After more tornadoes, Jefferson County wastes taxpayer dollars on forcing displaced registrants to re-register

Mike Hale, Jefferson Co. Sheriff

Jefferson county's sheriff Mike Hale is a major league asshole and pandering piece of crap, so this article does not surprise me. In light of a rare tornado in January, Mike Hale wants you to know he has more important things to do than protect you from thieves and others exploiting the storm, like making sure those victimized by the storm but are also on the registry are given further humiliation and threats of prison if they don't register immediately. What a sadistic SOB.

http://blog.al.com/spotnews/2012/01/lawmen_track_registered_sex_of.html

Lawmen track registered sex offenders displaced by the storm

Published: Wednesday, January 25, 2012, 12:12 PM     Updated: Wednesday, January 25, 2012, 12:22 PM

 By Carol Robinson -- The Birmingham News 

EnlargeBernard Troncale -- The Birmingham NewsTornado damage from early morning storms Mon., Jan. 23, 2012 in Eastern Jefferson County, Ala. (The Birmingham News/Bernard Troncale)Aerial Photographs of the January 23 2012 Storms gallery (31 photos)

JEFFERSON COUNTY, Alabama - In the wake of this week's devastating tornadoes, lawmen are taking care of an important, but little-known, task that follows natural disasters -- tracking displaced registered sex offenders.

The Jefferson County Sheriff's Office Sex Offender unit identified 10 registered sex offenders that lived in the neighborhoods hit by Monday's EF-3 twister. Of those, six of them had been hit by the storm, said sheriff's Sgt. Jacob Reach.

"We went out and rode all the affected areas and checked on addresses," Reach said. "We're going to make sure we know where they are."

Post-storm tracking of sex offenders became an issue following Hurricane Katrina in 2005. An estimated 2,000 registered sex offenders fled the Gulf region to seek shelter in other states, and some vanished from the required tracking all together.

All states are required to have sex offender registries, and people convicted of sexually violent offenses are required to register their current addresses.

The confusion that followed led to new requirements that the Federal Emergency Management Agency share with law enforcement contact information on registered sex offenders receiving disaster assistance.

Reach said the sex offenders affected by this week's storm lived on the northwest and northeast sides of Center Point, and a section off Old Springville Road in the Clay area. Some had structural damage; others simply were forced to leave because of a lack of electricity. "We were able to locate them and know where they were going to be staying," Reach said.

One of them, he said, was found to be living somewhere other than the address he had registered. Deputies are obtaining a warrant against that man. Reach said detectives did the same thing after the April 27 storms.

"We have to," he said, "because unfortunately an offender can attempt to take advantage of the situation and put himself back where potential victims are." The sheriff's office currently tracks 748 registered sex offenders.

Birmingham police also monitor registered sex offenders following storms, but said none of their 620 were affected by this week's storms. "In April we had two that lost their homes and had been displaced," said Sgt. Scott Thurmond. He said some do try to take advantage of the situation; others are simply overwhelmed and not thinking clearly. "It's probably the last thing on their mind when they've lost everything," he said. "When we found them, they went immediately and registered." "We're just trying to ensure the public safety by knowing where they are," Thurmond said, "and knowing that they are living at a compliant address."

© 2012 al.com. All rights reserved.

On to another story, the state of Louisiana is pulling out all the stops on persecuting, er, prosecuting the infamous Crimson Tide Teabagger. It seems the LSU fan who was the victim is the second cousin of the sheriff who signed the warrant for his arrest. Now he's facing 10 years and a lifetime on the sex offender registry. Overkill for an act done in poor taste if you ask me. My opinion, 90 days and community service with some reparations but not the registry. That's bullshit.

http://collegefootballtalk.nbcsports.com/2012/01/27/defense-lawyers-for-alabama-fan-accused-of-assault-begin-public-rhetoric-tour/

Defense lawyers for Alabama fan accused of assault begin public rhetoric tour

Posted by Ben Kercheval on January 27, 2012, 5:01 PM EST

AP

Well, what else are they going to do? Their client is accused of sexual battery against an unconscious LSU fan. Might as well come out swinging.

And that’s just what the lawyers for Brian Downing, the man connected to that famous post-BCS championship game video, uploaded to YouTube and later picked up byDeadspin.com, have done.

In a statement released by lawyers Miles Swanson and Michael Kennedy,Downing’s alleged actions are downgraded to what appears to be similar to frat house hazing, which I also believe has been outlawed in some states. The two lawyers go on to call a possible 10-year jail sentence should Downing be convicted “a little troubling.”

“The eighteen year old victim was never physically harmed and, in fact, was so intoxicated that he would have had no recollection of the incident, but for a video posted online,” , the two wrote in a statement. “Any ‘harm’ is entirely post hoc and amplified by media.

“[The accusation] demeans the real and serious trauma of actual victims of sexual violence.”

The New Orleans Parish District Attorney’s Office has yet to bring charges in the case.

“[Downing] has already been tried and convicted in the court of public opinion,” the lawyers say. “He has been fired from his job and suffers continual harassment by the public and media.”

Downing, a 32-year-old from Alabama, turned himself into authorities last week after New Orleans police issued an alert for the individual connected to the video. As it turned out, Downing’s second cousin was a local sheriff who made the call to bring Downing to police. Downing was later set free on $10,000 bond.

Reminder to watch for new legislation

Alabama does not have much sex offender related news, but I want to remind my readers and followers to keep an eye on the legislative tracker or the news and if you have a news tip submit it to iamthefallen1@yahoo.com with the headline "News Tip." ReFORM-AL, a Once Fallen affiliate site, works hard to keep this blog active and up-to-date. However, it helps to have some new info out there. I even accept editorials from so long as they are respectful in nature and are limited to Alabama's laws and sex offender issues.

In the meantime, check the legislative tracker and read the new laws when they are introduced. You only have a limited time to request a public hearing to oppose these laws once they are introduced.

Alabama well represented in the 2011 Shiitake Awards

Blogger-Templates


Follow this link to vote via Survey Monkey:

[VOTING CLOSED DECEMBER 31]

For those unfamiliar with the Shiitake Awards, it is an annual event that spotlights some of the absurdities of people who exploit sex offender laws and registrants for personal gain. Alabama is up for worst state of 2011, AL's new SORNA law is up for worst law, Michael Hill of Huntsville is up for Everyday Zeroes (vigilante) award, and Tuscumbia, AL chief Tony Logan is up for dumbest quote of 2011. Simply follow the link to cast your votes and represent this "fine" state.

Yet another idiot wants to push for anti-clustering laws

In 2010, a law on anti-clustering was considered, but only passed for Jefferson County. Now another dumb politician wants to create another state-wide anti-clustering law. This must be stopped before it starts. Contact State Rep. Kurt Wallace and let him know these laws are a bad idea.

REPRESENTATIVE KURT WALLACE (R) 42nd District (Chilton and Shelby)

State House:	Room 522-C 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

On to the article itself.

http://www.clantonadvertiser.com/2011/12/09/bill-would-ban-sex-offenders-from-living-at-same-residence/

Bill would split up sex offenders

By Stephen DawkinsPublished 5:28pm Friday, December 9, 2011

Sex offenders living together at the same residence in Chilton County could be the catalyst for a statewide law banning such arrangements.

In the past year and a half, 23 people convicted of sex crimes have been released to the same address, 40 County Road 374 off Enterprise Road south of Clanton, according to information provided by C.J. Robinson with District Attorney Randall Houston’s office.

Nine of the registered sex offenders were living at the address as of Thursday morning, according to Chilton County Sheriff’s Department Investigator Erric Price, who is responsible for keeping track of sex offenders.

State Rep. Kurt Wallace said he plans to file a bill that would place a limit on how close such people could live, effectively outlawing them from locating to the same residence unless it were a treatment facility and the sex offenders were under supervised care.

“I’ve talked with several other representatives, and they said they would sign onto it, too,” Wallace said. “I don’t think [the situation in Chilton County] is a good thing.”

Wallace said he plans to pre-file a bill before the state Legislature reconvenes in February 2012.

The owner of the property at County Road 374 declined to comment Friday. The registered sex offenders apparently are housed in campers behind Triumph Church, which is under construction.

Two residents in the area interviewed Thursday expressed concern about the situation but did not want to be quoted for this story.

Convicted sex offenders must notify the state about where they plan to live once they are out of custody.

“I began noticing the same address listed for offender after offender,” Robinson said. “This is not a licensed halfway house, nor am I aware of any type of specialized training that someone can give to rehabilitate a sex offender. This is a serious problem facing our community.”

Robinson said he received notice about 23 sex offenders being released to 40 County Road 374 from August 2010 through October 2011.

None of the men were arrested for crimes committed in Chilton County, according to Robinson’s information. The crimes include rape, sodomy, sexual abuse, assault with intent to ravish, aggravated sexual battery, and attempted rape; and the given ages of victims range from 4 to 29.

There is also a listed relationship between the sex offender and the person the offender is being released to. These relationships include clergy, manager, halfway house and friend.

Price said sheriff’s department officers have been called to the residence on at least a couple occasions because of fights between residents of the same address but that no crimes have been reported by neighbors.

“We’ve also gotten multiple calls from neighbors about them walking up and down the streets, knocking on doors and looking for work,” Price said.

That last sentence is intriguing. Nothing is scarier than looking for a job or walking down the street, eh?

December 2011 Introduced Bills

Here is a quick rundown of the latest bills introduced for the upcoming session:

HB 34: "Continuous Sexual Abuse" Act

 Section 1. (a) A person commits the crime of continuous sexual abuse when the person intentionally engages in three or more acts of sexual conduct with another person who was under the age of 16 years when the first act of sexual conduct occurred.
(b) The term "sexual conduct" includes any of those sexual acts defined under Sections 13A-6-61, 13A-6-62, 13A-6-63, 13A-6-64, 13A-6-65.1, 13A-6-66, 13A-6-67, 13A-6-69.1, and 13A-13-3 of the Code of Alabama 1975.
(c) Continuous sexual abuse shall not include sexual conduct that meets all of the following:
(1) The sexual conduct did not involve force and was only a crime due to the ages of the victim and offender.
(2) At the time of the sexual conduct, the victim was 13 years of age or older.
(3) At the time of the sexual conduct, the offender was not more than 4 years older than the victim.
(d) Continuous sexual abuse is a Class A felony

ReFORM-AL's stance: Oppose-- this bill will effectively make all sex crimes involving minors a Class A felony,  with a minimum 10 year sentence. Such an increase will ultimately lead to a decrease of reporting of sexual abuse cases and may compel the minority of violent offenders to cause more harm to victims. This law will obviously be used to force an increase of pleas to those wrongfully accused.

SB 67-70: A series of bills regarding death penalty reform. Personally I prefer the death penalty to be abolished, but a three year moratorium and reforming the policy on who is eligible for execution is a start. Don't worry, no one has suggested executing registrants, that was abolished by the 2007 Kennedy v Louisiana decision.

Oh boo hoo! B'Ham files for Bankruptcy. Cry me a river!

Birmingham/ Jefferson County has just filed for bankruptcy. on the surface, it seems unrelated to sex offender issues but it does. Alabama recently passed the costly Adam Walsh Act/ SORNA, which has been found to be costly in many states. They passed an anti-clustering law last year just to target a halfway house operating in the county. They've spent millions on frequent police checks and locking up registrants on petty offenses. Any wonder why they are in financial dire straights? i think not.

AL RSO Registry Fee Law

I recently added a registry fees fact guide to my main website at www.oncefallen.com. Thus, I thought I'd take the time to review the new Alabama registry fees law to clarify the fee issue:

Alabama: From the recently enacted SB 296: Section 22. (33a) An adult sex offender shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender resides beginning with the first quarterly registration on or after July 1, 2011, and at each quarterly registration thereafter. (b) Each time an adult sex offender terminates his or her residence and establishes a new residence, he or she shall pay a
registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender
establishes a new residence. (c) If, at the time of registration, the adult sex offender is unable to pay the registration fee, the registering agency may require the adult sex offender to pay the fee in installments not to exceed 90 days.  The registering agency shall waive the registration fee if the adult sex offender has an order from the court declaring his or her indigence. In the event the adult sex offender is determined to be indigent, a periodic review of the adult sex offender's indigent status shall be conducted by the court to determine if the offender is no longer indigent. Further, if the offender is determined to be indigent by the sentencing court, nothing in this act shall prohibit the offender from being placed on a payment plan where the entire fee is collected in total. (d) The fees collected under this section shall be to the registering agency to defray the costs of sex offender registration, verification, and notification. (e) Any person who willfully fails to pay the required registration fee at the time of registration, or at the time at which the installment payment is due, shall be guilty of a Class B misdemeanor. Upon a second or subsequent conviction for willful failure to pay the required fee, the adult sex offender shall be guilty of a Class A misdemeanor.

 While I think the fees should be challenged in court (as discussed in my fact guide), it appears those of you who are concerned over registry fees should petition the court to be considered indigent and thus be free of paying the fees. This is something every registrant needs to pursue. 

One of my readers reminded me about the Federal "Poverty guidelines." Personally I find the numbers very low, as Alabama's poverty level is about $10,890 per year. However, I'm sure many of us hover around that line. even if you are above that line, I think you could still argue indigence, it is a matter of doing your math. For example, Gas is $3+ per gallon and most cars get maybe 20 miles per gallon on average (less in the city and if . Chances are just to go to work, you are filling up weekly at a cost of up to $100 to refill your tank. That's as much as $400 per month. You essentially have to argue your take home pay and your living expenses are so close paying for extra registration cases a financial burden.

I previously mentioned that Ohio had recently ruled their version of the Adam Walsh Act was indeed punitive. You may ant to utilize this case decision into your argument:

http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-3374.pdf

Early List for upcoming Alabama Laws

I suppose it is never too early to list the stupidity that is the Alabama state legislative agenda for 2012. Thankfully, should any dumb laws pop up, hopefully one of you will act quickly and request a public hearing on the law, thus stymieing any new laws from slipping in without opposition:

HB 4: "Caylee's Law:" Great, even Alabama wants to pass this stupid law?
Children, failure to report a missing child in the first degree (Felony B) and in the second degree (Felony C), failure to report the death of a child (Felony B), false reporting to law enforcement authorities (Felony B), crimes of established, Caylee's Law, Sec. 13A-10-9 am'd.
ReFORM-AL Stance: Opposed. Do we need a named law? Furthermore, the law is very vague. What is "timely reporting?" There is a reason why LE in the past tended to make you wait a certain time before you filed a missing person's report.

Apparently the Senate also has a similar sounding version, SB 38. Well I give a similar opposition. 

SB 41: An Act repealing the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, the controversial immigration bill.
ReFORM-AL position. I Support this bill. Now if they only had the balls to repeal the Adam Walsh Act.

 So far, no direct sex offender laws. That could change of course. However, I mentioned these two laws because they represent the mood of the citizens of Alabama. One is a monkey-see-monkey-do law (Caylee's Law), while the other is the result of backlash against another hastily passed law targeting immigrants based on ignorant racism and stereotyping.


Follow the links on the right to keep tabs on any upcoming bills. While I try my best to maintain up-to-date info, I can miss a few things.

Drunken Tuscumbia Police Chief Tony Logan makes for bad interview

Tuscumbia Police Chief Tony Logan is currently on probation for a DUI, so I wouldn't be surprised if he was drunk when he gave this idiotic interview for the Times Daily.  

 Sex offenders attend meeting Halloween night

By Tom Smith, Senior Staff Writer

http://www.timesdaily.com/stories/Sex-offenders-attend-meeting-Halloween-night,183811

  

All sex offenders in Alabama will be required to attend an educational program on sex offender laws for four hours on Halloween night. The Alabama State Probation and Parole Office and the U.S. Probation Office are joining together to provide the program on state and federal sex offender laws to all felony sex offenders under supervision of state and federal probation and parole offices in Huntsville.

U.S. Attorney Joyce Vance’s office requires felony sex offenders to attend the educational program, which also will provide training on employment and other community support topics. It will be 5:30-9:30 p.m. Monday at an undisclosed location. 

The timing of the program coincides with trick-or-treaters taking to the streets Halloween night and going door to door. “I know parents are concerned and it’s a concern for law enforcement,” Tuscumbia Police Chief Tony Logan said. “There are a couple of times a year I refer to as a pedophile’s dream come true. This is one of those times.”

Supervisory U.S. Probation Officer Jeffrey Purcell said the operation is a pro-active venture to provide education and training to sex offenders, and improve accountability and behavior change. “As well as safeguard the community, in that these offenders will not be participating in Halloween activities,” he said. Deputy Florence Police Chief Tim Shaddix backs the program. “I know parents who have already gotten on the Internet to find where the registered sex offenders live to make sure they don’t take their children into those neighborhoods,” he said.

Logan said knowing that sex offenders will not be around on Halloween night will give parents and law enforcement some peace of mind. “This is brilliant. I love it,” Logan said. “It will help provide a safe environment for the hundreds of kids out Halloween night and their parents.” 

In Tennessee, state probation and parole officers will be making announced and unannounced visits to make sure convicted sex offenders are complying with restrictions during Halloween. They cannot answer the door to trick-or-treaters, pass out candy, decorate their homes, host Halloween parties or wear costumes, state officials said. Local law enforcement officers will be going with probation and parole officers on many of the visits. “I know this is a concern for the public and for parents, but hopefully these measures will ease their concerns,” Shaddix said.

Well, before anyone thinks I'm making up the Tony Logan drunkenness bit, see the story below. A recent study found that your the biggest risk to your child is AUTO-RELATED. You know, like a lush behind the wheel of a car. Who is the bigger threat?:

http://www.whnt.com/news/whnt-tuscumbia-chief-tony-logan-dui-conviction,0,4133902.story

Tuscumbia's Police Chief Found Guilty In DUI Case

Tony Logan faces a $600 fine for the conviction

WHNT NEWS 19 Staff Reports

11:33 AM CST, March 10, 2010

TUSCUMBIA, AL

Tuscumbia's police chief went before a judge Wednesday on his DUI charge. A Colbert County judge found Tony Logan guilty. Judge James Hall ordered Logan to pay a $600 fine, and handed him a 90-day suspended sentence. He will also serve two years probation. Logan's blood alcohol level was .272 when he was arrested December 5, 2009. Florence Police arrested Logan outside of his home after Logan turned in to his driveway, missed, and hit the mailbox. Florence Police say Logan hit his City of Tuscumbia patrol car that was parked in the driveway and ended up in a neighbor's yard across the street. Logan had been on administrative leave until March 1, when he reported to work. Tuscumbia Mayor Bill Shoemaker says he needed Logan back on the job.

Limestone County won't hold Halloween sex-offender roundup

I'm glad to see the reform movement represented in this article (Congrats to Sandi Hrozek) and at least one county won't engage in Halloweenitis at least for this year. This is a good article for the most part.


http://enewscourier.com/local/x1607579378/Limestone-County-wont-hold-Halloween-sex-offender-roundup

Limestone County won't hold Halloween sex-offender roundup

By Jean Cole

jean@athensnews-courier.com

— The Limestone County Sheriff’s Department won’t be rounding up sex offenders to keep them away from kids on Halloween like the sheriff’s department in one southeast Alabama county.

The Russell County Sheriff's Department is requiring about 35 sex offenders who are on state probation or parole to come to the county courthouse in Phenix City on Monday night for a mandatory three-hour meeting, the Associated Press reported.

Failing to attend could lead to a parole violation and jail time.

The department is also asking 115 other sex offenders to voluntarily attend the meeting, according to the AP. Laurie Franklin, an aide to Russell County Sheriff Heath Taylor, said sex offenders who voluntarily attend the meeting will receive a $20 reduction in their $80 annual registration fee, the AP reported.

During the meeting, which lasts from 6 to 9 p.m., sex offenders will hear an update on sex-offender registration requirements, Franklin said.

“I don't think it's going to take three hours,” she said. “They may show them a movie or something just so they don't have to sit there.”

Limestone County Sheriff Mike Blakely said he wouldn’t be holding such a roundup for several reasons. He does not have the authority to order sex offenders to attend and could not charge them with anything if they did not. He said he does not have the manpower to conduct such an operation. And, he believes his department is doing a good job of tracking sex offenders, whose addresses are available online.

“We don’t have authority to do that (hold a roundup), that would be up to the parole office,” Blakely said. “Logistically, we couldn’t do it with personnel and overtime. If we thought there was a problem we’d do something, but we keep a pretty good handle on them now.”

He said Investigator Mike Gunter, with assistance from Lisa Swindall, does “an excellent job” making sure new and existing sex-offenders comply with the requirements of Megan’s Law. The law requires convicted sex offenders to, among other things, register as offenders, report their whereabouts as well as seek permission before moving or changing jobs. Blakely said all of the other officers also assist with making sure convicted sex offenders comply with the law.

“If they (sex offenders) violate the requirement, they get arrested,” Blakely said.

Gunter said he monitors roughly 143 sex offenders in Limestone County. He said some of those are incarcerated in state prison or local jails. He said that while the Russell County roundup is probably a good thing, he questioned its effectiveness because the meeting would not be mandatory for most of the county’s sex offenders. He said those on state probation or parole are the only ones being required to attend. He said he monitors only “a handful” of sex offenders who would have to attend.

Also, some sex offenders are convicted for victimizing an adult. Others are young men who have had sexual intercourse with a teenage girl who is under the legal age to consent to sex. For example, an 18-year-old boy whose girlfriend is 15. These offenders are not considered a threat to young children.

For and against

Russell County is not the first county or state that has tried to keep tabs on sex offenders on Halloween.

The state of California requires paroled sex offenders who have homes to remain indoors, turn off lights and refrain from decorating and handing out candy on Oct. 31. This Halloween, 2,000 paroled sex offenders without homes must report to parole centers so they have no contact with children on Halloween. They must wear an electronic monitor so authorities can make sure they comply.

Sandi Hrozek of the Internet-based ReformSexOffenderLaws.org, which aims to protect children from abuse while balancing the rights of convicted sex offenders, questioned the effectiveness of such efforts in an email to the Associated Press.

“There have been studies done determining that the incidence of sexual assault on children is no higher on Halloween than any other day of the year, and there is not a single reported case on record of a child being assaulted by a registered offender while trick-or-treating. It is what some have called a solution looking for a problem,” Hrozek wrote.

Information for parents

There are other ways parents can ensure the safety of children on Halloween. They could accompany their children for trick-or-treating or check on the locations of sex offenders through websites, something the Franklin County Sheriff’s Department also encourages parents to do. Two such websites are: [I will not add public registry links here]

Halloweenitis epidemic spreads to Russell County

It is time Alabama quits living in the past and base laws on facts and not prejudice. The fact is Halloween has always been one of the safest days of the year for children. Even when I was a child there were chaperones and almost no one trick-or-treated alone. Remember how when we were kids, parents would sift through candy looking for poisoned candy and razor blades in apples? Now that we are adults, we discovered besides it being an urban legend, it was an excuse to help ourselves to some choice candy. This law is based on an urban legend. This is just another dumb imported idea from other small town/ small mind areas. You can gain more facts about Halloween laws here: http://www.oncefallen.com/HalloweenLaws.html



I'd like to add the law in this article is REQUIRED for those on probation/ parole BUT NOT REQUIRED for those off paper. If you are off paper, tell the cops to stick it where the sun doesn't shine.

http://blog.al.com/montgomery/2011/10/registered_sex_offenders_on_pr.html

RUSSELL COUNTY, Alabama -- The Russell County Sheriff's Office has offered parents of trick-or-treaters a way to avoid houses of registered sex offenders.

The sheriff's office has partnered with the Alabama Board of Pardons & Patrol to sponsor a meeting of all registered sex offenders during the Halloween trick-or-treating hours of 6 to 9 p.m. Monday. All sex offenders on probation are required to attend the meeting at the Russell County Courthouse Commission Chambers. Those sex offenders not on probation are not required but urged to attend.

The sheriff's office reports there are approximately 150 registered sex offenders in Russell County.

The OffenderWatch tool on the sheriff's office website will show citizens where registered sex offenders live. Sheriff Heath Taylor urges residents to check the addresses of the areas you will be visiting on the holiday. The service also allows residents to register all their important addresses and receive email alerts when a registered sex offender moves into the area.

For more information, residents can call the Russell County Sheriff's Office at 334-298-6535.

PS: Offender Watch is a PRIVATE registry software company. It is not enough America is privatizing prisons, they are privatizing the public registry as well.

DHR brochure on statutory rape

Alabama does not actually have a "statutory rape" law, it is simply called rape. Some time back while sitting in the DHR office, I found these brochures. They are quite unique to say the least. Whay do you think? There are brochures directed at the parents too. Click on the images to expand them.

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.