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News & Noteworthy © ---
Featured Issue 6-9-05
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A Gestapo Police state is established for sex offenders if this bill passes!
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6-9-2005 New York:
Senate Bill Would Require GPS Tracking for Sex Offenders |
.A decade after the enactment of legislation creating New York State's Sex Offender Registry, the New York State Senate has passed the "Tenth Anniversary Omnibus Sex Offender Registration Reform Act." The bill, sent to the Assembly, would strengthen Megan's Law in 25 ways, including mandatory notification by police when a registered sex offender moves into a community, lifetime registration of all sex offenders, requiring information about all levels of sex offenders to be posted on the Internet, and GPS monitoring for the worst offenders.
The legislation would require:
Mandatory Community Notification: Under current law, it is left up to the discretion of the police whether they notify community members about the presence of a sex offender. Under this legislation, police must take the following actions based on the offender's level: [snip]
Lifetime Registration: This bill would require the lifetime registration of all sex offenders. Under current law, only the worst offenders are required to register for life. Most sex offenders are registered for just ten years before they drop off the registry. [snip]
Website and Electronic Communication: This legislation expands the Division of Criminal Justice Services' website to include information about all sex offenders, not only the Level Three offenders under current law. In addition, visitors to the website would be able to register for e-mail notification regarding sex offenders living in, or relocating to, their zip code. [snip]
Global Positioning System (GPS) Tracking: This legislation would require all Level Three offenders to wear a GPS monitoring device for the duration of his or her registration. The Act includes numerous provisions relating to the type of GPS system the offender must wear, the offender's required contribution to its cost, penalties for the removal or disabling of the tracking device, and judicial authority to modify the tracking equipment. [snip]
In addition, the reform act also does the following: (a long list )
: by American Free Media
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6-9-2005 New York:
Legislature stalls on sex offender measures |
.ALBANY - Democrats and Republicans in the state Legislature are blaming each other for failing to pass measures that would restrict the movements of sex offenders and monitor them more closely. The Republican-led Senate and Democrat-led Assembly have each said toughening Megan's Law is a top priority for the session scheduled to end June 23.
Yet barring an agreement in Albany, 3,200 of the state's current 21,000 convicted sex offenders living in communities will drop from the public registry that identifies them. The decade-old law has a 10-year sunset provision for offenders deemed less of a risk. In addition, the Assembly and Senate differ on measures to require satellite monitoring of the most dangerous offenders and to require lifetime registration for lower risk offenders. The two houses had different solutions, and different rhetoric.
Senate Majority Leader Joseph Bruno called offenders known for high risk of further sexual attacks "psychos." The Republican discounted concerns over the civil rights of offenders targeted by the Senate package, which was passed Wednesday without Assembly agreement. [snip] "Check the facts," Silver said at a news conference. "We have a comprehensive package of sex offender legislation. We plan to do some post-session hearings and we hope to protect New Yorkers in a very comprehensive fashion from sex offenders." [snip]
But Democratic Sen. Velmanette Montgomery of Brooklyn, who cast one of the two "no" votes on the Senate package Wednesday, said the Senate's version is too harsh on the least dangerous offenders. She said the public registry would mark them for life for a sex offense that may not have involved children. "To jump to include every single body that may possibly be charged under this law is really a mistake," she said. Similarly, she said drug laws that mandated long sentences failed. "It ultimately became as hurtful as it is helpful ... certainly young people could be caught in this net."
: by The Associated Press
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Featured Issue: 5-25-05
A test of governmental power
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an incredible display of stupidity?
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5-25-2005 Binghampton, New York:
Sex offenders excluded from most of Binghamton |
.BINGHAMTON -- After mapping a quarter-mile radius from the perimeters of all schools, child day care facilities and parks, the city's administration has determined almost the entire city is now off limits to moderate- and high-risk convicted sex offenders. "Under the ordinance," Mayor Richard A. Bucci said, "Level 2 and 3 sex offenders cannot live or move throughout most of the city." [snip]
On May 4, the city council adopted the ordinance prohibiting Level 2 and 3 convicted sex offenders from living or moving within a quarter-mile -- 1,320 feet -- of any school, park or child day care facility; the measure took effect when Bucci signed it soon after its passage. The council also adopted an ordinance May 16 requiring organizations that treat those same sex offenders to notify residents and businesses within a quarter-mile. Enforcing the ordinance will most likely result in a court challenge. That's what Bucci wants. [snip]
It will start with violation notices, which the city will begin sending out this week to all convicted high-risk sex offenders with a registered address in "forbidden zones," Bucci said. Offenders will have to move outside the zones immediately after receiving the notification. [snip] Assistant Corporation Counsel Brian Seachrist, a city lawyer, said violators of the law could face a fine up to $500 and/or 15 days in jail for each day in violation. Cases most likely would end up in City Court, he said.
Continued below--
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The city council that should not be a city council, or needs new members because those they have now certainly lack vision.
Forgetting all the places already recognized as now being prohibited under the new law, there is one place they forgot about.
Sex offenders no longer have to register either because the place of registration is most likely within the prohibited zone.
All that can be said for this is, to the sex offenders in that area, there is nothing like going to court knowing full well you are going to win!
Further, if any sex offender is arrested or prosecuted, they immediately have a due process claim in that the meaning of it is, notice and opportunity to defend oneself.
More than likely these sex offenders will also have tort claims of malicious prosecution for which monetary damages would be warranted. PS: The city will also have to pay court costs.
The residents of this city need council members who are not going to waste their hard earned dollars as these council members are about to.
What other city services will have to be cut to pay for the cost of this mistake?
eAdvocate
continued---
That could pose a problem. City Court is in the forbidden zone where convicted sex offenders are prohibited. "As an officer of the court," said Broome County Public Defender Jay L. Wilbur, "how can I tell them to break the law? I'm going to have to ask for a court's suggestion on how we handle this."
Wilbur also asked how convicted offenders will go to the county Probation Department, the Social Services Department or the state's Division of Parole -- all of which are within the forbidden zone. Those limitations, he said, might make the law unconstitutional. "I do not think," Wilbur said, "preventing someone from going to court to challenge the law would be constitutional." [snip]
"A lot of questions can't be answered until we move forward with the enforcement," he said. "It's a true test of local government power."
: by RYAN DEUEL, Press & Sun-Bulletin
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