07/26/2011:
Virginia Supporters,
The Virginia State Crime Commission met in Richmond on Monday July 25, http://vscc.virginia.gov/meetings.asp
Our Board of Directors Chair Miriam and her husband from Northern VA attended as well as a mother and father from Hampton who attended the 09/2009 VSCC meeting joined me. Thank you so much for making the trip!
The VSCC discussed 3 issues the RSOL of VA is interested in but only on one we have a stance on and that I made a statement on.
I had handouts of 20+ studies and books that I recommended all VSCC read because the studies that were reference in the below Power Point for SJ348 were from 1999 and 2008.
2011 VSCC Studies:
SJR 348: Sex Offender Registry Requirements: http://leg5.state.va.us/User_db/frmvscc.aspx?ViewId=1857
House Bill 2396: Solicitation of a Minor: http://leg5.state.va.us/User_db/frmvscc.aspx?ViewId=1852
Reporting of Missing Children (Caylee’s Law): http://leg5.state.va.us/User_db/frmvscc.aspx?ViewId=1855
I also had copies of the below articles for the attendees and media to grab on the possibility of a ”Caylee’s Law” which we are not taking a stance on but we know enough to see problems with such a law.
On ‘Caylee’s Law,’ Mob Mentality and Our State Legislators’ Willingness to Join Right In, July 21, 2011:
http://www.nashvillescene.com/nashville/on-caylees-law-mob-mentality-and-our-state-legislators-willingness-to-join-right-in/Content?oid=2579983
A Law Against Laws Named for Victims, July 12, 2011:
http://www.telegram.com/article/20110712/COLUMN01/107129929
Is “Caylee’s Law” a Bad Idea? July 8, 2011:
http://www.salon.com/news/crime/index.html?story=/news/feature/2011/07/08/casey_anthony_caylees_law
RSOL of VA Statement:
I am Mary Devoy, the Executive Director of Reform Sex Offender Laws of Virginia.
Our organization applauds both Senator Hanger and the VSCC for reviewing this topic. We commend the consideration given to making the Virginia Sex Offender Registry a better utility and a less destructive life long burden for those who wish to return as productive citizens.
When we first learned of the 3-Tier classification systems utilized by many states other than Virginia, this became one of our organizations goals.
Currently in Virginia we essentially have a 2-Tiered system, either Violent or Non-Violent. Sadly, in 2006 and 2008 thousands of Non-Violent offenders were re-classified to Violent by our Legislators retroactively. These citizens did not reoffend, they did not violate any of the restrictions imposed upon them and they were given no due process to challenge this change. When our lawmakers took this action they also increased the citizens’ term on the States Registry to a lifetime and their re-registration from once a year to every 90 days. A lifetime with no option to be removed, a lifetime of state resources and monitoring on people who were originally deemed Non-Violent by the courts.
Today, Approximately 83% of the registered offenders in Virginia are labeled as Violent which equates to a Tier 3 requiring the most resources by the Commonwealth. In states who have implemented a 3-Tiered system they average 16-20% of offenders in the Tier 3 classification. Which means Virginia is currently directing more resources than needed towards approximately 60%+ of offenders. Our system is broken and inverted. We are spending far too much time, effort and resources towards those who will never reoffend.
When I first formed the RSOL of Virginia in October 2008 I was shocked to find that 1 out of every 210 adult males in Virginia was listed on our Registry. Today it has escalated to 1 out of every 176.
Every year approximately 1,200 to 1,500 new people are added to the Virginia Registry, that’s 23 to 29 Virginians per week.
Per the VSP 2010 Report Monitoring Sex Offenders compliance is 99% which contradicts the national claims that 100,000 offenders are in hiding and unaccounted for. A claim that was recently debunked by Jill Levenson and Andrew Harris in a new report that came out this month. The non-compliant 100,000 offenders is in reality 25 to 30,000…… Yet the 100,000 that is frequently claimed is the myth that prevails
There are many myths when it comes to those who bear the label sex offender. False statements such as their recidivism rates are higher than any group; they are in reality they are one of the lowest. The myth that where they work and live will affect their chances to reoffend, it does not. That everyone on the registry is a pedophile, the majority are not.
The Sex Offender Registry was created to be a tool for the public to have the knowledge of who has been convicted of a sexual crime in their neighborhood. This information was supposed to protect the public and according to lawmakers it would deter new crimes for occurring. A noble idea…. But has its intent been successful? According to the Federal lawmakers who created the registry and numerous studies on sexual assault rates over the last 10 years, it has not.
The registry is supposed to be administrative, not punitive. If one were to look at the last 6 years of laws proposed and passed here in Virginia against sex offender’s, it’s obvious …… it has in fact become largely punitive. At this years General Assembly alone there were more than 30 bills that would increase the restrictions and regulations upon registered offenders including where they could live, where they could drive or walk during bus stop drop off and pickup times, if they were at the grocery store when students were selling donuts or at a gas station when a athletic team was holding a car wash and even their employment options. As I reviewed and took a stance on the on-slot of bills at this years GA it was not only obvious that this is an election year but that misinformation and personal feelings are still prevalent in legislation being submitted against sex offenders. Vengeance and anger has no place in legislation. One terrible crime, one unthinkable act can not be held up as the example for all.
With the exceptions of slavery and the Japanese internment camps, no other group of US citizens has EVER been more restricted in our country than registered sex offenders.
These types of rules and mandates have occurred before and the dehumanization of any group of people has always led to mans inhumanity towards man. It starts with the denial of movement, the ability to secure employment and housing, the denial of human rights and equal protection, and it ends in disaster.
This is why the RSOL of Virginia would like the State of Virginia to form a Sex Offender Management Board. Many States have SOMB’s, they draft and propose Sex Offender Legislation, they study what does and does not work when it comes to regulations and restrictions. They have monthly public meetings where ordinary citizens, offenders, experts and victims are heard on issues of employment, housing, resources, registration, civil commitment, etc. The SOMB knows what is required by the Adam Walsh Act/SORNA instead of guessing as we’ve seen happen during the last 3 General Assembly. The SOMB know what reports, studies and experts in the field across the country are finding and recommending. The recommendations of the SOMB must be adhered to by the lawmakers. This eliminates feel good laws that serve no purpose; and it takes the politics out of public safety.
Ultimately, our State needs to go to a risk based system as opposed to a crime based system to ensure accuracy. This will take time, but is the best system a civil society can have. This ensures the safety of the public while allowing for success of those affected. The 3-Tier system is significantly better than what we have here today, it will allow for more focused resources and allow for better public information.
This is the only way that the Virginia State Sex Offender Registry can return its integrity.
No one wants an expensive, useless, dilute wasteland of names and faces; this is the opportunity to make it a precise tool which allows those who utilize it to act accordingly.
Thank you.
I have sent an e-mail to the VSCC Executive Director asking her if the July 25th presentation was all that will be done in regards to SJ348 or if they will discuss more aspects in September and November before they vote in December. If the presentation from the 25th is the conclusion of their study of the Virginia registry then I am highly disappointed.
Thank you all for your support!
Mary Devoy
Date: 07/13/2011
Virginia Supporters,
The July 25 Virginia State Crime Commission draft agenda is now available
(http://leg5.state.va.us/User_db/frmvscc.aspx?ViewId=1834) and Senator Hanger’s bill SJ348 (http://lis.Virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&Val=sj348) is on the agenda.
The RSOL of Virginia has been watching SJ348 on the LIS for months waiting for Governor McDonnell to sign it, he never did. So we were under the impression SJ348 was not a success and did not pass. We’ve been advised by the VSCC that a Resolution (the “J” after the “S” for Senate) is not considered a Bill and does not require the Governor’s signature.
The RSOL of Virginia completely supports SJ348 a directive to study the Virginia Sex Offender Registry, to examine the effectiveness of the registry in preventing sexual victimization, the additional crimes that require registration resulting in a yearly growth of 1,200 to 1,500 new citizens being added, the difficulty for citizens to determine who is a true threat and who has simply been swept up in the hysteria, if Virginia should become Federal Adam Walsh Act/SORNA compliant (even though they’ve missed the July 27, 2011 deadline) and to determine the feasibility of implementing a 3-Tiered system instead of the current Non-Violent and Violent classifications that mean nothing.
Per the agenda, public comment will be allowed.
We do hope some of you will join us and attend the July 25 meeting as a study on the Virginia S.O. Registry is a positive step forward and will benefit everyone.
Mary Devoy
Executive Director
Additional VSCC Meeting Information
The 4 Virginia Crime Commission meeting dates for 2011.
- Monday, July 25th at 11:00 AM
- Tuesday, September 20th
- Wednesday, November 16th
- Tuesday, December 6th
The Virginia Crime Commission (http://vscc.Virginia.gov/) meetings are held in Richmond, VA at the General Assembly building in Senate Room A. The GA building is behind the Capitol, the VCC meetings usually begin at 10AM and they can run for 3-6 hours.
The VCC agendas are released 7-14 days before each meeting, you can sign up on the VSCC website to receive the agendas via e-mail.
