Posting #185 – HB912 & HB919 Legislation from Delegate Rob Bell - Charlottesville

By:  RSOL of Virginia
Date:  01/12/2010

Virginia Supporters,

We JUST found this article!

Budget Cuts Front and Center in Upcoming Slate of Measures, January 10, 2010:
Delegate Robert Bell will file a bill that would require homeless sex offenders to provide some sort of location as their “residence” to be listed in the state’s sex offender registry. “It was creating a loophole in the registry,” Bell said. “The whole point is that we need to know where you are if we need to find you. And if you leave, you have to tell somebody.”
Another Bell bill would ban registered sex offenders from the children’s museum on the Downtown Mall.
http://www2.dailyprogress.com/cdp/news/local/local_govtpolitics/article/budget_cuts_front_and_center_in_upcoming_slate_of_
measures/50801/

 Some of you commented to us after both the September and December Virginia Crime Commission meetings that Delegate Bell has no compassion and is a jerk. Indeed!

We called the Virginia State Police Sex Offender information phone number over a month ago and asked what the procedure was for a homeless RSO’s. They told us, “If a registrant becomes homeless they have 3 daysto notify the Virginia State Police in person of a stationary location like a parking lot, street corner, motel or tent in the woods where they are staying". So why would Robert Bell claim there is a loophole?

We are trying to find if there a current law for homeless RSO's, if ANYONE finds one please send it to us.

In Virginia, cities and counties aren't allowed to make their own S.O. safety zones or restrictions, it has to be statewide.
So how could Delegate Bell propose a bill just for the Children's Museum at the downtown mall? We don't think he could, it would have to be ALL Virginia Children's Museums OR ALL museums, period! We are looking into this too.

We suggest that if the homeless bill passes ALL homeless RSO's in Virginia camp out in the parking space of their district's Delegate or Senator or even move onto their local VSP Barracks property and pitch a tent. Then the VSP will know their comings and goings. Remember some VSP Barracks are 1, 2 or 3 hours away from some RSO's homes/locations, so how is a homeless person suppose to be able to get to and from their homeless spot to a VSP Barracks when they have no transportation? If this is the direction Virginia wants to go in then they need to fund homeless shelters for Registered Sex Offenders across the state. Currently NO homeless shelter in Virginia will accept a RSO.

If you'd like to contact Delegate Bell feel free, DelRBell@house.virginia.gov

 RSOL of Virginia

(Delegate Robert Bell received his copy of Dr. Richard Wright’s book Sex Offender Laws: Failed Polices, New Directions from the RSOL of Virginia during the Virginia Crime Commission meeting in Richmond on December 15, 2009)

Date:  01/14/2010

Virginia Supporters,

Delegate Rob Bell has filed two bills.

HB 912 Definition of residence for the purposes of the sex offender registry.
01/13/10
Sponsor- Robert Bell R-Charlottesville
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb912&Submit2=Go

Definition of residence for the purposes of the sex offender registry.  Provides that "residence" means, for any sex offender who declares himself homeless and has no permanent physical address, any single location described by him, which can be located with reasonable specificity, where he routinely spends the night.

HB 919 Offenses prohibiting proximity to children; children's museums; penalty. 
01/13/10
Sponsor- Robert Bell R-Charlottesville
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb919

Offenses prohibiting proximity to children; children's museums; penalty.  Provides that every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2010, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any children's museum. Virginia children's museums are named in the bill.

 

1st Response to Posting #185
From:  James Endicott
Date:  01/12/2010

Dear Delegate Bell,

I read recently that you intend to introduce some interesting legislation related to sex offenders.  The issues I write about are described on dailyprogress.com:

I'm not sure I understand your comment that there is a loophole in the state's sex offender registry.  A homeless person is homeless, whether or not they are a sex offender.  Requiring the homeless to present an address to a government agency seems patently ridiculous.  If the Commonwealth truly has a "need to know" where the homeless are, I recommend that a shelter willing to accept - in fact, welcoming - homeless sex offenders be established.

Secondly, rather than attempting to add more sex offender addresses to the current registry, you may  want to reduce the waste of limited tax dollars by removing the overwhelming number of citizens registered who are minimal or no threat to society.   The current registry includes, for example, citizens categorized as violent sex offenders who have no criminal record except a single offense against one of their children 15 years ago.  The annual cost to the Commonwealth in postage alone for this individual is over $120.

If you consider only the 17% of Charlottesville's sex offenders that are registered and not violent, the Commonwealth could save thousands in reduced postage, reduced website maintenance, and reduced law enforcement staff time, while maintaining a registry more useful to law enforcement and citizens alike.  Multiply those savings across all jurisdictions and the savings will be substantial.

Thirdly, regarding restrictions at the Virginia Discovery Museum, you will want to read Dr. Richard Wright's book, Sex Offender Laws: Failed Policies, New Directions.  He states, "...American policy responses to prevent or address sexual offending, particularly those enacted within the last twenty years have largely failed."  They have not reduced sex offenders recidivism rates, not provided safety, healing, or support for victims, not reflected the scientific research on sexual victimization, offending, and risk, or not provided successful strategies for prevention. "... these policies have failed by choice.  Policymakers choose to focus on the most heinous sex offenders while ignoring the most common sexual threats that people face."

To better understand that residency and public venue restrictions are completely ineffective, you will want to review Statement on Sex Offender Registry Restrictions in Iowa.  The threat to children is                             proved to be largely from someone they know - a parent, relative or friend - not a stranger.  A significant number of sex offenders reunite with their victims.  Restricting them from attending a museum, school,                       church or other facility is senseless, doing nothing to promote healing or to protect society.

Thank you in advance for reading and introducing your staff to Dr. Wright's book. 

Virginia does not need additional legislation in the "failed by choice" category.

James