http://www.timesdaily.com/article/20110821/news/110829994
Professors warn about new sex offenders law
By M.J. Ellington Montgomery Bureau
Published: Sunday, August 21, 2011 at 3:30 a.m.
Last Modified: Saturday, August 20, 2011 at 10:38 p.m.
MONTGOMERY - Alabama's new sex offender reporting law is
designed to increase oversight of people who commit sex crimes, but two
researchers warn if the laws are too restrictive, they may backfire and
result in more, not fewer, sex offenses.
Rockoff said states passed stricter
laws hoping to reduce the number of repeat sex offenses and make the
public feel safer. But in a study encompassing several years, he and
Prescott found that such requirements make “sticking to the straight and
narrow much less attractive than just throwing up your hands and
returning to crime,” Prescott said.
He considers the finding significant since the purpose of most of laws is to cut down on repeat crimes.
“Put differently, living life as a convicted sex offender can be pretty miserable under these laws,” Prescott said.
The effect is that the threat of going back to prison for committing new offenses may seem less objectionable than living on the outside under very restrictive rules, he said.
“... Some of these requirements, particularly the ones that involve informing the public about the identity and whereabouts of sex offenders, are so costly to offenders that they become more, rather than less, likely to commit more offenses,” Prescott said.
While Prescott's study did not track Alabama sex offenders, he said it will be extremely difficult for some sex offenders to comply with the new law's requirements. He used Alabama's requirements for homeless sex offenders as an example.
Homeless offenders in Alabama with no fixed residence must report where they are living and pay a $10 registry update fee every seven days. If they do not, they will be sent back prison under the new law, he said.
If the $10 fee stops the offender from reporting because he doesn't have the money and can't get a job because he is an offender, the state will ultimately pay more to keep him in prison. Alabama's cost per inmate per year is about $22,000.
Alabama's new law, based on a bill by Rep. Cam Ward, R-Alabaster, has far-reaching registration and reporting requirements for convicted sex offenders.
“Eighty percent of it was making sure we're in compliance with the” Adam Walsh Child Protection and Safety Act of 2006, Ward said.
The act, in part, establishes new crimes or expands federal jurisdiction over existing crimes in nine areas, including child abuse, kidnapping, obscenity, child pornography, use of the Internet to distribute obscenity or drugs and record-keeping. It also established new offenses and penalties for failure to register as a sex offender.
The state Department of Public Safety and the Alabama District Attorneys Association asked Ward to sponsor the bill, he said.
Local sheriff's offices and police departments are in training to learn how to enforce the law and many expect to devote at least one person on their staff to keep up with reporting changes. The law does not allocate state funding for enforcement.
Some individuals on the House and Senate committees who took up Ward's bill and a similar House bill by Rep. Blaine Galliher, R-Gadsden, said there was little controversy or discussion about the legislation.
“I was for it. There really wasn't a lot of opposition,” said Rep. Greg Burdine,
D-Florence.
Rep Chris England, D-Tuscaloosa, who is an assistant Tuscaloosa city attorney, raised questions in the House Judiciary Committee about the stringent reporting requirements.
In previous years, sex offender legislation, particularly limitations on where offenders can live, prompted concerns from legislators.
Rep. Laura Hall, D-Huntsville, was a House Judiciary Committee member from 2006-10.
She said if the state continues to lengthen the distance between a sex offender's address and community parks, day care facilities or schools, pretty soon there won't be anywhere left for offenders to live.
Jess Brown, political scientist professor at Athens State University, said the thought of sex offenses brings out strong emotions in the public, which often applauds tougher offender restrictions.
Politicians who pass the laws can go home and tell voters they are tough on crime, and few people will voice objections even if they believe the laws may be a mistake, he said.
“There is a belief in America, especially in Alabama, that you can solve a problem with tough-on-crime laws,” Brown said. “But if you continue to have harsh punishment without the likelihood of effective enforcement, then compliance goes down.”
Politics are always a part of the picture with punitive legislation, including three-strikes-and-you're-out laws that also crowd prisons with people who return on technicalities, he said.
“No prosecutor or politician is going to stand up and say we made a mistake with this law,” Brown said. “He doesn't want his opponents to use that against him in the next election.”
M.J. Ellington is the Montgomery Bureau chief for the TimesDaily. She can be reached at mjellington@TimesDaily.com.
He considers the finding significant since the purpose of most of laws is to cut down on repeat crimes.
“Put differently, living life as a convicted sex offender can be pretty miserable under these laws,” Prescott said.
The effect is that the threat of going back to prison for committing new offenses may seem less objectionable than living on the outside under very restrictive rules, he said.
“... Some of these requirements, particularly the ones that involve informing the public about the identity and whereabouts of sex offenders, are so costly to offenders that they become more, rather than less, likely to commit more offenses,” Prescott said.
While Prescott's study did not track Alabama sex offenders, he said it will be extremely difficult for some sex offenders to comply with the new law's requirements. He used Alabama's requirements for homeless sex offenders as an example.
Homeless offenders in Alabama with no fixed residence must report where they are living and pay a $10 registry update fee every seven days. If they do not, they will be sent back prison under the new law, he said.
If the $10 fee stops the offender from reporting because he doesn't have the money and can't get a job because he is an offender, the state will ultimately pay more to keep him in prison. Alabama's cost per inmate per year is about $22,000.
Alabama's new law, based on a bill by Rep. Cam Ward, R-Alabaster, has far-reaching registration and reporting requirements for convicted sex offenders.
“Eighty percent of it was making sure we're in compliance with the” Adam Walsh Child Protection and Safety Act of 2006, Ward said.
The act, in part, establishes new crimes or expands federal jurisdiction over existing crimes in nine areas, including child abuse, kidnapping, obscenity, child pornography, use of the Internet to distribute obscenity or drugs and record-keeping. It also established new offenses and penalties for failure to register as a sex offender.
The state Department of Public Safety and the Alabama District Attorneys Association asked Ward to sponsor the bill, he said.
Local sheriff's offices and police departments are in training to learn how to enforce the law and many expect to devote at least one person on their staff to keep up with reporting changes. The law does not allocate state funding for enforcement.
Some individuals on the House and Senate committees who took up Ward's bill and a similar House bill by Rep. Blaine Galliher, R-Gadsden, said there was little controversy or discussion about the legislation.
“I was for it. There really wasn't a lot of opposition,” said Rep. Greg Burdine,
D-Florence.
Rep Chris England, D-Tuscaloosa, who is an assistant Tuscaloosa city attorney, raised questions in the House Judiciary Committee about the stringent reporting requirements.
In previous years, sex offender legislation, particularly limitations on where offenders can live, prompted concerns from legislators.
Rep. Laura Hall, D-Huntsville, was a House Judiciary Committee member from 2006-10.
She said if the state continues to lengthen the distance between a sex offender's address and community parks, day care facilities or schools, pretty soon there won't be anywhere left for offenders to live.
Jess Brown, political scientist professor at Athens State University, said the thought of sex offenses brings out strong emotions in the public, which often applauds tougher offender restrictions.
Politicians who pass the laws can go home and tell voters they are tough on crime, and few people will voice objections even if they believe the laws may be a mistake, he said.
“There is a belief in America, especially in Alabama, that you can solve a problem with tough-on-crime laws,” Brown said. “But if you continue to have harsh punishment without the likelihood of effective enforcement, then compliance goes down.”
Politics are always a part of the picture with punitive legislation, including three-strikes-and-you're-out laws that also crowd prisons with people who return on technicalities, he said.
“No prosecutor or politician is going to stand up and say we made a mistake with this law,” Brown said. “He doesn't want his opponents to use that against him in the next election.”
M.J. Ellington is the Montgomery Bureau chief for the TimesDaily. She can be reached at mjellington@TimesDaily.com.
