"If what we seek is to protect children from sex offenders, how do we accomplish that aim by imposing a 1,000-foot residency restriction ...?" Sheehan wrote. "If the offender is still permitted to visit and linger in such areas for protracted periods, so long as he does not sleep there, what actual protection have we provided our children? In truth, residency restrictions appear to be little more than a political placebo, offering false comfort to pacify the public's fear of sex offenders."Registered sex offenders frustrated in finding an eligible place to live have found themselves fighting it in court across Kentucky. One jury recently found a registered sex offender guilty but ordered no jail time or fine; in another incident, a charge was dropped against a sex offender when he agreed to move.
The judge also wrote that problems in Kentucky's law were exacerbated by the lack of a legal definition of a playground. He said that the county's patchwork of small cities could each strategically position a few swing sets throughout their borders to ban sex offenders from residing anywhere within their cities.
Residency restrictions on sex offenders are creating similar problems in Florida. Less than two years after Miami enacted a 2,500-foot residency restriction, sex offenders are living under expressway overpasses because there is no other legal housing available.
1 comment:
Actually, your idea is not that far off. The problem is that we react emotionally to the sex offenders, playing havoc with their constitutional rights. (Yes, I know... sex offenders don't HAVE rights, or shouldn't have! But that's another story). What is the solution? An amendment to the US Constitution!
It is obvious. Nobody wants sex offenders to live in their neighborhoods, or even their cities. I'm a parent, and I would fight tooth and nail to prevent sex offenders from living anywhere that children may live, even if their victims were people they knew. It means NOTHING to me; what means EVERYTHING to me is they committed an atrocious crime against children. That's enough for me.
Unfortunately, these sex offenders have rights. If they are not in prison, they will probably get the ACLU to sue the city and we will have to spend thousands of dollars defending the restrictions.
The ONLY thing, therefore, is to create an amendment to the US Constitution, creating sex offender colonies to restrict where these convicted sex offenders live in the first place. How to do this?
The first thing that needs to be done is to create an outline of such an amendment. I looked at the process for how an amendment is created. Here is the process:
Under Article V, there are two ways to propose amendments to the Constitution and two ways to ratify them.
To propose an amendment
1. Two-thirds of both houses of Congress vote to propose an amendment, or
2. Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments.
To ratify an amendment
1. Three-fourths of the state legislatures approve it, or
2. Ratifying conventions in three-fourths of the states approve it.
I would submit that the state legislature route would probably be more effective, but the congressional method can be tried first. It can effectively be used as a litmus test for voting, i.e., if someone doesn't want to vote for proposing the amendment in congress, their 2008 opponent can have a field day in saying that the incumbent protects sex offenders at the expense of children's safety, etc.
Such an amendment would solve many problems. First of all, the registry would not exist in its current form. Parents don't have to worry where the sex offenders live, as they all would, by law, have to live in the colony. This also eliminates the need for GPS, as the sex offenders would be restricted to the colony in the first place. No worries about convicted child molesters stalking your children's school or favorite park, or trolling on the Internet.
Next, registrants would constitutionally have to be subjected to non-court ordered search of their premises within the zone. In addition, all their mail and phone calls would constitutionally be authorized to be monitored for illicit activities. Internet usage would also be strictly regulated, with all file storage for every computer actually done at the server-level. In addition, emails would be assigned by the administration, no Instant messaging or accessing MySpace or other children sites allowed, and all keystrokes and sites visited will be recorded 100%. All costs for such usage would be borne out by the offender, incidentally.
All registrants would be required to work, with their paychecks being handled by the administrators. Deductions for medical, rent, all services, and everything else would be done automatically, and any credit the registrant have be used for discretionary income ONLY from the colony store. Also, EVERY registrant will be required to go through treatment appropriate to his crime, and be certified as cured; otherwise, he can be subject to a felony charge and returned to prison.
Now, please keep in mind one thing: The sex offender colony is NOT...repeat...NOT a replacement for tough, appropriately long, non-paroleable sentencing guidelines in the first place! THAT IS PARAMOUNT. The colony would exist because society cannot handle the large amounts of offenders in their neighborhoods, with the inherent terror parents have with the knowledge that offenders are around their children. Therefore, the colony is SPECIFICALLY for offenders to spend their entire registration periods in a constitutionally-approved manner, eliminating the need for registries as they exist now.
Keep in mind, many offenders also are able to leave the registry for certain crimes after a specified amount of time has passed. Therefore, once a registrant's time period has expired, he can petition the administration to be relieved of the duty to register and live in the SORERA zone. A panel of professionals, law enforcement individuals, and the offender's victim representatives, will go over the request. If they feel the offender is ready to join society, then he can leave the zone and live anywhere he wants, although he will have to permanently register with law enforcement wherever he goes for the rest of his life. Bear in mind, also, that any registrant who has to register for life will NEVER get the opportunity to leave the zone. Only the most benign of the registrants will ever be allowed to leave.
So there you have it. With a constitutional amendment, we can control where they live, where they work, and how they communicate, with confidence that they won't have a "relapse" when our own children are in striking distance.
Post a Comment