Virginia Supporters,

In the last 2 weeks we have received numerous inquires about RSO’s (registered sex offender) attending events on school property or school sponsored events. There is a difference between the two so we decided to write this post.

By Virginia law if you are classified as a Non-Violent Offender you can be on school or daycare property.

As a Non-Violent Offender you can legally drop off or pick up your child or grandchild from school or daycare.

As a Non-Violent Offender you can legally attend your child or grandchild’s school sponsored activities on or off school property during and after school hours.

As a Non-Violent Offender you can legally also be on school property to vote on Primary or Election Day.

BUT, your child or grandchild’s school district may have their own rules prohibiting all RSO’s from being on school property or attending school events. This would be school board regulations, not state law so you would not be breaking a law but if you violated their regulations they could take legal actions against you. If your school district has a no RSO policy then you would be required (even as a  Non-Violent RSO) to petition the school board for permission to be on property to drop off or pick up your children or attend school events. It’s up to you to find out if your school district has such a requirement. Even if your school district has such a regulation they can not prevent an RSO from voting on Primary or Election Day.

By Virginia law if you are classified as a Violent Offender you can not be on the property of an elementary, middle or high school or daycare facility. Even if you had your rights restored to be able to vote you can not be on school property by Virginia law.

By Virginia law if you are classified as a Violent Offender you can not attend school sponsored activities whether they are on or off school property, period!

It doesn’t matter if it’s during the evening, or on a weekend or even a holiday.

It doesn’t matter if the event is being held at a museum, a park, a conference center, a college arena or a hotel. You can not attend.

Some examples-

• A school play or choral concert would be prohibited.
• A school book fair would be prohibited.
• A school band competition would be prohibited.
• A school plant sale would be prohibited.
• A school liter pick-up event along Route 1 would be prohibited.
• A school graduation ceremony would be prohibited.
• A school softball team carwash would be prohibited.

By Virginia law if you are classified as a Violent Offender you can not loiter within 100ft. of the property of an elementary, middle or high school or daycare facility. So even if you are waiting in your vehicle to pick up your children as an RSO, you need to be positive you are more than 100ft. from the property line of the school.

BUT non-school sponsored activities being held on school property not during school hours is OK for Violent Offenders.

Some examples-

• Church services held in the school auditorium or cafeteria on an evening, weekend or holiday is allowed.
• A flu-shot clinic held on school property on an evening, weekend or holiday is allowed.
• A local government meeting or political party meeting held on school property on an evening, weekend or holiday is allowed.
• A drive through recycling event or prescription turn-in event held on school property on an evening, weekend or holiday is allowed.
• A private dance troupe or karate completion on school property on an evening, weekend or holiday is allowed. (These organizations may have a policy against RSO parents or grandparents attending events, so you need to look into their regulations).
• A recreational group, youth group or church group basketball, football, baseball, soccer, field hockey, track, swimming, etc event/game on school property on an evening, weekend or holiday is allowed. (These organizations may have a policy against RSO parents or grandparents attending events, so you need to look into their regulations).
• A Boy Scout or Girl Scout award ceremony on school property on an evening, weekend or holiday is allowed. (These organizations may have a policy against RSO parents or grandparents attending events, so you need to look into their regulations).

If you are currently on Probation then you are prohibited from being where minors gather completely, so whether you are classified as Non-Violent or Violent you must avoid every example above that includes kids.

Finally, if you are classified as a Violent Offender and want to be able to attend your child or grandchild’s school events both on and off school property you can petition their school district to attend these functions. If the school board approves your attendance on school property and at school sponsored functions than the Virginia law prohibiting you from doing so is null and void. If your children change school districts then you will have to go through the entire process all over again. You’ll need to hire an attorney and it will take 3-8 months but it’s worth the opportunity to participate in their events and to have these memories. There is always a chance the school board may deny your request but they could grant it, you won’t know until you try. Good luck!

Virginia law does not prohibit an RSO from being on a college or university property or from attending a college or university sponsored event.

Many of the restrictions above are based on your conviction date, which we excluded from this post because there are so many variations. To see what those dates are and to know all the other legal restrictions and regulations for RSO’s in Virginia they are all posted here, http://www.rsolvirginia.org/regulations-restrictions/

*RSOL of Virginia strives to provide accurate and current information to the citizens of Virginia. We do not claim to be a legal resource, you should consult with an attorney and the Virginia State Police Sex Offender Task Force when you have questions or concerns about Virginia laws that affect RSO’s (804) 674-2825 or your Probation Officer when it comes to your rules of Probation.

Thank you for your support.

Executive Director

RSOL of Virginia,

I am a registered offender and I have wanted to contact you since I received your first letter in March of 2009 but I was too ashamed as I feel like a leper.

It is so hard for me as a Christian knowing that God has forgiven me, but yet I am shunned by society. I could not bear this burden without the love of Jesus Christ.

I had no prior convicts and nothing since, not even a traffic violation. I have been married to the same man for 26 years, I’m a homemaker and I have 3 beautiful daughters 17, 24 and 29 plus 3 grandchildren.

My family has suffered. I took responsibility for my actions in 1998. I am bipolar and at the time I was not taking my prescribed medications. This is not an excuse, but a reason. There were many factors involved and with many years of counseling I understand and  take full responsibility for what I did. I will never re-offend.

Thank you for your website and for letting me know what the restrictions and regulations are.

I was Non-Violent until the laws changed in 2008 and now I don’t attend church, I miss it so much. I want to attend services and take my grandchildren but I don’t know if I’m allowed to.

The laws are so vague and extremely broad, including everyone. The registries should only be for those who don’t take responsibility, can not be rehabilitated or are pedophiles (adults attracted to prepubescent children).

For the rest jail and probation is sufficient. I would have rather served a specified jail sentence than be on this awful registry forever.

I would like to help your group and I will pray for you.

Thank you, thank you.

Rachel

Justices: Courts Cannot Assume Sex Offender is Under a Duty to Register, by Jessica Shambaugh

May 10, 2012:

http://www.thedailyreporteronline.com/news/2012/05/10/justices-courts-cannot-assume-sex-offender-under-duty-register

A sex offender convicted in Texas cannot be convicted of failing to register as a sexually oriented offender in Ohio because the state failed to prove he was required to register in Texas prior to his move.

In a 6-1 decision, a majority of The Supreme Court of Ohio determined this week that Wesley Lloyd’s aggravated sexual assault convictions would transfer to a rape conviction under Ohio law.

“But we must set aside Lloyd’s convictions because the state failed to prove that at the time he moved to Ohio, Lloyd was under a duty to register in Texas as a result of his conviction for aggravated sexual assault as required by R.C. 2950.04(A)(4),” Chief Justice Maureen O’Connor wrote for the court.

“We hold that the decision of the court of appeals to affirm Lloyd’s convictions in the face of this plain error was improper and must be reversed.”

In a separate opinion, dissenting Justice Terrence O’Donnell stated that Lloyd’s testimony proved he was required to register as a sex offender in Texas.

“Thus, Lloyd’s own admissions demonstrate his knowledge of his duty to register as a sex offender in Ohio,” O’Donnell stated.

Case summary details that Lloyd was convicted of aggravated sexual assault in Texas in 1995. After serving a seven year prison sentence he moved to Auglaize County in Ohio in 2005.

He contacted the Auglaize County sheriff prior to his move and registered regularly as the sheriff instructed him.

Lloyd moved to Holmes County in June 2008 and called to notify the Auglaize County sheriff’s office of the move, according to case summary.

Lloyd’s attorney, Ohio public defender Stephen Hardwick, said the office incorrectly advised Lloyd about his required actions.

“The day he moved to Holmes County he called the Auglaize County sheriff and said, ‘I’m here in Holmes County.’ The Auglaize County sheriff told him something that was just dead wrong,” Hardwick said in oral arguments.

“The Auglaize County sheriff’s deputy told him — and he conceded this on the stand — ‘you cannot register in Holmes County until you drive back to Auglaize County and tell me in person what you just told me on the phone.’ That’s just completely wrong and improper. And for that he gets one of his convictions that leads to a three year prison term?”

After failing to follow the sheriff’s deputy’s instructions or notify Holmes County of his address change, Lloyd was arrested and charged with failure to register within three days of his move, failure to notify the Holmes County sheriff of his intent 20 days prior to the move, and failing to notify the Auglaize County sheriff 20 days prior to his move.

Sean Warner of the Holmes County prosecuting attorney’s office said Lloyd had registered with Auglaize County recently before the move and should have notified them at that time.

“Had Mr. Lloyd made any effort in the three days after he moved to Holmes County, he wouldn’t be facing that particular count on the record. However, he was required to submit a 20 days in advance notice, he’d just registered 14 days before and he never mentioned any intent to move,” Warner said during oral arguments.

Lloyd was convicted on all counts and sentenced to three year prison terms for each.

He appealed to the 5th District Court of Appeals and one count was dropped when the court ruled he should be registered under Megan’s Law, not the Adam Walsh Act.

On appeal to the Ohio Supreme Court, Lloyd claimed he could not be convicted of failure to register because the state did not show he had a duty to register in Texas prior to his relocation to Ohio.

O’Donnell stated in his defense that Lloyd’s own testimony disproved his argument.

“When asked by his attorney, ‘Did you go through certain procedures to establish your duty to register before you left Texas?’ Lloyd answered, ‘Yes,’” O’Donnell wrote.

The majority held that this was taken out of context.

“Lloyd’s testimony, the only evidence on this issue, was that the Auglaize County sheriff was confused about whether or how to classify Lloyd. The courts cannot make inference upon inference,” O’Connor stated.

The justices found that the state presented no evidence regarding Lloyd’s Texas registration requirements.

They also found that Lloyd’s registration errors may have been related to confusion within the Auglaize County sheriff’s department.

“The seven law-enforcement officers who testified on behalf of the state could not agree — even at the time of trial — whether Lloyd should have been able to register in Holmes County without first returning to Auglaize County,” O’Connor continued.

“This case highlights the reasons why a court cannot assume that a defendant is under a duty to register merely because law enforcement claims he is. After all, the courts are still the independent venue for sorting out law enforcement’s allegations, on the basis of actual proof.

“Lloyd’s convictions are, therefore, vacated.”

The case is cited State v. Lloyd, case No. 2012-Ohio-2015.

Virginia Supporters,

When I was reading Current Controversies Series: Sex Offender and Public Policy, edited by Lynn Zott a year or so ago I read the public statement that former Virginia Governor (1993-1998) and at the time current U.S Senator from Virginia George Allen (2000-2006) made in Washington DC for the Children’s Safety and Violent Crime Reduction Act of 2006, (see link below for his full-statement)

I was floored to read Senator Allen’s fear-mongering and inaccurate statements, including the highest recidivism rates are sex offenders (not true, not even close) and that there are 100,000 AWOL RSO’s across the U.S. A myth that was debunked about a year ago in a study by Jill Levenson.

I was aware that former Governor Allen was responsible for the abolishment of parole in Virginia aka “truth in sentencing” but since I did not take an interest in sex offender issues until late 2008 I was unaware that U.S. Senator George Allen was a co-sponsor of the Adam Walsh Act 2006 or the Children’s Safety and Violent Crime Reduction Act of 2006.

This November 2012 is an election year not just for the President of the United States but all U.S. Congress and Senate members. Most of you know that Virginia Senator Jim Webb is not running for re-election this year, he took Allen’s Senate seat back in 2007. This year George Allen is re-running for Webb’s U.S. Senate seat, to get his previous job back.

There are currently two Federal bills pending in Washington, DC that would prohibit parole for sex offenders and parole for those convicted of elder abuse. Knowing Governor Allen completely banned parole in Virginia back in 1995 he most likely would support Federal abolishment of parole for RSO’s if re-elected to the U.S. Senate.

On Tuesday June 12^th Virginians will go to the polls to vote in the Democratic and Republican Primaries to determine the candidates for this November’s election.

Before you go to the polls on June 12^th, I encourage you to look up the candidates, see what platforms they stand for, research their past voting and bill sponsorship if they have previously held State or Federal office. Do they speak and vote based on facts or on myths? Are they public servants or are they career politicians? Please don’t vote based on a political party, or even on an individual issue. Vote with the full knowledge of the candidate’s character, experience and history.

George Allen’s Full Public Statement: Children’s Safety and Violent Crime Reduction Act of 2006, July 20, 2006
http://votesmart.org/public-statement/193795/childrens-safety-and-violent-crime-reduction-act-of-2006

Thank you for your support.

Mary D. Devoy
Executive Director

Police Say Violent Crime Declined in Virginia in 2011, May 7, 2012:
http://washington.cbslocal.com/2012/05/07/police-say-violent-crimes-declined-in-virginia-in-2011/

VSP Issues Annual Crime Report, May 7, 2012:
http://www.nbc29.com/story/18164695/vsp-issues-annual-crime-report

Virginia Supporters,

The Virginia State Police has released the 2011 Crime Report, link is below.

We find it interesting the chart on page 7 claims to separate forcible sex offenses and non-force as we all know in Virginia there is no statutory rape and the Virginia Crime Commission and the Virginia Criminal Sentencing Commission who both track crime statistics in Virginia have never separated sexual offenses into force and non-force they both bucket them all in the same category. By doing this it skews the numbers significantly.

There are definitions of the sexual charges in Virginia on pages 13 and 14. On page 14 it includes if the offender was a resident or not and then the crimes are broken down by day of the week and time of the day, kind of interesting. On page 15 the age and race of the offender and the victim are charted.

Starting on page 77 the number of officers in each county or city is listed, then on page 82 the population of each county and city and each crime category and count.

Some of you are data hounds so you’ll probably enjoy running the percentages with this information.

2011 Report Crime in Virginia:  http://www.vsp.state.va.us/downloads/Crime_in_Virginia_2011.pdf

Mary D. Devoy
Executive Director

Viewing Child Pornography is Not Necessarily Possession-NY Top Court, by Dan Wiessner

 May 8, 2012:

http://newsandinsight.thomsonreuters.com/Legal/News/2012/05_-_May/Viewing_child_pornography_is_not_necessarily_possession-NY_top_court/

Viewing child pornography on the Internet without taking further action such as printing or saving files does not necessarily constitute possession, NewYork’s top court ruled on Tuesday.

The ruling by the Court of Appeals dismissed two of the 143 counts of possession of child pornography for which James Kent, a former professor at Marist College, was convicted in 2009.

When a Web page is viewed, a copy of the page is stored in a computer’s “cache,” which allows that page to load more quickly on future visits. The court found that while Kent had saved some of the files in question, he had only viewed others and was not aware of his computer’s cache function.

To “possess” cached images, “the defendant’s conduct must exceed mere viewing to encompass more affirmative acts of control such as printing, downloading or saving,” Judge Carmen Ciparick wrote for the court.

Prosecutors must show, “at a minimum, that the defendant was aware of the presence of those items in the cache,” Ciparick continued.

In 2007, Kent asked information technology staff at Marist to look at his computer because it was not working properly. A college employee discovered numerous photos and videos of young children, some of whom were nude. The school turned the computer over to police.

A forensic investigator found more than 30,000 additional files in Kent’s computer’s cache.

In his defense, Kent said he had used the images as part of his research into child pornography. He further argued that he had never been in possession of many of the files because they were not saved to his computer.

Kent was convicted after a non-jury trial of 143 counts of possession and sentenced to one-to-three years in prison. In 2010, the Appellate Division, Second Department, affirmed the conviction, holding that a “cached web page … is evidence that the web page was accessed and displayed on the defendant’s computer screen.”

The Court of Appeals on Tuesday modified, tossing out two of the counts because they involved files that Kent never purposely saved to his computer.

“A defendant cannot knowingly acquire or possess that which he or she does not know exists,” Ciparick wrote, joined by Chief Judge Jonathan Lippman and Judges Susan Read and Theodore Jones.

Judge Robert Smith concurred in a separate opinion.

Judge Victoria Graffeo concurred in result, but wrote that the majority opinion was too broad and essentially legalized the viewing of child pornography in New York. That, she said, goes against the state legislature’s intent to punish consumers in order to eradicate the market for child pornography.

“The majority’s decision … will, unfortunately, lead to increased consumption of child pornography by luring new viewers who were previously dissuaded by the potential for criminal prosecution,” Graffeo, joined by Judge Eugene Pigott, wrote.

The majority noted that, under federal law, it is a crime to “knowingly access (child pornography) with intent to view,” while state law includes no comparable language.

Nathan Dershowitz, who represented Kent on appeal, said Tuesday that the issue is a prime example of the inapplicability of laws that predate the digital age to cases involving the use of computers.

The decision “indicates not that viewing child pornography is legal, but that the legislature has not dealt with this outdated language,” Dershowitz said.

Kent’s case was sent back to Dutchess County Court for resentencing.

Dutchess County Assistant District Attorney Bridget Steller did not return a call seeking comment.

The case is the People v. James Kent, New York State Court of Appeals No. 70.

For the prosecution: Dutchess County Assistant District Attorney Bridget Steller

For Kent: Nathan Dershowitz

Let Them Live With the Other Large Reptiles: The Failure of Residency Restrictions, May 14, 2012:
http://www.corrections.com/news/article/30087-let-them-live-with-the-other-large-reptiles-the-failure-of-residency-restrictions

Putt-Putt Golf Game Puts Sex Offender in Jail, May 14, 2012:
http://www.gastongazette.com/news/putt-71074-romero-offender.html

Mothers of Sex Offenders Share Responsibility, Burden of Label, May 12, 2012:
http://www.cnn.com/2012/05/12/living/mothers-sex-offenders/index.html
(Ernie Allen, president of the National Center for Missing and Exploited Children, which pushed for the Adam Walsh Act, says “Congress and virtually every state have taken very careful steps to ensure that all sex offenders are not treated alike,” he said. “There is a determination of level of risk and only the most serious offenders — based upon what they have been convicted of and the nature of their crimes and number of offenses and likelihood to re-offend — are subject to the most rigorous requirements.”.
Mr. Allen, that is NOT accurate. Almost every state has refused to implement a 3-Tiered Risk based system, the likely to re-offend. The AWA demands a 3-Tiered Conviction based system, not Risk and the states that had a risk based system and changed to a conviction system to be certified as AWA compliant and save the threatened 10% of their Byrne Grant, now regret it. Virginia’s classification system means nothing as the 2006 and 2008 Virginia General Assembly sessions retroactively re-classified thousands of Non-Violent offenders to Violent with no due process and no advanced notice. Doing this made them “lifers” on our registry and a perception to their neighbors, co-workers and friends that they must have re-offended when they did not. Citizens of Virginia can not decipher who is a treat and who has been arbitrarily swept up in poorly thought out legislation. The sex offender registry system is broken and those who claim its not and hold a political or public position and do not tell the truth to their constituents, donors and the public should be removed immediately for making false statements, including Mr. Allen.)

Convict’s Story Prompted Budget Amendment on DNA (Virginia), May 12, 2012:
http://www2.timesdispatch.com/news/news/2012/may/12/tdmain01-convicts-story-prompted-virginia-budget-a-ar-1909388/

Boca Firm that Makes Software Tracking Child Porn Lays Off Workers, May 11, 2012:
http://www.sun-sentinel.com/business/fl-tlo-layoff-20120511,0,4130974.story

Justices: Courts Cannot Assume Sex Offender is Under a Duty to Register, May 10, 2012:
http://www.thedailyreporteronline.com/news/2012/05/10/justices-courts-cannot-assume-sex-offender-under-duty-register
(A MUST Read!)

Officials Speak of Nuanced Approach to Monitoring Sex Offenders, May 11, 2012:
http://www.nctimes.com/news/local/sdcounty/region-officials-speak-of-nuanced-approach-to-monitoring-sex-offenders/article_bcaca0d7-3014-59d2-9a8e-675f9ee2204b.html

Sex Offender Law Repealed in Hook (PA), May 10, 2012:
http://delcotimes.com/articles/2012/05/10/news/doc4fab27f803091760504657.txt

After An Exoneration, A Rape Victim and An Innocent Man Still Bound By A Terrible Crime (TX), May 10, 2012:
http://blogs.dallasobserver.com/unfairpark/2012/05/after_an_exoneration_a_rape_vi.php

A Small Room Crowded with Fear and Desperation (CA), May 10, 2012:
http://my.auburnjournal.com/detail/207814.html

Lowndes Co. Sex Offender Roundup (AL), May 10, 2012:
http://www.wsfa.com/story/18279194/lowndes-co-sex-offender-roundup

Court: Upstate Sex Offender’s Monitoring Unconstitutional (SC), May 9, 2012:
http://www.wyff4.com/news/local-news/greenville-news/Court-Upstate-sex-offender-s-monitoring-unconstitutional/-/9654794/12983676/-/7yws10z/-/

‘Romeo’ Not Cleared, Gets Life on List, May 9, 2012:
He was a poster child for what was wrong with Michigan’s sex offender registry — a teen on the list for a one-night stand with an under-age girl.
Then, the state passed sweeping reforms to the sex offender list, and it appeared Rick McQuillin’s name would be erased, and his life would change.
A year later, Target 8 found his life has changed — for the worse.
Not only is McQuillin still on Michigan’s public sex offender registry, but he now is listed as a Tier 3 offender — the worst of the worst.
http://www.woodtv.com/dpp/news/target_8/romeo-not-cleared-gets-life-on-list

High School Student Accused of Sex Crimes Against 4 Classmates (CO), May 9, 2012:
http://www.9news.com/news/article/267376/129/High-school-student-accused-of-sex-crimes-against-4-classmates-

Picking Predators Not Simply ‘Tier 3′ (MI), May 8, 2012:
Critics question new law, tier system
http://www.woodtv.com/dpp/news/target_8/picking-predators-not-simply-tier-3

Viewing Child Pornography is Not Necessarily Possession-NY Top Court, May 8, 2012:
Viewing child pornography on the Internet without taking further action such as printing or saving files does not necessarily constitute possession, New York’s top court ruled on Tuesday.
When a Web page is viewed, a copy of the page is stored in a computer’s “cache,” which allows that page to load more quickly on future visits. The court found that while Kent had saved some of the files in question, he had only viewed others and was not aware of his computer’s cache function.
To “possess” cached images, “the defendant’s conduct must exceed mere viewing to encompass more affirmative acts of control such as printing, downloading or saving,” Judge Carmen Ciparick wrote for the court.
Prosecutors must show, “at a minimum, that the defendant was aware of the presence of those items in the cache,” Ciparick continued.
“A defendant cannot knowingly acquire or possess that which he or she does not know exists,” Ciparick wrote, joined by Chief Judge Jonathan Lippman and Judges Susan Read and Theodore Jones.
Judge Robert Smith concurred in a separate opinion.
Judge Victoria Graffeo concurred in result, but wrote that the majority opinion was too broad and essentially legalized the viewing of child pornography in New York. That, she said, goes against the state legislature’s intent to punish consumers in order to eradicate the market for child pornography.
http://newsandinsight.thomsonreuters.com/Legal/News/2012/05_-_May/Viewing_child_pornography_is_not_necessarily_possession-NY_top_court/

ALEC Exempted From Lobbyist Status in Three Separate States, May 8, 2012:
American Legislative Exchange Council
http://www.huffingtonpost.com/the-center-for-public-integrity/alec-exempted-from-lobbyi_b_1499391.html

Lawsuit Faults Employer in Sexual Assault Incident at Roanoke Factory, May 8, 2012:
http://www.roanoke.com/news/roanoke/wb/308545

Penalty for Out-of-State Sex Offender’s Failure to Register in Ohio Based on ‘Substantially Equivalent’ Ohio Offense, May 8, 2012:
http://www.supremecourt.ohio.gov/PIO/summaries/2012/0508/110212.asp

Police Say Violent Crime Declined in Virginia in 2011, May 7, 2012:
http://washington.cbslocal.com/2012/05/07/police-say-violent-crimes-declined-in-virginia-in-2011/
(See Bulletin Board Posting #492)

VSP Issues Annual Crime Report (Virginia), May 7, 2012:
http://www.nbc29.com/story/18164695/vsp-issues-annual-crime-report
(See Bulletin Board Posting #492)

Facebook Anti-Troll System Snagging Ordinary Users, May 7, 2012:
http://threatpost.com/en_us/blogs/facebook-anti-troll-system-snagging-ordinary-users-050712

Cuccinelli: Va. Law Should Help Clear Names of Wrongly Convicted, May 7, 2012:
http://www2.insidenova.com/news/2012/may/07/cuccinelli-va-law-should-help-clear-names-wrongly–ar-1895779/

Opinion: The Court and the Fourth Amendment, May 7, 2012:
The Justices tend to find a violation if they can imagine the search applying to them personally.http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202551920029&The_Court_and_the_Fourth_Amendment&slreturn=1

Forgiving Felons? Something Fresh for GOP in Va. May 7, 2012:
http://www.newsleader.com/article/20120507/NEWS01/205070312

Oakland County Blames Illinois Law Enforcement for Sex Offender Arrest (IL), May 5, 2012:
http://www.freep.com/article/20120505/NEWS06/205050348/Oakland-County-blames-Illinois-law-enforcement-for-sex-offender-arrest

Greece Man Sentenced For Xbox Sexual Abuse Case, May 5, 2012:
http://www.13wham.com/news/local/story/richard-kretovic-sex-abuse-case/j5nd1g31QU-WUZYe-eIV2w.cspx
(The New NY Law Would Not Have Prevented This Specific Abuse From Occurring, But Yet the State Used it As the Example to Push Through the Legislation. Another Law Proposed and Passed With No Opposition by Political Grandstanding and Fear Mongering)

Neighbors of Vets House Fear Man, a Serial Rapist (Virginia), May 4, 2012:
http://fredericksburg.com/News/FLS/2012/052012/05042012/699404

Sex Offender Registry and Termination of Parental Rights – New Statute (MI), May 4, 2012:
http://jeannehannah.typepad.com/blog_jeanne_hannah_traver/2012/05/sex_offender_registry_and_termination_of_parental_rights.html

Oakland County Errors Make Least Egregious Sex Offenders Look Like Predators, Suit Says (IL), May 4, 2012:
http://www.freep.com/article/20120504/NEWS06/205040447/Oakland-County-errors-make-least-egregious-sex-offenders-look-like-predators-suit-says

Aurora First-Grader Suspended for Sexual Harassment, May 4, 2012:
http://www.denverpost.com/news/ci_20547906/first-grader-suspended-sexual-harassment

MD Lawmakers Hope to Create Gun Offender Registry, May 4, 2012:
http://www.guns.com/md-lawmakers-hope-to-create-gun-offender-registry-7567.html

FBI: We Need Wiretap-Ready Web sites – Now, May 4, 2012:
CNET learns the FBI is quietly pushing its plan to force surveillance backdoors on social networks, VoIP, and Web e-mail providers, and that the bureau is asking Internet companies not to oppose a law making those backdoors mandatory.
http://news.cnet.com/8301-1009_3-57428067-83/fbi-we-need-wiretap-ready-web-sites-now/

High Court Changes Mind on Sex Offenders; State Relieved (WA), May 4, 2012:
http://www.chicagotribune.com/news/sns-mct-high-court-changes-mind-on-sex-offenders-state-20120504,0,5895689.story

Corrections Corporation of America (CCA): A Study in Predatory Capitalism and Cronyism, May 3, 2012:
http://truth-out.org/news/item/8875-corrections-corporation-of-america-a-study-in-predatory-capitalism-and-cronyism
(A MUST Read!)

Former Chair Accuses ALEC of Anti-Democrat Bias, May 3, 2012:
American Legislative Exchange Council
http://www.thedailybeast.com/articles/2012/05/04/former-chair-accuses-alec-of-anti-democrat-bias.html

Sex Offender’s Suit Says Oakland County Labeled Him Predator, May 3, 2012:
http://www.freep.com/article/20120503/NEWS03/120503072/Sex-offender-s-suit-says-Oakland-County-labeled-him-predator?odyssey=nav%7Chead

More Funding Coming for Child Sex Crime Investigators (Virginia), May 3, 2012:
http://www.nvdaily.com/news/2012/05/more-funding-coming-for-child-sex-crime-investigators.php

ALEC’s Secrets Revealed; Corporations Flee, May 3, 2012:
American Legislative Exchange Council
http://www.businessweek.com/articles/2012-05-03/alecs-secrets-revealed-corporations-flee

Va. Attorney General Backs Writ of Innocence for Barbour, May 2, 2012:
http://www2.timesdispatch.com/news/2012/may/02/tdmet05-va-attorney-general-backs-writ-of-innocenc-ar-1883943/

Democrat Brian Moran’s Employer has Ties to Conservative Group ALEC
American Legislative Exchange Council, May 1, 2012:
At least 115 current or former members of the Virginia General Assembly have ties to ALEC, either by sponsoring bills, attending conferences or paying membership dues, according to a study by ProgressVA. The state has spent $232,000 during the past decade to send legislators, primarily members of the Republican-controlled House of Delegates, to ALEC conferences and meetings.
http://www.washingtonpost.com/blogs/virginia-politics/post/democrat-brian-morans-employer-has-ties-to-conservative-group-alec/2012/05/01/gIQA4CpeuT_blog.html

Rewrite Actual Innocence Law, Cuccinelli Says (Virginia), May 1, 2012:
http://valawyersweekly.com/vlwblog/2012/05/01/rewrite-actual-innocence-law-cuccinelli-says/

Online Impersonation Bill Making its Way Through Legislature (LA ), May 1, 2012 :
“My family was torn apart four years ago because of someone on the Internet who was impersonating someone else,” says Ethel Boudin.
Ethel Boudin is Mark Fruge’s mother. He is now a registered sex offender. This is because four years ago he met up with a juvenile he thought was an adult. He claims she lied about her age in an online dating website.
“I don’t know many fourteen-year olds that would be on a telephone at one o’clock in the morning with a best friend in the background describing sexual acts in the manner that this friend did,” says Fruge.
http://www.nbc33tv.com/news/louisiana-politics/2012-legislative-session/online-impersonation-bill-making-its-way-through-le

Sex Offenders Could Lose Parental Rights Under Law Signed by Gov. Rick Snyder (MI), May 1, 2012:
http://www.mlive.com/politics/index.ssf/2012/05/sex_offenders_could_lose_paren.html

Lawmakers OK Bill Barring Sex Offenders From Dressing as Santa (IL), May 1, 2012:
http://www.stltoday.com/news/local/illinois/lawmakers-ok-bill-barring-sex-offenders-from-dressing-as-santa/article_80950bca-93b6-11e1-ac63-0019bb30f31a.html

Greetings Supporters,

On Saturday April 21 the RSOL-VA Board of Directors had our bi-annual meeting.  We are committed to our mission of “Justice for all Virginians”.  In the few short years we have been in existence we have made a difference.  We are truly blessed to have Mary Devoy as our Executive Director and as our leader.

As with any organization of merit there is so much to do behind the scenes that are taken for granted.  Mary spends countless hours answering e-mails, answering letters, recording the donations, stamps, the expenses and making deposits.  As we are all aware she sends out mass e-mails, alerts and action items.  Your response to these emails is making an impact!   Five to seven times a year (2 are General Assembly session) Mary composes a snail-mail newsletter that is sent out to supporters (some incarcerated) who do not or cannot have internet access but want to be informed and involved in this mission. All of these newsletters need to be printed, labeled, stamped and mailed.  Seven days a week Mary answers letters, e-mail’s and calls from supporters, registered sex offenders, legislators, other organizations and the media. She is responsible for the weekly website updates and during the G.A. sessions multiple web-updates each week. As the voice of RSOL-VA  Mary spends a great deal of time reading and searching for information on sex offender issues, data and studies that keep her up to date so when she does speak it’s not an opinion it is fact. Armed with knowledge of facts and figures Mary has the attention and respect of many throughout the Commonwealth. Mary is now frequently asked to speak at or to attend classes, meetings and conferences based on the subjects being discussed.  Mary has given up her former career to dedicate her life to RSOL-VA full-time.

As Chairman of the Board of Directors I want to inform you that the Board has voted to begin paying Mary a small salary this summer for all of the administrative tasks, networking and public affairs work she does on behalf of RSOL-VA.

Now here comes the part where I am going to ask you for money. There is so much we need to do to continue to support you and quite frankly we need a regular flow of funding  that we can count on to support you and the mission of RSOL-VA.  We have been fortunate this past year in that donations have increased and we have been able to pay our bills.  However we are still operating at bare bones minimum. We know our supporter base must be growing as visits to our website have more than doubled in this last year. We have administrative costs (yearly PO Box fee, business Internet account to avoid anti-spam limits, domain names, hosting, etc), costs for maintaining our website and for search engine optimization, as well as yearly CPA, attorney and insurance costs we have to pay to mention a few. We have so much more to accomplish. We need your help!

Each year at my church we are asked to pledge a certain amount to our “Bishop’s Lenten Appeal” the amount we pledge is not binding but for the most part most abide by their pledge.  What this does is it gives the church at least a base that they can budget on and make plans.

I am asking each of you to look at your own financial situation and see if you can make a pledge to RSOL-VA.  No amount is too small and it can be paid to us online with PayPal (info@rsolvirginia.org) or you can setup payment with Bill-Pay through your financial institution for a check to be mailed to our PO Box. If we could just get 300 of our supporters to pledge .50 per day ($15.00 per month) we could ensure our expenses are paid, compensate Mary, and to plan and budget for further actions and initiatives that will benefit you, your family or your loved one.

So please look at what we are doing for you and ask yourself is it worth fifty cents a day to have an organization out there fighting for you to have a better future?

If you do decide to make a pledge please send us an email letting us know how much you are pledging, how often you will be sending in your pledge and the method of payment you will use to send in your pledge.  I know we will be able to make a difference in the life of every registered sex offender in Virginia and their families.  But we can’t do it without your help!

I truly hope we can count on your support.

Sincerely,

Miriam Young

Chairman, RSOL-VA

chairman@rsolvirginia.org

Virginia Supporters,

This gentleman, Douglas actually contacted the RSOL of VA a few days ago. He’s 67 years old, on a fixed income and his wife and step daughter work when they can. He lives in an RV because no landlord will rent to him and he has no job because no employer will hire him.

Douglas shared his story with us and it turns out he experienced what an angry and vindictive teenager can accomplish with laws that allow an accusation alone to be sufficient to convict.

Bristol’s WCBY went to Douglas’ RV “on a tip from a viewer”. Their reporter knocked on his door and their camera man was taping the encounter. Even though Douglas was following every Virginia regulation and law he is required to abide by but our state doesn’t bother to share with it’s more than 19,000 registered offenders.

Convicted Sex Offender Found Living In Walmart Parking Lot: http://www.wcyb.com/news/30947124/detail.html

We spoke with WCYB reporter Brian Bishop mid afternoon on 04/24 and he claimed he did not run Douglas off from the Wal-Mart. Mr. Bishop told us he “sympathizes with the plight of the sex offender”

We explained to Mr. Bishop that by chasing off an offender from a registered/known spot Douglas could legally go 3 more days until he registers his new location. If WCBY continues to chase Douglas around Bristol they are actually creating a situation where a previously registered and known offender would be unknown and that defeats the purpose of the registry. Not to mention they are harassing Douglas for no reason. Douglas had to move his mobile home because of WCYB’s reporter and camera person making an issue of his location, asking him questions and going to Wal-Mart management. Not the actions of someone or a station who “sympathizes” with a plight.

On the afternoon of 04/24 we e-mailed those of you on our mailing list to reach out to WCBY and asked you to tell them to leave Douglas alone as he was not bothering anyone and he was breaking no laws. He is just trying to survive.

Many of you did just that and we thank you.

The RSOL of VA also contacted all 140 Virginia Legislators about this WCBY story and the harassment and intimation of Douglas by WCBY .

Instead of a follow-up story running that evening as posted WCYB put it off until the following day 04/25.

Sex Offender Registry Rules Explained: http://www.wcyb.com/news/30954270/detail.html

It’s interesting that the VSP spokesperson lays the blame on the Virginia Legislators in the follow-up story.

We expect there will be a bill(s) proposed at the 2013 Virginia General Assembly to tighten homeless/RV-living RSO’s. Either their registering time frame or even their ability to be homeless due to Brian Bishop’s two stories. As always we will oppose legislation that is based on myth, assumptions, fear and hate.

These two broadcasts by WCYB were not news stories; this was sensationalism journalism at its worst. To run a law abiding senior citizen off and possibly risk his safety by broadcasting his location, his RV and his face are cowardice acts and we are appalled any news station in the Commonwealth would allow such a situation to even occur.

We heard from Douglas on 04/30 and he informed us that a pizza establishment (we are withholding their name from this posting) in Bristol saw the WCYB story and when Douglas, his wife and his stepdaughter entered to get something to eat the restaurant owner/employee told him to leave and not return, because he was a sex offender!

Just think of where you or your loved one might be at the age of 67. You’ll most likely still be a RSO because 83% of Virginia’s RSO’s are “lifers”. Will you have a home? Or will you be forced to live in an RV, just looking for a place to park for the night? Always looking for the closest VSP Barracks to register your location in time or face a felony. Will you have a job or any income at all? Will your spouse or significant other still be by your side or did they throw in the towel because of the stress and humiliation? Will a news channel be stalking you? When you enter a local establishment to buy supplies, use the facilities or get something to eat or drink will you be kicked out, shouted at or chased out the door by the owners or citizens because they saw you on the news for just trying to survive? So much for the golden years.

There but by the grace of God, go me.

Or you.

Or your loved one.

No one deserves to be treated the way Douglas has been by WCYB, it was harassment. Period.

Thank you for your support.

Mary Devoy

Executive Director

Virginia Supporters,

Below is a 4 month span of e-mails between the RSOL of VA and the Virginia State Police on problems with the Re-registration letters missing information simply because of the print set-up at the VSP Headquarters. These forms require a signature and thumb-prints that everything is accurate and included otherwise a felony charge could be filed.

Now, it seems the VSP has completely removed not only the e-mail addresses but the vehicle registration info too.

We are not sure how a registered offender can verify what they registered last time as at that point it was handwritten into a form. We know of numerous instances when it was later typed into the VSP database a typo of some sort occurred or something that was supposed to be deleted wasn’t and still showed as current. Previously not until the re-registration letter was mailed out months later could an offender see the inaccuracy and alert the VSP of the issue. Now how will an offender know if the VSP data on them is current and accurate?

Please read the below span of e-mails so you under stand the new VSP forms and as always if you have an issue with missing information, information being entered into their data base incorrectly, information not deleted and you have proof you went in and advised them to delete it or anything else send us a copy of the form(s) and the specifics of your experience including the VSP Barracks location, the name of the employee and the date.

If you have a legitimate issue and are willing to send us all the documents and details then we are willing to go to bat for you! We know that the Virginia system as it stands today is set-up for you to fail not succeed and we want anyone who is trying their best to obey the laws and stay compliant to succeed, that’s why we exist and why we do this work.

If this new/revised VSP re-registration form turns out to cause more problems than it solves, the RSOL of VA will reach out to the VSP first for a fix and then if necessary the Legislature and the Administration.

This is not a game, it’s your life and your success and we want you to succeed.

Thank you for your support.

Mary Devoy

December 20, 2011:

VSP Lt. Ronald Maxey,

In 2010 we learned after 24 hours or more of high anxiety that the re-registration letter that we received at my house only has 4 slot/cells/spaces for e-mail addresses.

So even if 5 or more addresses have been properly registered with the VSP your official VSP re-registration form fails to reflect the 5th, 6th or 7th address.

When the 2011 form arrived it was the same situation but we did not panic as we had in 2010, but again the in-person registration took more time because a whole new form had to be filled out by hand due to the too few spaces on the printed re-registration form.

Today I received an e-mail from a supporter who experienced the same situation them-self. They had previously registered all e-mail addresses properly but when their VSP form showed up it appeared to be incomplete because his 5th and 6th e-mail’s were not listed.

These forms require an offender to verify ALL information, and sign that it is correct. My question is if an offender has properly registered all their addresses and they are in your data system then why are all the addresses not printing on the re-registration forms that get mailed out and that are required by law to be signed as complete and accurate?

Obviously more row/cells need to be added to the VSP forms that are being mailed out. If the data is registered under an offender, then that data should print.

When an offender is faced with a VSP clerical or printing error that falls back on them as a felony many offenders are going to avoid pointing out the problem out of fear of prosecution.

Today I am asking the VSP to rectify this issue on their own and soon, by January 1, 2012. Otherwise I will need to approach some Legislators on the issue with copies of my husbands 2010 and 2011 forms that we received as incomplete but yet the information was in your system at the upcoming General Assembly session.

I would have hoped someone at the VSP by now would have corrected this issue but since that is not the case I’m taking the first step and I hope that’s all I will need to do.

Sincerely,

Mary D. Devoy
Executive Director
December 22, 2011:

Ms. Devoy:

Thank you for contacting me regarding your concerns.  I will research the issue for potential problems and/or solutions.

Lieutenant Ronald C. Maxey, Jr.
Virginia State Police
7700 Midlothian Turnpike

Richmond, VA 23235
Office: 804-674-2023
Fax: 804-674-2345

ron.maxey@vsp.virginia.gov

January 5, 2012:

Lt. Maxey,

If you would please send me an update on this problem I would appreciate it.

Sincerely,

Mary D. Devoy
Executive Director
January 6, 2012:

Ms. Devoy,

SOIU troopers investigate possible registration and re-registration violations prior to taking any enforcement action to determine if there is a reasonable explanation regarding whatever issue they may be looking into.  Which would be applicable in this situation.  Your email is the first time a concern has been voiced regarding the number of email, IM, and other communication names printed on the SP-236A form.  So to avoid any confusion or problems regarding the issue for offenders or law enforcement officers, I am currently working with our IT Division on a revised template which will allow the block to expand for the inclusion of all email, IM, and other communication names.

Again, thank you for bringing this matter to my attention.

Lieutenant Ronald C. Maxey, Jr.
Virginia State Police
7700 Midlothian Turnpike

Richmond, VA 23235
Office: 804-674-2023
Fax: 804-674-2345

ron.maxey@vsp.virginia.gov

January 6, 2012:

Lt. Maxey,

I appreciate your attention to this problem. I’m very surprised to hear my 12/20/11 e-mail was the first you had ever heard of this specific issue.

I have heard from numerous supporters and all their VSP Troopers knew the number of rows/cells for the form max’ed out at 4 no matter how many more addresses were registered in the data system. Every time I received a panicked e-mail from a supporter I advised them to calm down and explained what we had learned on our own about the number of spaces on the form in 2010.

I always instructed them to either call Caroline at the VSP Hotline if it was during business hours or if not to both call and e-mail their assigned Trooper so that the missing information could be located and confirmed in the VSP data base.

Every batch of re-registration letters that goes out to offenders and is missing data that is in your data system is an unnecessary waste of VSP resources having to look up that missing information and then of those who much handwrite a form that has already been printed and mailed out at $10+ a piece.

Sincerely,

Mary D. Devoy
Executive Director

April 25, 2012:

Lt. Maxey,

Back on December 20, 2011 I sent an e-mail in regards to the VSP re-registration letters not printing all the e-mail addresses of offenders if they had previously registered more than 4.

As you know this poses a huge issue as thumb-prints and a signature to confirm all information is correct is required by the offender or they would be facing a felony. The incomplete printing of these forms not only causes undue stress to the offender and their family members until they can confirm the data is actually in the VSP system but it requires them to make an in-person trip to a VSP Barracks during work hours when they may have been expecting to mail back the re-registration letter and this inaccuracy also means a VSP employee must now fill out an entire form by hand when the offender stops by the barracks.

So this e-mail is not only to confirm this specific issue has been rectified after 4 months, please advise.

But to also inquire about the re-registration forms that have been mailed out in the last week.

A RSOL of VA supporter received his re-registration form a few days ago and he advised me that none of his e-mail’s or vehicles were listed.  Was this a mistake or is this the new format for the VSP form?

If this is the new format then how can an offender confirm the information they have previously registered is correct and complete without making a trip to a Barracks and having an employee pull up the data on a computer monitor or printing it out for them? We both know data has been entered into the VSP database incorrectly in the past, as human error is a risk.

We are concerned that by signing a form as all past registered information is correct when the offender can not read that information to confirm then serious problems with future felony charges will occur and cost the State even more money when in fact the offender was not failing to register the info at all.

Please advise.

Thank you.

Mary D. Devoy
Executive Director

April 25, 2012:

Ms. Devoy,

The Sex Offender and Crimes Against Minors Form SP-236A requires the offender to certify information provided on the address verification/re-registration form [SP-236A] as complete and accurate.  The information you were concerned with is no longer included on the Form SP-236A.  The accuracy of information NOT included on the Form SP-236A is neither confirmed or denied by the offender’s signature.

It is the responsibility of the offender to ensure he/she provides accurate information within the mandated timelines pursuant to Section 9.1-903, Code of Virginia.  The Sex Offender Investigative Unit (SOIU) remains willing and accessible to any offender with questions related to information they have previously provided.  If an offender requires assistance and would like a SOIU trooper to contact them, they can do so by calling the Sex Offender Registry Help Desk at (804) 674-2825.

Thank you for bringing your concerns in this matter to my attention.

Lieutenant Ronald C. Maxey, Jr.
Virginia State Police

7700 Midlothian Turnpike

Richmond, VA 23235

Office: 804-674-2023

Fax: 804-674-2345

ron.maxey@vsp.virginia.gov