Date: 01/24/2012
Virginia Supporters,
For the fourth year in a row our Dissemination of Information bill has been “killed” at the General Assembly session.
SB420- Sex Offender Registry; notification of laws
Sponsor/Patron – Sen. Dave Marsden (D-Burke)
Brief Explanation/Summary:
Requires the Attorney General to annually compile laws containing requirements and prohibitions relevant to persons who must register as sex offenders and requires the State Police to publish the list on its website. The State Police must annually distribute the list to persons required to register as sex offenders, unless the person is under the control of the Department of Corrections or Community Supervision, in which case the Department of Corrections must distribute the list.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB420
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb420/
Bill Status:
- 01/12/12 – SB420 Introduced
- 01/12/12 – Referred to Senate Courts of Justice Committee
- 01/12/12 – See Bulletin Board Posting #425
- 01/14/12- The RSOL of Virginia supports this bill
- 01/23/12 – The Senate Committee heard this bill and the RSOL of VA made a statement in support. It was an even split Democrats for it, Republicans against, which results in a bill failure. Even though 2 Republicans agreed the request was reasonable and a good idea they saw no reason to give RSO’s special treatment in advising them of the restrictions they must abide by as members of a governmentally designated group
- 01/23/12 Senate: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
YEAS–Saslaw, Marsh, Howell, Lucas, Edwards, Puller, McEachin–7.
NAYS–Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett–7.
- Done for 2012
Please take a moment and send an e-mail to Senator Marsden for believing in this bill and having the fortitude to sponsor it for us in 2009 and 2012.
Virginia Senate Panel Endorses 2 Bills Targeting Sex Offenders, January 23, 2012:
http://www.washingtonpost.com/local/virginia-senate-panel-endorses-2-bills-targeting-sex-offenders/2012/01/23/gIQAHFnILQ_story.html
http://hamptonroads.com/2012/01/legislation-targeting-sex-offenders-advances-va-senate
http://www.nbcwashington.com/blogs/first-read-dmv/Bill-Seeking-Life-Sentence-for-Child-Rape-Advances-in-Virginia-137928033.html
Our Public Statement
Rarely is a bill introduced which goes so far to prevent crime from occurring as opposed to simply stating what will be done upon violation of said law.
While the RSOL of Virginia believes a great number of the restrictions and regulations placed upon those on the registry to be of limited or no value, we must ensure they are adhered to.
You need not inform citizens that killing another person is against the law that is obvious.
But just last July you all past a law that any Violent registered offender (that’s 83% of the citizens on our registry) can not attend a high school graduation being held off of school property. Previously the law was school functions on school property, last year you expanded than to include a convention center or arena. Any offender who now attends their child or grandchild’s graduation at the Norfolk Scope or the Richmond Convention Center this coming spring will be committing a Class 6 Felony, but they won’t even know it.
There is no allowance for good intention or harmless behavior; it is simply an arbitrary restriction or rule based on an abstract idea.
Every year you change the limits where an offender can and cannot be who they can and cannot be with and even where they can work. You do this to NO other group of citizens AND that is why this bill needs to pass.
These laws are rarely intuitive.
This Bill has come before the General Assembly in three prior years.
We have given the VSP 3 years and every opportunity to create a handout that citizens can understand, to offer it to the offenders during home visits and at every registration and to keep the list current after new laws take effect on July 1st. For 3 years the Virginia State Police Legislative Liaison has claimed to the patron and to the RSOL of VA that the VSP would take care of this request administratively, legislation was not needed.
Sadly, the VSP has fallen short on every occasion and have not kept their word. They have proven time and time again they can not handle this administratively and legislation is needed.
The real importance of this Bill is that it ensures that those who break the law will have done it knowingly and can therefore be held fully accountable.
I have some hand-outs for the committee members which include e-mails to and from the VSP and a letter from last February from Col. Flaherty assuring me informing registered offenders is “paramount” to the agency but yet they are still pushing back on this request today.
- In February 2011 the VSP advised me they were creating a handout.
- Through the months of March and April I asked our supporters to request this VSP handout upon registration, those who asked for it were told there wasn’t one.
- Near the end of April 2011 a VSP Trooper brought a handout to my home. The handout that they provide was a 32 page list of legal statutes that the average citizen would not be able to understand.
- The VSP does not offer the handout to offenders at home visits or during re-registration. An offender must request a copy; most offenders do not know it even exists.
We know of more than 30 supporters across the state who have requested a copy and the VSP was unable to produce this document. The VSP has told them ……to go find it on-line.
- The VSP has refused to mail the 32 page handout to supporters that have requested it. The VSP tells them to come by a Barracks and pick it up, many live 2 hours from a Barracks.
- When 4 new laws took effect on July 1, 2011 the VSP did not update their document so any copies that were given to those who asked for it …….were out-of-date.
- On October 20, 2011 the RSOL of VA asked for a copy of the VSP document at a Richmond Barracks and no copies could be found. Finally one was found in the back of a desk drawer, but it was the 2010 and did not include the 4 new laws. They were willing to ask for my signature if I wanted to take the copy ………as if it was current.
- That day I contacted the VSP Administration, it was 112 days after 4 new Virginia restrictions took effect and I asked for a current electronic copy of their document to be sent.
It took more 5 days for the VSP to send me a revised/current version. A 38 page list of legal statues was e-mailed to me but it was encrypted so I could not print or copy it. So I can not give you all a copy of it today.
Long ago I created a list of all the restrictions and regulations registered offenders in the Commonwealth must abide by in easy to comprehend language. My list is only 4 pages long and is in easy to understand terms. To this day ……..I still do not understand why for the fourth year the VSP continues to push back on this bill. The Virginia State Police more than anyone should want absolute compliance with these laws, in fact its “paramount”.
This bill precludes any significant cost to the State in that if administrated properly it would be part of the re-registration process. In the end this Bill will save the State money by preventing a person from inadvertently breaking the law. No violation means…… no expense for the prosecution and subsequent incarceration as the violation will not have occurred.
If the Legislature deems it to be of importance to public safety to create a law providing penalty for a violation there of, it is of equal importance that you make these laws known to all.
Thank you
Mary Devoy
Executive Director
