend time forming relationships of trust with children or with adults who will allow

                                             them to have access to children.

                                        •  they usually have many victims.

                                        •  those who molest boys have the highest recidivism rate.

 

                              Sexual predator  -

                                        •  the most dangerous.

                                        •  primary purpose is to find and victimize someone.

                                        •  may use kidnapping, weapons, violence, murder or attempted murder.

 

                         Definitions for pedophile and predator based on information from: The Association for the Treatment

                                    of Sexual Abusers Public Policy- Position Papers http://www.atsa.com; The Center for Sex

                                    Management. http://www.csom.org/; U.S. Dept. of Justice 2003 Report p. 2 

                                    http://www.ojp.usdoj.gov/bjs/pub/pdf/rsorp94.pdfThere can be some cross-over behaviors and

                                    an offender may be in  more than one category, such as a pedophile who kidnaps (predator).

          

 

                     

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                             Inasmuch as the registry has not been determined to be effective we ask that young

                           first offenders (age 19 or under at the time of offense) be excluded from the

                           public registry, especially since information is still be available to law enforcement.

                      

                        •  "As far as I know it does zip.  Find me some studies, something regarding the effectiveness

                            of sex offender registries.  There is no evidence that it helped.  One would think there'd

                            be definitive studies, There are none as far as I know."  State Rep. Sean Faircloth, Chair-

                            man of Commission to Improve Community Safety and Sex Offender Accountability

                            http://ellsworthmaine.com/site/index.php?option=com_content&task=view&id=5863&Itemid=31

 

                           "Because low level offenders pose minimal risk of reoffense, the harms of loss of reputation and 

                           anonymity along with the stigma of being branded a sex offender could outweigh the protective value

                           of public notification."   J. Small. 1999. Who are the people in your neighborhood? New York University

                           Law Review 74:1465-1467.      

 

 

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                    We ask that young first offenders (19 or under at the time of offense) be excluded

                        from GPS, especially since there is no evidence that it would do any good.

 

                 •  "There is simply no evidence to suggest that residency restrictions or GPS monitoring will

                          lead to decreases in recidivism."  (Californians Against Sexual Assault, a victim advocacy,

                          assault prevention organization,  from ballot statement created for Prop. 83, Nov. 2006)

                           Calcasapositionpapers.org

 

                     •   "It's another example of feel-good legislation to get communities to feel that

                         actual action is being taken to stem the problem.  GPS monitoring and residency require-

                         ments are not going to do anything with the vast majority of offenders.   They're just not."

                 Pamela Schultz, childhood sexual abuse survivor, author of "Not monsters: Analyzing

                         the Stories of Child Molesters," associate professor at Alfred University.

                          http://www.salon.com/news/feature/2006/12/19/offenders/index.html

 

                     •  Unintended consequences - Residency and GPS requirements will have the unintended conse-

                         quence of making victims less likely to report the crimes. "If something happens inside your family

                         and you report that, it's going to be plastered all over the place   Not only is the offender under

                         public scrutiny, so are the families of the victims."   (Schultz, ibid.)

        

            

                             

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                   The effectiveness of these laws is being challenged.  We ask that young first

                       offenders, (age 19 or under at time of offense) be excluded from  these

                       residency restrictions. 

 

                      •   Iowa County [District] Attorneys Association.

 

                                     Residency restriction "does not provide the protection that was originally intended

                                     and that cost . . . and unintended effects on families of offenders warrant replacing

                                     the restriction with more effective protective measures  . . .80 to 90% of sex crimes

                                     against children are committed by a relative or acquaintance  . . . that is not impeded

                                     by residency restrictions.   Only parents can effectively impede that kind of access."

 

                                     "Statement on Sex Offender Residency Restrictions in Iowa, January 2006,"

                                     http://sentencing.typepad.com/sentencing_law_and_policy/files/iowa_prosecutors_

                                     statement_on_sex_offenders.pdf

 

                     •  Minnesota Department of Corrections.

 

                                    Reports "There is no evidence in Minnesota that residential proximity to schools or

                                    parks affects re-offense . . . Blanket proximity restrictions on residential locations of level

                                    three offenders do not enhance community safety, the current offender-by-offender

                                    restrictions should be retained.  [case by case basis]

 

                                    "Level Three Sex Offenders Residential Placement Issues.  2003 Report to the Legislature." 

                                    http://www.corr.state.mn.us/publications/legislativereports/pdf/2004

                                    /Lvl%203%20SEX%20OFFENDERS%20report%202003%20(revised%202-04).pdf

 

                      •  California Coalition Against Sexual Assault

           

                                    There is simply no evidence to suggest that residency restriction or GPS monitoring . . .

                                    will lead to decreases in recidivism.  Rather, the evidence suggests mass migration to

                                    rural areas, decreasing their social stability and increasing their risk of recidivism

                                    [plus] a dramatic increase in offenders driven underground.  2006.

                                   calcasapositionpapers.org

 

                  • Colorado Dept. of Public Safety Division of Criminal Justice Sex Offender Management

                                    Board as prepared for the Colorado State Judiciary Committees, Senate and House of

                                    Representatives.

                              

                                    Report states, "Placing restrictions on the location of correctionally supervised sex

                                    offender residences may not deter [them] from re-offending and should not be

                                    considered as a method to control sexual offending recidivism.

 

                        "Report on Safety Issues Raised by Living Arrangements for and Location of Sex

                                    Offenders in the Community,"  March 2004.

                                    http://www.nicic.org/Misc/URLShell.aspx?SRC=Catalog&REFF=http://nicic.org/Library

                                    /019655&ID=019655&TYPE=PDF&URL=http://dcj.state.co.us/odvsom/Sex_Offender

                                    /SO_Pdfs/FullSLAFinal01.pdf

                                          

 

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                    We all want safe communities.  Recidivism rates are often misstated.   Young first

                    offenders (age 19 and under at the time of their offense) should be given

                    "a second chance."  They pose little danger after release from corrections.

 

                    •  The U.S. Dept. of Justice 2003 report (p.2) says recidivism rate is about 3.5% for a new sex

                                offense after 3 years from prison release.

 

                                68% of inmates who served time for a variety of non-sex crimes were re-arrested.

                                          8% of them were for a sex crime.

 

                                47% of inmates who served time for rape, sexual assault, or child molestation were

                                          re-arrested, but only

                                5.3% of them were for a new sex crime, and

                                3.5% were convicted for a new sex crime.   This means 96.5% of sex crimes are

                                          committed by someone who has never been convicted of one!   

                                            (see p. 2  http://www.ojp.usdoj.gov/bjs/pub/pdf/rsorp94.pdf )

 

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                 We encourage judicial discretion, not mandatory minimum for those defendants

                    age 19 and under at the time of offense, especially when they have an otherwise

                    clean record. 

 

                These laws vary from state to state but most include GPS for life and 25 years mandatory minimum

                        for first offense against someone under age 18 .

 

             Sexual Assault Coalition Announces Opposition to Jessica's Law. [emphasis added]

                    Press release Sept. 12, 2006, Sacramento, CA

                    California Coalition Against Sexual Assault

                    916-446-2520 x 325

 

                    The California Coalition Against Sexual Assault (CALCASA) announced today it's opposition to the

                    ballot initiative Proposition 83, also referred to as "Jessica's Law."  The coalition of rape crisis

                    centers and sexual assault prevention programs released a position paper criticizing Prop. 83 as

                    "a short-sighted approach to sex offender management that will place California communities in

                    greater danger."

        

                    Two of the flaws in the initiative, as identified by policy experts, include the 2000-foot residency

                    restriction for sex offenders and lifetime GPS tracking for all sex offenders. Suzanne Brown-

                    McBride, Executive Director of CALCASA, states, "This combination of policies creates a variety

                    of unintended consequences.  One is that there will be a general migration of sex offenders to rural

                    communities who simply cannot monitor them, while on the other hand, the remainder of offenders

                    in urban areas will simply go underground, failing to register."

 

                    Prop. 83 has gone relatively unopposed until recently when victims advocates some law enforcement

                    have begun to step forward warning that this legislation will reduce California's ability to effectively

                    manage sex offenders. Says Brown-McBride: "So far the public has only heard one side of the story.

                    We hope to expand the dialogue around this initiative so that voters can make an informed decision."

 

                    CALCASA is a statewide organization in California working to end sexual violence. Membership

                    includes sixty-six rape crisis centers throughout California.  View website at CALCASA.org .

 

          

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                  •  Confidential Registry - Young first offenders, age 19 and under their offense was committed,

                      could  be exempted from the public registry, with information still available to law enforcement.

 

                 •   Focus our limited resources on pedophiles and predators, not young first offenders, age

                     19 or younger at the time of their offense.  "The more accurately registries list dangerous and

                     predatory offenders, the more likely they are to identify those who genuinely pose a risk to women

                     and children."  Michelle Meloy, "Sex Offenses and the Men Who Commit Them," (Northeastern

                     University Press, 2006), 41.

 

                     "Young offenders don't always present the same risks as adults who commit sex crimes. . . Youthful

                     sex offenders are largely motivated by curiosity and opportunity, not deviant sexual attraction as

                     with adult offenders. . . Young people are works in progress, behaviorally and emotionally.  They

                     are impulsive and prone to bad judgment.  They make mistakes.  Young lives can be reshaped and

                     redeemed."  Dr. Mark Chaffin, co-director National Center on the Sexual Behavior of Youth.

                     (Chicago Tribune.  Jan. 20, 2007)

                    

            •  Supervision on a case-by-case basis as needed.  Lifetime supervision of teenage offenders

                      should be based on one's likelihood of re-offending, not solely their charge.  For a variety of

                      reasons one's charge may be "too high," reflecting an inaccurate view of his risk of re-offending. 

 

                      Conversely, "Many offenders are able to avoid registration through plea negotiations . . . A

                     "successful" plea agreement does not negate an offender's potential risk.  Many of the non-

                     mandated registrants may be equally dangerous, if not more dangerous, than registered offenders."

                     Meloy, ibid.

 

                  •  Our favorite idea - Prevention/Education, aimed at young males -True prevention will

                     start when we educate them about the dangerous social and legal ramifications from exposure

                     to pornography, violence, and other societal factors encouraging undesirable and illegal behaviors.

                     Kids need to know the laws in their state about sexual conduct, age of consent,etc. .

 

                     Nancy Sabin, executive director of the Jacob Wetterling Foundation (named for a boy who

                     was abducted and never found) said,  "My concern is that there's no funding for prevention or

                     early intervention, no investment at the front end, to find out why our boys are growing up

                     to be sex offenders." (Eric Janus, "Failure to Protect," (Cornell University Press, 2006), 158.

 

              The Second Chance Act - Let's include young first offenders (age 19 and under at the time

                    of their offense.   NY Times Editorial, Chris Suellentrop. December 24, 2006:

 

                    "The outgoing Republican-controlled Congress came tantalizingly close to passing the Second Chance

                    Act, a bill that focuses not on how to "lock them up" but on how to let them out.  The bill may become

                    law soon, if Democrats continue to welcome the new conservative interest in rehabilitation . . .

 

                    "The most striking aspect of the Second Chance Act may be the cross-section of Republicans,

                    from every wing of the party, who support it. . . Specter, Brownback, Pence, Lungren . . .

 

                     Christian conservative, tough on crime, former VA state senator Mark Earley said, "I spent most of

                     my time in the legislature working on how to put more people in jail and keeping them there longer. 

                     These policies helped increase the American prison population tenfold in the last 30 years.  He wasn't

                     bragging, he was apologizing. 

 

                    "Criminologists of both parties want to see less ideologically charged debate and one that rests more

                     closely on sound research."  

   

           •  Accurate information - Pam Schultz, child sex abuse survivor and author of "Not Monsters: Analyzing

                     the Stories of Child Molesters, "As a society we  need to become less hysterical and more informed

                      about sexual abuse. . . We're so focused on the minority of offenders who seem to fit our skewed

                      perceptions of what sexual abusers should be we fail to recognize that the crime actually occurs

                      closer to home."   

                     http://www.salon.com/news/feature/2006/12/19/offenders/index.html

                       

                  •  Other registries? If public safety is the driving force behind these laws, do we need

                     registries for murder, arson, drug dealers, armed robbery,  etc.?

  

        

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                   U. S. Supreme Court Decisions

 

                      •   Residency requirements:  Does I, II, III v. Miller et al, number 3:03-cv-90067

                                         

                           The Court declined to review the Iowa Appellate case that restricts where sex offenders with

                           victims under age 18 can live, without providing a reason for refusing the case.  It may have been

                           that the case/subject is too new and that they are waiting for more lower case decisions to

                           be made and appealed or for more evidence that true harm has come to some because of

                           the law.  The Court left the door open other for other aspects of the registry to be challenged.  

                           Many feel the topic will be before the court again.   

                            http://www.aclu.org/news/NewsPrint.cfm?ID=19211&c=15

          

                      •   Registry:  Smith v. Doe, 2003(Alaska),  Connecticut et all v. Doe, 2003

 

                  The Court found that the registry law does not violate the U. S. Constitution because it is not

                           intended to be punitive, but is a civil plan for public safety and does not therefore violate the

                           ex post facto clause.  Being on the registry did not seem to cause any significant punishment

                           to any one.  [Note: since that time four murders of registered sex offenders have occurred

                           which have all been traced to the killers' having access  to information thereon.  Thus, further

                           challenges are now expected.   www.supremecourtus.gov/opinions/02pdf/01-729.pdf

                

                      •    Connecticut's class action lawsuit decision says the state's registry is illegal "because it

                           labels registrants as dangerous without giving them an opportunity to show they are not

                           dangerous and ought not to have to register. The court did not agree.  Left open the poss-

                           ibility of an equal protection challenge.

                          www.supremecourtus.gov/opinions/02pdf/01-1231.pdf

 

               •   Mandatory Minimum Sentencing: United States v. Booker, 04-104,2004

 

                           Court declared that the way judges have been sentencing defendants is unconstitutional. 

                           Mandatory minimum sentences should be considered advisory only.  Effect on state laws is still

                           unclear.   http://www.wislawjournal.com/archive/2005/0209/booker020905.html

 

           

                      •   Sentence Enhancement:  Blakely v. Washington, No. 02-1632

 

                          The case, following the line of Apprendi v. New Jersey and its progeny, held that no sentence in a criminal

                          case can be enhanced beyond the statutory maximum for an offense unless the fact is found by a jury or

                          the defendant waives the jury (or pleads guilty to it).

                           www.supremecourtus.gov/opinions/03pdf/02-1632.pdf

                         

                           

            Federal Laws:

 

                            The Adam Walsh Child Protection and Safety Act was signed into law July 27, 2006.  Rules have

                            yet to be determined and impact on individual states is unclear.

 

                            For complete text: http://thomas.loc.gov/cgi-bin/query/D?c109:1:./temp~c109BoIage::

                            For summary:                            

                            http://crapo.senate.gov/media/newsreleases/attachments/adam_walsh_act_summary_071806.pdf

             

              Current TN sex offender law:    

                                  

                 For Tennessee Code sections containing most sex offender laws:

   

                          Go to  LexisNexis  http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0

                         Type in the upper left box  40-39-201, (The Tennessee Sexual Offender and Violent Sexual

                                Offender Registration, Verification, and Tracking Act of 2004).  Click Go.  

 

                          Additionally, type 39-13-501 in the box.  In the left hand column click Title 39

                                Criminal Offenses, then Offenses against a person, then Sexual Offenses.  Many choices

                                will appear.

                     

                         The state told us that it will be some time before all laws and directives will be in one place.  

                         There are many exceptions depending on the type and date of offense.  Contact:

 

                                 Tennessee Bureau of Investigation - phone 1-615-744-4000

                                 http://www.tbi.state.tn.us/ .

                 

                                 Tennessee Dept of Probation and Paroles - phone 1-615-741-4543 (or your local office)

                                 http://www2.tennessee.gov/bopp/home.htm

 

 

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                  (Links not necessarily endorsed by Families for Fairness, but may be helpful)

                 

                Lawmakers (US and TN):

                              http://www.house.gov –  find your congress representative

                              http://www.senate.gov – find your U. S. senator

                              http://www.legislature.state.tn.us/ - find your Tennessee state senator or state rep

 

                  National Links:

           

               

                    •  ATSA (Association for the Treatment of Sexual Abusers)  http://www.atsa.com/

                            Professional organization of therapists and researchers.   Position papers on young

                            offenders are of special interest.  Research based.

            

                       •   My5th -  gets it's name from the 5th Amendment of the Constitution.  An attorney

                            plainly tells the importance of teens knowing the laws about sex in their state.  Video

                            link on home page is important.

                            http://www.my5th.org/index.php

 

                       •  Pendulum Foundation - concerned with children convicted and sentenced as adults. 

                            Educate and influence the public and legislators; take programs into prisons that help

                            incarcerated youth survive and thrive.   http://www.pendulumfoundation.com

 

                       •  Restorative Justice http://www.restorativejustice.org/

                            Victim-offender-community mediation.

 

               •  SOhopeful - http://www.sohopeful.org/    

                            Has chat room, forums; families, citizens and professionals working together to change

                            the way Megan's Law and similar legislation mandate the registration of non-violent, low

                            risk sex offenders.

                              

                 Tennessee Links:

 

                      •  Reconciliation – (no web site) 

                            Nashville, ministers to families of prisoners; guest house, newsletter, very helpful

                            handbook on TN prison system,  weekly support group  702 51st Avenue North, Nashville,

                            TN 37209,  Phone:  615-292-6371 

 

                            Knoxville group meets Tuesdays 5:30-7:00pm at University Ave. Career Center, 1610

                            University Ave.  Call 865-692-8561

                      

                     •  You Have the Power . . . Know How to Use It, http://www.yhtp.org/

                            Goal is to raise awareness about crime and justice issues, prevent violent crime, reduce

                            victimization.  Founded by TN First Lady Andrea Conte.

                            

                    •  Tennessee Bureau of Investigation - phone 1-615-744-4000

                            http://www.tbi.state.tn.us/ .

                 

                    •  Tennessee Dept of Probation and Paroles - phone 1-615-741-4543.

                            http://www2.tennessee.gov/bopp/home.htm

 

              NewsMedia topics of interest 

                         http://www.geocities.com/voicism/index.html

           

              

              

                                                                     Thank you for taking the time to visit our web site.

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                                                           email:  contact@familiesforfairness.org

                                                                             P.O. Box 6625, Knoxville, TN 37914 - Phone: 865-776-4642


                                                                                                                                                                          

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