First, the Earliest Report of Confinement on Halloween is:
The oldest report of Halloween confinements appears to be in California, in November of 2000, "Sweet Tooth" Operation Boo keeps pedophiles in check on Halloween, by Amy Yannelle.

Apparently 104 child molester (or later termed rapists) parolees have been placed under "House Arrest" from 5 P.M. until 5 A.M. the morning after Halloween. Porch lights must be off and they cannot answer the door unless the person announces himself, and it must only be someone from law enforcement. There can be no Halloween decoration either inside or outside the home, no costumes and they cannot possess or hand out candy. Law enforcement may or may not return after their initial home check.

The article also tells us, "Operation Boo" is a joint effort of the California Department of Corrections and the Sacramento County Sheriff's Department. Operation Boo is the brainchild of two parole officers, Greg Cundiff and Bettenhausen and began several years earlier [1993], and is now being copied by a handful of law enforcement agencies throughout the state, including those in Shasta and Yuba counties.

---

Illinois: DeKalb Advisory was issued asking the community to check the state's sex offender registry. Police offered the public safety tips, and hours of Trick or Treating were posted..

Illinois: Rockford Advisory was issued asking the community to check the state's sex offender registry. However, here Sgt. Chuck O'Brien "accuses all sex offenders of having a problem, not only on Halloween, but 365 days a year. [11]

---

Oklahoma: Tulsa Advisory "Parents think about the dangers of trick or treating. But, one thing they likely don't think about is pedophiles making contact with their kids and giving them candy. We were astonished when we discovered there are more than 450 registered sex offenders in the city of Tulsa alone. That's only counting the ones who have been convicted and registered with law enforcement. So, we wanted to know how we can keep our children from visiting a sexual predator on a night when they're taking candy from strangers. "

"When we were children, we knew all our neighbors. And, it seemed like Halloween was more treats than tricks. These days, we as parents have to be so much more careful about what our kids do on Halloween and how they do it. "Have the kids group up together as long as they have two or three adults with them," says Tulsa Sheriff's Captain Bill Bass. "It doesn't have to be that parent, if you work. You can have a close friend or family member go with them." Captain Bass says long gone are the days when children could go trick or treating alone or in strange neighborhoods. "Stay close to them, pay attention where you're going. Don't go to houses you don't know."

But even if you stick close to home, do you really know all your neighbors? You can quickly find out before trick or treating even kicks off. Most police and sheriff's departments, even our state, offer online sex offender registries. That's right, you can find out where convicted sex offenders live. It's easy, put in your zip code and the answers are there. Even though you arm yourself with this information, don't let your guard down when it comes to your child knocking on a door Halloween night or anytime. "Even though you have those published, there are still some that we may not be aware of, some that have not been charged yet, and haven't been convicted yet," Bass says. [14]

Here the media posted articles citing law enforcement's intent to check addresses of all registered past offenders. Hence, the question of whether they had to be home or not was raised. Sometimes Law enforcement failed to answer that question in the media reports published before Halloween.

---

Illinois: Cook County spent the day doing ANNUAL Residence checks (offenders had to be home), further, not all of those checked had child victims. Yellow cards were left for those not home, requiring them to again check in with police.

---

Florida: Tampa police say they plan to check up on registered sex offenders over the Halloween weekend, to make sure they live at the registered address. Interesting here is the use of crimes not committed on Halloween (8-28 & 10-5) to justify a Halloween blitz on sex offenders, ignoring that all other crime types which also occur affecting children. [12]

California: See "Operation Boo" above.

---

Florida: Jacksonville "The Florida Department of Correction parole officers say they will spot check homes of the supervised sex offenders Halloween night. Administrator Sharon Lord says they have rules as well. "They're not allowed to give trick or treat candies at the door, instructed to have their lights out and no Halloween decorations."

Florida: St. Augustine "About 35 sexual predators are under supervision throughout the county. Parole and probation officers instructed those under supervision to turn off porch lights and not hang any decorations."

Florida: Sulphur Springs Police officers also checked on 20 designated sexual predators and sex offenders living in the area "to make sure these people are reminded they cannot participate in Halloween and have that contact with children," Tampa police Lt. Chuck Stanbro said. "We want to make sure sexual predators are not putting candy out, decorating for Halloween, trying to entice kids to their houses," Police spokesperson, Laura McElroy, said.

---

Idaho: Boise's "Operation Lights Out" "This year sheriff's deputies and probation officers have teamed up to make sure your child doesn't trick or treat at a truly spooky house this Halloween. They will patrol neighborhoods ensuring high risk sex offenders turn off their lights. " ""It allows kids to have a very safe night. It keeps sexual predators from having access to kids so it's a win win all the way around," says Captain Freeman." "Captain Ron Freeman says most registered sex offenders aren't allowed to have contact with children." [This comment is not true] See also Article 2. Note that it covers both Saturday and Sunday.

---

New York: Operation Safe Sweets! ... Nassau County "Probation Officers will work overtime this Halloween to keep sexual predators from targeting kids, Nassau County Executive Tom Suozzi said yesterday. ... As part of this first-time Halloween crackdown, the county's probation department sent letters to registered offenders, reminding them to stay away from unsupervised kids, said Kevin Lowry, the county's criminal justice coordinator. 'We warned them not to decorate their houses to entice children,' said Lowry. 'And they can't open their doors to trick-or-treaters. That is considered unsupervised contact,' added Timothy Driscoll, deputy county exec for public safety. During prime trick-or-treating hours - 2 p.m. to 7 p.m. - probation officers will track known sex offenders through surveillance and random visits, said John Fowle, supervisor of probation's sex offense and domestic violence unit."

"Sexual predators may try to use Halloween as an opportunity to meet kids, officials said. 'They may not engage in criminal activity that day, but they may try to talk to children, find out where they live, what their names are,' Suozzi said. [13] ... "

---

Michigan: There were different programs going on in different counties. Several news articles misreported what was happening and where, so we have selected only those with correct information, and broken it down by county:

Washtenaw County: "Selected Probationers Only" In Ann Arbor, the Washtenaw County Circuit judges have ordered a group of sex offenders on probation to report to officials on Halloween to assure they are have no contact with children who will be trick-or-treating. The sex offenders on probation were sent notices ordering them to report to the county’s community corrections building by 3:30 p.m. Oct. 31. The measure, the brainchild of a Washtenaw County probation officer, will affect about 35 to 40 sex offenders convicted of either second-degree or fourth-degree criminal sexual conduct, said Leo Lalonde, a Michigan Department of Corrections spokesman. Second- and fourth-degree criminal sexual conduct are less serious offenses that do not include sexual penetration. Those convicted of first- and third-degree criminal sexual conduct are sentenced to prison and then released on parole. The Washtenaw County measure does not apply to sex offenders on parole because they are not supervised by the probation department.

Important comment: Leo Lalonde / Russ Marlan, for the Department of Corrections:"The agents went through their cases and separated those who were deemed predatory from others, and those predatory people will be supervised," said Corrections spokesman Russ Marlan. "The judges were supportive of the idea." Washtenaw County sex offenders who were ordered to appear on Halloween and don't show up will be charged with a probation violation, according to the judges' order. The sex offenders were advised they can bring a sack lunch, headphones and reading material. They will be released when staff members decide to let them go for the evening, Lalonde said.

Federal law definition: 14071. Jacob Wetterling Act, (a)(3)(e)..Predatory Definition: "(E) The term 'predatory' means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization."

Wayne County: "All Probationers & Parolees" Law enforcement officials in Wayne County are getting ready to fan out to the homes of 316 sex offenders to make sure they are not in violation of their parole or probation, and to remind them that they are not to have any contact with youngsters, especially on Halloween night. “We will be doing home checks to make sure they are living up to the conditions, (and) we think if we go out and to let them know we are watching, it is a deterrent,” said Wayne County Sheriff Warren Evans..

Wayne County Sheriff Warren Evans commented: “This is the population that has a history of the kinds of offenses that we are concerned about, particularly on Halloween.” “If we don’t go out, they will be out on Halloween to be predators. We are not trying to be draconian. We are just making sure they are not in violation (of their parole or probation).”[15]

Ingham County: "All Probationers & Parolees" Ingham County parole officers have instructed paroled and probated child sex offenders not to give out candy on Halloween. Further, they are instructed to turn out their front porch lights, act as if they're not home and leave trick-or-treaters alone. Parole officers will be making checks on these individuals to make sure they are meeting those requirements.

Oakland, Macomb and Montcalm: Russ Marlan, spokesperson for the Michigan Department of Corrections, said, "Offenders in Wayne, Oakland, Macomb, Washtenaw, Montcalm and Ionia counties and in the Lansing area will be monitored in numerous ways, said Marlan, and those who have been told to have no contact with children have been reminded not to join in Halloween activities. The program is a preventive measure and not in response to an increase in child molestations on Halloween, he said. "

"In Oakland and Macomb counties, teams of probation officers and police on Halloween will monitor between 35 and 45 probationers in each county with no-contact orders, making unannounced visits and doing surveillance of their homes, Marlan said. The teams will concentrate on highly populated neighborhoods. Parolees in Macomb, Oakland and Washtenaw counties will not be monitored this year, he said."

In another news report, Russ Marlan said, "says offenders are being watched, especially on Halloween. Offenders that are not to have contact with children have been warned by a letter or in person not to hand out candy or have any part in Halloween activities. Teams of parole and probation officers will be watching to make sure the offenders are doing just that.

'The offender may not even know the parole/probation officer is there watching. He may not even stop by, just sit outside the home and make sure the person is not participating in Halloween activities, and then move on to the next house,' said Marlan. This Halloween, even without a law requiring it, the Department of Corrections is running a pilot program in Washtenaw County requiring sex offenders there report to their parole officers at several central locations. But experts say, parents are still the best defense."

---

Texas: "Project Lights Out" is a program that began in Texas in 2002. As noted in this October-2003 news article "Terry Easterling, the head of adult probation in Potter County, got the idea from a television reporter three days before Halloween last year (2002) and implemented the program quickly." "Potter County began Project Lights Out last year (2002). Lubbock and Tom Green counties are using it for the first time Friday (2003).

2003: "Authorities in three West Texas counties have strict orders for sex offenders this Halloween: Go home, turn out your lights, close your blinds, and don't answer your door. Officials in Lubbock, Potter and Tom Green counties are requiring convicted sex offenders on probation whose victims were children to be home by 6 p.m. Friday. Officers will check on the 100 or so men and women throughout the evening."

2004 October: "The Texas Attorney General and the Texas Department of Criminal Justicewarn some paroled predators may try to use this weekend to lure in children. [16]

Throughout this Halloween weekend, 20 parole officers in the Austin area will be making surprise visits to the homes of convicted child molesters. Trick or treaters, don't be fooled. Paroled child predators are out there, but so is someone else. "Across the state we'll have 80 to 100 parole officers who will be working this weekend checking on sex offenders whose victims were children," Mike Viesca with the Texas Department of Criminal Justice said. It's a violation for those parolees to decorate their homes for Halloween, pass out candy or even have parties around children.

2004 October: "Bexar County District Attorney Susan Reed is ordering all registered sex offenders in the county to sit Halloween out, 1200 WOAI news reported today.

"Reed says she has worked through the county's probation and parole officers to require that convicted sex offenders sign a statement agreeing that they will not participate in any Halloween activities at their homes. They won't decorate, they won't turn on their porch lights," Reed told 1200 WOAI's Bud Little. "They will not give out candy, they will not be on the streets after dark."

Reed says Halloween should be fun, and should not be 'curb service' for child sex predators. "In other words, we're trying to keep kids from going to sex offender houses, knocking on the door, and having a pervert meet them there." Reed says the program which she is implementing this year is believed to be unique in the country, and she plans to continue it on future Halloweens. [17]

NOTE: In Bexar County targeted offenders were forced to sign a statement, and confined to their home; under house arrest!

2004 October: San Angelo "About 60 sex offenders from across the Concho Valley signed in Halloween night for a first-of-its-kind program that got perpetrators out of the neighborhoods and away from trick-or-treaters. Project BATS, a Halloween-themed acronym short for Better Assurance Through Supervision, mandated that sex offenders with child restrictions check in Sunday night at a location in San Angelo during the hours children would be rustling candy door to door. Seven counties - Tom Green, Coke, Runnels, Concho, Schleicher, Irion and Sterling - participated in the program."

"Rachel Cyphers, the sex offender unit supervisor with the Concho Valley Community Supervision and Corrections Department, said the idea sprang from last year's program, which required that offenders remain at home with their porch lights off. Three were arrested last year for failing to comply, she said. ''This is the only thing we're aware of like this that has child restrictions,'' Cyphers said.

In Tom Green County, four officers, including Cyphers, monitor more than 50 sex offenders with child restrictions. Sunday's program - which featured Power Point lectures on the law, registering as a sex offender and the effect of sex abuse - was designed to ''create empathy for the victims,'' said John Wilmoth, director of the sex offender unit."

---

Virginia: There were two different programs going on in Virginia: "Operation Trick-nor-Treat," and "Operation Porch Lights Out." These discretionary programs ("The department [VDOC] leaves it up to 43 regional probation and parole offices whether to participate in the programs," quoting Traylor) were applicable only to some sex offenders on parole or probation.

This year (2004) about 80 offenders in Prince William County attended, out of 12,820 listed on the Virginia registry. "Last year, probation department divisions in Prince William, Petersburg and Norfolk were the only state divisions that held meetings on Halloween night, and more than 280 offenders attended, Traylor said. He was unsure how many would attend this year and declined to say where the Prince William meeting will be held."

It appears these, 3-year old programs, flow from the Virginia Department of Corrections, according to Larry Traylor VDOC spokesperson. Various Parole or Probation officers, and local police seem to claim title to implementing one or the other within their respective jurisdiction. The provisions of these programs seem to be:

Operation Trick-nor-Treat:
"Traylor said the meetings that will be held Sunday night in Prince William, Virginia Beach and in Petersburg south of Richmond will consist of presentations, educational classes and question-and-answer sessions. "It's just another opportunity for treatment and supervision, for them to talk about their case or their particular situation."

Operation Porch Lights Out:
"It requires offenders to keep their porch lights off during prime Halloween hours to keep children from knocking on their doors." Larry Traylor said. Another news report added "... sex offenders can't be at any house where treats are being given out."

NOTE: Effectively, either offenders were confined to a VDOC approved location, or they were placed under house arrest. The terms of each program varied by the probation and parole office administering it.

KeyComments by Authorities:
"We've not had a sex related crime during the Halloween trick or treating time since probation and parole implemented this. It's a deterrent and keeps them off the street. ... " said Sergeant Pat Kelleher of the Petersburg Police Department.

"I cannot recall that any of our offenders have offended while they've been on parole on Halloween," ... said. "Our goal is to make sure they don't." said Randi Evans of the state's probation and parole department.

"... the programs are no different than any other restraint placed on offenders who are on parole or probation, regardless of the crime." Larry Traylor, a spokesman for the department, said.

"It's an unsavory abuse of power, a roundup and temporary incarceration of people based on their past without any suspicion of wrongdoing in the present," said Kent Willis, executive director of the ACLU of Virginia. "This smacks of gimmickry more than sound criminal justice policy. Children are more closely supervised on Halloween than any other night of the year."

Asked if Virginia sex offenders are known to cause trouble on Halloween night, Traylor said: "I have no evidence of that." He could not specify what prompted the program but said it has been used mainly in the Norfolk area.

Evans instituted the program after hearing about similar programs in other jurisdictions even though she is unaware of any Halloween offenses by area parolees. "I cannot recall that any of our offenders have offended while they've been on parole on Halloween," she said. "Our goal is to make sure they don't."

Political -or- Public Safety Reasons?
Megans' laws were enacted years ago to let the public know where registered sex offenders (RSOs) lived. If parents have used Megans' laws as intended, then they have already told their children which houses to stay away from 365 days a year! Halloween being one of the 365 days.

The media reported that, largely parents go "Trick -or- Treating" with their children, to see that they are safe. During those hours with so many people out and about, it would be hard to conceive that if anyone had a problem, that no one would help them immediately.

Further, no public servant pointed out any crime committed by any RSO during Trick & Treat hours on Halloween, in fact, the very Public Servants that initiated these programs reported they have no record of anyone on PPSR committing a crime on Halloween.

So why is it that a tiny number [See note 20 below] of the hundreds' of thousands of "RSOs" nationwide, need to be under "house arrest" or "confined in an approved place" during Halloween "Trick -or- Treat" hours?

Michigan tried to justify its actions (for 35-40 offenders in Washtenau County, but no justification in other counties) by implying that, those chosen were "predatory" in nature. We wonder, was Michigan's definition of "predatory" consistent with the Megan's law Federal Guidelines definition? [50] The news report does not say.

Everywhere else, Public Servants, fantasizing, created a mental image of a horrific crime, that may be committed by one of the targeted RSOs if they were not confined or restricted. A mere mental image found only in their minds, and alleging public safety! Reality is, Public Safety was a pretext, a ruse, a subterfuge for illegally confining RSOs. A political ruse!

As to persons already on PPSR, the Parole Boards and Courts had already determined, on an individual basis, that these people had earned the right to PPSR in the community. Prior Court or Parole Board orders existed permitting them to be in the community, and stated the terms and conditions of release. None of the RSOs had violated any of the original terms or conditions whatsoever.

So, why is it that local Public Servants felt compelled to act as they did, when their state legislature had already provided the public with Megans' laws which already notifies the public of the addresses of RSOs' homes? Why?