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Wednesday, February 9, 2011

Forcing SO's into Homelessness

Weighing wisdom of law forcing sex offenders into homelessness

By
In 1995, Jaymar Brown, then a member of the Conway Gangstas street gang, participated in a gang rape and murder. He didn't pull the trigger, but he was an accessory.
Now Brown, having served a 14-year prison sentence, is out on parole. He claims he is Christian, eager to rejoin society and to live a productive life.
"I feel like what's done is done," said Brown, 32. "I did my time. It made me a better man."
It also made Brown a registered sex offender.
Brown contends ill-conceived provisions of Jessica's Law, as well as obstacles imposed by local parole authorities, are thwarting his effort to rebuild his life.
His situation - besides its particulars - raises the question of whether voters overreacted and created new problems by passing Jessica's Law.
California's Prop. 83, passed in 2006, prohibits sex offenders from living within 2,000 yards of schools or parks, among its other provisions.
Voters are right to fear sex offenders. But 2,000 feet is more than one-third of a mile. Almost every city dweller lives within one-third of a mile of a school or park.
Brown, jobless and unable to pay rent, says numerous relatives offered him a place to stay. His parole officer had to refuse. The homes are near parks or schools.
So Brown lives in his car.
Fitted with a GPS ankle monitor that tracks his whereabouts, he parks his 1988 Volvo on a side street near the fairgrounds. There he must remain, from 8 p.m. to 6 a.m.
Brown has lived on the street since November.
"I just wrap up in my blanket and try to make it through the night," he said.
Saying he wants to find a job, Brown further complains that restrictions imposed locally by his parole agent complicate his search.
He used to get occasional day labor from a local labor hall. Workers, however, must report by 5 a.m. Brown is not free to leave his spot until 6 a.m.
He got a night shift job as a manager with Multiple Records, a local hip-hop label and concert promotions outfit. His parole officer forced him to quit.
In part, Brown chose his lot. He attends San Joaquin Delta College by day, working toward a degree in business. He could drop out and seek a day job. He chooses college.
But not homelessness.
"I worry from time to time," Brown said of the unsafe street. "But I just try to put my faith in God that He'll keep me safe, despite the odds."
Any parole agent will tell you reintegrating parolees into society works better if they live with relatives. And psychiatrists say they cannot successfully treat sex offenders who lack a stable environment.
According to the state Attorney General's Office, as reported recently in the press, before Jessica's Law passed there were only 88 homeless registered sex offenders; by August, there were approximately 5,064.
"I can tell you, yes, there's a problem with this particular issue," said Cassandra Hockenson, a spokeswoman for the California Department of Corrections and Rehabilitation. "But we can't do anything about this."
The courts can.
A challenge to Jessica's Law went to the state Supreme Court. The court directed local courts to decide the constitutionality of the residence restrictions. Cases are working their way through local courts now.
Brown has twice violated parole. He says his violations were technical, not serious breaches, such as committing a crime or testing dirty for drugs.
He feels thwarted.
"I know the world is not a fair place," Brown said. "But I feel like nobody understands or cares I was trying to do right but that they were trying to put obstacles in my path to make me give up."
A supervisor in the local parole office said Brown is just chafing at necessary parole conditions.
"Mr. Jaymar Brown just doesn't like to have any other outside control over his life," said Susan Kane, supervisor of the Delta GPS Sex Offender Unit and boss of Brown's parole agent.
"As I explained to him," Kane said, "we're very supportive of his reintegration to the community. But he has to do it within parameters in order to ensure the public is protected."
Brown's criminal history suggests he's likelier to commit crime at night, Kane said. Hence the curfew.
What about the 6 a.m. roadblock to the 5 a.m. labor hall? Kane said her office periodically re-evaluates cases.
"We will take another look at his case ... and if he's doing well, we will definitely ... re-evaluate his conditions."
In my opinion, any obstacles to parolees working a legitimate job ought to be removed sooner rather than later. Thwart them at every turn, and they're going to give up and return to crime.
As for Jessica's Law, is it in society's interests to create a growing army of homeless registered sex offenders living on the edge? Clear thinking, not just fear and loathing, should go into the answer.
Contact columnist Michael Fitzgerald at (209) 546-8270 or michaelf@recordnet.com. Visit his blog at recordnet.com/fitzgeraldblog.

Get Involved

I have been fighting The Sex Crime Witch Hunt for over 20 years now. We are not alone. Here's a list of others on the net who fight with us. Get involved. Visit the links belong and join the fight. You can e-mail me, James D. Anderson, at maxmydog2011@gmail.com .

Tuesday, February 8, 2011

America's Unjust Sex Laws

According to this recent article, there are presently 674,000 registered sex offenders in the United States.  There are 250,000,000 adults (people at least 18) in the U.S.  Approximately one-half that number or about 125,000,000 are males.  Given that the vast majority of sex offenders are male, we can calculate that there is about 1 registered sex offender for every 185 males.  When is this madness going to stop?
It is also estimated that two-thirds of those registered offenders are of little or no threat.
Why is this great injustice taking place?:  fanaticism + political cowardice = injustice
Some of the key findings of recent research conducted are:
  • Juvenile sex offenders. An estimated 19,000 people are on US sex offender registries for behavior when they were children or adolescents — some younger than eleven years old — many of them for innocently “playing doctor” or for normal, consensual, teenage love affairs. See Criminalizing Child’s Play.  
  • Innocuous “offenses.” Sex offenders include people whose only crime was breastfeeding their baby or urinating behind a dumpster. See Look Who’s a Sex Offender Now!  
  • Growing underclass. As of 2007, one out of every 220 adult men in the United States was a registered sex offender. See Counting and Over-Counting Sex Offenders.  
  • Sex worse than violence. The federal sentence for photographing a 17-year-old boy with an erection is about twice as severe as for attempting to kill him — and about four times as severe as for beating him up so badly that he accidentally dies. See Throwing Away the Key.

 

America's unjust sex laws

Aug 6th 2009
From The Economist print edition

An ever harsher approach is doing more harm than good, but it is being copied around the world


 
IT IS an oft-told story, but it does not get any less horrific on repetition. Fifteen years ago, a paedophile enticed seven-year-old Megan Kanka into his home in New Jersey by offering to show her a puppy. He then raped her, killed her and dumped her body in a nearby park. The murderer, who had recently moved into the house across the street from his victim, had twice before been convicted of sexually assaulting a child. Yet Megan’s parents had no idea of this. Had they known he was a sex offender, they would have told their daughter to stay away from him.
In their grief, the parents started a petition, demanding that families should be told if a sexual predator moves nearby. Hundreds of thousands signed it. In no time at all, lawmakers in New Jersey granted their wish. And before long, “Megan’s laws” had spread to every American state.
America’s sex-offender laws are the strictest of any rich democracy. Convicted rapists and child-molesters are given long prison sentences. When released, they are put on sex-offender registries. In most states this means that their names, photographs and addresses are published online, so that fearful parents can check whether a child-molester lives nearby. Under the Adam Walsh Act of 2006, another law named after a murdered child, all states will soon be obliged to make their sex-offender registries public. Such rules are extremely popular. Most parents will support any law that promises to keep their children safe. Other countries are following America’s example, either importing Megan’s laws or increasing penalties: after two little girls were murdered by a school caretaker, Britain has imposed multiple conditions on who can visit schools.
Which makes it all the more important to ask whether America’s approach is the right one. In fact its sex-offender laws have grown self-defeatingly harsh (see article). They have been driven by a ratchet effect. Individual American politicians have great latitude to propose new laws. Stricter curbs on paedophiles win votes. And to sound severe, such curbs must be stronger than the laws in place, which in turn were proposed by politicians who wished to appear tough themselves. Few politicians dare to vote against such laws, because if they do, the attack ads practically write themselves.

A whole Wyoming of offenders

In all, 674,000 Americans are on sex-offender registries—more than the population of Vermont, North Dakota or Wyoming. The number keeps growing partly because in several states registration is for life and partly because registries are not confined to the sort of murderer who ensnared Megan Kanka. According to Human Rights Watch, at least five states require registration for people who visit prostitutes, 29 require it for consensual sex between young teenagers and 32 require it for indecent exposure. Some prosecutors are now stretching the definition of “distributing child pornography” to include teens who text half-naked photos of themselves to their friends.
How dangerous are the people on the registries? A state review of one sample in Georgia found that two-thirds of them posed little risk. For example, Janet Allison was found guilty of being “party to the crime of child molestation” because she let her 15-year-old daughter have sex with a boyfriend. The young couple later married. But Ms Allison will spend the rest of her life publicly branded as a sex offender.
Several other countries have sex-offender registries, but these are typically held by the police and are hard to view. In America it takes only seconds to find out about a sex offender: some states have a “click to print” icon on their websites so that concerned citizens can put up posters with the offender’s mugshot on trees near his home. Small wonder most sex offenders report being harassed. A few have been murdered. Many are fired because someone at work has Googled them.
Registration is often just the start. Sometimes sex offenders are barred from living near places where children congregate. In Georgia no sex offender may live or work within 1,000 feet (300 metres) of a school, church, park, skating rink or swimming pool. In Miami an exclusion zone of 2,500 feet has helped create a camp of homeless offenders under a bridge.

Make the punishment fit the crime

There are three main arguments for reform. First, it is unfair to impose harsh penalties for small offences. Perhaps a third of American teenagers have sex before they are legally allowed to, and a staggering number have shared revealing photographs with each other. This is unwise, but hardly a reason for the law to ruin their lives. Second, America’s sex laws often punish not only the offender, but also his family. If a man who once slept with his 15-year-old girlfriend is barred for ever from taking his own children to a playground, those children suffer.
Third, harsh laws often do little to protect the innocent. The police complain that having so many petty sex offenders on registries makes it hard to keep track of the truly dangerous ones. Cash that might be spent on treating sex offenders—which sometimes works—is spent on huge indiscriminate registries. Public registers drive serious offenders underground, which makes them harder to track and more likely to reoffend. And registers give parents a false sense of security: most sex offenders are never even reported, let alone convicted.
It would not be hard to redesign America’s sex laws. Instead of lumping all sex offenders together on the same list for life, states should assess each person individually and include only real threats. Instead of posting everything on the internet, names could be held by the police, who would share them only with those, such as a school, who need to know. Laws that bar sex offenders from living in so many places should be repealed, because there is no evidence that they protect anyone: a predator can always travel. The money that a repeal saves could help pay for monitoring compulsive molesters more intrusively—through ankle bracelets and the like.
In America it may take years to unpick this. However practical and just the case for reform, it must overcome political cowardice, the tabloid media and parents’ understandable fears. Other countries, though, have no excuse for committing the same error. Sensible sex laws are better than vengeful ones.
A Reply:
Slaute wrote:
August 16, 2009 14:13
Again, to other commenters/readers, no offense to victims and families of violent sexual crimes, but the “statutory laws” of our nation must be changed before an entire generation of boys/teens/young men end up on the sex offender registry for life. You may find this difficult to believe, I did at first, but there are kids as young as 10 on the sex offender registry for “playing doctor” no violence involved. Kids as young as 12 for pinching another kid on the butt just joking around, and a long list of teens and young men for “consensual sexual activity” as a result of girls who lied about their age and sought out sexual activity. And men for public urination on the golf course; how many men would this one put on the list. THIS IS INSANITY!!
Worse yet, state sanctioned Sex Offender "Treatment Programs” even for juveniles as young as 12, are barbaric and abusive! These programs use the following under the name of treatment:
Plethysmographs - a metalized ring is strapped around a “male” juvenile’s genitals (there is no such devise for females) and they are forced to listen to/watch pornography including deviant sexual activity such as violent rape! This barbaric and abusive device and recordings are designed to measure any signs of arousal and the juvenile is then forced to try and masturbate afterwards.
Masturbatory Satiation – juvenile males as young as 12 are forced to masturbate over and over and over while listening to/viewing pornographic images/recordings, including deviant sexual activity such as violent rape.
Arousal Reconditioning – Originally developed in the early to mid-1900s to convert homosexuals to heterosexuals. Attempts to eliminate sexual feelings by pairing them with boredom, pain, or unpleasantness. In effect, assumes that sexuality can be changed through “punishment” such as electric shock therapy.
Parents, warn your sons!! What you may think is normal underage sexual activity historically left to parents to correct and teach is currently grounds for very serious felony sex offender convictions, registration as a sex offender for life as young as 14, and forced sex offender "treatment"!! And DA’s are increasingly prosecuting these cases despite insane judicial outcomes, ruined lives of innocent boys, teens and young men, and ruined families of these innocent boys/teens/men.
The current and potential legislation regarding this entire subject is seriously lacking any real protection of our children from violent predatory sex offenders. In fact more and more underage children, teens and young men are the ones who are being prosecuted and convicted at an alarming rate under the very laws enacted to “protect them.”

 

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Sexting Downgraded in Texas


Crime & Courts

New Texas 'Sexting' Bill Includes Penalty for Teens' Parents

Published February 08, 2011
| FoxNews.com
Under a new bill filed in the Texas legislature, teens younger than age 18 could face a misdemeanor charge, not a felony, for "sexting" -- the use of cell phones, typically by teens, to transmit sexually explicit messages or images.
Texas Senate Bill 407 would downgrade the sexting offense to a Class C misdemeanor if it is a first-time offense and if all violators are under the age of 18, MyFoxHouston.com reports. Current Texas law says anyone who transmits an explicit image of a teen can face felony charges of possessing or trafficking child pornography.
Texas State Senator Kirk Watson (D-Austin) said in a press conference Monday that Senate Bill 407 is supposed to help educate teens as well as their parents about the dangers of sexting.
“Technology has now changed what it means to be a child and an adolescent, anywhere, but certainly here in Texas,” said Senator Watson. “What this bill does is it gives prosecutors an additional and more effective set of tools for addressing this problem.”
The bill also require first-time violators and their parents to undergo an educational program about the long-term harm of sexting.
Senator Watson presented the new bill on Monday along with Texas Attorney General Greg Abbott, who has written extensively about the dangers of teen sexting and how prevalent it has become in today’s society.
“Maybe around 20 percent of all teen girls take an image of themselves on something like a cell phone that is sexual in orientation and then transmit that to someone else,” said Abbott.  “This is done by people at such a young age that they really don’t understand the consequences.”

Monday, February 7, 2011

SO Information from CDCR

Sex Offender Information

GPS Monitor being recharged.
California leads the nation in tracking sex offenders with Global Positioning Technology. California has more than 6,600 sex offenders equipped with GPS (all active sex offender parolee in the community) California's total GPS units more than triples the nation's second leading state, Florida which has a total of 1,800 units.

Overview

Click to view Latest Jessica's Law Statistics
Of the almost 92,000 sex offenders statewide, CDCR is only responsible for a little more than 11% (10,781).
Since the passage of Jessica’s Law in 2006, the California Department of Corrections and Rehabilitation (CDCR) has been working to aggressively enforce new residency restrictions, and to utilize new technology - such as Global Positioning System (GPS) - to monitor sex offenders more closely and efficiently. California’s parole division has made it a priority to work with local law enforcement to implement Jessica’s Law, better monitor sex offenders released from prison and ensure public safety. This site is dedicated to providing the latest news and information on sex offenders as well as information on collaborative efforts between CDCR and other agencies dedicated to protecting public safety.
CDCR Strictly enforces Jessica's Law to keep sex offenders who are on parole from living within 2,000 feet of schools and parks.





Jessica's Law vs megan's law

With the highest population of sex offenders in the nation, California has enacted historic new laws pertaining to sex offenders. However, there still remains much confusion on the intent and purposes of these new laws. The recent passage of Jessica's Law has often been confused with a separate law known as Megan's Law. Here are some quick facts which may help in distinguishing these two landmark measures:
Jessica’s Law deals with proximity and tracking – Proposition 83, also known as Jessica’s Law, was passed by California voters on Nov. 7, 2006. It enhances tclick for Jessica's Law Statisticshe state’s ability to detect, track and apprehend sexual offenders. Jessica’s Law prohibits sex offenders that are released from prison to live within 2,000 feet of parks and schools, as well as other restrictions. Click here to learn more about Jessica’s Law
Megan’s Law addresses registration requirements – Expanded access was given final passage by the Legislature on August 24, 2004 was signed by the Governor on Sept. 24, 2004. The law allowed the public to access information on sex offenders required to register with local law enforcement. Click here to get more information on Megan’s Law and to access the state database

Sunday, February 6, 2011

David- Another Innocent RSO

While surfing the net this morning I found the following open letter from an innocent RSO in Utah. I could really relate to what this man has been thru.
DAVID AN INNOCENT MAN
Dear Sir or Ma'am,
                By way of introduction, my name is David. That was the name given me at birth, and yet I have acquired other names since that day - names which cause one to cringe at the very utterance of such titles. These names were set upon me by "Lady Justice" who was blind to the innocence of one human soul. And while the real criminals of the purported crime still roam free, I paid the price for their deception: now I am called convicted felon, ex-con, a dreg of society, a convicted sex offender, a registered sex offender, and the derogatory adjectives mount on a daily basis. In truth I was an innocent man/ I am now, yet that title is seldom used.
                It might be hard to fathom the reality of going to prison in Utah an innocent man. On a bad day, one of the guards so eloquently screamed at me, "There are no innocent men in this prison!" Truth dictates, however, that innocent men and women go to prison or jail every year in this country, and the numbers rise every year. Many are put away for many years, or life...some are found innocent even after execution, long after it's too late.
                In my case, I was innocent of the sexual abuse of a child. It was a game of scheming divorce control by a family of confessed pedophiles...who needed a scapegoat to hide their crimes. I had evidence to support my claims, but those duly appointed to win a guilty verdict, were not concerned with the truth of the matter. Sought after was the prized-conviction, and more than one innocent life was made to suffer. A drop of truthful evidence was considered, and in the end I grew tired of the fight for freedom, and plead no-contest, while never admitting guilt. I allowed myself to be led away an innocent man, because I had not the money or the power to stop the politically powerful in their zealous quest for a conviction against an innocent man, all to appease society.
                The judge who presided over the case struggled with a conscience, where an innocent man was concerned. At sentencing, he seemed unsure of what truth was and what fiction was. "I don't know what's right in this case," he mused before the gavel fell and a guard hauled me away in chains. He spoke of truth that day when he further stated for the record, "We know that there are cases where people are punished for crimes they didn't do." He knew this, but sent me away nonetheless. From the high bench he defined the entire case with these words, "...a case where a person staunchly denies culpability and at every turn in the system pleads his innocence." I did plead my innocence, but not only can justice be blind, but deafness is a common malady in the court system. In the end, the judge sided with a society, who is so zealously fearful and hateful toward anyone so much as accused of a crime against a child...that he sent me to prison because, "Society would have a right to be rather unforgiving of me. And so I'm just doing the best that I can." His best wasn't good enough, for he failed to listen...and an innocent man was sent to the Utah State Prison for five years.
                The horror that followed the conviction would make most grown adults vomit. My claim of innocence brought further abuse by therapists, counselors, guards, and from a host of judging humans who knew not where to look for the truth. Even with the expiration of my sentence in 2001, the abuse that I was forced to suffer did not end. Reality is this: there is no true expiration of sentence, because the cruelty that was heaped upon my shoulders in prison followed me home...and each year I am made more of a prisoner in the free world; I was seemingly less a hostage behind bars and concertina killing wire. The maltreatment reached far beyond prison walls to a soul who thought he'd done his time, and who suffered the ravages of the innocent.
                Since my release, I have been awash in a sea of unforgiving and punitive citizens. Their hatred against those labeled as "convicted sex offenders" all innocence aside, is a burden in the mildest sense; a death sentence in the harshest logic. And each year, more and more politicians, legislators, and those with a thirst for perpetual hatred, cast a far reaching net, and sweep men and women...and the innocent into pools of retribution and ill-treatment.
                The State of Utah sent an innocent man to prison, and there my blood was shed in defense of my innocence. And because we are so hell-bent as a society on the expanded punishment and abuse against those who are accused of hurting a child, or even those simply thought to have committed such an offense, society stands over convicted or registered sex offenders with whip and leash in hand, demanding that politicians pass law after law, to further restrict, track and punish them. Forgotten are the innocent men and women who were caught in the net of conviction, due to no fault of their own, because our current system of justice is not perfect...and is designed after the motto: "You are guilty now prove your innocence."
                Now my sentence complete, I am required to register with the State of Utah for ten years following the expiration of my sentence. New legislation might have enhanced the registration to "natural life." Those who were actually guilty of the crimes will spend a lifetime of freedom...while an innocent man will spend a lifetime reporting for a crime he did not commit. If I move I must report. If I register for college, or affiliate myself with any organization, I must report. If I get a new car, I must report. If I go on vacation in another state for more than fourteen consecutive days I must report. My photo is plastered all over the world on the Internet for all to see. With 2006 legislation just imposed, I must now surrender my drivers license every year, prove to the state that I have an accurate address, pay a renewal fee, and mark a special box on the registration form...calling out the fact that I am a registered sex offender, all innocence aside. Each year I must pay a fee to register. This list of punishments is far short of the "master" list, of which I must bear. I am more a captive in the free world, than I was in prison at Point of the Mountain.
                Each year, all across this great country of ours, we punish fellow citizens. I suppose many deserve what they get, as they commit crimes against humanity and must be punished; and is this not what this generation is about? However, the innocent and those who have paid their price should not be continually trodden down by the states in which they live. Those who have done their time should be left alone, to prove themselves, rather than being battered and persecuted  for the rest of their lives. Such Christian values as mercy and forgiveness have long since drowned. It is cruel and unusual punishment to single out those accused of sex crimes and punish them for the rest of their natural lives. And in my case I was innocent, and the guilty in my case roam the streets...yet I am punished...why?
                In 2006 I received several letters outlining the new ways in which society, politicians, and legislators are going to stalk and torment me in 2006 and beyond. I nearly took my own life. Sometimes the burdens that politicians place upon the backs of humans are very grievous. I was, and am tired of being haunted, harassed, hated, punished, persecuted, abused and victimized; because I was an innocent man who surrendered himself to prison, when he could no longer fight for freedom.
                A call goes out to all those who have ears to hear. Repeal bills and laws that penalize the innocent and those who've done their time, and live law-abiding lives. Stop the unconstitutional cruel and unusual punishment. How will the truly guilty ever become better than they were, under such oppression? Heed the words of the written legislation, 344 (c) "harassment...or threats against sex offenders or their families are prohibited." Practice what you preach.
                Give this innocent man a fighting chance at life, free from the oppression of further abuse. Give this innocent man a chance to share what he learned about sex offenders, while forced to live among them as punishment, because I would not confess. Remember that anyone can be falsely convicted!

Respectfully Yours,
David...An Innocent Man
PO Box 12976
Ogden, Utah 84412-2976

Found a Temporary Home

My biggest worry has been that I am going to be forced into homelessness due to Jessica's Law. I was released on parole in October 2010. I had family members in Santa Clara Co. that had invited me to live with them and I had enough of my own money to rent my own apartment. I was told I can not live with my family because they live 2,000 feet from a school. I could not find an apartment because 70%+ of this county is off limits to me. I ended up in the only place  I could find - a cheap hotel. Santa Clara Co. is the most expensive place to live in the entire USA and A "Cheap Hotel" is 300 dollars a week. My savings has dwindled to nothing. Facing homelessness I became depressed. Combined with my Post Truamatic Stress from 17+ years in prison and alcoholism I decided I needed help. No Drug and Alcohol Treatment  Center in Santa Clara Co. will admit RSO's due to Jessica's Law, until I found Communty Solutions http://www.communitysolutions.org/ thru Evans Lane Wellness and Recovery Center in San Jose. I am now enrolled in their program and they are going to help me with my weekly rent. I now have time to find a job and a proper place to live. If I would of been forced to live in my van my only daily concern would of been finding a place to charge up my GPS Tracking Shackle for 3 hours a day. Thanks to Community Solutions I may have a chance at a semi-normal life. Only 45 months to go living the nightmare of a RSO on parole in California. Will be in this hotel room for awhile now.

GPS Fails To Protect Public

GPS units fail to protect public from sex offenders

June 18th, 2010, 3:00 am · 65 Comments · posted by BRIAN JOSEPH, Sacramento Correspondent

This wasn’t supposed to happen anymore.
After voters approved Jessica’s Law, California children were supposed to be safe from sex offenders like James Edward Norkin.You remember Jessica’s Law, don’t you? Named for a 9-year-old Florida girl who was kidnapped, raped and murdered by a convicted sex offender who had failed to report where he lived, Jessica’s Law was a tough-on-crime initiative on the November 2006 ballot. Dubbed Proposition 83 by the Secretary of State, Jessica’s Law promised, in the words of its sponsors, to “protect our children by keeping child molesters in prison longer; keeping them away from schools and parks; and monitoring their movements” with GPS, or global position satellite, tracking after they’re released. Officials would be able to track every step a convicted sex offender took.
California voters overwhelmingly supported Jessica’s Law, which garnered 5.9 million votes, or 70.5 percent support.
“The passage of Jessica’s Law was a historic victory for the state of California,” Gov. Arnold Schwarzenegger‘s office said in a statement, which repeatedly noted the benefits of tracking sex offenders with GPS. “Jessica’s Law provides crucial enhancement to current laws and policies in the detection, tracking and apprehension of sexual offenders.”
But there we were again Tuesday when the Register’s Salvador Hernandez reported that the 49-year-old Norkin, a convicted sex offender recently released from prison, had been charged with molesting a 14-year-old girl in Orange County – while he was wearing a GPS unit.
Apparently the tracking device was not a deterrent. And to make matters worse, GPS played only an indirect role in connecting Norkin to the alleged crime. He was brought in after his GPS data showed that Norkin had walked across a park, and afterward, a sharp-eyed official recognized his picture from surveillance video of the alleged molestation.
There are more tragic tales. Consider two recent cases out of San Diego: Last month, John Gardner, a San Diego man who was convicted of sexual assaulting a 13-year-old girl in 2000 and served five years in prison for the crime, was sentenced to life in prison for the rape and murder of two teenage girls. An extensive review of his correction files by the California Office of the Inspector General revealed that while Gardner was on parole, prior to the murders, he repeatedly broke the law while being tracked by GPS, but no one in state government bothered to look at the data. Using the state’s own tracking data, investigators found that Gardner committed at least one felony and violated the terms of his parole on numerous occasions. At one point while he was being tracked, Gardner visited a state prison, which is against the law for a felon for like him. At other times, Gardner violated his parole by being out past curfew, being within 100 yards of places where children congregate and residing near a school.
Any of those offenses could have sent him back to prison before he ever could have killed those girls. But nobody looked at the data.
In another case, Northern California sex offender Leonard Scroggins took off his GPS anklet and headed to San Diego, where he allegedly tried to kidnap several women and teenagers at knife point.  Guadalupe Perez, an eighth-grader, said Scroggins kept telling her, ”Get in the car or I will cut you.’” She screamed and reached for the knife, cutting her finger, then elbowed the man and ran. “If I didn’t do that, I wouldn’t be here today,” she told a reporter. “I didn’t want to be one of those cases where you find my remains three years from now.”
This can’t be what voters had in mind when they approved Jessica’s Law.
The drumbeat in the months prior to the passage of Jessica’s Law was simple: GPS monitoring will protect children from sex offenders. The governor’s office credits the Antelope Valley Press as quoting LA County Sheriff Leroy Baca as saying, “The goal (of GPS tracking) is to prevent any form of sexual abuse at all from those who have already been identified, arrested for a prior offense, convicted, served their time and are back on the streets.”
But these recent cases show that the perception of GPS doesn’t match reality. Even California Department of Corrections and Rehabilitation spokesman Gordon Hinkle acknowledges a “false notion” surrounding the protective power of GPS tracking.
“It’s impossible to know what someone is doing even if they are on GPS,” Hinkle said when The Watchdog asked him about the Norkin case and about the department’s enforcement of the GPS provisions of Jessica’s Law. “It’s not the end-all to ending crime.”
It would be wrong to assume sex offenders on GPS are “never going to commit another crime in their life,” Hinkle said. Rather, the idea is that GPS tracking can act as a deterrent, or failing that, help authorities solve crimes and alert them when something bad may be happening, as in the notification officials receive when a sex offender cuts off his anklet.
And Hinkle said corrections is adapting. The department recently implemented a new policy that requires parole agents to at least review where sex offenders travel twice a month, over the course of 48 consecutive hours each time. That would reduce the chance of another case like Gardner’s, where nobody looked at his data. But two 48-hour periods over the course of a month still leaves a whole lot of unmonitored time for sex offenders to make mischief.
Hinkle, for his part, termed the Norkin case in Orange County “a sterling example” of how GPS, parole agents and local law enforcement can come together to solve a crime. Norkin, who was released from prison on June 3, was re-arrested on June 9 after GPS tracking software notified his parole agent that he had violated his parole by walking through a park.
Three days earlier,  authorities said a 14-year-old girl on a Orange County Transportation Authority bus was touched by a man sitting next to her. The girl’s friends snapped cell phone pictures of him and the sheriff’s department released surveillance video from the bus, asking the public to identify the man.
When Norkin was brought in for crossing the park, custody staff recognized him as the man from the surveillance video. Later, Hinkle said, authorities checked Norkin’s GPS data and found it matched the travel of the bus at the precise time when the molestation was said to have occurred.
That’s a victory, he said. GPS was used as a “forensic tool.”
Jessica’s Law, however, was never sold as a crime fighting tool. It was sold as protection — expensive protection. A video touting sex offender tracking on the correction department’s website says GPS units cost roughly $1,500 a piece, plus $6 a day to operate. With roughly 7,000 sex offenders on GPS (including a few gang members), that’s $25.8 million a year (including the cost of the unit).
That’s a lot of money, especially when you consider GPS did nothing to protect Norkin’s victim.

Predators and Prey

Predators and Prey 

Are today's tough sex-offender laws and registries doing more harm than good?

There's a house in my neighborhood that's mostly like any other, with its tidy trim, its agave-dotted yard and its slightly askew metal mailbox. Anyone living nearby has driven past it hundreds of times without a second glance.
In this house dwells a man few of us have ever seen, though we already know his face, and we know a bit about his past.
You see, we were told by U.S. mail. The card arrived one morning, with the man's picture and a warning. A sex offender had moved in, we read. This has made for interesting, if tentative, conversations beneath the old mesquites lining our narrow sidewalks.
Should we take precautions against this man who exposed himself to a minor 10 years before? If so, what precautions? Or do we greet our well-announced newcomer as we would any other, with a smile and a nod?
Some months after the stranger moved in, this otherwise unremarkable home has become a testing ground for suppositions long and perhaps too faithfully held. At least by me.
According to the Arizona Department of Public Safety, there are 14,549 registered sex offenders statewide, and 1,574 in Pima County. Most are clustered in poorer parts of town.
Want to know how many sex offenders live in your neighborhood? Simply go online (azsexoffender.org). The faces are right there to see, some defiant, some woebegone, a few quite frightening, others seemingly baffled.
If that doesn't make you feel any better, consider these numbers: According to the federal Center for Sex Offender Management, between 60 and 80 percent of young victims are molested by a friend or relative. More than 75 percent of female rape victims were assaulted by current or ex-husbands, dates or live-in partners. Only about 30 percent of rapes are ever reported, and most perpetrators will never spend a day in jail.
It's believed that sexual crimes against children are also vastly underreported; researchers estimate that less than 10 percent of sex offenders are under law enforcement or court supervision. That leaves 90 percent who have never been caught.
In other words, the guys on the postcards are probably less of a worry than the guys who are not.
But there's another point to be made: True sexual predators count for just a small fraction of those convicted of sex crimes, and hype over sensational cases has prompted a flurry of hard-fisted laws that increasingly snag innocent and trivial offenders in their web.
They can be the college freshman hooking up with some minor at a beer bash, or the guy caught whizzing on a tree, or the husband in a custody battle who gets pegged as a molester by his soon-to-be ex-wife.
Depending upon the circumstances, all of these "perps" can be marked for life. Try getting a job or an apartment or a decent life with "sex offender" on your resume.
All sex crimes are obviously not equal. There truly are monsters out there—predators and child molesters and sociopathic freaks. But those they have attacked aren't their only victims. In a very real way, they've made victims of us all.
Another neighborhood, not far away. He'll talk if I don't use his name. We sit outside under a concrete canopy, and we measure our words. Because he's a man of faith, I'll call him Father Ted. By request, I won't offer a description, except to say that he's a big man, bearing that wily hybrid of street smarts and hard religion common to Gospel Rescue Missions. With which, it happens, Father Ted was affiliated after pulling a year in an Oregon jail for narcotics.
I should also mention that I've tried several times to arrange interviews with registered sex offenders, working through counseling agencies and halfway houses, with no success. Little surprise that none of those men—and nearly all are men—care for more of a spotlight than they already command. I suppose I could visit the faces on the Internet, but in those grim mug shots, they do not look like fellows who wish to be bothered. So I go for the next best thing, which is Father Ted.
He operates a sprawling, melancholy Tucson apartment complex that rents exclusively to ex-cons, including a half-dozen sex offenders at any given time. "That's the most I can have," he says, "before the neighbors start screaming."
To Father Ted, this suggests a bit of hypocrisy. "They complain that I bring an unsafe element into the neighborhood. Now I'll tell you what—for five years, we've tried to get a dope house around the corner busted. When they finally busted the house, everybody else in the neighborhood acted like they didn't know the guy was a dope dealer—when he'd already been busted for dealing in that house a couple of years before."
Even so, every time the folks around here get reminded that Father Ted has sex offenders on the premises, they make his life miserable. So, along with his tenants, Father Ted prefers a low profile.
This does appear to be a tight operation. No dope, no booze, no women. Obviously no kids. And anyone hoping to relocate here is first treated to a fierce tête-à-tête. "They all sit down and have an intense little interview with me," says Father Ted. "I don't take stalkers. I don't take repeat offenders, regardless of what the (DPS) website says. When the guys are coming here from prison, I look over a lot more stuff than just whether they can pay for a bed."
These offenders face an equally rigorous regime from probation officers. "They have to fill out a form every week saying where they're at, when they're going to be there, when they're going to get home," Father Ted says. "Not to exaggerate, but they almost have to tell the cops when they're going to take a shower, because if their surveillance officer shows up here, and they're in the shower, and there isn't an answer at the door, these guys in (intensive probation) get in trouble for not answering the door."
Still, Father Ted's tenants have it better than many others. According to a 2007 report by Human Rights Watch, residency restrictions in several states effectively banish registered sex offenders from most communities. They can be prohibited from living with their families or returning to their own homes after prison. Some offenders in Miami, says the report, have taken to dwelling beneath bridges—one of the few areas where they're allowed under city residency restrictions.
As we talk, I gaze around this broad, dusty drive dotted by cottages. Metal chairs fill a few porches. On some of those chairs, men in T-shirts sit and gaze at the mid-morning sun. There's a grapevine that brings such men to this quiet place, and it weaves among probation officers and social workers and ex-cons and guys still in the joint. Here, life is a constant inquiry—cameras dot the property, and probation officers are thick—but it beats some fleabag hotel on Benson Highway. It's definitely better than living under a bridge.
According to Father Ted, law enforcement likes his establishment because so many offenders are bunched together. That makes keeping tabs a lot easier. And Father Ted doesn't pity most guys who come to him. Still, there are a few for whom he feels sympathy.
Such as the 24-year-old who had a 17-year-old girlfriend. He worked two grunt jobs. The girlfriend was live-in. So was her mom, in the second bedroom.
The mom was scoring free rent, until she wasn't. "Girlfriend got pregnant, and the mom turned him in," says Father Ted. "She was losing her free rent, because they needed her room for the baby."
Father Ted readily admits that this fellow didn't make the smartest moves. "But it wasn't some 49-year-old guy and a 16-year-old girl," he says. "And now the guy has to live with 'sex-offender' attached to his name for the rest of his life."
Eric Janus is dean of Minnesota's William Mitchell College of Law, and author of Failure to Protect: America's Sexual Predator Laws and the Rise of the Preventive State. He writes that hype about sexual predators—starting with high-profile cases such as the 1994 rape and murder of 7-year-old Megan Kanka in New Jersey—prompted a series of get-tough laws that may actually hurt more than they help.
This hysteria has driven "preventive" statutes such as those in Arizona, which allow for the indefinite commitment of "sexually violent persons" in secure mental wards after their prison sentences are complete. It has led to broader definitions of what constitutes a sex crime—including so-called "Romeo and Juliet" laws that land teenagers in prison for having underage sex. It also led to "Megan's Law," named after Megan Kanka, which compels states to maintain a public sexual-offender registry.
Not only are these laws largely ineffective, says Janus, but they also distort the way we view sexual violence, resulting in what he calls a "vicious cycle" of bad policy. "We have this idea in our heads of the sexual predator hanging out in parking lots and attacking women or kids out of the blue, and often murdering them," he says. "Of course, that happens, but it's extremely, extremely rare. It's not the pattern of most sexual offenses."
He says this phenomenon dates back to the mid-1990s, when there was a spike in the number of news stories about sexual violence and sexual offenders—and an even sharper increase in the use of the words "sexual predator."
The trend dovetailed with "determinate" sentencing laws, which emerged in the 1980s as part of the war on drugs, and required long, non-negotiable prison terms for certain crimes. "This came out of Reagan conservatism that considered the old way too soft-headed, and based on therapy and everything," says Janus. "Now we were really going to punish these people, and that meant you put them away for a certain number of years."
In earlier times, many of those same offenders would have been put on tightly supervised parole, he says. But under the new "determinate" policies, when offenders' sentences were up, they were simply released. "There wasn't any way of keeping them, even if the authorities were really, really worried about them as a matter of safety. So what you saw was lot of really horrendous crimes by recently released offenders."
That coincided with a new consciousness, largely driven by the feminist movement, he says, about the seriousness and scope of violence against women. "Put all of those things together, and there was a coming realization that we weren't doing enough to protect against sex crimes."
From that came community-notification laws, and the civil commitment of violent sex offenders. It's no coincidence that many new statutes from that period were called "sexually violent predator" laws, thus feeding what many considered to be mass panic. "Once you have the spotlight on these horrendous but rare crimes," says Janus, "people get the notion that, 'My God, that could happen to anybody!'"
So starts the vicious circle. "The more attention paid to these crimes, the more worried people become—and the more they demand perfect safety, and closing the all the loopholes, tightening the laws—spreading the net wider."
The result? "You get the laws where now we're doing community notification on tens of thousands of (offenders)," says Janus. "And it becomes useless, because all you know is that somebody who exposed themselves 10 years ago is living in your neighborhood. Well, what are you going to do with that information?"
His perspective is reinforced by a 2009 report from New York's Vera Institute of Justice. Commissioned by the U.S. Justice Department, the research shows that saddling sex offenders with increasingly longer sentences for a wider variety of crimes—often without the possibility of parole—may result in more pre-trial plea bargains, and potentially less reporting of sexual abuse by family members who balk at condemning a relative to decades in jail.
And though registration helps police track suspects, the study shows that rates of registration compliance are dropping, and law-enforcement agencies are often too resource-strapped to track down scofflaws.
Website postings and notification by mail appear to have the same mixed results, says the report. While such postings may make people feel more secure, research suggests that most offenders are already known to their victims. Such notification has the corollary effect of making it harder for offenders to obtain jobs and housing—boosting the likelihood that they'll re-offend.
Underlying all of this, critics contend, is raw political expediency.
"It's one of those issues that, when someone is running for office, it's a no-lose to get tough about, whether there's a reason to do it or not," says Tucson defense attorney Richard Lougee. As a result, "every year, the law gets more punitive, and irrationally so."
That creates victims on both sides, he says. "There is no constituency for the falsely accused. Nobody really cares about this issue until the police knock on their door at 7 in the morning and say that their ex-wife is accusing them (of molestation)."
Such charges are also notoriously difficult to defend, says Lougee, who has specialized in sex-offender cases since the early 1980s. "There are no types of cases where there are more false convictions. That makes these geologic sentences even more troubling."
He estimates that, among inmates in the Arizona prison system's sex-offender units, "somewhere in the neighborhood of 20 or 30 percent of them are factually innocent." That occurs, he says, because the system is rigged against them. "Prior acts of misconduct—which are not admissible in other cases—come into play. There is a whole body of pseudo literature—created by the child advocates—about the truthfulness of (children's) allegations when they are made. There's a whole universe of tools and techniques which have been crafted for these types of cases which do not ensure reliable convictions."
The most egregious miscarriages involve divorce and custody battles, he says, with the mother accusing the father. "There's no faster way of taking care of child custody than pushing that button."
All of which leads to wrenching decisions. It's not unusual, says Lougee, for him to advise clients he knows are innocent to plea bargain rather than face decades in prison.
Lougee also blames a crusading Pima County Attorney's Office for a number of false convictions. "There is a policy in that office that, when something comes in the door, it doesn't get thrown out," he says. "I've had many cases where my client has faced life in prison on the original charges, and I've proven to the prosecutor that my client couldn't have done it—that he was innocent—and he was still required to plea to something, so that he wouldn't face the risk of these geologic sentences."
However, County Attorney Barbara LaWall says the numbers argue otherwise. Over the past five years, for example, she points to 122 violent sexual-assault cases presented—and 108 dismissals. During that same period, 436 child-molestation cases landed in the county attorney's office, "and we only filed on 230 of them," she says.
The picture changes a bit for sex-exploitation charges, where 83 out of 108 cases were pursued between 2004 and 2009. "You can see that there's a higher filing rate," says LaWall. "These are folks with child pornography on their computers, or who have engaged in chat groups where they are exploiting or luring children for sexual acts. The evidence is clearer, more definitive and generally not a child's word against an adult's word."
But even those prosecutions require reams of evidence, she says. "We have an ethical responsibility—which we take very seriously—of not bringing cases to the grand jury unless we have sufficient evidence to present the case and prove it beyond a reasonable doubt. That's our burden."
The burden only grows when child molestation is alleged, she says. "Those are probably the most difficult cases we have. You have to look at everything surrounding the situation: What did the child say happened? How old was the child? To whom did they report? How quickly did they report? Was there any physical evidence? Sometimes there's bruising; sometimes there are tears. Is there any evidence of other behaviors surrounding the offense?
"We look at everything. It's not just the word of a child."
In prison, sex offenders are segregated into special units. This is for their own protection; they are routinely beaten and killed by other inmates. In that jungle of base human instincts, they have become modern pariahs.
On the outside, if they ever get that far, sex offenders face a new thicket of probation officers and piss tests and surprise visits that are decidedly not of a social nature.
Kathy Waters is director of adult probation services for the Arizona Supreme Court. She says sex offenders face more post-release rigors than other former inmates. In most areas of the state, "they're basically on lifetime supervision if convicted of certain crimes—especially dangerous crimes against children."
But that doesn't necessarily mean garden-variety sex offenders are unusually likely to commit another crime. "Maricopa County has done many studies," she says, "and they've found that, of the many people on their caseloads in adult probation, (sex offenders) are the lowest group of recidivists.
"You can be a sex offender and not a child predator," she adds, pointing to television shows that "paint sex offenders with a very broad brush. There are different degrees of offenses. But it depends upon what the laws are. You could be a sex offender for urinating in public."
According to Waters, Arizona currently has 45,000 sex offenders on standard probation, and 2,200 on intensive probation. Another 38,000 fall under what's called "administrative probation," meaning they could be in treatment, or are being supervised in another state.
Annual costs for intensive probation are about $7,000 per offender, per year. Standard probation is approximately $1,200 annually.
But that money is spent precisely, says Waters, who ranks Arizona's probation system among the nation's most effective. "What we're trying to do ... is have the right people under supervision," with monitoring geared to their risk of re-offending. For instance, those placed on intensive probation "would be the higher-risk offenders. ... It would be because they have things going on—a criminogenic risk—which got them into trouble to begin with, and which they need to work on."
While such extensive monitoring isn't cheap, she says it's far less costly—and far more productive—than keeping every offender behind bars. "I would rather see people on probation than in prison. It's one of the best sentencing options our courts have, rather than incarceration. And I think that our courts use it that way—as long as they can ensure public safety, they utilize probation. The courts here have a lot of confidence in their probation department."
It's a cloudy day, and a gray light sifts into the hushed, midtown offices of Counseling and Consulting Services, which, among other things, operates court-ordered therapy sessions for sex offenders. Agency co-founder Dave Harvey has the knee-crossed intensity of a man who must conjure compassion when compassion does not always freely flow. One of his psychologists, Dr. Serena Gorgueiro, sits across from Harvey, while I take up a small couch.
Treatment here ranges from reining in drug and alcohol habits to keeping offenders from isolating themselves—something of a challenge when society would prefer they all congregated in outer space. "That's an issue that we struggle with in group quite often, helping them become more social," says Gorgueiro. "But as they become more social, they have to disclose their offense—especially if they're on probation, because probation has to approve the people they're around, run a Social Security number and everything."
That means they have to get comfortable with talking about the intimate details of their offense—even when they're out on dates. "Your life is no longer your own," says Harvey. "You have to be accountable for where you're going to be during the week. People are going to check and see if you went to work when you said you were going to work. They're going to check to see if you showed up at the Alcoholics Anonymous meeting. If you're interested in dating somebody, they're going to want to meet that person."
In most cases, of course, probation fills a vital need. And according to experts like Kathy Waters, it's also effective. By contrast, therapy can be a relative matter. "There are different types of sexual proclivities," says Dr. Gorgueiro, "that are more difficult to treat than others."
Pedophilia ranks high among them. "Usually, when we look at progress, in most cases, that doesn't mean we're going to see someone with the (pedophile) diagnosis totally changing their sexual interest in children," she says. "We certainly want to help them expand and develop relationships with age-appropriate folks. But most of the progress is measured by how they develop their self-management skills—how do they not get into situations where they're around children? How do they not get in positions where they're tempted to offend—or just in a position where someone's going to accuse them of that?"
These therapists tap into a number of tools to reach that point. Among the most powerful is helping true sex offenders develop empathy for their victims, which means peeling back layers of twisted thinking. "We call it 'significant cognitive distortion,'" says Harvey. "We sometimes hear offenders say something like, 'Well, if that 4-year-old hadn't been so seductive and hadn't been flirting with me.' Those kinds of things."
Enter reality. "Part of developing empathy," Harvey continues, "is (the client) moving from, 'Well, you know, I touched her, and she really liked it, and people aren't as nice to her as I am,' to really understanding the trauma you're creating with that type of offense."
He insists that breakthroughs do occur. "Within the parameters we're talking about, I think it's a treatable subset of the population," he says. "But people within that population are always going to be 'risk-managed.'"
Gorgueiro reaches for her notepad and readies to leave, presumably for an afternoon session. Then she stops. "It's not a curable disease," she says. "We're not here to cure. We're here to treat, to prevent."
The examining table at the Southern Arizona Children's Advocacy Center looks like a little blue bus, with tiny headlights, square gray windows and a teddy bear perched on top. It's designed to keep kids from flipping out while doctors poke and probe to learn if the children have been raped or otherwise molested by an adult. Waiting rooms here are likewise populated by rocking chairs and quilts and plush toys. Grinning flowers sprout up from the couch, and a stuffed turtle peeks from beneath elfin pillows.
It is a sad place, dressed up to seem happy, and kids arrive here for a variety of heinous reasons. Some have been beaten. Some have been burned. Others were subjected to long-running sexual assault. In this one-stop-shop for abuse, they are simultaneously calmed and coaxed to share details.
Upstairs resides a small contingent of detectives with the Pima County Sheriff's Department. Down the hall is space for the county attorney, a state Child Protective Services' sex-abuse unit, and bunking quarters for doctors who do on-call forensic exams.
There's a room with computers to scan for Internet child porn and a VCR to review video child porn. In the interview room, a small chart is taped to the back of the door. It lists euphemisms for a penis that children might hear, words such as "Captain Winkie" and "wiener dog" and "tally wacker."
This place is engineered to handle human-inflicted trauma in the smoothest possible way, with a tight choreography that separates child from parent, provides a safe zone for interviews, and brings kids around to that examining table shaped like a little blue bus. "The children go in kind of a racetrack format, from what they need to do first to what they need to do next," says Wilene Lampert, the center's executive director. "Each is a spot where they can comfortably stay before they go to the next step."
We're joined by Sgt. Sonia Pesqueira, a no-nonsense cop who runs the units for the sheriff's department that deal with crimes against children and adult sex abuse.
With cases that land here, she says, nailing the abusers means catching every detail. "These investigations are done just so, and they're very consistent. That makes it harder for the (perpetrators) to have a defense for some of the things they do."
It also helps prevent abuses on the other side, says Lampert. "The interviews are much more carefully designed to avoid those big cases that happened, for example, with the child-care centers."
She's referring to the string of child-sex-ring scandals in the 1980s that ensnared teachers at the McMartin Preschool in Manhattan Beach, Calif., and the Wee Care Nursery School in Malden, Mass.
Those cases prompted hysteria about day-care centers. Although the allegations were eventually debunked—and in some cases, the children's testimony appeared to be coached by adults—they nonetheless helped launch today's sex-offender statutes. "But the detectives now have a much better and broader knowledge of what's involved, and how best to gather those facts, so that you don't have some of the errors that were made in the 1980s," says Lampert.
Says Pesqueira, "It's not just one-sided, 'Let's get this guy put in jail,' and we're done with it." Instead, questions likely to be raised by the defense attorney are pondered. "You'd better meet those head-on from the beginning, and try to dispel any of them to have an ironclad case for prosecution."
It's quite obvious that Pesqueira despises the offenders who force children to come here. She tells me she's seen victims of everything from minor beatings "to the most horrendous sexual abuse, repeated sexual abuse every time that child comes home from school."
Society "calls it child molestation," she says. "Those are kind of patterned words—sexual conduct with a minor, sexual abuse. But it's a lot more horrendous than that. It is full-blown rape. That's what some of these children are suffering from, from the time that they were toddlers."
From her perspective, those who prey on children are beyond rehabilitation. "Once it's there, it's always there," she says. "Pornography now is so widespread and prevalent that a lot of them are acting on their impulses. Especially when they have access to things such as live video footage of children being tortured and sexually assaulted."
There are online chat rooms, she says, where offenders discuss how to groom a child for penetration, and mastering the art of man-child love. "These are the things they talk to each other about when they're not in the counselor's office. They're going to have validation from each other, and they're going to re-offend."
But Pesqueira also believes that the effectiveness of sex-offender notification is limited, at best. Those faces on the Internet don't necessarily pose the greatest risk, she says. "It's the one who has never been caught but has been in the picture the whole time—the janitor at the school, or the nearby neighbor. Those are the ones who are the successful offenders, who continue to re-offend, and have never been prosecuted."
Polly Klaas was just 12 years old on the night in October 1993 when she was snatched from a slumber party in Petaluma, Calif. When Richard Allen Davis was convicted in her kidnapping and subsequent murder, the ex-con with a history of assaulting women raised both middle fingers to the court. When he was later sentenced to death, he accused Polly's father of molesting her. Marc Klaas lunged toward Allen, before relinquishing to deputies who led him from the courtroom.
Today, Marc Klaas is president of the KlaasKids Foundation, which advocates for safer communities, and stiffer sentences for violent and repeat offenders. He disagrees with Pesqueira's take on notifications. "Back in the 1990s, we didn't have registries, and we didn't know who these guys were," he says. "And their privacy was more important than our kids' safety. In light of that, Megan's Law was passed, putting children's safety as a higher priority than the privacy of people who would commit crimes against them. It gives law enforcement the ability to jumpstart investigations by knowing who these guys are and where they are.
"In balance, I think the sex-offender registries are necessary and important," Klaas says. "I just wish the government would take them more seriously."
He points to the San Diego case of John Gardner, who in April admitted killing two teens and raping one of them. Gardner had "a history of violence and a successful prosecution for sex crimes, and as such—knowing who this guy was—they could have taken action to civilly commit him," says Klaas. "And no steps were taken. As a result of that, he was released from prison and went on to murder two young girls."
In California, he says, "Jessica's Law" requires law-enforcement authorities to evaluate violent sexual offenders when they're released from prison, to see if they should be civilly committed to secure mental facilities. While the practice raises serious civil-rights questions, Klaas says it saves lives. The alternative, he says, "is putting these guys back on the streets to commit more mayhem and murders."
On May 17, the U.S. Supreme Court weighed in on the side of Klaas and other advocates, ruling that some sex offenders can be held indefinitely under the Adam Walsh Child Protection and Safety Act. The law is named for a 6-year-old child who was abducted and killed in 1981.
I'm on the northwest side of Tucson, in a tidy trailer park run by yet another man who asks that I not use his name nor otherwise describe him and his small establishment. That is not because he is a sex offender, but because, like Father Ted, he takes them in. And just like at Father Ted's place, none of his tenants will talk to me.
I will call this man Albert. According to Albert, his trailers are always full since he started renting to these offenders 15 years ago. "They just find me," he says. "Sometimes the parole department tells the guys about it. Sometimes they have friends in prison who are getting out."
Albert says he gained this clientele "by accident, really. A guy needed a place to live, and he was (a sex offender), and I said, 'OK,' and I started renting to him. Then the parole department asked me if I had any more trailers, and they filled them all up."
Such livelihoods require a keen eye to detail. For instance, each renter is thoroughly screened before they move in. "Sometimes," says Albert, "when you sit down and talk, they're not as bad as how their record looks, and sometimes they're not as good as how their record looks."
We sit on Albert's porch, and he leans forward with his hands on his knees as he talks. He nudges the concrete with a toe of his boot. "Yes, they're sex offenders," he says, "and I can hate what they did. But I can't hate them. I mean, these are some pretty good old boys. They just made an awful mistake."
However, like Father Ted, Albert doesn't leave room for any future mistakes. "They can't have any women back here unless they call me. No drinking. If there's any drugs, they're history."
It's a clean, no-bullshit operation, and Albert is not without compassion for the men who have rehashed their lives around him. He pauses and looks out at the trailers, lined up nearly to the road. Then he leans back in his chair.
"Listen, I don't pass judgment," he says. "But I can tell you they have a hell of a time finding a job or anything else. All they want to do have a place to live, have a car, go out to see a movie, and have some fun. These guys don't bother anybody. But they'll carry that brand around forever."

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Friday, February 4, 2011

Twenty Questions on Jessica's Law

In 2006, I was on parole in CA when Jessica's Law was passed by CA voters. Days after It's passing I jumped parole and left CA. I was captured in July of 2008 and sentenced to 4 years in prison. All for just refusing to register as a SO for a crime I did not commit in 1985. Here's 20 questions that were asked before the unconstitutional Jessica's Law made thousands of CA citizen's life's a living nightmare. 

TWENTY QUESTIONS ABOUT JESSICA’S LAW Tom Tobin CCOSO
   In search of the truth about Jessica’s Law
            for those who care to look a little deeper….
Each of the following twenty clusters of questions is meant to call attention to some of the problems with the changes that would be brought about by Jessica’s Law, should it pass.  Informed voters and opinion makers are invited to ponder these concerns and even bring them to the proponents of Jessica’s Law for a convincing response.
1. Where did the huge collection of hundreds of changes to state law that make up the Jessica’s Law ballot initiative originally come from?  Were almost all of them bills that had been introduced but failed to pass in the California legislature?  Why, if they were such wonderful and well-crafted policy that no one could object to them except advocates for sex offenders, did all of those bills that have been collected and combined into this initiative not pass in the California legislature when they were originally introduced?  What did the careful examination of those bills conducted by all of the experienced staff members whose job it is to conduct the analysis of proposed legislation actually reveal?  
2. If this initiative is really a bad public policy, why have so few public figures and politicians taken a public stand against it?  What are the political consequences of taking a stand against Jessica’s Law?  Could elected officials and others be afraid that their political competitors and opponents will use their “Opposed” position for ever and ever to claim they are soft on crime, easy on sex offenders, indifferent to molested children and raped women and so on, thereby severely damaging their political careers?  Is there a partisan political motive for having this initiative on the ballot in a significant general election? 
3. How many voters will have actually read all 35 pages of this law or even understood its main components and their consequences before they vote?  Is putting on the ballot such a huge and complicated bill that would make hundreds of changes to California law truly a responsible way to make public policy on such an important matter?  Have the changes that would be created by this proposition been carefully thought out and analyzed by those with the expertise to do so? 
4. Why has the Governor prohibited state employees, especially those in the Department of Corrections and Rehabilitation who have many years of experience working with and managing sex offenders, from talking openly about what they see as the consequences of Jessica’s Law?  What would they say if they could talk freely?  Why is the Governor afraid to let them do so?
5. Is being in favor of protecting children and women and being against sex offending a good reason to vote for this initiative?  Is it really as clear-cut as the following statement suggests: “It seems like a pretty simple choice: Side with California families and law enforcement and work to protect children from sexually motivated crimes, or side with sex offenders”? Is it true that anyone opposed to Jessica’s Law must not really care about children and women and men who are the victims of sexual assault and must not care about stopping sexual offending and must want to be soft on sex offenders?  Are the proponents suggesting that citizens should vote YES only because they are against sexual assault and think children and other potential victims should be protected?  Is that really a sufficient reason to vote YES?  Are the issues really that simple?  Is this sort of argument the best that supporters have to offer?
6. If, after being enacted in a voter initiative, any one of the hundreds of complicated changes to current California laws that would be created by Jessica’s Law (Proposition 83) turns out to be a bad idea that makes matters worse, what would it take to make another change to solve the problems that have been created and are then clearly recognized?  Could the legislature do that?  Do it easily?   Would they be willing to do so?  What does political history suggest about the willingness of elected officials to do anything that might appear to soften laws related to criminal behavior?
7. How much will this initiative ultimately cost taxpayers?  Would this be money wisely spent?  Does the governor really mean it when he proclaims that the cost does not matter?  Do those who work to prevent sexual assault agree that this is the very best use of all those hundreds of millions of state tax dollars?  Does the California Legislative Analyst’s Office Report address all of the potential costs?  The report readily acknowledges that many cost areas are impossible to estimate.  What, for example, will be the costs associated with the dislocation and relocation of tens of thousands of currently stable Registrants who, along with their families, would lose jobs, homes and communities.  What will the real total be?  And what will be the direct cost to every local community? 
8. District Attorneys and Prosecutors are not usually seen as soft on crime and easy on sex offenders.  Then why would the Iowa District Attorney’s Association issue a formal public statement saying that the 2000 foot residency restriction and many of the other components of Iowa’s version of Jessica’s Law – which they previously supported – have turned out to be a very bad idea that should be undone?   And why, even after the huge problems have appeared, is the Iowa legislature unwilling to follow the recommendation of the state’s District Attorneys?
9. Some of the statements supporting Jessica’s Law claim that sex offenders have the highest re-offense rate of all criminals and that they are all unable to be successfully rehabilitated.  Are these claims true? What, for example, is the accuracy of the following statement from the “Findings and Declarations” Introductory Section of Proposition 83:  
(b) Sex offenders have very high recidivism rates.  According to a 1998 report by the U.S. Department of Justice, sex offenders are the least likely to be cured and the most likely to reoffend, and they prey on the most innocent members of our society…. Sex offenders have a dramatically higher recidivism rate for their crimes than any other type of violent felon. were arrested
Why does the proposition cite a 1998 US Department of Justice Study rather than the 2003 US Department of Justice Study?  The 2003 Report   states, among other findings, that of almost 10,000 sex offenders released from prison in 15 selected states (including California), only 5.3% were rearrested for a sex crime within three years.  And although 43% were arrested for a new crime (of any sort), this is considerably lower than the 68% of other types of offenders being arrested for some other crime within three years.  No sexual offense or re-offense is acceptable, but the facts are that sex offenders do not have “very high recidivism rates” and are not “the most likely to reoffend.”  Why do proponents of Jessica’s Law provide such misleading information?  Is it really beneficial to society to generate and perpetuate unjustified fear?
10. Has a 2000 foot residency restriction, as would be created in Jessica’s Law, been tried in any other states?  What were the consequences?   What has been the experience of the California Department of Corrections and Rehabilitation in trying to locate its paroled High Risk child molesters more than one half mile from a school as required by AB113, passed in 2005?  One of the easily overlooked provisions of Jessica’s Law is the empowerment of individual local communities to restrict and exclude sex offenders as they choose.  Has this empowerment of local communities to create prohibitions - over and above the residency restrictions specifically contained in state laws - been tried in other states?  What were the consequences? 
11. According to the California Attorney General’s Megan’s Law website as well as the Ballot Argument that will appear in favor of Proposition 83, there are approximately 85,000 registered sex offenders in California.  There are about 8,000 new convictions each year.  Is 50,000 a reasonable estimate for how many of these sex offenders live in California urban areas – areas where there will be virtually no unrestricted locations where they can live?  Is 50,000 a reasonable estimate for how many of these sex offenders will need to relocate if this law is passed?   Where will they go?  Where is “somewhere else”?  And why should we care - that’s their problem, isn’t it?  After all, who could object to the slogan: keep sexual predators away from schools and parks where our vulnerable children study and play?  On the other hand, who would agree that it is good public policy to move all sex offenders away from all urban areas (where they can receive services, specialized treatment and where they have families, jobs, places to live and support networks and where they are known to law enforcement) and force them to go to the rural parts of the state where they are not likely to have any of the above, especially housing?  In reality, based on what happened in other states – approximately half of the currently registered sex offenders are likely to “disappear” and stop registering and go underground.  While such a response cannot be condoned, neither does it seem to be able to be stopped.  Will the ensuing situation make California more safe or less safe?
12. Specifically where in California would sex offenders be unable to live if they could not reside within 2000 feet of a school or park?  For example, where could they live in San Diego, in San Jose, in Los Angeles, in San Francisco and in every other large or small urban area?  Can the proponents of Jessica’s Law provide such an analysis of the effects of their initiative?  Have they offered any solutions for the problems that would be created?  Are there available maps with “2000 foot” circles that help answer this question?   What do they show?  Is banishment acceptable under the United States Constitution?
13. How many sex offenses really occur because an offender was living near a school or a park?  How many sex offenses will be stopped by making sure known sex offenders live over 2000 feet away?  Would that sort of residency restriction stop them from traveling to a school or park if they wished to do so?  How many of the already known and reported sex offenses over, say, the past year took place because an offender lived within 2000 feet of a school or park and would not have happened if the offender had lived elsewhere?  Is there any research that shows that sexually offending has any relationship to whether the offender was living near a school or park?  Do the few studies that have been done on sex offender residency related to offending actually show that there is no relationship whatsoever?
14. Which sex offender poses a higher risk: Offender A who has a steady job, lives with extended family in a stable housing situation, has regular life patterns, has some friends and healthy social activities, registers as required and is known to local police and is in a specialized sex offender treatment program  OR  Offender B who is homeless and transient, has lost his job, has had to leave his family residence and his family behind, is isolated and lonely and hopeless, has no social support system, has decided to stop registering and go underground and feels he has nothing left to lose?  Will this initiative result in more or fewer at-risk sex offenders?
15. How many individuals and families, including children, who are currently living with or supported by registered sex offenders will be forced to relocate, be made homeless, be forced into poverty, have their family structure destroyed or be otherwise negatively impacted as a result of the relocations and job losses resulting from the residency restrictions of Jessica’s Law?
16. What will happen when local governments begin to act on the authority the initiative gives them and enact their own ordinances that are even more restrictive than 2000 feet about where 290 sex offender registrants can live?  Which local elected officials could resist pressures to wall out the exodus of sex offenders from other communities who had already enacted such restrictions?  Once the snowball gathers momentum, won’t each municipality feel politically driven to enact a restriction that will protect them from the anticipated flood of sex offenders who have been displaced from neighboring communities where such an ordinance has already been enacted?  Has this already happened anywhere in the United States and what was the outcome?
17. Sexual assault is often devastating to its victims and preventing sexual assault is a commendable goal.  Research shows that in 90% of sexual offenses the victim already knew and had some relationship with the offender.  Yet Jessica’s Law seems to focus its efforts on “stranger danger.”  What impact will this law have on preventing any sex offenses of the more typical kind – where the offender is already in the victim’s life in some way?  And, since only a little over 10% of sex offenses are accounted for by individuals who were previously convicted of a sex offense vs. individuals who were never previously convicted (and so who are not identified and who would, therefore, not be affected by this law) is it a good strategy to attempt to prevent sex offending by directing huge, disruptive, questionably effective and extremely expensive efforts at known offenders rather than having a more balanced effort aimed at preventing a wider range of sexual offending?
18. Is it true that all sex offenders are the same and are equally dangerous to public safety or is that one of the incorrect beliefs and myths about sex offenders upon which this initiative rests?  Is it accurate to think of all – or even very many – of the registered sex offenders as “sexually violent predators” who snatch stranger children from schoolyards and parks?  What other types of sex offender could there possibly be?  Would a residency restriction or a GPS anklet actually reduce the risk of other types – or end up actually increasing it?  Is it true that very expensive management devices, such as Global Positioning Monitoring (GPS) are needed for every sex offender in order to prevent a re-offense?  Of what benefit would it be to use GPS on a very ill or elderly offender who has posed no evident risk for many years?  How would GPS reduce the risk for an individual whose offense was against someone living in the same house?  Is it thoughtful policy based on solid information to require GPS for every offender no matter what the cost or is it just “feel good” political sloganeering?  Senate Bill 1178 requires electronic monitoring for all sex offender parolees and probationers unless a court or the Department of Corrections and Rehabilitation determines that it is not needed in a particular case.  Isn’t allowing some flexibility of this sort a more rational approach to policy making?
19. Sexual offending is already one of the most underreported crimes.  Will increasing the penalties, sentences and control measures on all sex offenders make it more or less likely that victims will come forward and more or less likely that offenders will reach a plea bargain settlement rather than demand a full jury trial – a trial that can re-traumatize the victim and too often results in a failure to convict?  Are the changes made by Jessica’s Law which restrict the options in prosecution strategies likely to actually result in a decrease in convictions for sexual offenses?  What has happened in other states where this type of law has been passed?
20. Why has the case against Jessica’s Law as flawed public policy not been more visible?  Who has stepped forward to carry the message that this would be a colossal public policy mistake for California?  Where can more information be found?  Why has the California League of Women Voters not supported this initiative in its  highly-respected recommendations?  Why has the Sacramento Bee strongly opposed it?  Why has a major advocacy organization for victims of sexual assault, the California Coalition Against Sexual Assault (CALCASA) decided, after careful thought, to take the remarkably courageous position of opposing it?"   Why does the California Coalition On Sexual Offending, the state association of professionals who manage, supervise, evaluate and treat sex offenders oppose it?   Why did the Sebastopol City Council issue a formal statement in opposition?  Why have some of the initial major supporters of this initiative changed their minds – but not been willing to publicly say so?  And, finally, how much money do the proponents of this initiative have to spend?  How much do those who oppose it have to spend?
BONUS QUESTION:  Who said: "America is the land of second chance, and when the gates of prison open, the path ahead should lead to a better life."  
ONLY SELECTED KEY REFERENCES HAVE BEEN INCLUDED.  FOR ADDITIONAL MATERIAL SEE: http://www.ccoso.org/
  Analysis of the various bills which make up the bulk of Jessica’s Law can be found, with patience, at http://www.leginfo.ca.gov/   Search for the various Analyses of SB 588 and AB 231.  Residency restrictions was not part of these bills and so has not had an analysis.
Michael Kennedy San Gabriel Valley Tribune July 15, 2006 
  California initiative acts require amendments to their provisions to be approved by2/3 of the membership of both houses of the Legislature.
 
 The fiscal analysis conducted by the nonpartisan California Legislative Analyst’s Office can be found at:  http://www.lao.ca.gov/ballot/2006/83_11_2006.pdf
Iowa County Attorneys Association.  “Statement on Sex Offender Residency Restrictions in Iowa.”  Found at: http://ccoso.org/iowaAttorneystatement.pdf
 Recidivism of Sex Offenders Released from Prison in 1994 published by the Bureau of Justice Statistics of the U.S. Department of Justice in 2003.  Available at www.ojp.usdoj.gov/bjs/pub/pdf/rsorp94.pdf
“The Impact of Residency Restrictions on Sex Offenders and Correctional Management Practices: A Literature Review”.  Available at: http://www.library.ca.gov/crb/06/08/06-008.pdf
Approximately 85,000 and growing according to: http://www.meganslaw.ca.gov/
  The Sacramento Bee cites a survey showing that 7 out of 10 sex offenders in Sacramento County would be forced to relocate.
For example, see the maps at the end of: ”Controlling Sex Offender Reentry: Jessica’s Law Measures in California.”  Found at:
http://www.law.stanford.edu/program/centers/scjc/workingpapers/JPeckenpaugh_06.pdf
See references in Report cited above in Note 7.
Answer: George W. Bush in his 2006 State of the Union Address.
[Prepared by Tom Tobin, Ph.D. – Public Policy Committee Chair for the California Coalition On Sexual Offending (CCOSO)]