The 2014 Alabama Legislature has "Adjourned Sine Die," thus signaling the end of the regular session. I guess the crappy weather kept the legislators indoors enough to push them through the legislation. Barring any special sessions, registered citizens can rest easy until the next legislative season.
So here is a recap of what passed and what didn't:
HB14: Criminal sex offenders over age 21, sex offenses against child 12 years of age or younger, surgical castration required prior to release from custody of Corrections Department.
Status: Never left committee
Comments: I never focused on this bill despite it receiving national attention. The legislature knew this law was one they would never touch.
HB21: Sex offenders, residence, sex offender clusters, licensing by sheriff, monitoring, regulation by Mental Health Department, penalties for violations, certain local and general laws repealed, Act 2010-515, 2010 Reg. Sess., repealed; Sec. 13A-11-204 repealed
Status: Never left committee.
Comments: I worked hard to get people to fight this bill. Hopefully the barrage of letters helped get this bill stalled.
HB 133: Human trafficking, Uniform Act on Prevention of and Remedies for Human Trafficking, adoption, Secs. 13A-6-150 to 13A-6-160, inclusive, 13A-6-170 repealed
Status: Never left committee
Comments: I'm always wary of human trafficking laws since they are used as mules for unrelated sex offender legislation (like Prop 35 in Cali). Thankfully no action was taken on this bill.
HB 224: Rape, sodomy, burglary in the first degree, person convicted of these crimes under certain conditions sentenced to minimum of 20 yrs in prison if victim is 65 yrs old or older, Secs. 13A-6-61, 13A-6-63, 13A-7-5 am'd.
Status: Stalled in committee
Comments: I never cared for mandatory minimums or status enhancements.
HB 413: Sex Offenders, registration and community notification, technical revisions and citations update various sections, petition for relief from employment, residency living restriction, civil division of circuit courts, absconding without registering, penalty, Secs. 12-15-107, 12-15-116, 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-19-7, 15-20A-4 to 15-20A-7, incl., 15-20A-9, 15-20A-11, 15-20A-14, 15-20A-16, 15-20A-18, 15-20A-21 to 15-20A-26, incl., 15-20A-28, 15-20A-29, 15-20A-32, 15-20A-34, 15-20A-35, 15-20A-37, 15-20A-39, 15-20A-40, 15-20A-43, 15-20A-45, 15-20A-46, 15-22-27.3, 32-6-49.24, 36-18-24, 36-18-25, 38-13-2, 38-13-4
Status: Stalled in committee
Comments: This law would have granted the potential for relief from registration laws under certain conditions. The only bad thing I saw was adding internet provider info. That was unnecessary.
HB 426/SB 297: Sex offenders, sex offender convicted of crime with a minor prohibited within 500 feet of public school K-12 property during instructional hours, Class C felony, Sec. 15-20A-17 am'd.
Status: Stalled in committee
Comments: SB 297 passed, but not as originally written. A highly watered down version applying to trespassing on school grounds replaced the 500 foot law.
SB 151: Bestiality and possession of obscene matter depicting bestiality, crime established, penalties
Status: Passed
Comments: It was good for a laugh, but whatever keeps Alabama from passing dumber legislation like HB21, I'm all for it.
Registered Former Offenders Restoration Movement (ReFORM), restoring hope, rehabilitation, and reintegration to Alabama's registered citizens
Showing posts with label 2014 HB 21. Show all posts
Showing posts with label 2014 HB 21. Show all posts
Saturday, April 12, 2014
Thursday, January 16, 2014
ACTION ALERT! -- How to help ReFORM-AL fight HB 21
Legislative sessions have begun, so now is the time to fight HB 21, the anti-clustering law. ReFORM-AL is in the process of analyzing HB 21. This bill is more complex than the prior bill. Below is a brief summary of HB 21:
- HB 21 will prevent more than one registrant from living at the same address unless the two are related. This may potentially cause problems at apartment complexes, because the bill defines a "cluster" as two or more registrants in any location;
- HB 21 will place strict limitations on transitional housing: high yearly fees, restrictions on the number of registrants, and constant renewal of licenses for running transitional housing; and
- HB 21 will give Sheriffs great discretion in allowing transitional housing in the community. If a sheriff does not approve, there will be no grievance procedure or court remedy. In addition, this bill gives the sheriff the power to conduct warrantless searches even if the registrants are not on probation or parole.
It is obvious Wallace's intent is to make the establishment of traditional housing an impossible task.
The bad news is I will only be given about a 48 hours notice to prepare once the public hearing is set. It could be next week, it could be May. Last year, it was at the end of February. But because it COULD be next week, we need to act now. Here is how you can help.
IF YOU DON'T LIVE IN THE MONTGOMERY AREA: If you are an activist who cannot come to Montgomery AL on a moment's notice, I suggest writing the legislators on the Public Safety and Homeland Security Committee. I have created a page containing the contact info for each of the NINE committee members.
If you live out of state you should not have to state you don't live in Alabama. Just state you're a concerned citizen. Or, pick a city and claim you live there.
If you live out of state you should not have to state you don't live in Alabama. Just state you're a concerned citizen. Or, pick a city and claim you live there.
Click on the link to view the Committee contact info: http://reformalabama.blogspot.com/p/blog-page.html
IF YOU LIVE IN MONTGOMERY OR CAN TRAVEL TO ATTEND THE COMMITTEE HEARING:
If you can attend, I could really use people willing to attend and testify before the committee. As soon as I am given a date, I will post another action alert. Remember, I will likely be given about two or three days' notice. So check back often. Please call me at 513-238-2873 and tell me you wish to be there in person. You don't have to know all the stats, I need people who can give testimony on how these laws can affect you. Emotional testimony is needed.
OTHER SUPPORTERS: If you can support my efforts by making a donation to offset the costs of traveling to Montgomery, please do so. Donations can be sent here:
By Paypal: iamthefallen1@yahoo.com
By Mail: Derek Logue
2559 Eden Ave. #14
Cincinnati, OH 45219
NOTE: From what was explained to me, committee hearings are posted every day on "ALISON" (Alabama Legislation Information System On-Line). So Alison should be seen on a weekly basis until the session ends around mid-May. Click on the link below, then on the next screen (It will say ALISON in giant letters), look on the left side of the screen and click on "Committee Meetings." On the next screen, select "House" then "Get Results" and scroll down until you see the "PS&HS." When HB 21 comes up it will be listed there.
http://alisondb.legislature.state.al.us/acas/ACASLoginMac.asp
The schedule for the upcoming week is typically posted on a Friday. Thus, I will literally only have the weekend and maybe one extra day to schedule my trip. So at beat I get 3 day's notice.
NOTE: From what was explained to me, committee hearings are posted every day on "ALISON" (Alabama Legislation Information System On-Line). So Alison should be seen on a weekly basis until the session ends around mid-May. Click on the link below, then on the next screen (It will say ALISON in giant letters), look on the left side of the screen and click on "Committee Meetings." On the next screen, select "House" then "Get Results" and scroll down until you see the "PS&HS." When HB 21 comes up it will be listed there.
http://alisondb.legislature.state.al.us/acas/ACASLoginMac.asp
The schedule for the upcoming week is typically posted on a Friday. Thus, I will literally only have the weekend and maybe one extra day to schedule my trip. So at beat I get 3 day's notice.
Wednesday, October 30, 2013
Sex offender speaks out against Alabama bill that would regulate sex offender clusters
ReFORM-AL was not specifically mentioned in the article, but I was gratuitously mentioned in this article. Mike Cason wrote a very good article, and brought up many good questions.
http://blog.al.com/wire/2013/10/advocate_speaks_out_against_al.html
Sex offender speaks out against Alabama bill that would regulate sex offender clusters
By Mike Cason | mcason@al.com
on October 28, 2013 at 11:33 AM
MONTGOMERY, Alabama --- A registered sex offender is doing what he says few other offenders will do, speaking out against a bill that would further restrict where they can live.
Derek Logue opposes a bill that would make it illegal for sex offenders to live at the same residence without a live-in monitor and a license from the sheriff. Legislators and a prosecutor in Autauga and Chilton counties say the licensing and monitoring are needed to protect the public from having large numbers of offenders in one place.
Logue says it’s already hard enough for them to rejoin society after leaving prison. They can’t live or work within 2,000 feet of a school or daycare.
“There’s not a lot of hope for us,” Logue said. “But transitional housing at least gives people some stability. What you want is to have a chance to reintegrate back into society.”
Logue said they need stability during the first couple of years after prison and said that's when they are more likely to commit another crime. He said the bill would effectively block halfway houses and group homes that could help offenders and reduce recidivism.
Officials in Chilton and Autauga counties say their priority is public safety.
C.J. Robinson, chief deputy district attorney for Autauga, Elmore and Chilton counties, said 49 sex offenders have lived at the same Chilton County address since 2010. An average of about 10 live there on most days, Sheriff Kevin Davis said. They live in trailers behind a small church. It’s not in a dense neighborhood, but there are houses scattered along the two-lane highway near Triumph Church, which is outside Clanton.
Robinson said nothing in state law prohibits such a concentration of sex offenders. Laws pertaining only to Birmingham and Jefferson County restrict sex offenders from living together there.
Robinson compiled his numbers from notices the district attorney's office receives when a registered sex offender moves into the county. He points out that only two of the 49 men committed their crimes in Chilton County.
More than half of the 49 were convicted of rape. Most of their victims were minors, including many who were children.
Sheriff Davis said the men have not caused a problem. Robinson said he doesn’t want to wait until they do.
“I don't have the luxury to morally sit and wait until we have a child or a woman victimized by one of these men,” Robinson said in an email. “They have no ties to Chilton County and I would like to see them return to from where they came. We will take our troubled souls back, other counties should tend to their own as well. This community wants to send a message that we are not a landfill for the rest of the state to dump their sexual predators on.”
Ricky Martin, pastor of Triumph Church, declined an interview request from AL.com.
Logue said he doesn't know Martin or know about the program, but says the fact that the men haven't caused a problem seems noteworthy.
"Despite how they may feel about this group of people, it seems like the program is pretty successful," Logue said.
Bill pre-filed for January
Reps. Kurt Wallace, R-Maplesville and Paul Beckman, R-Prattville, are sponsoring House Bill 21, pre-filed for the legislative session that starts in January. It would define a lot where two or more unrelated sex offenders live as a “residential sex offender cluster.” It would make it illegal for a sex offender to live in a cluster that was not licensed by the sheriff. It would make it illegal for a person to own or operate an unlicensed cluster.
In addition to the place in Chilton County, Beckman said multiple sex offenders live in trailers on a piece of land in Autauga County.
“We’re right now trying to protect the public,” Beckman said. “And the public is saying to us right now in Chilton County and in Autauga County, ‘We don’t want to take care of other people’s sex offenders.’”
Wallace proposed a similar bill during this year’s legislative session, but it failed.
Logue spoke against that bill at a public hearing. He plans to return to speak against the new bill next year. “Most registered citizens are too afraid to speak out,” Logue said. “Somebody has to be a voice because so few of us are willing to speak out.”
Logue operates a website called Once Fallen.com and advocates for reforms of laws that limit where sex offenders can live and work. He supports punishment for sex crimes but says punishment should not continue after an offender has served his time.
Proponents of HB21 say sex offenders living together could negatively influence each other and make it more likely they will commit another crime.
"I don't like the idea that like minds are all together," Beckman said.
Logue takes issue with that and says sex offenders are not a homogenous group.
“We’re not all pedophiles,” Logue said. “We’re not all rapists.”
Proponents of HB21 say they would not oppose sex offenders living in facilities that effectively counsel or treat them, although they say they know of no such program. The bill would authorize the Alabama Department of Mental Health to promulgate rules for residential sex offender clusters.
David Jackson, chief operating officer for the department, said it does not certify treatment programs for sex offenders.
Concern about unintended consequences
A lawyer for a nonprofit organization that advocates for criminal justice reforms said there could be unintended consequences of restrictive laws that make it hard for sex offenders to find homes and jobs.
“First and foremost, I don’t think anyone disagrees that our first priority as a society should be to protect our children,” said Ateeyah Hollie, who works for the Southern Center for Human Rights in Atlanta. “While I appreciate the lawmakers attempt at doing so, my main concern is that they do so in a practical manner that won’t further endanger our community.
"The more restrictive we get with these residency and employment restrictions, the more likely we’re going to increase recidivism, which I don’t think is the lawmakers’ intent.” Hollie said instability in residency and employment are key factors in recidivism. Hollie spoke against the bill Wallace proposed during this year’s legislative session. She has not read the new bill.
Registration and residency restrictions on sex offenders gained national attention in the 1990s. Congress and states passed what were called Megan's Law, named after a 7-year-old New Jersey girl who was assaulted and murdered by a neighbor who was a convicted sex offender.
A 2012 report funded by the National Institute of Justice, "Sex Offenders: Recidivism and Collateral Consequences," examined the effect of sex offender registration and notification laws on recidivism.
The researchers found that the laws had limited effect on recidivism. The report said sex offenders have an overall low rate of recidivism but that some are high-risk, and that laws would be more effective if they targeted the high-risk offenders instead of all sex offenders.
Logue said some of the restrictions on residency and work amount to continual punishment after a prison sentence ends.
“When a person has served his time and they get out they should be given an opportunity to become a productive member of society,” Logue said. “We don’t treat murderers the same way. We don’t say murderers can’t live within 2,000 feet of another human being. That would be silly.”
Logue said there are effective rehabilitation programs.
"If we're really serious about trying to prevent reoffending, we should be doing things that we know work," Logue said. "Rehabilitation is not popular, but it's the right thing to do."
Wallace and Beckman said their bill would allow Alabama counties flexibility on how to handle sex offender clusters because it would be up to sheriffs to decide whether to license them.
"Until somebody comes up with a program that can be sanctioned by the state that proves we can improve the frequency of these guys reoffending, I'm just going with what I say is common sense," Wallace said.
© 2013 AL.com. All rights reserved.
http://blog.al.com/wire/2013/10/advocate_speaks_out_against_al.html
Sex offender speaks out against Alabama bill that would regulate sex offender clusters
By Mike Cason | mcason@al.com
on October 28, 2013 at 11:33 AM
 |
| I WANT YOU! To Fight HB 21 |
MONTGOMERY, Alabama --- A registered sex offender is doing what he says few other offenders will do, speaking out against a bill that would further restrict where they can live.
Derek Logue opposes a bill that would make it illegal for sex offenders to live at the same residence without a live-in monitor and a license from the sheriff. Legislators and a prosecutor in Autauga and Chilton counties say the licensing and monitoring are needed to protect the public from having large numbers of offenders in one place.
Logue says it’s already hard enough for them to rejoin society after leaving prison. They can’t live or work within 2,000 feet of a school or daycare.
“There’s not a lot of hope for us,” Logue said. “But transitional housing at least gives people some stability. What you want is to have a chance to reintegrate back into society.”
Logue said they need stability during the first couple of years after prison and said that's when they are more likely to commit another crime. He said the bill would effectively block halfway houses and group homes that could help offenders and reduce recidivism.
Officials in Chilton and Autauga counties say their priority is public safety.
C.J. Robinson, chief deputy district attorney for Autauga, Elmore and Chilton counties, said 49 sex offenders have lived at the same Chilton County address since 2010. An average of about 10 live there on most days, Sheriff Kevin Davis said. They live in trailers behind a small church. It’s not in a dense neighborhood, but there are houses scattered along the two-lane highway near Triumph Church, which is outside Clanton.
Robinson said nothing in state law prohibits such a concentration of sex offenders. Laws pertaining only to Birmingham and Jefferson County restrict sex offenders from living together there.
Robinson compiled his numbers from notices the district attorney's office receives when a registered sex offender moves into the county. He points out that only two of the 49 men committed their crimes in Chilton County.
More than half of the 49 were convicted of rape. Most of their victims were minors, including many who were children.
Sheriff Davis said the men have not caused a problem. Robinson said he doesn’t want to wait until they do.
“I don't have the luxury to morally sit and wait until we have a child or a woman victimized by one of these men,” Robinson said in an email. “They have no ties to Chilton County and I would like to see them return to from where they came. We will take our troubled souls back, other counties should tend to their own as well. This community wants to send a message that we are not a landfill for the rest of the state to dump their sexual predators on.”
Ricky Martin, pastor of Triumph Church, declined an interview request from AL.com.
Logue said he doesn't know Martin or know about the program, but says the fact that the men haven't caused a problem seems noteworthy.
"Despite how they may feel about this group of people, it seems like the program is pretty successful," Logue said.
Bill pre-filed for January
Reps. Kurt Wallace, R-Maplesville and Paul Beckman, R-Prattville, are sponsoring House Bill 21, pre-filed for the legislative session that starts in January. It would define a lot where two or more unrelated sex offenders live as a “residential sex offender cluster.” It would make it illegal for a sex offender to live in a cluster that was not licensed by the sheriff. It would make it illegal for a person to own or operate an unlicensed cluster.
In addition to the place in Chilton County, Beckman said multiple sex offenders live in trailers on a piece of land in Autauga County.
“We’re right now trying to protect the public,” Beckman said. “And the public is saying to us right now in Chilton County and in Autauga County, ‘We don’t want to take care of other people’s sex offenders.’”
Wallace proposed a similar bill during this year’s legislative session, but it failed.
Logue spoke against that bill at a public hearing. He plans to return to speak against the new bill next year. “Most registered citizens are too afraid to speak out,” Logue said. “Somebody has to be a voice because so few of us are willing to speak out.”
Logue operates a website called Once Fallen.com and advocates for reforms of laws that limit where sex offenders can live and work. He supports punishment for sex crimes but says punishment should not continue after an offender has served his time.
Proponents of HB21 say sex offenders living together could negatively influence each other and make it more likely they will commit another crime.
"I don't like the idea that like minds are all together," Beckman said.
Logue takes issue with that and says sex offenders are not a homogenous group.
“We’re not all pedophiles,” Logue said. “We’re not all rapists.”
Proponents of HB21 say they would not oppose sex offenders living in facilities that effectively counsel or treat them, although they say they know of no such program. The bill would authorize the Alabama Department of Mental Health to promulgate rules for residential sex offender clusters.
David Jackson, chief operating officer for the department, said it does not certify treatment programs for sex offenders.
Concern about unintended consequences
A lawyer for a nonprofit organization that advocates for criminal justice reforms said there could be unintended consequences of restrictive laws that make it hard for sex offenders to find homes and jobs.
“First and foremost, I don’t think anyone disagrees that our first priority as a society should be to protect our children,” said Ateeyah Hollie, who works for the Southern Center for Human Rights in Atlanta. “While I appreciate the lawmakers attempt at doing so, my main concern is that they do so in a practical manner that won’t further endanger our community.
"The more restrictive we get with these residency and employment restrictions, the more likely we’re going to increase recidivism, which I don’t think is the lawmakers’ intent.” Hollie said instability in residency and employment are key factors in recidivism. Hollie spoke against the bill Wallace proposed during this year’s legislative session. She has not read the new bill.
Registration and residency restrictions on sex offenders gained national attention in the 1990s. Congress and states passed what were called Megan's Law, named after a 7-year-old New Jersey girl who was assaulted and murdered by a neighbor who was a convicted sex offender.
A 2012 report funded by the National Institute of Justice, "Sex Offenders: Recidivism and Collateral Consequences," examined the effect of sex offender registration and notification laws on recidivism.
The researchers found that the laws had limited effect on recidivism. The report said sex offenders have an overall low rate of recidivism but that some are high-risk, and that laws would be more effective if they targeted the high-risk offenders instead of all sex offenders.
Logue said some of the restrictions on residency and work amount to continual punishment after a prison sentence ends.
“When a person has served his time and they get out they should be given an opportunity to become a productive member of society,” Logue said. “We don’t treat murderers the same way. We don’t say murderers can’t live within 2,000 feet of another human being. That would be silly.”
Logue said there are effective rehabilitation programs.
"If we're really serious about trying to prevent reoffending, we should be doing things that we know work," Logue said. "Rehabilitation is not popular, but it's the right thing to do."
Wallace and Beckman said their bill would allow Alabama counties flexibility on how to handle sex offender clusters because it would be up to sheriffs to decide whether to license them.
"Until somebody comes up with a program that can be sanctioned by the state that proves we can improve the frequency of these guys reoffending, I'm just going with what I say is common sense," Wallace said.
© 2013 AL.com. All rights reserved.
Sunday, October 13, 2013
Welcome to recycled failed law theater starring Steve Hurst and Kurt Wallace
HB 14: Sex Offender Castration Bill
HB 14: Hurst Crimes and Offenses H Pending Committee Action in House of Origin Judiciary 10/2/2013
Criminal sex offenders over age 21, sex offenses against child 12 years of age or younger, surgical castration required prior to release from custody of Corrections Department
House Bill 14 is very straightforward, of course. Below is the Sponsor's information:
STEVE HURST
State House: Room 627-C
11 S. Union Street
Montgomery, AL 36130
(334) 353-9215
District: 155 Quail Run Road
Munford, AL 36268
Home Phone: (256) 761-1935
VERDICT: It should go without saying ReFORM-AL strongly opposes this bill.
HB 21: Revised Anti-Cluster Bill
Senator Wallace's recycled "anti-clustering" bill, now known as HB 21, on the other hand, is far more complex. I'd like to think the vastly modified anti-clustering law was at least partially the result of the efforts of ReFORM-AL. This bill is about 12 pages long so I will just summarize the bill:
1. The bill defines a "sex offender cluster" as any property, including a hotel, apartment building, or multi-family unit; and it still bars two or more unrelated registrants from living in the same unit. (Unlike last year's law, the 500 foot residency restriction from other registrants is not in this provision).
2. This bill sets guidelines for the creation and regulation of "large residential sex offender clusters." No registrant or felon can run a facility; the Mental Health Dept. establishes guidelines for facilities, but the sheriff decides who gets licenses; cannot house more than 30 registrants in any one location; the facility must pay a $100 licensing fee + $20 per registrant fee.
3. Repeals the Jefferson County anti-clustering law passed in 2010
VERDICT: Wallace is still motivated by shutting down the facility in his county, and this latest attempt at getting what he wants. His loftier speech is not fooling me. There are a few parts of the bill I can agree with, such as repealing the Jefferson Co. anti-cluster law and some of the standards adoptions are good, but this bill is still a cluster of bad laws. As written, this bill is still bad and this, ReFORM-AL opposes.
Below is the contact info.
REPRESENTATIVE KURT WALLACE
State House: Room 427-J
11 S. Union Street
Montgomery, AL 36130
(334) 242-7772
Home Address: 24 Maple Drive
Maplesville, AL. 36750
Work Phone: (334) 366-4211
Email: representativewallace@gmail.com
REPRESENTATIVE PAUL BECKMAN
State House: Room 427-D
11 S. Union Street
Montgomery, AL 36130
(334) 242-7499
District Address:
1803 Tara Drive
Prattville, AL. 36066
P.O. Box 680155
Prattville, AL. 36068
Home: (334) 361-0977
Work: (334) 834-4808
District: (334) 323-5918
Cell: (334) 300-1780
Fax: (334) 834-4801
Email: paulbeckmanjr@yahoo.com
 |
| A visual representation on Alabama's 2014 Legislative Session |
AL.com on Kurt Wallace's anti-cluster law: http://blog.al.com/wire/2013/10/legislators_want_to_require_li.html
Clanton Advertiser on Wallace's bill:
http://www.clantonadvertiser.com/2013/10/23/sex-offender-bill-pre-filed/comment-page-1/#comment-22713
The Drs TV show discusses the castration law:
http://www.thedoctorstv.com/videolib/init/9956
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