Letter to the Editor: New Sex Offender Law will cost the state much more money than it will lose

The Marion County Journal Record serves the rural area of Marion County, and does not have online service. However, this letter to the editor is a very good one and worth sharing. Below is the article, copied verbatim:

Editor

Marion County Journal Record

PO Drawer 1477

Hamilton AL 35570

September 14, 2011

Dear Editor,

I am writing in response to your front page article titled, “New State Laws Govern Sex Offenders,” dated September 14, 2011.

The Laws are not needed to "prevent" anything from happening. After all it is a proven fact NO LAW PREVENTS CRIME!!! Yet this new law supposes that it can prevent crime while enforcing stricter standards on individuals who have successfully completed their sentences and the state is trying to find lame excuses to lock up these individuals.

This new law is tantamount to the legislature passing a new law that would restrict travel to anyone who has ever had a speeding ticket and require that they wear a GPS to monitor their speed while driving. The reason would be that convicted speeders are more likely to engage in future speeding so we have to monitor them.  There would be a public outcry! The difference here is that we are dealing with former sex offenders and therefore it is OK. Well, it isn’t.

This new law passed here in Alabama brings Alabama into compliance with the Adam Walsh Act (AWA), which is short for “The Adam Walsh Child Protection and Safety Act of 2006.”  The controversial federal sex offender law intended to standardize sex offender laws across the country. The AWA is an attempt to pass minimum national standards and continuity in sex offender legislation. Every state must substantially comply with the SORNA (public registry) provisions of the AWA by July 2009 or take a 10% cut in Federal law enforcement grants. That deadline was extended twice, first to July 2010 then 2011.  As of the July 27, 2011 deadline, 14 states, 9 Native American tribes, and 1 US Territory have become "substantially" compliant with the AWA.

The state felt pressured to pass a quick law due to the threat of losing 10% of Byrne/ JAG funds if they failed to comply. Our state government is using “Predator Panic” to keep the flow of federal money to the state, create jobs and to make the politicians look good in the eye of the general public so they can get re-elected. It is all about the money. That, and trying to find lame excuses to lock up people who have successfully completed their sentences… keep them in the system so that the state can continue to receive funding for their programs.

Alabama did not learn from Ohio's bad example. Alabama needed only look at recent history with Ohio's battle over the AWA (known in Ohio as SB 10) to see why the law was such a bad idea. Ohio’s law has twice been declared unconstitutional, which opponents had warned would happen. Thousands of sex offenders have been or will be reclassified — two times. The funding the state stood to lose if it did not conform — typically hundreds of thousands of dollars a year — has been offset by millions spent complying with the law and defending against thousands of lawsuits. (read the full article at http://www.dispatch.com/content/stories/local/2011/07/31/ohio-sex-offender-registry-a-mess.html )

To make matters worse for the state, the new law does not allocate state funding for enforcement. Combine this fact with the fact that this law will definitely increase the prison population for petty violations; the State of Alabama will be in the same situation as Ohio, spending millions while only recouping hundred of thousands of dollars.

I would also like to mention that the Times Daily in Florence published an article on Sunday August 21, 2011 titled, “Professors warn about new sex offenders law” (read the full article at http://reformalabama.blogspot.com/2011/08/times-daily-professors-warn-about-new.html ). The article states that 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. 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.

This new law is a lose/lose situation. The new law violates Due Process Rights, Violates the U.S. Constitution Ex-Post-Facto clauses, and it is unnecessarily punitive to the individual while placing an undue burden on the former sex offender to comply. And in a time when states are experiencing a financial crisis, this new law will cost the state much more money than it will lose… money we don’t have… Money that could be used for education instead of prisons.

Respectfully,

Richard Jackson, Jr.

Marshall County woman in land dispute with Registrant

 

What is it with WAFF? This is the second stupid registrant bashing story this week. Had the man in question was not a registrant, this would not be news. Plus the woman needs to be in trouble for harassment.

http://www.waff.com/story/15537897/woman

Marshall County woman in land dispute with sex offender

Posted: Sep 23, 2011 7:57 PM EDT Updated: Sep 23, 2011 7:58 PM EDT

By Stephen McLamb - bio | email

GRANT, AL (WAFF) -

There is a land dispute in Marshall County between a woman and a convicted sex offender.

He has allegedly moved onto the woman's property without permission.

That's at 588 Newport highway just outside of grant, the property owner told us she's working to get him off her land.

The man was living next door but was picked up in a roundup last month when it was discovered a child was living there.

He then created a residence next door and law enforcement says they cannot do anything about property line disputes.

"That's definitely an issue when you have little girls running around. I mean, you worry about the children," said Karla Hardin, who says the man is on her property.

Hardin said she always worries about sex offenders living near her but she never believed it would be on her own property.

"So he lives in a shed running a power cord from his shed to his wife's single wide," said Hardin.

Sheriff's officials confirmed to WAFF 48 news that Steven Edward Southers was picked up in a recent roundup when it was determined he was living in a mobile home with a child.

But after he made bond, Hardin says he put up a shed she said is 30 feet on her property, so she sought law enforcement to have him removed.

"I went to the courthouse and I've been told to go to civil court over this because it's a property line issue," said Hardin.

Despite having a survey done Wednesday and the property line marked between the structure and his former residence, Hardin says he hasn't left.

For now Hardin told us all she can do is warn the public about who is living on her property with a sign, but she says even that caused trouble.

"Police were out here last night and they left and my sign is still hanging," said Hardin.

Southers said the deeds were messed up years ago and that he's on his own property.

Hardin says she will have to spend her money for civil court to get him off of her property.

Copyright 2011 WAFF. All rights reserved.

"The Silver Haired Legislature" looks to out registrants in nursing homes

This is a bad idea borrowed from similar states like Oklahoma, which is trying to create segregated nursing homes for registrants. And Alabama remembers just how well segregation worked in the past, right? Another stupid report from WAFF 48. They should change their affiliation to FOX.

http://www.waff.com/story/15430737/sex-offenders-in-nursing-homes-a-waff-48-news-special-report

Cullman County, AL (WAFF) -

It's the last place you might expect to find a sex offender living, but it's places like nursing homes you would think would be the last place they could be lurking. 

Currently in Alabama, there's no law that says a nursing home has to disclose if a sex offender lives there or is being admitted. But a one group is trying to change that.

For three years, Tonya Glassco was the primary caregiver for her 79-year-old mother-in-law, Valeria Freeman.

She and her husband moved in with her and couldn't foresee ever moving out because she was in such poor health and her Alzheimer was getting worse.

When Glassco got sick, she and her husband made the decision to place her mother-in-law in a nursing home. She said it was the hardest decision she ever had to make and it was just her mother in law.

She looked at least four facilities. She asked numerous questions about the facility, its staff and policies. She also asked if there were any sex offenders living in the facility.

Hazel Bentley Kine with The Silver Haired Legislature, a group devoted to addressing the needs of our elderly, said she found out there were attacks being done to our seniors in nursing homes. So she has sponsored a resolution in the Silver Haired Legislature requiring all nursing homes to disclose if a registered sex offender is currently residing or is being admitted into a facility.

Kine said she has written a resolution for the last three years asking simply that notification be given for seniors who are in these facilities of any sexual offender that is on the premise.

Currently, no such law exists in Alabama and Representative Jeremy Oden of Cullman wants to change that. He presented a bill in the house this last session. House Bill 186 requires notification be given to all residents of any sexual offender residing in a facility.

The bill mandates that the owners of the nursing home or assisted living facility that if they receive an individual who may be a sexual predator that they first notify the residents. They also notify The Department of Senior Services and also the local district attorney there is a sex offender in that facility.

It didn't make it up for a vote this session, but Oden plans to reintroduce it in the next session.

Oden said there is no data as to how many sex offenders are living in Alabama nursing homes. He said as far as residents being assaulted, right now there's not a very good record of that but said it's a small number.

But according to a nursing home watchdog group, in 2008 there were over 1600 registered sex offenders living in facilities with seniors across the country. But members of the Silver Haired Legislature said there really is no way of knowing how many seniors are attacked in facilities, because many go unreported. [MY NOTE: Again with the underreporting myth]

Members of The Silver Haired Legislature said if residents don't remember it they can't report it. Even if it is reported, if they can't identify their predator, they can't testify against him.

Frank Brown, President of The Alabama Nursing Home Association said under Alabama law, nursing homes are prohibited from admitting anyone who might be a danger to themselves or the general population.

Nursing homes do screen potential employees for sexual offenses. But as for potential residents Brown said screenings are not required.

Brown, who also owns a nursing home, admits the association hasn't really looked closely at the bill. But he said he really doesn't see this as a problem in Alabama. He said there has been but one or two sexual instances in nursing homes in the state since his 35 years in the business.

Brown said he's not opposed to providing notification, but if nursing facilities are required to do background checks on residents, it will be an expensive process. With the average stay in a nursing facility around six months, Brown said he just doesn't think residents are at risk.

"Is a bank robber going to rob a bank from my nursing home? is a car thief going to go steal another car? folks in nursing homes are awfully sick. they don't get around to much," he said.

Members of the Silver Hair Legislature said if this bill is made into law, it would protect the facility, the residents and the families.

Carol Oden said it would be peace of mind knowing that her family member would be taken care of and she would know that they would not be mistreat in any way and they would be safe.

Glassco said that is a primary concern for her mother-in-law who she says is confined to a wheelchair. She said she just doesn't want anyone to take advantage of her. 

Until House Bill 186 becomes law, it's up to the individual to ask for information relating to sex offenders living in nursing homes and long term care facilities. Brown said if the bill picks up steam The Alabama Nursing Home Association will take a look at it, and suggest changes if needed. He said if it is a good bill, the association will support it. If it is not, they assure the bill would not pass.

Copyright 2011 WAFF. All rights reserved.

Times Daily: Professors warn about new sex offenders law

The Times Daily has written a few good articles on the subject of sex offenders, and this article is no exception. The only criticism I have is they did not mention the state felt pressured to pass a quick law due to the threat of losing 10% of Byrne/ JAG funds if they failed to comply with SORNA.

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.

J.J. Prescott, University of Michigan Law School professor, and Jonah E. Rockoff, Columbia University Business School professor, tracked sexual offender data after states established sex offender registries. The duo did not study Alabama's new law but analyzed similar laws in other states for their report.

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.

Alabama's final version of the new SORNA law... all 100 pages of it

After seeing the new law I can see why there was some confusion in the media. While HB 378 got lots of attention, a similar bill, SB 296, was signed by the Governor and this is the law that passed in July 2011. Well, if you have a whole day to read it, knock yourself out. I will have my own analysis up soon. Until then, here is the link to the new law, all 100 pages of it.

http://www.interstatecompact.org/LinkClick.aspx?fileticket=VliFUF4LZIs%3d&tabid=292&mid=824&forcedownload=true

I recently updated my Adam Walsh Act page on my main site at once Fallen. Feel free to check it out:

http://www.oncefallen.com/AdamWalshAct.html

Alabama did not learn from Ohio's bad example

"Those who cannot remember the past are condemned to repeat it." -- George Santayana, The Life of Reason (1905-06)



Many people in Alabama are panicking over the revised Alabama SORNA law (which brought the state into Adam Walsh Act federal compliance) which took effect July 1, 2011, which has been covered here over the past few months. Alabama needed only look at recent history with Ohio's battle over the AWA (known in Ohio as SB 10) to see why the law was such a bad idea.


A recent editorial in the Columbus Dispatch explains it quite well (no surprise, I was one of the critics):


http://www.dispatch.com/content/stories/local/2011/07/31/ohio-sex-offender-registry-a-mess.html

Ohio sex offender registry a mess

Supreme Court has twice ruled it unconstitutional

By  David Eggert

The Columbus Dispatch Sunday July 31, 2011 9:15 AM

Four years after Ohio hurried to comply with a federal law by retroactively toughening the reporting and registration requirements for sex offenders, the state could be forgiven for having buyer’s remorse.

Ohio’s law has twice been declared unconstitutional, which opponents had warned would happen.

Thousands of sex offenders have been or will be reclassified — two times.

The funding the state stood to lose if it did not conform — typically hundreds of thousands of dollars a year — has been offset by millions spent complying with the law and defending against thousands of lawsuits.

“It was a colossal boondoggle,” said Jay Macke, an assistant state public defender.

And the issue remains unsettled, despite the Ohio Supreme Court striking down more of the law this month in a decision that could have implications across the country.

In 2007, Ohio adopted the federal Sex Offender Registration and Notification Act, part of a broader 2006 federal law named for Adam Walsh, a 6-year-old Florida boy who was abducted and killed in 1981.

It won unanimous approval from the legislature partly because there was a price for not going along – a 10 percent reduction in federal law-enforcement assistance grants. The federal government in 2009 applauded Ohio for becoming the first state to “substantially implement” the sex-offender law, which created a national system for the registration of sex offenders.

Ohio offenders were reclassified into three tiers based on the crime, no longer considering their likelihood of reoffending. They had to register for longer periods and report to authorities more often, and some once considered lower-level offenders were added to the registry for life instead of a decade.

The changes were applied retroactively to 26,000 sex offenders who committed their crimes before the law went into effect in 2008, something critics at the time said was blatantly unconstitutional.

It turns out they were right.

While the Ohio Supreme Court initially declined to step in and block the law from taking effect, it struck down portions of the law in 2010, reverting 19,000 offenders back to their status under Ohio’s previous sex-offender statute, Megan’s Law.

Then, about 7,000 offenders benefited from a major ruling this month that said the law could not change their punishment after the fact.

“When we name laws after people, it’s usually a mistake,” said Jeff Gamso, former legal director for the American Civil Liberties Union of Ohio who has fought Ohio’s retroactive sex-offender law. “ They’re driven by immediate passions and not by a whole lot of attention to what makes sense.”

Ohio, he said, has a lot of work ahead in deciding how to handle the fallout from the latest Supreme Court decision.

It is a crime for sex offenders to fail to register and verify their whereabouts. But some still listed on the registry would have come off by now under Megan’s Law, or possibly would not have had to register in the first place.

What if they were jailed for not registering or checking in with authorities under an unconstitutional law?

“The years of confusion continue,” Gamso said.

Attorney General Mike DeWine has another concern — making sure sex offenders affected by the latest ruling still have to sign up for the registry. His office began meeting with lawmakers last week to discuss their status.

DeWine said he is not sure yet whether new legislation will be needed.

“The court has told us what we can’t do, which we accept,” he said. “What we need to make sure is if they are still covered under the previous law.

“We have a duty to look at this and make sure we get it right.”

Sex offender George Williams of Cincinnati — one of thousands to challenge Ohio’s law — won the latest legal fight in the state’s high court. Now 23, he pleaded guilty to having unlawful sexual conduct with his 14-year-old girlfriend when he was 19.

For critics, Williams is the poster child for what is wrong with the sex-offender registry.

At the time of the crime, he likely would have been labeled a sexually oriented offender and been required to register for 10 years. However, under the Adam Walsh Act provisions, he was subject to 25 years.

Williams was sentenced to two months of jail and three years of community control, similar to probation. He and the victim had a child together, and she and her family wanted him to have contact with the child.

“If I have some predator living near me, I’d like to know that. But does this really get it done?” asked Franklin County Common Pleas Judge David E. Cain.

He questioned whether the public is served by a registry with tens of thousands of offenders on it. Tougher reporting requirements and more restrictions on where offenders can live make it more likely they will not comply and leave their whereabouts unknown, he said.

“I’m not sure it ever had a chance of doing what (legislators) intended, to make the state safer from sexual offenders,” Cain said. “They have the right intentions, but they don’t always think them out too well.”

deggert@dispatch.com

Yet more rules in the new SORNA law

This law needs to be fought. There are plenty of fees and it is obvious the intent is to circumvent previous laws that made it illegal to incarcerate individuals for being homeless.Until I can get a complete copy of the law AS PASSED, then I can't even say what other hidden rules there are. Why was the state legislature so quick to pass this bill and so quick to take it down after it was passed? Hm.

At any rate, this list is expanded from earlier reports. Once I get a full copy of the bill as passed (the final version) will post it up.

http://www.timesdaily.com/article/20110727/ARTICLES/307279990/1011/NEWS?Title=New-rules-for-sex-offenders

Key points of 2011 Alabama sex offender law

• Repeals earlier sex offender law passed in 2005, but incorporates parts of later laws.

• Requires adult sex offenders to remain in the state sex offender registry for life but makes exceptions for some younger offenders.

• Requires offenders to report plans to be away from home address for more than three days or any out-of-state travel.

• Requires day laborers to report when and where they will be on the job each day.

• Requires adult offenders to verify registration information every three months and pay $10 fee for updating.

• Requires homeless offenders to re-register and pay $10 updating fee every seven days.

• Requires offenders defined as sexual predators or convicted of violent sexual offenses to wear a global positioning device at a cost up to $15 per day.

• Allows offender to petition court for relief from lifelong reporting requirements if the offense was a crime only because of the victim’s age (consensual sex with a minor).

• Requires offender to register with local law authorities within three days after moving to county and/or attending school in county.

• Requires offender to update information within three days with every move or change in school.

• Expands information offender must give to law enforcement to include vehicle information, telephone numbers, Internet and email addresses, palm prints, passport/immigration documents and professional licenses.

More news about the new law to take effect July 1st

It seems this new law recently passed is even worse than previously thought. The Cullman Times reports even MORE new provisions to the newest law taking effect July 1st, 2011. The Day Labor law will effectively prevent registrants from obtaining employment, as most day laborers don't even know where they will work. Who will be able to afford the fees and GPS? It is obviously a ploy to incarcerate those on the list.

http://www.cullmantimes.com/local/x1277747145/Tough-new-sex-offender-law-goes-into-effect-July-1

A few other significant changes to the sex offender law include:

• Registered sex offenders who are homeless are required to check in once a week.
• Those who do day labor must provide local law enforcement with details about where and when they will be working each day.
• Sex offenders will have to pay a $10 fee every time they register. That same fee will also be charged for every move.
• A travel permit is required through local law enforcement if a sex offender plans to be away from their residence for more than three days or if they plan to travel outside the area.
• Those sex offenders who have been classified as sexual predators or convicted of sexually violent crimes will be required to wear a Global Positioning System (GPS) for 10 years, at their own expense.
• Some youthful offenders and juveniles, those charged with more serious sex crimes, will have to register for a lifetime instead of 10 years.

State's sex offender laws get tougher

No surprise since no one is fighting anything there. No one has contacted me in support of this site since it began a year ago. If you don't voice your opposition when it is in session, it is harder to fight laws after they pass.

http://thedailysentinel.com/news/article_14e764b0-9798-11e0-9bc8-001cc4c002e0.html

State's sex offender laws get tougher

Posted: Wednesday, June 15, 2011 4:47 pm

By DeWayne Patterson

Gov. Robert Bentley recently signed legislation making Alabama's existing sex offender registration laws tougher.

"They needed to be tougher," said Jackson County Sgt. Investigator Paul Smith, who oversees the county's sex offender registration. "There's some really good changes. At the same time, it's going to double everyone in the state's workload, but that's not a bad thing."

Smith said, effective July 1, sex offenders must register quarterly or four times per year rather than only twice. Previously, a sex offender moving into Alabama had seven days to register. Smith said that's been changed to immediately.

Sex offenders will now also be required to pay a $10 fee each time of registeration or transfer of residence.

Smith said the new law also changes it from a misdemeanor to a felony for a sex offender to deface or alter an identification card.

It will also be a felony to harbor, assist conceal or withhold information about a sex offender. "We've been screaming about folks hiding offenders for years," said Smith. "Now, they can be charged."

Jackson County currently has 72 adult sex offenders, according to Smith, seven of which are currently incarcerated.

It really IS all about the money-- AL SORNA

The truth comes out-- it is all about the money. That, and trying to find lame excuses to lock up people who have completed their sentences. Considering how few actually have a job due to Predator Panic, how do they expect someone who has no job to pay $250? This law is unconstitutional. Make those who want this useless info pay the fees instead. I'd refuse to pay.

http://www2.wrbl.com/news/2011/jun/02/bill-tighten-ala-sex-offender-registration-heads-b-ar-1920918/

Bill to tighten Ala. sex offender registration heads to Bentley

The bill would require weekly registration from homeless offenders.

By Alison Flowers
Published: June 02, 2011

The Alabama Senate unanimously passed measures to tighten the state's existing sex offender registration law Thursday. The bill is now headed to Governor Robert Bentley's desk for approval.

The new requirements would prohibit a sex offender who abused a sibling from living under the same roof as the person they abused. Homeless offenders would have to register weekly with law enforcement until they secure a permanent address. All offenders would have to supply extra information to be made public, under the proposed law.

But the measure that Lee County Sheriff Jay Jones says is long overdue: the $250 offender registration payment.

"Every time an individual moves, we have to notify the area where they're moving, and there's an expense involved each time."

Federal law mandates the sheriff's office track sex offenders, an endeavor that involves software and fees.

"The public wants to know, and they need to know in regard to these individuals in their neighborhoods, but it can be an expensive proposition at some point," Jones said.

AL one step closer to passing SORNA

My guess is they are more motivated by money. It is unnecessary to add more registration requirements. They must not realize it will cost them more to implement this stupid law than reject it.

http://www.wncftv.com/localnews/House-Passes-Bill-to-Stregthen-Sex-Offender-Laws-122537014.html

House Passes Bill to Strengthen Sex Offender Laws

By Morgan Hightower

Members of the Alabama House of Representatives Tuesday voted to strengthen the state’s sex offender laws, passing a bill sponsored by Rep. Blaine Galliher (R-Rainbow City) that would close loopholes in current law and require more frequent and thorough registration of sex offenders in Alabama.

House Bill 378, known as the Sex Offender Registration and Notification Act, would strengthen current law by requiring sex offenders to give local law enforcement more information when registering, including vehicle information, telephone numbers, Internet identifiers, email addresses, palm prints, travel documents and professional licensing information. Sex offenders would also have to register four times a year instead of the current requirement of two registrations per year.

Representative Galliher said updating Alabama’s sex offender laws will create better awareness of what sex offenders reside in the community, enabling the public to better protect themselves.
“Registration and notification laws protect the community and serve to deter sex offenders from future crimes,” Representative Galliher said. “Requiring more frequent and thorough registration will maintain better contact between sex offenders and law enforcement, providing police and sheriff’s offices with the tools they need to identify, monitor and track sex offenders. We’re looking out for victims, and giving our communities the resources they need in the law to keep families safe.”

The bill also closes a loophole that makes it difficult to enforce registration and notification requirements for homeless sex offenders by mandating that, until they obtain a permanent residence, homeless sex offenders must register with local law enforcement once a week. Another provision in the bill makes it a felony for a sex offender to contact or harass his or her victim.

House Bill 378 also brings Alabama up to date with federal sex offender law by ensuring that a comprehensive list of sex offenses is applicable to registration and notification requirements.

A similar bill has passed the Senate. Representative Galliher said he would work with the Senate Sponsor, Senator Cam Ward to combine the bills and ensure the strongest possible law ultimately passes.

(Information Source: Rep. Galliher's Office) 

Here is Blaine Galliher's info:

http://www.legislature.state.al.us/house/representatives/housebios/hd030.html

State House:	Room 519-C 11 S. Union Street Montgomery, AL 36130 (334) 242-7674	District:	Post Office Box 4353 Gadsden, AL 35904-4353
Home Phone:	(256) 442-7517	Email:	blaine2@mindspring.com

Rep. Steve Hurst [D-Munford] has pushed legislation authorizing castration 4 years

Rep. Steve Hurst, D-Munford, has pushed legislation authorizing castration for four long years now. However, given the political climate in Alabama, it is always worth noting. Personally politicians like him should be surgically lobotomized

http://annistonstar.com/bookmark/12644488-Local-legislator-wants-pedophiles-castrated

Local legislator wants pedophiles castrated

by Patrick McCreless
Star staff writer

04.06.11 - 03:00 am

Rep. Steve Hurst wants to protect children from p***s and sees castration of certain sex offenders as the way to do it, though at least one civil rights group disagrees with him.

Hurst, a Republican from Talladega, has proposed a bill that would require convicted child molesters to be surgically castrated under certain conditions. Specifically, the bill states that anyone more than 21 years old convicted of certain sex offenses against a child 12 years old or younger must be surgically castrated before being released from the state Department of Corrections.

“We need something to protect the children out here,” Hurst said. “They can’t protect themselves.”

Olivia Turner, executive director of the Alabama chapter of the American Civil Liberties Union, said in a Tuesday email to The Star that while Hurst’s intentions are good, he is going too far with his bill.

Turner said the castration bill is based on a false premise that sexual assault is the product of an uncontrollable sex drive.

“The reality is that sexual crimes are about violence, power and the humiliation of a survivor or victim, which is why a castrated sex offender can still be a serious danger,” Turner wrote. “The highest priority for members of the Legislature working to reduce repeat offenses by sex offenders should be an examination of the effectiveness and availability of psychological treatment for sex offenders in the custody of the Alabama Department of Corrections.”

Currently in Alabama, convicted pedophiles released from prison must file with the sex offender registry in the county where they will live. They are not allowed to live near schools or churches. County sheriff’s offices are required to routinely check up on the sex offenders in their jurisdiction to ensure the offenders’ addresses still correspond to what is listed in the registry.

Along with surgery, there is also the option of chemical castration, in which a male is required to take routine injections of a chemical that suppresses the amount of testosterone he produces, thereby lowering his sexual urges, said Fred Berlin, founder of the Johns Hopkins University sexual disorder clinic.

Either method has been shown to suppress sexual urges among some pedophiles, Berlin said in contrast to ACLU’s view.

“It can lower the intensity of their sexual desires,” Berlin said. “There is pretty good evidence that if you lower testosterone, you lower sex drive.”

Chemical castration has been used in other states as a means to deter pedophiles from molesting children.

Eight states currently permit chemical castration under certain circumstances, including Georgia, California, Florida, Louisiana, Montana, Oregon, Texas and Wisconsin.

Berlin noted that different chemicals can be used to suppress the sex drives in female p****s as well.

“It’s very unusual for pedophilia to occur among women, but it does happen,” Berlin said. “There are testosterone-like hormones that are important in the sexual drive of women and there are drugs that can suppress that.”

Hurst, however, said he prefers surgical castration.

“The chemical castration, that’s fine as long as they are taking the medication, but who is to say they will continue taking it,” Hurst said.

Berlin disagreed with Hurst.

“There is really no reason to do surgical castration,” Berlin said. “The monthly chemical injections can be monitored … and one can completely reverse the surgical effects by taking testosterone.”

Berlin added that castration is not a guarantee a sex offender will not try to molest a child again, since it cannot suppress urges completely and because pedophilia can be caused by biological or mental factors.

“There is some preliminary biological evidence for causes of pedophilia,” Berlin said. “And it does appear some boys who are sexually abused can be warped in their sexual development and can develop pedophilia.”

Berlin agreed with the ACLU that psychological treatment for pedophiles was a viable option.

“There are many treatments, such as group therapy that is similar to therapy for alcoholics,” Berlin said.

Even though Republicans now control the state Legislature, Hurst could not say if the bill would pass.

“I think it will be the mood of the people, regardless of who is in control,” he said. “I’d like to pass something. If we can save one child … not to be mentally destroyed, that’s what I want to do.”

Contact staff writer Patrick McCreless at 256-235-3561.
Yes, Hurst has barked up this tree before unsuccessfully:

http://www.tuscaloosanews.com/article/20090208/NEWS/902070238/1007?tc=ar

I have just released an article on Castration Laws-- Read it here:

http://www.oncefallen.com/castration.html

No one has taken him seriously... yet, but we are always one high profile case away from having this abominable law passed.

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

Proposed law would tighten registration, work requirements

Great, just when I thought it would be a quiet year in AL, this crap happens: legislature to increase work restrictions from 1000 to 2000 ft and increase registration 6 months to 3 has been introduced. Blaine Galliher is the sponsor:

State House:	Room 519-C 11 S. Union Street Montgomery, AL 36130 (334) 242-7674	District:	Post Office Box 4353 Gadsden, AL 35904-4353
Home Phone:	(256) 442-7517

Email: blaine2@mindspring.com

Be sure to focus on the Judicial committee as well. ReFORM Alabama opposes this bill in every aspect excet the "Romeo and Juliet" provision. The intent is bring Alabama more in tune with the controversial Adam Walsh Act.

http://www.gadsdentimes.com/article/20110422/NEWS/110429914/-1/OPINION01?Title=Proposed-law-would-tighten-sex-offender-requirements&tc=ar

Proposed law would tighten sex offender requirements

By Lisa Rogers
Times Staff Writer

Published: Friday, April 22, 2011 at 9:27 p.m. 

Alabama already has some of the toughest laws in the United States for convicted sex offenders, but Rep. Blaine Galliher, R-Rainbow City, has introduced legislation to make them even tighter.

The bill is out of committee in the House and Senate and could come up for a vote during this session.
“It brings the state into compliance with federal laws and strengthens the current law and closes some loopholes,” Galliher said.

Current sex offender laws are addressed in three or four sections of the state law's code books, but this bill places it all in one section.

“It makes it easier to read and comprehend,” Galliher said.

The law would prohibit an adult sex offender from living within 2,000 feet of the victim, rather than 1,000 feet, Galliher said.

It also adds a restriction prohibiting a sex offender from working within 2,000 feet of a school or child care facility.

It requires juveniles who commit violent offenses to follow the same guidelines as adult sex offenders and prohibits the youthful offender laws from being a factor in those cases.

Sex offenders also would be required to verify registration every three months instead of six months.
Anyone who is homeless now will be required to check in with law enforcement every week.

The new law also makes it a requirement for all convicted sex offenders, regardless of when the offense or conviction occurred, to register for the rest of their lives.

It will require sex offenders to provide more information to law enforcement and the sex offender public registry website, such as their employers, license plate numbers, vehicle information, telephone numbers, Internet identifiers and email addresses. The public registry website also will require a criminal history of all sex-related crimes.

The sex offender now must register within three days of changing or updating any information or within three days of entering a county to live, work or attend school.

There is a substantial revision for the process that determines if someone is a considered to be a sexual predator. It no longer will be based on mental issues, but on the person's prior record.

The law also prohibits sex offenders from contacting or harassing their victims.

One of the loopholes the bill addresses is requiring all sex offenders to sign a form each time they register, stating they understand their responsibility.

There also is a new provision addressing consensual sex.

If there is no more than four years' difference in the ages of the juvenile offender and victim and the sexual contact is consensual, it is at a judge's discretion to determine if the offender must register as a sex offender.

Sheriff Todd Entrekin said the tougher law is going to create more work for the sheriff's office, but that is a problem he doesn't mind.

“It will push more of the sex offenders out into the county, because the 2,000-feet requirement will make it more difficult for there to be places that sex offenders can live in the cities,” he said. “But it's worth it. Anything we can do to keep up with these sex offenders, we're going to do our part.”

Copyright © 2011 GadsdenTimes.com — All rights reserved. Restricted use only.

Letter in favor of treatment exclusion to Jefferson Co. anti-clustering law

This was sent specifically to State Rep. Todd because she has spoken publicly about the need to reform sex offender laws in Alabama. Adding an exclusion to B'Ham's sex offender laws to allow Shiloni Transformation Ministries to resume housing for former offenders would be a nice start.

I'd like to ask other readers to contact State Rep. Todd- maybe she can propose a bill to allow halfway house services in Birmingham to resume. 

http://www.legislature.state.al.us/house/representatives/housebios/hd054.html

Dear State Representative Patricia Todd,

I am writing you today to express my concerns over the anti-clustering laws passed specifically in Jefferson County during the 2010 Legislative Session (a bill sponsored by State Senator Priscilla Dunn), and to suggest an exclusion to the bill on behalf of halfway houses, specifically the Shiloni Ministries of Birmingham. I have written you specifically because you have spoken out in the past, calling for reform and review of Alabama's policies of managing those convicted of sexual offenses.

This bill was written without regard to the benefits of Shiloni Ministries and similar programs that run reintegration services for those convicted of sex crimes (in fact, it has been said the bill was written specifically to target Shiloni Ministries). Instability on post-release life, particularly housing and employment deficiencies, is a primary factor in criminal recidivism, and in crime rates in general.

On the contrary, halfway houses and reintegration programs, much like the one offered by Shiloni Ministries, are effective measures to reduce the already low rates of recidivism among those convicted of sexual offenses. A study by the Colorado Department of Public Safety found "Shared Living Arrangements" to be a very effective for of those deemed "high-risk" sex offenders, with less overall violations and higher reporting of violations (in other words, the registrants police themselves). Places like Shiloni Ministries offer a positive support network that increases the likelihood of a successful post-release reintegration, especially during those critical first months of release, when the likelihood of recidivism is highest.

Unfortunately, Alabama has a history of supporting the "tough" on crime but not "smart" on crime policies promoted by the Troy King/ Bob Riley regime. There is ample research that many of these pos-conviction policies are more placebo than panacea. This is one area we can at least change.

Ohio has made exceptions to the residency law rule [Ohio Revised Code 2950.01(u)] that excludes treatment facilities as "residences" under the letter of the law. I am proposing a similar rule to allow Shiloni Ministries to continue its efforts to provide stable housing and social support to former offenders. (I have attached a rough draft of a similar proposal I wrote on behalf of another halfway house in California).

I am not a representative of Shiloni Transformation Ministries. I am, however, a nationally known advocate for the rights and advancement of former offenders. I am also a former offender, convicted in Alabama. I experienced the frustration of trying to find housing while incarcerated and without the help of loved ones. I had written over 60 places as far away as Oregon to no avail. I was five days away from release and facing a "Failure To Register" charge when a church ministry in Cincinnati, Ohio accepted me. I have been free since April 1, 2003. I beat the odds but it wasn't easy-- I've been homeless, denied housing and employment, harassed by self-appointed vigilantes, and forced out of a pre-approved residence. I believe in these programs because without them, the likelihood of a released prisoner being a productive citizen are significantly diminished.

2011 Legislative session

 Its a quiet year in legislature... so far.

Below is a list of 2011 Legislative Bills as of today, March 10, 2011:

HB 23: Allows expungement of records under certain circumstances
Our Stance: Support, though more expungement opportunities for those on the public registry who are arrested but acquitted or have charges dismissed.

HB 51: Increases penalty for third indecent exposure from a Class A misdemeanor to a Class C felony
Our Stance: I'm hesitant to agree with this one because Indecent Exposure is a broad definition. Also, to make a non-contact offense the same penalty as a contact offense seems asinine.

Controversial signs on front lawn target registered person

More Alabama stupidity. Maybe I'm biased, but it seems the stupidity seems to be more concentrated in North Alabama. For once, WAFF 48 didn't put much on a negative slant on the story or name the victim of this vigilante scumbag. By the way, this clown is harassing the registrant, so he should be arrested for harassment. "Free speech" does not include harassing communications. Also, I'd like to point out that "Second Degree Rape" includes someone who had sex with a willing partner if she is between ages 12-15; I wouldn't be surprised if this was the case.

http://www.waff.com/Global/story.asp?S=14191986

Controversial signs on front lawn target sex offenders

Posted: Mar 04, 2011 10:04 PM EST Updated: Mar 04, 2011 11:08 PM EST 
 By: Margo Gray

HUNTSVILLE, AL (WAFF) - How far does free speech really go? Signs out in front of a Huntsville mans home is creating quite the commotion.

The signs have the power to create a traffic jam, plenty of conversation and even stir up emotion. The homemade signs on Michael Gill's front lawn in the middle of Five Points are sending a message, aimed at a neighbor. "If I didn't do anything, no one would know that rapist is living on my block across the street."

A couple days ago, Gill received a notice in the mail from Huntsville Police. A registered sex offender who was convicted of 2nd degree rape of a 15 year-old moved in a few doors down, and by law, anyone within 1000 feet is required to know. "When I get that notice, what am I supposed to do," said Gill. So he installed 24 hour camera surveillance at his home. "I agree with the man, I don't think he should be here and there is a whole lot of kids in the neighborhood," said resident Jody Price.

Not all of Gill's neighbors agree with his tactics. Many who would not go on camera said Gill is creating more of a nuisance than anything else. Some of Gill's neighbors have even reported him to police and the city over this. He's violated the noise ordinance and was forced to reduce the size of his signs. "I have to stay within the city ordinances, but that is infringing on my speech," Gill said. His neighbor, though, also has the right to live there.

WAFF spoke the man. He was convicted back in 1999 and served a year for the crime. He said he served his time, doesn't bother anyone, wants to be left alone.

Could prison policy in Alabama be changing?

Google News/ The Canadian Press reports that due to the budget shortfalls of many states, tough-on-crime policies could be changing:

Experts on national sentencing expect almost every state to adopt the new approach sooner or later — perhaps most this year because of the state fiscal crisis. The Pew Center is now working with policymakers in Alabama, Arkansas, Illinois, Indiana, Michigan, North Carolina, Ohio, Kentucky, Texas and Washington about adjusting sentencing policies. Nationally, states spend an estimated $50 billion each year in locking up criminals — four times the amount spent two decades ago and second only to Medicaid spending — according to the Pew Center. A study released by the group last year shows the amount states spent locking up inmates grew nearly 350 per cent from $11 billion in 1987 to $48 billion in 2008.

Tough on crime policies are failed experiments. They simply do not work. We need a more holistic approach, much like the one listed below:

Empty Building Reflects Empty Hearts: NIMBYism and the closing of Shady Court

 Shady Court sits empty now, a sad reminder of the emptiness of the hearts of many who judged its residents solely on label rather than character. Shady Court was home to a dozen registered sex offenders barely a year ago. Thanks in large part to residency restrictions and intolerance of sexual offenders, those who carry the stigma of “sex offender” are left with few housing options upon release from prison or after sentencing. Sex offenses can range from rape and sodomy to offenses to urinating behind a bush or even consensual relations between teenagers; in Alabama, all register for life. With the closing of Shady Court, there are even fewer housing options.

I moved to Sheffield a year ago to be closer to my fiancée (I never liked living here before but I was willing to prove my love to my fiancée). Like many of the former residents at Shady Court, I am on the Public Sex Offender Registry. I am also a nationally known advocate for the rights of former offenders, working with groups like www.sosen.org in addition to running my own advocate site www.oncefallen.com. I even received a partial pardon in 2007 as recognition of my rehabilitation.  My first order of business in Alabama was establishing a working relationship with John Starnes, owner of Shady Court.

My fiancée and I spoke with Mr. Starnes and his fiancée in September 2009. I wanted to work with Starnes because we both believe in rehabilitation. Starnes was holding meetings for sexual addiction, and cooperated with law enforcement to keep any potential troublemakers in check. We held similar goals of running halfway houses to help ex-offenders reintegrate successfully into society. Starnes had taken the vision one step further—he located a potential site for his halfway house, a quaint and isolated ranch outside the city limits, far from the complaining residents that surrounded Shady Court. Starnes was optimistic and working hard to bring his vision into reality.

By the time I had made my move to Alabama in October, everything had changed. Not long after my initial meeting with Starnes, backlash from the August 16, 2009 Times Daily article[i] shattered that optimism. Starnes and his fiancée began receiving late night telephone death threats.  The city of Sheffield’s building inspectors were under pressure to shut down the dilapidated hotel. Someone even drove around the hotel in the dead of night, noting the layout of the place while discussing bombs, and subsequently posted the “findings” on Youtube[ii]. Churches denied assistance to anyone working or living at Shady Court. Despite working with Law enforcement in the past, the police did nothing to help. No one wanted to rent from a hotel flagged as a sex offender ghetto, and eventually Shady Court closed its doors. Most of the registrants simply moved to another part of town.

By the time I ran into Starnes a few months later, the dream had died. He moved to a new location and is selling the property. I understand his frustrations. I was targeted by my fiancée’s neighbors. A local crime blogger posted a picture of my ex-wife and with the suggestion to “tattoo” my forehead. The Times Daily forums filled with personal attacks, even individuals mocking my mother’s passing. My fiancée couldn’t handle the stress and walked away. The residents claim victory on both counts. They could not be further from the truth.

In 2003, the Colorado Department of Corrections published a study[iii] which found no correlation between residency restrictions and sex crimes. Furthermore, they found “Shared Living Arrangements,” much like the arrangement at Shady Court, actually decreased recidivism among high risk offenders. On the flip side, studies found instability in life, such as denial of housing and employment, increases recidivism[iv]. What does that mean? It means Sheffield residents destroyed something beneficial to society in the name of “NIMBYism” and possibly made their streets a little less safe. Sheffield is not alone; in June 2009, Huntsville shut down the Myrick Hotel[v], and in April 2010, Jefferson County passed an anti-clustering law specifically to target a halfway house run by Shiloni Ministries[vi].

Everything you have come to believe about sex offenders is a lie. Sex crimes have more to do with relationships rather than geography[vii]. Most sex crimes are committed by someone the person knows[viii], and most sex crime arrests are of first-time offenders[ix]. Sex offenders have the lowest rate of recidivism, which can be lowered even further with treatment, rehabilitation, and support options which include stable housing and employment[x]. Very few sex offenders are “pedophiles[xi].” High-profile kidnappings are extremely tragic but thankfully extremely rare (less than 115 in a nation with over 71 million children[xii]). Every myth about sex offenders we hold fast to fuels our thirst for vengeance. The current revenge-oriented system of justice has failed to prevent sex crimes because our approach counters the only effective methods of reducing sex crimes in our country.

Shady Court was a lowly program doing the work no one was willing or able to do. We chose revenge over reason. We cried out, “Not In My Back Yard!” The issue has gone nowhere. Despite the complaints and protests of Sheffield residents[xiii], sex offenders will continue to live in Sheffield. I still live here. Life goes on.

Soon I will leave an empty apartment to return to Cincinnati, my dreams of marriage as empty as the crumbling hotel and the dreams of a program that would have made a difference. It is quite possible another sex offender will take my place. If I meet one looking for a place to live, I will highly recommend it.

---

[i] http://www.timesdaily.com/article/20090816/ARTICLES/908165040/-1/LIVING05?Title=Motel-garners-cluster-of-sex-offenders

[ii] http://www.youtube.com/watch?v=YWItx3lP8fc

[iii] http://dcj.state.co.us/odvsom/sex_offender/SO_Pdfs/FullSLAFinal.pdf

[iv] http://www.oncefallen.com/ResidenceRestrictionsFacts.html

[v] http://www.whnt.com/news/whnt-myric-motel-closure-notice,0,5059254.story

[vi] http://reformalabama.blogspot.com/search/label/Anti-Clustering%20Law

[vii] http://www.nacdl.org/sl_docs.nsf/issues/SexOffender_attachments/$FILE/MN_Residence.pdf

[viii] http://www.meganslaw.ca.gov/facts.htm

[ix] Jeffrey C. Sandler, Naomi J. Freeman, and Kelly M. Socia, “Does a Watched Pot Boil? A Time-Series Analysis of New York State’s Sex Offender Registration and Notification Law.” Psychology, Public Policy, and Law, Vol. 14, No. 4, Nov. 2008, P. 297

[x] http://www.oncefallen.com/SOMyths.html

[xi] http://mhamic.org/sources/okami&goldberg.htm

[xii] http://hawaii.gov/ag/mcch/main/faqs/files/nismart2_overview.pdf

[xiii] http://www.timesdaily.com/article/20100425/articles/4255035

Vote for the 2010 Annual Shiitake Awards

Our favorite politician Tim "English Only" James is up for election... in the 2010 Shiitake awards! And much like the real elections, he is losing. We can change all that! Just go to http://shiitakeawards.blogspot.com/ and vote Tim James as worst politico of 2010 today!