Wednesday, February 6, 2013

State Rep. Wallace admits to segregationist NIMBYism motivation behind HB 85

It is amazing what a little community pressure does to expose the real reason behind a politico's actions. I give you Senator Kurt Wallace and his NIMBYism:

http://www.myfoxal.com/story/20968454/community-concerned-over-sex-offenders-living-at-a-church




Community concerned over sex offenders living at a church

Posted: Feb 05, 2013 11:51 AM EST
Updated: Feb 06, 2013 10:47 AM EST
By Clare Huddleston - bio | email


FOX6 News discovered that 36 sex offenders have listed this church as their place of residence since 2010. Source: WBRC video



CHILTON COUNTY, AL (WBRC) -
Triumph Church on County Road 374 looks like many churches in Chilton County. It has a cross above the door, an inspirational message on the sign out front, but it has also become home to 36 sex offenders. 

"I don't like them living that close to me because my wife works in the yard a lot and they walk up and down the road all the time," explained Gordon "Duck" Burkhalter. 

Burkhalter says Triumph Church popped up a few years ago. He does not mind the ministry, but he does not think it needs to be in a group setting and he does not like their living conditions. 

"They got 4, 5, 6 trailers with 3-4 people in each trailer as far as I know," said Burkhalter. 

As more sex offenders started moving into the trailers behind Triumph Church, it caught the eye of Chilton County Chief Deputy District Attorney, CJ Robinson. 

"When somebody is released from the Department of Corrections and they are a registered sex offender, the DA get an info packet from the department of corrections and it lists the address, names, and info about the offense," said Robinson.

Since August 2010:

36 sex offenders have listed Triumph Church as their address once they got out of prison.

29 of them committed their crime against children; the youngest victim was 4 years old.

13 cases involved some form of child molestation.

Another concerning stat for Robinson, these convicted criminals don't appear to have any ties to Chilton County. "Only one committed their crime in Chilton county," said Robinson, "That offense was a misdemeanor, it was a non-jail sentence, it was a probationary sentence." 

"It's a scary thought," said State Representative Kurt Wallace, "I wouldn't have a problem with us taking care of our own but don't send me your problem children." 

Wallace isn't happy these sex offenders are moving into his district. He has pre-filed House Bill 85 for the 2013 legislation session. The bill states two sex offenders must live 500 feet apart from each other; they can't live under the same roof unless they are related or in a state-approved facility. 

At this time there is no treatment center for sex offenders and if Wallace's bill passes it could severely limit where sex offenders can live. 

Wallace said, "The biggest concern that people have is where are they gonna go? I don't know. I would suggest they go back to their families and I know where I don't want them to go. I don't want them in my neighborhood.

Ricky Martin who runs Triumph Church declined to talk to Fox 6 News on camera. However, last year he told our sister station in Montgomery, WSFA, that all of the sex offenders who have come through his church have left as success stories. 

Martin confirmed to Fox 6 News he's against Wallace's bill and he believes his ministry is helping. One sex offender agrees. 

"He has helped us out," said Selid Holt. Holt was convicted of first degree sexual abuse of a 9-year-old female. He moved to Triumph Church from Barbour County. 

Robinson confirms the sex offenders like Holt, who have moved to Triumph Church, have not committed another sex crime that he's prosecuted. Still he thinks in this case it's better to be proactive than reactive. 

"If we wait until there is a child that has been victimized we've waited too late," said Robinson.


Tuesday, February 5, 2013

Press Release: ReFORM-AL strongly opposes Wallace’s segregationist HB 85 proposal

Hopefully this will get out to the proper press.

http://www.prlog.org/12074050-reform-al-strongly-opposes-wallaces-segregationist-hb-85-proposal.html


Press Release: ReFORM-AL strongly opposes Wallace’s segregationist HB 85 proposal

Press Release: State Representatives Wallace, Jones, and Beckman have sponsored a bill (HB 85) that, if passed, will restrict those forced to register as “sex offenders” to live 500 feet apart from each other and no more than one to a residence or apartment building. While this idea sounds good on paper, the results have disastrous consequences that could put families at high risk of harm.

The state of Alabama currently has a 2000 foot living and work restriction in place; as a consequence, the vast majority of registered citizens, intent on obeying the law after serving out their sentences, are forced to live in very small pockets where they are legally allowed to live and work people will rent to them. The so-called “sex offender clusters” were created by residency restriction laws. For this reason, a growing number of states, like Iowa, and municipalities across the United States have scaled back residency restrictions. Studies in Minnesota and Colorado have shown residency restrictions not only failed to protect citizens, they may actually encourage recidivism. Unlike other states, Alabama's state legislators have decided to exacerbate the problem by creating further limitations on where those forced to register can live.

If HB 85 passes, thousands of Alabama's registered citizens will be forced out of their homes, and that instability has been proven to increase the likelihood of re-offense. When Iowa created their residency restrictions in 2005, they saw a 350% increase in homelessness, and increase the failure to register cases, and even a slight increase in sex crimes in that state in the year following an increase of residency restrictions. In short, while increasing residency restrictions sound good on paper, it actually encourages crime.

Those who sponsor this bill claim that when sex offenders are concentrated in a particular area, this somehow poses a higher risk. Studies have found the opposite; the 2003 Colorado Department of Corrections study on residency restrictions found that residency restrictions had absolutely no impact on recidivism, but a positive living environment, such as a halfway house or with a supportive family, increases an offender’s likelihood of living a productive, successful life once their sentences have been served.

Recidivism among those convicted of sex crimes are already far lower than comparable crimes; the US Department of Justice found after three years, only 3.5% were reconvicted of a new sex crime. Longer-term studies have found recidivism rates are lower than comparable offenses. Interestingly, in an e-mail from Sen. Wallace, sex offenders were compared to “crack addicts”, implying that merely forcing them to live a certain distance away from their “addictions” is a viable solution. In our society, drug offenses had been increasingly subject to a number of punitive laws over the years, and only now have we seen the negative impact that many well-intentioned drug laws have created; in many cases, drug laws had created an environment that encouraged further drug abuse. We recognize in our society that drug offenders are now amenable to treatment, and there are no shortages of halfway houses, treatment options, and support groups for drug offenders. We are also aware that drug offenders are not limited by geography, nor are all drug offenders the same.

Sex offenders are not a homogenous group. Not everyone on the registry will reoffend in spite of the laws, not because of them. Sex offenses are not a matter of geography, but of relationships; what person sleeps at night has no impact on what a person does during the day. While there are a small number of sex offenders who are “fixated” and resistant to treatment, the majority of sex offenders are indeed amenable to treatment, and many have also shown remorse for the things they have done and have no desire to harm anyone.

ReFORM-AL strongly opposes HB 85. We believe this bill will cause far more harm than good for our society. While it may be popular to harm those convicted of sexual offenses in every way possible, our focus should be on doing things that work, rather than things that simply feel good. This law will ultimately backfire; if passed, expect to see an increase of homeless registrants, registrants who simply failed to register, and a possible increase of sex offenses. We are not even addressing the fact that the vast majority of sex crimes are committed by people with no prior record (about 95% of sex crime arrests). Thus, we are devoting a large amount of resources focusing on roughly 5% of the potential threat at best; only about 5% of that 5% will likely re-offend.

Instead, ReFORM-AL would like to offer a solution based upon solid research and experience. Residency restrictions have been proven to be counterproductive; therefore, instead of passing more restriction laws, the state of Alabama should look at repealing them altogether in favor of using the meager resources wasted on this bad piece of legislation on proven methods of education, treatment, and rehabilitation. There are a number of successful resources proven to greatly reduce the already low recidivism rates for those convicted of sex crimes, such as restorative justice programs, circles of support and accountability, and organizations like Jacob Wetterling Resource Center and Stop It Now!

The state of Alabama is only one of seven states that do not support treatment programs of any kind. The sponsors of this bill deny any effective treatment program exists, despite the evidence given by 43 other states and a number of nations around the world that treatment programs that stress accountability, empathy, and responsibility are very effective. This bill, despite the included language that claims an “exception” for halfway houses, will have no exceptions in practice. In an interview with WTVY 4 Dothan, state Representative Mike Jones stated he was going to propose what we now call HB 85 in order to prevent a halfway house from forming. Yet State Representative Wallace claims there will be an exception to the law. Based on Jones’s words, we can reasonably conclude no halfway house will ever be approved as the exception.

Instead of promoting the treatment, rehabilitation, and education programs proven to reduce recidivism, they are choosing to gamble with the lives of your children bypassing feel-good legislation proven time and time again to exacerbate the problem of great concern and our society. Revenge driven laws have proven to make things worse; tough on crime does not mean smart on crime.

The bottom line is if you truly care about children, you will also oppose HB 85. Our efforts to reduce sexual offending in this country should begin with evidence-based education and awareness programs that stress sexual accountability, responsibility, and open communication, coupled with services that provide proper treatment for those who have sexually offended so they at are at least given the opportunity to atone for their past crimes and become a productive member of society. Doing this is not “sympathy for sex offenders”, but in investment in ending the perpetuation of all manners of violence in our great nation.

Derek W. Logue
ReFORM-AL (Registered Former Offender Restoration Movement)

Monday, January 28, 2013

HB 85 to reintroduce anti-clustering law to legislative session

Anti-clustering laws are very bad news, since registrants are forced into the few legal areas to live. This law did not pass statewide in 2010 but was passed in Jefferson County. This law needs to be taken down immediately. Contact the legislators today to prevent this bill from passing!

HB 85
To prohibit more than one unrelated criminal sex
offender from residing in a residence; to provide that no more
than one criminal sex offender may reside in an apartment
complex unless there is a distance of at least 500 feet from
the residence of any other offender; to provide exceptions;
 and in connection therewith would have as its purpose or
effect the requirement of a new or increased expenditure of
 local funds within the meaning of Amendment 621 of the
 Constitution of Alabama of 1901, now appearing as Section

111.05 of the Official Recompilation of the Constitution of
 Alabama of 1901, as amended

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) No unrelated criminal sex offender
may establish a residence or other living accommodation in a
residence where another criminal sex offender whose name
appears on the county sheriff's official published sex
offender list resides.

(b) No criminal sex offender whose name appears on
the county sheriff's official published sex offender list may
establish residence or other living accommodations unless
there is a distance of 500 feet or more from the residence of
any other criminal sex offender.

(c) The owner or lessee of the property who
knowingly, willingly, or intentionally permits a violation of
subsection (a) or subsection (b) shall be guilty of a
misdemeanor and, upon conviction, may be imprisoned in the
county jail for hard labor for not more than 90 days and be
fined not more than five thousand dollars ($5,000) for each
violation. When collected, those fines shall be equally
distributed to the county sheriff's department and the office
of the district attorney of the county or to the municipal
court for any case prosecuted in the municipal court.

(d) An owner or lessee of property shall not be in
violation of subsection (a) or subsection (b) if the sex
offender is the spouse or child of the owner or lessor or if
 the spouse or child is the owner or lessee of the property.


(e) An owner of property shall not be in violation
of subsection (a) or subsection (b) where the application for
a lease or the lease itself provides a signed statement by the
lessee that the lessee is not a convicted sex offender.

(f) Notwithstanding any other provision of Chapter
20A of Title 15, Code of Alabama 1975, to the contrary, a sex
offender shall not be in violation of subsection (a) or (b) if
the sex offender is residing at a treatment facility that is a
residential health care facility approved by the State Health
Planning and Development Agency or at a halfway house or
treatment facility certified by the state Health Planning and
Development Agency, or is otherwise incarcerated in a state
facility.

Section 2. Although this bill would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds, the bill is excluded from further
requirements and application under Amendment 621, now
appearing as Section 111.05 of the Official Recompilation of
the Constitution of Alabama of 1901, as amended, because the
bill defines a new crime or amends the definition of an 
existing crime.

Section 3. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.

Below are the bill's sponsors. Please contact them:


REPRESENTATIVE
KURT WALLACE

(R)


42nd District
(Chilton and Shelby)


State House:Room 427-J
11 S. Union Street
Montgomery, AL 36130
(334) 242-7772
Home Address:24 Maple Drive
Maplesville, AL.  36750

Work Phone: 

(334) 366-4211

Email:

representativewallace@gmail.com

Representative Kurt Wallace was elected to the Alabama House of Representatives on November 2, 2010.

He describes himself as a Conservative Christian who will “fearlessly defend my God, country, and family against all who would do them harm.”

____________________________________________________
____________________________________________________


REPRESENTATIVE
MIKE JONES

(R)

 


92nd District
(Covington and Escambia)


State House:Room 427-E
11 S. Union Street
Montgomery, AL 36130
(334) 242-7739
Home Address:


Work Address:
486 Sutton Road
Andalusia, AL. 36420

P.O. Box 957
Andalusia, AL. 36420

Home Phone:
Work Phone:
Cell Phone: Fax Number:

(334) 222-4367
(334) 222-0111
(334) 804-8240
(334) 427-1671

Email:

mljatty@andycable.com

REPRESENTATIVE Mike Jones was elected to the Alabama House of Representatives on November 2, 2010.

______________________________________________________________
______________________________________________________________

REPRESENTATIVE
PAUL BECKMAN

(R)


88th District
(Autauga and Elmore)

Committees:

State House:Room 427-D
11 S. Union Street
Montgomery, AL 36130
(334) 242-7499
Home Address:


District Address:
1803 Tara Drive
Prattville, AL. 36066

P.O. Box 680155
Prattville, AL.  36068

Home Phone:
Work Phone:
District Phone:
Cell Phone:
Fax Number:

(334) 361-0977
(334) 834-4808
(334) 323-5918
(334) 300-1780
(334) 834-4801

Email:

paulbeckmanjr@yahoo.com

Representative Paul Beckman was elected to the Alabama House of Representatives on November 2, 2010.

Here is a news article on the subject. Note the comments from State Rep. Ball:

http://whnt.com/2013/01/27/billpreventgroup/


Bill Aims To Prevent Group Living By Convicted Sex Offenders
Posted on: 9:05 pm, January 27, 2013, by Nick Banaszak

HUNTSVILLE, Ala.(WHNT)-Keeping convicted sex offenders away from each other is the aim of a newly filed bill in the Alabama Legislature.
State Rep. Mike Ball (R-Madison) is among a group of lawmakers who are targeting so-called sex offender “clusters” that are often near children. If passed, House Bill 85 would prohibit convicted sex offenders from living at the same residence, preventing community living that Ball said has gotten out of hand in many parts of the state. The bill would also require that all sex offenders live at least 500 feet away from each other.
Ball said several Alabama communities have been hampered by groups of sex offenders living together in closely condensed places like motels and apartment complexes.
“When folks feel their children are endangered, we need to do something,” said Rep. Ball, who helped craft the bill. “If someone has a drinking problem or a drug problem, you need to stay away from people with that same problem, because it’s just not conducive to managing to curb your instincts…If children live nearby and there’s just a large number of them [sex offenders], it just creates a huge problem for that particular community.”
House Bill 85 was filed last week, but there are two exceptions for the 500 foot rule. Sex offenders who are temporarily living at treatment centers within close proximity to other offenders’ houses would be exempt from the guidelines, as would sex offenders who are related.
Rep. Ball dismissed claims that the bill would make it even tougher for sex offenders to live anywhere in Alabama. State law already prohibits sex offenders from living within 2,000 feet of schools or daycare centers.
“The fact is, if you commit sex offenses, penalties are probably not as harsh as a lot of people would like them to be…Folks need to think long and hard before they commit those violations.”

Here is Mike Ball's info. Feel free to educate him:

REPRESENTATIVE
MIKE BALL

(R)


10th District
(Madison)


State House:11 South Union Street
Room 401-A
Montgomery, AL 36130
(334) 242-7683
District:Post Office Box 6302
Huntsville, AL 35824
Home Phone:
Leg. Phone:
(256) 772-8730
(256) 539-5441
Email:mikeball@knology.net


Friday, December 28, 2012

The early bills for 2013 state legislative session

Here are the early laws related to sex offenders already pre-filed for the upcoming session:


HB1:  Givan Crimes and Offenses H Pending Committee Action in House of Origin Judiciary 12/7/2012
Children, failure to report a missing child in the first degree, second degree, and in the third degree, failure to report the death of a child, false reporting to law enforcement authorities, crimes of established, Caylee's Law, Sec. 13A-10-9 am'd

ReFORM-AL is opposed to any named memorial laws as epitomies of unsound and asinine policy, and this law is no different.

_____________________________

HB 3: Drake Children H Pending Committee Action in House of Origin Judiciary 12/7/2012
Child abuse and neglect, mandatory reporting for all persons, training required for certain persons, criminal penalties for making false child abuse or neglect reports, criminal penalties for discharging, disciplining, or penalizing an employee for making a false report, The Savannah Hardin Mandatory Reporting Act, Sec. 26-14-3 am'd

ReFORM-AL opposes this bill, as an extension of the aformentioned Caylee's Law. If anything, the penalty for filing a false rape report should be stiffer than a mere Class C Misdemeanor.

____________________________

SB1: Taylor Crimes and Offenses S Pending Committee Action in House of Origin Judiciary 5/24/2012
Children, failure to report a missing child in the first degree, second degree, and in the third degree, failure to report the death of a child, false reporting to law enforcement authorities, crimes of established, Caylee's Law

ReFORM-AL opposes of course, for the same reasons as before. This is starting to sound like a broken record.
____________________________

SB8: Dial Civil Procedure S Pending Committee Action in House of Origin Judiciary 8/2/2012
Class action lawsuits filed in Alabama, plan for undistributed funds to be distributed to Child Abuse and Neglect Prevention Department if class members cannot be located, or if distribution to class is not economically feasible, or if class members do not make a claim to the class funds

ReFORM-AL believes this law is a waste of that money that can be better used for non-pork projects that do not propagate sex offender myths, like education or health care.

____________________________

Anyways, so far, it seems like the only action of concern is the symbolic Mandatory Reporting laws.

Tuesday, December 11, 2012

Charges Dropped Against Former ADA Steve Giardini

Just remember, folks, if you are a prosecutor, you live under different standards than us peons. Enjoy living above the law, Steve-0. You can see the actual court decision here.

http://www.local15tv.com/news/local/story/Charges-Dropped-Against-Former-ADA-Steve-Giardini/xioZtNv1SEm7M8k7YlQ6Ww.cspx



Charges Dropped Against Former ADA Steve Giardini



(MOBILE, Ala.)  Just a week before his trial was set to begin, the charges against a former Mobile County Assistant District Attorney have been dropped. Steve Giardini, who once prosecuted sex offenders, was charged with child sex crimes. 

Giardini's first trial ended with a hung jury May 2011. A judge Monday afternoon granted the defense motion to dismiss the charges and also granted the defense motion for judgement of acquittal.

Giardini may have thought he was chatting online and on the phone with a 15-year-old girl, but in reality, he was talking to a male, undercover FBI agent. Their conversations were extremely sexual in nature. But because there was no victim, the judge said there was no case.

"The statute under which Steve was charged is a decades old statute that was never designed for computer solicitation or anything of that nature," said Giardini's defense attorney Dennis Knizley.

Knizley says now there is a law that covers when perpetrators think they are soliciting minors, even if they're not. Giardini had been charged with that, too, but the charge was dropped because the law went into effect in May 2009, one month after Giardini's activity stopped.

We went by Giardini's  Midtown home for comment Tuesday. No one came to the door.

Knizely says it's been three years, nine months since this case began, and with the judge's ruling, it's finally come to an end.

"It's not something to be condoned, but just because we don't like the conduct does not necessarily make it criminal. And in this case it was not criminal," said Knizley.

Knizley says Giardini has an active law license and family in Huntsville, but he has not discussed what Giardini's plans for the future are. 

The Alabama Attorney General's Office prosecuted the case and emailed this statement Tuesday afternoon:

"We are disappointed in the ruling of the court. We feel that our case was strong and cogent. We have no further comment at this time." 

Monday, November 5, 2012

Former legislator now must register as a sex offender

I don't know what his track record is on sex crimes, but I don't recall any dissenting votes when Alabama passed the Adamned Walsh Act.

http://blog.al.com/wire/2012/11/former_state_legislator_princi.html


Former state legislator, principal James Thomas convicted of sexual contact with student

The Associated PressBy The Associated Press 
on November 02, 2012 at 12:14 PM
Former Rep. James Thomas trialFormer state legislator James Thomas in the courtroom with his attorney Lewis Gillis in Camden, Ala., earlier this week. (AP Photo/Dave Martin)
CAMDEN, Alabama — Former state Rep. James Thomas has been convicted of a charge of having sexual contact with a student. He was acquitted of a felony sexual abuse charge.
The 69-year-old Thomas was charged with having sexual contact with a 17-year-old honor student in his office at Wilcox-Central High School in Camden in November 2010.
The victim, now a 19-year-old college student, testified that Thomas kissed her and forced her to touch his "private parts."
Circuit Judge Jack Meigs ordered Thomas immediately taken into custody and set sentencing for Dec. 13.
District Attorney Michael Jackson said Thomas will have to register as a sex offender and won't be able to continue as principal. He has been on administrative leave for the past two years while he awaited trial.

Wednesday, October 31, 2012

Halloweenitis invades Alabama, 2012 edition

It's my birthday. Yes, I was born on Halloween. It is the day for scary things, and nothing is scarier than the fearmongering of our local members of the "law enforcement community."

I'm sure there will be more of the same as the day continues, but here are a couple of stupid articles exacerbating the new sex offender urban myth:

http://blog.al.com/spotnews/2012/10/post_809.html


Watch out for sex offenders on Halloween, Jefferson County authorities warn
 By Carol Robinson | crobinson@al.com
on October 30, 2012 at 2:11 PM, updated October 30, 2012 at 2:33 PM Email | Print

JEFFERSON COUNTY, Alabama - As if Halloween isn't creepy enough already, the Jefferson County Sheriff's Office has issued a warning to remind trick or treaters to stay away from the real creeps.

The ghoulish truth is convicted sex offenders are out there, sheriff's officials said, and parents and children need to know where they are and avoid those homes when planning their routes.

"It's just the world we live in now,'' said Chief Deputy Randy Christian. "The truth is it has always been a safety issue, but back in the old days there was no sex offender registry available. Our children were just out there without a safety net."

"The fact that we know where they are now is very helpful in arming our parents with that information,'' Christian said, "so they can make safe, good , decisions about avoiding them and keeping our young people out of harm's way."

To find out if there are any sex offenders nearby, go to the sheriff's office website at www.jeffcosheriff.net and click on Sex Offenders. "What we want more than anything,'' Christian said, "is for all of our little ghost and goblins to have a safe and fun Halloween."

http://blog.al.com/breaking/2012/10/huntsville_police_increase_pat.html


Home Owners Should: Have a well-lit home both inside and out to prevent vandalism and injuries, remove all obstacles from their lawns to avoid injuries and don't use candles in ornaments that could set a fire.

Check their neighborhoods for known sex offenders by visiting _____ (website deleted)

I'd like to remind these people that research has shown that these laws are not necessary, as Halloween has already been safe. http://www.oncefallen.com/HalloweenLaws.html

There is no statewide law banning registrants from participating in Halloween, but use caution before engaging in any Halloween Activity. Cops are looking for any excuse to detain you.

Tuesday, October 16, 2012

Mike Jones trying to prevent halfway house in Andalusia

Another Alabama State Rep exploiting public fear for a re-election bid wants to stop a halfway house for registrants. Contact him and show him why preventing halfways houses for registrants is a bad idea.

http://www.wtvy.com/home/headlines/Sex-Offender-Half-Way-House-Rep-Mike-Jones-171848531.html


Sex Offender Half-Way House Rep. Mike Jones

One Alabama lawmaker says ... He hears the concerns of Covington County residents regarding a possible halfway house for sex offenders ... Loud and clear.
Representative Mike Jones of Andalusia says he plans to co-sponsor a bill ... To keep convicted sex offender Carlton Bender ... From building such a facility.
It would be located in the natural bridge community near the Covington Walton county line.

Rep. Jones's contact info:


REPRESENTATIVE
MIKE JONES

(R)

 


92nd District
(Covington and Escambia)


State House:Room 427-E
11 S. Union Street
Montgomery, AL 36130
(334) 242-7739
Home Address:


Work Address:
486 Sutton Road
Andalusia, AL. 36420

P.O. Box 957
Andalusia, AL. 36420

Home Phone:
Work Phone:
Cell Phone: Fax Number:

(334) 222-4367
(334) 222-0111
(334) 804-8240
(334) 427-1671

Email:

mljatty@andycable.com

Saturday, August 25, 2012

For law enforcement and neighbors, sex offender clusters present difficult problem

This is an article from the Mobile County Lagniappe, a local interest paper. I thought it was a very well written piece, not just because I'm in it.

http://classic.lagniappemobile.com/article.asp?articleID=5688&sid=1

For law enforcement and neighbors, sex offender clusters present difficult problem


By Katie Nichols
Issue# 
AUGUST 7, 2012

A grandmother sits outside her West Mobile home watching her 6-year-old grandson do figure eights on a bicycle. A typical summertime scene played out in most residential neighborhoods every day until the threatening skies of an afternoon thunderstorm forces little ones and their caretakers safely back inside. But little did this grandmother know there was something far more potentially threatening than the dark afternoon skies living less than a mile away.

The grandmother interviewed by Lagniappe seemed shocked to learn a "cluster” of sex offenders live so close to her. But how could she know? Her home falls just outside the zone required for notification of a sex offender’s presence.

"There’s how many sex offenders over there?” asked the grandmother, who wished to remain anonymous. "There’s 12 sex offenders just up there? Well, he ain’t coming out here by himself anymore.”

The grandmother lives close to one of three groupings of more than 10 sex offenders in Mobile County. She just happens to live near the largest inside the city limits — the Taylor Motel, located at 2598 Government Boulevard. According to county records, 12 convicted sex offenders currently live at the motel.

The grandmother starts to gather the kid’s bike and other toys and said, "He’s not going to be around any of them. I’d trust a murderer with him before I did a pedophile.”

While the grandmother worries about her young grandson, men who are "forced” to live in  sparse cinder block motel rooms, like those at the Taylor, say they have served their time, but they’re still in a virtual prison. 

Sex offenders all over the nation are convening together, and not because they want to live with other sex criminals, but because the laws are inadvertently creating these "clusters.”

A sex offender cluster is a concentrated group of registered sex offenders who live at the same address. These typically can form in motels and mobile home parks, but can also develop in some apartment complexes. "Clustering” is happening all over the country because, according to experts, it is an "unintended consequence” of state laws that limit where offenders can live.

In Mobile County, there are three clusters with more than 10 offenders living permanently. The largest grouping of sex offenders in Mobile County is at a modest RV park in Irvington, with 15 offenders living at 7530 Highway 90, according to OffenderSearch, an online database for sheriff’s offices. The two other clusters are in Mobile and are less than five miles apart. Twelve sex offenders live at Taylor Motel, and 10 offenders live at Crest Hotel, 4421 Government Blvd., according to OffenderSearch.

Every sex offender Lagniappe spoke to freely admitted they are social pariahs. Securing a decent job, housing or a normal life is nearly impossible, but it can happen if you luck into finding a person willing to help, which is rare.

One person who saw a need for a space for sex offenders to live is Bill Buckner, who owns and operates the RV park in Irvington. 

"I’ve been letting sex offenders stay here since 2002, but I’ve owned the place since 1998,” he said. "I do it because a lot of them have no other place to go. I have some mighty fine guys out there, and I have some that aren’t.”

Buckner doesn’t have anything against sex offenders, but doesn’t put up with violent ones.

"I don’t have to run them out of here … the police do that,” he said. "I don’t have a big turnover like some of the other places. Right now I have two or three guys in jail because they weren’t doing what they’re supposed to do. A lot of the guys here are trying.”

Buckner is clearly respected by the tenants and for good reason. The detectives in charge of monitoring the sex offenders call him when there’s a problem. 

"It’s not my responsibility to watch them, but, yeah, I do take it as my own,” he said. "If they’re doing what they should, then it’s better for everyone.”

Even though most of Buckner’s tenants are appreciative of his kindness, not everyone likes having an area teeming with sex offenders in their city. Buckner talked about people’s reaction to his tenants and said once people find out they either treat him like a sex offender, which he is not, or don’t really care.

"I can tell when people have a problem. They don’t have to say anything, but I’ve been around the block and can tell when it bothers them,” he said. "You have other people that don’t hold it against you and then you have those that do. It doesn’t bother me though. I’m doing what I think I should.”

One of the people who support Buckley’s decision happens to be residing at the RV Park. Don, who is not a sex offender, didn’t want his last name revealed and has lived in the park on and off for 13 years, said living in the park is "extremely tense.”

Living among sex offenders isn’t Don’s wish, but he said sometimes you have to do what you have to do.

"I wish (Buckner) wouldn’t have done it, but he’s a great person and friend so I’ll respect his decision,” Don said. "There are some people here who I think shouldn’t be on the list and then there are others that shouldn’t be living.”

Don motioned to an RV just a few feet from his camper and said, "This guy here is a piece of trash. He’s a real pedophile. You got guys like him who are just sick and then you got guys that work, try to do right and make something out of themselves. They’re the ones who shouldn’t be on the list.”

Don isn’t just an average person living amongst sex offenders. A long time ago, Don said, a pedophile took one of the most precious things in his life.

"I had a child killed by a sex offender,” he said with tears in his eyes. "That pedophile killed my 9-year-old daughter. I will never get over that. My wife Betty, who is now dead, never got over it. 

"There’s no place in this world for a pedophile,” he added.

The grandmother near Taylor Motel felt the same way.

"If you’re found guilty of hurting a child like that, then … I just don’t know. People like that can’t be with the rest of civilization. There’s something just wrong with them, and I don’t think they can get better,” she said. "It’s like once you have that against you, then the rest of the world … the regular world, is against you.”

The sex offenders interviewed said they feel the same — that there are few places for them, and they’re always against everyone else. 

"It was incredibly hard for me to find a place,” said convicted sex offender Ron Morrison who lives at the RV Park. "When I got out of prison the law was you couldn’t leave as a sex offender if you didn’t have an address. You couldn’t be homeless and be a registered sex offender. 

"Well, I spent an extra 20 days in prison because I didn’t have anywhere to go.”

Morrison was one of many sex offenders who spoke with Lagniappe who was at one time homeless. Morrison however, has a different set of challenges. 

"I was living in the woods because I didn’t have anywhere else to go and I almost died,” he said. "I was out there for weeks without supplies for my colostomy. Anyway, I walked out of the woods without any clothes on beside my drawers and a couple of people just happened to pass by. They called 9-1-1 and I spent a long time in the hospital. I didn’t want to live in the woods, but I didn’t have anywhere else to go.”

M.C. Hudson and Gary Padgett, who both live at the RV Park, also had difficult experiences finding a place to live that are accepted by state law. 

"It’s pretty tough,” Hudson said. "I’d been several places before here. Whenever the fliers (notifying about a sex offender) go out, that’s when you get evicted and you gotta move again.”

Even among sex offenders, they tend to separate themselves from each other.

During interviews, a clear line separating convicted pedophiles, a person attracted to children, and other sex offenders formed quickly. Non-sex offenders and sex-offenders alike classified pedophiles as the lowest of the low. Other sex offenders who said they should one day be removed the registry also stated pedophiles should never be let out of prison. 

"There’s a lot of people on the list that shouldn’t be,” Morrison said. "I was convicted 21 years ago of fondling my niece. My stepdaughter started that mess and even my niece’s mom said I didn’t do anything. I pleaded guilty before I knew what it meant. I haven’t been convicted of any other sex offense since, but I’m still a sex offender.”

Morrison, who was convicted of sexual abuse first degree of a 6-year-old, supported the idea of others that pedophiles are a lower class of sex offender. 

"I don’t see how anyone can want a child like that,” he said. "It’s not right.”

Each sex offender interviewed said pedophiles shouldn’t be allowed out of prison, but argued for leniency for their own situations, although some had been convicted of abusing children under 12 years old.

A remedy for the clustering and living arrangements in general for sex offenders is not something easily solved.

The problem, Mobile County Sheriff Sam Cochran said, is no one wants sex offenders living near schools and daycares nor do people want sex offender clusters, but the two create each other.

"There are very few places in the city of Mobile where a sex offender can live, so that’s why you get the clustering,” Cochran said. "It’s easier to find places to live for a sex offender in rural areas, but then they are away from public transportation and places where they get treatment for mental problems and drug or alcohol problems.”

The solution is something that evades legislators and law enforcement officials alike. 

"No one wants to appear to be sympathetic to sex offenders especially elected officials,” Cochran said. "That being said, I’m not sure what can be done to deal with clusters and sex offenders living near places where there are children.

"I think if there was a place where sex offenders could live sort of separately and get the help they need would be the best, but that would probably be a problem somehow too.”

In Mobile County, there are 185 active registered sex offenders according to Cochran. Keeping up with them, including the 19 homeless offenders can be tricky, but technology has helped with the problem.

"We now are part of the state’s system that people can check 24 hours a day,” he said. "The deputies can use that to put an address in and see if it violates any rule of living 1,000-feet from a school or daycare.”

Although technology has helped with tracking, ever-changing laws typically mean new challenges for law enforcement, but sometimes the new laws can help agencies.

"Well, usually the laws make it more difficult, but recently a law was passed that sex offenders can leave prison without an address. 

"It used to be that we would have to hold them until they found a place to live. That meant I’d have a lot of sex offenders who had served their time just sitting in prison, which costs money.

"Well, now they can be homeless as long as they check in every week. They have to give us an area they live in like a bench or bridge. Even then, they can’t stay in certain areas.”

Keeping up with sex offenders even with dedicated deputies, police, volunteers and technology doesn’t mean there won’t be some who fall through the cracks. 
It became apparent in talking with people who live in clusters that not everyone who is registered at an address actually lives where they say they do.

"Oh, that guy hasn’t been here in about a month,” Don said. "There are a lot of them who say they live here, but don’t. They get caught here though because Bill and I’ll tell the police.”

An employee at Taylor Motel spoke to Lagniappe on the condition of anonymity. The employee went down a list of sex offenders who were supposed to live at the motel.
A number of the offenders moved out weeks ago and were not registered at other locations, lived at the motel only on the weekends or simply held that address, but did not actually live there, the employee said.

Even though the likelihood of changing state laws to help sex offenders is slim-to-none, there are a few offenders who work toward the goal.

Derek Logue is a registered sex offender and unless laws change, he will always need to register or check in anytime he moves or goes on vacation more than a couple of days.
Logue pleaded guilty to sexual assault first degree in 2000 after he had contact with an 11-year-old girl in Alabama. 

After his conviction and three years served in the Bullock County Correctional Facility in Union Springs, Ala., Logue began trying to change laws regarding sex offenders through groups like ReFORM Alabama (Registered Former Offenders Restoration Movement), in which he is active.

Logue, who now lives in Cincinnati, says if he had it his way, people convicted of a sexual offense would serve their time and be done with it. 

"The registry doesn’t work,” he said in a phone interview. "Limiting where sex offenders can live doesn’t work either. We’ve served our time.”

Logue said the rate of recidivism is lower for sex offenders than nearly any other major crime, yet the group is monitored unlike bank robbers, murderers and other criminals.
According to the Bureau of Justice Labor Statistics, the rate of recidivism for sex offenders three years out of prison is 5.3 percent and compared to non-sex offenders released from state prisons, released sex offenders were four times more likely to be rearrested for a sex crime.

The bureau also found about 1 percent of the released prisoners who had served time for murder were arrested for another homicide within three years, and about two percent of the rapists were arrested for another rape within that period.

While murderers and rapists (classified separately) are less likely to commit the same crime than sex offenders, sex offenders are still among the lowest for rearrest compared to other offenses, according to the bureau.

Logue said the stigma attached to sex offenders is what causes problems for the convicts. 

"When I was trying to find a place to live after I was released from prison, which you have to do or you’re arrested for failure to register, I searched everywhere for a (half-way) house that took sex offenders,” he said. "Just a few days before I was released I heard back from a house in Ohio.

"I’m from Sheffield, Ala. and I moved back there in 2009. Then, I moved back to Ohio, but if I want to even go visit my mother, who lives in the country (rural area), I have to register there if I’m going to be there for like five days. Other convicts don’t have to worry about registering. The registry isn’t a magical list.”

Not surprisingly, Logue is not in favor of any type of anti-clustering laws, and cited Jefferson County’s 2011 legislation as how laws can create problems and not solutions.
He felt the laws only hindered rehabilitation for sex offenders.

"Sex offenders should have another chance,” he said. 

A second chance will be hard to come by though. Law enforcement officials, lawmakers, neighbors and even other sex offenders were not quick to offer another shot at life.

"Why should they have another chance,” the grandmother asked. "If they were found guilty, then they’re guilty.”

Toeing the line of pedophile versus other sex offenders, Hudson, who lives at the RV park and was convicted of sodomy first degree of two females and one male under the age of 16, said people who hurt children shouldn’t be helped either.

Don, the man who isn’t but lives among them and who counts several sex offenders as his friends, said certain convicts shouldn’t be required to register, but others should never be released from prison. 

Sheriff Cochran summed up the plight of the offenders. 

"Even if you want to help them, you can’t,” he said. "No one can look like they’re helping sex offenders.”

With clusters still legal in the state of Alabama and no a solution in sight, a 6-year-old boy stays with his grandmother less than a mile away from a cluster where two sex offenders abused another 6-year-old, and Don, who’s 9-year-old daughter was killed by a pedophile, lives just feet from an offender who was convicted of abusing an 8-year-old. 

The only thing the offenders and non-offenders have in common are neither are happy about the situation.  

Tuesday, July 17, 2012

Poor Land in Jail as Companies Add Huge Fees for Probation

This is another thing about Alabama to watch out for; most of us on the registry do not have the money to pay our fines and other penalties. It really is all about the money.

http://www.nytimes.com/2012/07/03/us/probation-fees-multiply-as-companies-profit.html?_r=4&pagewanted=all


Poor Land in Jail as Companies Add Huge Fees for Probation
By ETHAN BRONNER
Published: July 2, 2012


CHILDERSBURG, Ala. — Three years ago, Gina Ray, who is now 31 and unemployed, was fined $179 for speeding. She failed to show up at court (she says the ticket bore the wrong date), so her license was revoked.


When she was next pulled over, she was, of course, driving without a license. By then her fees added up to more than $1,500. Unable to pay, she was handed over to a private probation company and jailed — charged an additional fee for each day behind bars.


For that driving offense, Ms. Ray has been locked up three times for a total of 40 days and owes $3,170, much of it to the probation company. Her story, in hardscrabble, rural Alabama, where Krispy Kreme promises that “two can dine for $5.99,” is not about innocence.


It is, rather, about the mushrooming of fines and fees levied by money-starved towns across the country and the for-profit businesses that administer the system. The result is that growing numbers of poor people, like Ms. Ray, are ending up jailed and in debt for minor infractions.


“With so many towns economically strapped, there is growing pressure on the courts to bring in money rather than mete out justice,” said Lisa W. Borden, a partner in Baker, Donelson, Bearman, Caldwell & Berkowitz, a large law firm in Birmingham, Ala., who has spent a great deal of time on the issue. “The companies they hire are aggressive. Those arrested are not told about the right to counsel or asked whether they are indigent or offered an alternative to fines and jail. There are real constitutional issues at stake.”


Half a century ago in a landmark case, the Supreme Court ruled that those accused of crimes had to be provided a lawyer if they could not afford one. But in misdemeanors, the right to counsel is rarely brought up, even though defendants can run the risk of jail. The probation companies promise revenue to the towns, while saying they also help offenders, and the defendants often end up lost in a legal Twilight Zone.


Here in Childersburg, where there is no public transportation, Ms. Ray has plenty of company in her plight. Richard Garrett has spent a total of 24 months in jail and owes $10,000, all for traffic and license violations that began a decade ago. A onetime employee of United States Steel, Mr. Garrett is suffering from health difficulties and is without work. William M. Dawson, a Birmingham lawyer and Democratic Party activist, has filed a lawsuit for Mr. Garrett and others against the local authorities and the probation company, Judicial Correction Services, which is based in Georgia.


“The Supreme Court has made clear that it is unconstitutional to jail people just because they can’t pay a fine,” Mr. Dawson said in an interview.


In Georgia, three dozen for-profit probation companies operate in hundreds of courts, and there have been similar lawsuits. In one, Randy Miller, 39, an Iraq war veteran who had lost his job, was jailed after failing to make child support payments of $860 a month. In another, Hills McGee, with a monthly income of $243 in veterans benefits, was charged with public drunkenness, assessed $270 by a court and put on probation through a private company. The company added a $15 enrollment fee and $39 in monthly fees. That put his total for a year above $700, which Mr. McGee, 53, struggled to meet before being jailed for failing to pay it all.


“These companies are bill collectors, but they are given the authority to say to someone that if he doesn’t pay, he is going to jail,” said John B. Long, a lawyer in Augusta, Ga., who is taking the issue to a federal appeals court this fall. “There are things like garbage collection where private companies are O.K. No one’s liberty is affected. The closer you get to locking someone up, the closer you get to a constitutional issue.”


The issue of using the courts to produce income has caught the attention of the country’s legal establishment. A recent study by the nonpartisan Conference of State Court Administrators, “Courts Are Not Revenue Centers,” said that in traffic violations, “court leaders face the greatest challenge in ensuring that fines, fees and surcharges are not simply an alternate form of taxation.”


J. Scott Vowell, the presiding judge of Alabama’s 10th Judicial Circuit, said in an interview that his state’s Legislature, like many across the country, was pressuring courts to produce revenue, and that some legislators even believed courts should be financially self-sufficient.


In a 2010 study, the Brennan Center for Justice at the New York University School of Law examined the fee structure in the 15 states — including California, Florida and Texas — with the largest prison populations. It asserted: “Many states are imposing new and often onerous ‘user fees’ on individuals with criminal convictions. Yet far from being easy money, these fees impose severe — and often hidden — costs on communities, taxpayers and indigent people convicted of crimes. They create new paths to prison for those unable to pay their debts and make it harder to find employment and housing as well as to meet child support obligations.”


Most of those fees are for felonies and do not involve private probation companies, which have so far been limited to chasing those guilty of misdemeanors. A decade or two ago, many states abandoned pursuing misdemeanor fees because it was time-consuming and costly. Companies like Judicial Correction Services saw an opportunity. They charge public authorities nothing and make their money by adding fees onto the bills of the defendants.


Stephen B. Bright, president of the Southern Center for Human Rights, who teaches at Yale Law School, said courts were increasingly using fees “for such things as the retirement funds for various court officials, law enforcement functions such as police training and crime laboratories, victim assistance programs and even the court’s computer system.” He added, “In one county in Pennsylvania, 26 different fees totaling $2,500 are assessed in addition to the fine.”


Mr. Dawson’s Alabama lawsuit alleges that Judicial Correction Services does not discuss alternatives to fines or jail and that its training manual “is devoid of any discussion of indigency or waiver of fees.”


In a joint telephone interview, two senior officials of Judicial Correction Services, Robert H. McMichael, its chief executive, and Kevin Egan, its chief marketing officer, rejected the lawsuit’s accusations. They said that the company does try to help those in need, but that the authority to determine who is indigent rests with the court, not the company.


“We hear a lot of ‘I can’t pay the fee,’ ” Mr. Egan said. “It is not our job to figure that out. Only the judge can make that determination.” Mr. Egan said his company had doubled the number of completed sentences where it is employed to more than two-thirds, from about one-third, and that this serves the company, the towns and the defendant. “Our job is to keep people out of jail,” he said. “We have a financial interest in getting them to comply. If they don’t pay, we don’t get paid.”


Mr. Bright, of the Southern Center for Human Rights, said that with the private companies seeking a profit, with courts in need of income and with the most vulnerable caught up in the system, “we end up balancing the budget on the backs of the poorest people in society.”

Monday, July 2, 2012

Opinion column puts the DOH! in the Dothan Eagle


In DOH-than's defense, they ARE this close to Flori-DUH. 

Just when I think the news cannot get any dumber, you get this idiotic op-ed courtesy of the Dothan Eagle.

Thanks, DOH-than Eagle!

Geez, only in Alabama could this crap pass for news worthiness.

 http://www2.dothaneagle.com/news/2012/jul/01/letter-modest-proposal-ar-4072284/


Letter: A modest proposal


By: Bill DeJournett, Dothan | Dothan Eagle 
Published: July 01, 2012


Jerry Sandusky, the convicted child molester, will spend the rest of his life in prison at taxpayers’ expense.  Why not just buy a 10-foot rope and toss it into his cell?  If he is on a suicide watch, let his own hand execute justice. 


Justification can be found in the Bible; see Mark 9:42.  Jesus said "And whosoever offends one of these little ones, it is better for him that a millstone were hanged around his neck, and he were cast into the sea." 


My interpretation of this Holy Scripture is that suicide is a better option for child molesters, not 40 years in prison. 


Let not your heart be troubled about the possible repercussions from the bleeding heart liberals, who would scream "inhumane cruelty."  God has specified exact judgment and he is not cruel.


Oh well, I know this is not going to even be considered because of our sin nature and the spiritual disobedience in our society. 


Am I wrong?


Bill DeJournett


Dothan



And here is a comment in the message board:


You damn straight you are wrong, Bill. Shame on the Dothan Eagle for even posting this vile filth! And to top it off, the man MISQUOTES SCRIPTURE!


2 Peter 1:20-- Above all, you must understand that no prophecy of Scripture came about by the prophet’s own interpretation of things.


So Bill's private revelation is invalid.


Next time, read the entire chapter. 


If you read Matthew 18, which also has the same verse, you'd understand Christ was speaking of any dissent and scandal within the church which led ANY BELIEVER astray, which is EXACTLY what Bill is doing. 


Another thing, Johnathan Swift's 'A Modest Proposal' was a satirical discussion of cannibalizing children for the sake of humankind. I can think of no better headline to describe the farce of Bill's entire stupid argument.

And


Nothing like using the Bible to justify hatred and violence. What about the verse in Galatians that says, "a man who says he loves God yet hates his brother is a liar?" 


No amount of hate, intolerance, or vile suggestions will help Sandusky's victims (or victims of abuse anywhere) heal. Perpetuating the cycle of pain makes you no better than those you wish death upon.


Well stated.


Guess what else passes for news in DOH-than?