Working for fairness in sex offender legislation for teenage first offenders
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I was 18 years old and did something stupid. |
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I was selfish. |
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I don't blame anyone or anything for my actions. |
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I had no idea the anguish my acts would cause others. |
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I broke the law, but I'm not a predator or pedophile. |
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Thank you for visiting
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P.O. Box 6625, Knoxville, TN 37914; phone 865-776-4642
email: contact@familiesforfairness.org
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.
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 its possible
(right or wrong) that he wouldnt have been charged with anything. It was Jareds 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 Jareds 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.)
Jareds 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 wasnt 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?
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. Cant 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 cant 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.
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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&
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.pdf. There can be some cross-over behaviors and
an offender may be in more than one category, such as a pedophile who kidnaps (predator).
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.
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)
"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.)
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.
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
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 )
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 .
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.?
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
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
Tennessee Dept of Probation and Paroles - phone 1-615-741-4543 (or your local office)
http://www2.tennessee.gov/bopp/home.htm
(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
http://www.legislature.state.tn.us/
- find your
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
handbook
on TN prison system, weekly support group
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
Tennessee Dept of Probation and Paroles - phone 1-615-741-4543.
http://www2.tennessee.gov/bopp/home.htm
News: Media topics of interest
http://www.geocities.com/voicism/index.html
Thank you for taking the time to visit our web site.
email: contact@familiesforfairness.org
P.O. Box 6625, Knoxville, TN 37914 -