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October 2011

Halloween Restrictions on Sex Offenders Do Little to Protect Children, two Groups Say, October 31, 2011:

Police Crackdown on Sex Offenders on Halloween Is Pointless, Say Critics, October 31, 2011:

Part 3: Non-Profit Organization in Suffolk Gives Non-Violent Sex Offenders a Second Chance (Virginia), October 31, 2011:,0,4520018.story

U.S. Sentencing Commission: Comprehensive Report on Statutory Mandatory Minimum Penalties, October 31, 2011:

Supreme Court to Weigh Effects of Bad Plea Advice, October 30, 2011:

Editorial: A Duty of Effective Counsel, October 30, 2011:

Deltona’s Controversial Sex-offender Law Holds; Effectiveness Tough to Measure (FL), October 30, 2011:

Editorial: Falling Crime, Teeming Prisons, October 29, 2011:
(Senator Jim Webb’s National Criminal Justice Commission Act)

Child Pornography’s Often Forgotten Victims, October 28, 2011:
(A MUST Read! NY Advocates CAUTIONclick, did a great job!)

Homeless Sex Offenders in San Francisco Move Indoors, October 28, 2011:
“The California Supreme Court ruled in 2010 that local jurisdictions would have to consider the constitutional arguments against Jessica’s Law, and sex offenders have been challenging the restrictions throughout the state.
Starting last spring, the San Francisco Public Defender’s Office began filing habeas corpus petitions for individual sex offenders in Superior Court. While the considering the petitions, Presiding Judge Cynthia Lee has approved temporary stays on the residency restrictions for some 50 parolees, says Bischoff. However, parole officials count as many as 60.
The news quickly circulated among parolees, who have walked into the Public Defender’s Office to see if they, too, could get a stay, Bischoff says.
Indeed, the state’s own Sex Offender Management Board has spoken out against Jessica’s Law residency restrictions, saying homelessness destabilizes sex offenders’ lives, making it difficult to get a job or reconnect with family. That only increases the chances they’ll reoffend, the board wrote in a 2008 report”.

Will Republicans Deep-Six National Criminal Justice Reform? October 28, 2011:
(Senator Jim Webb’s National Criminal Justice Commission Act)

“To Catch a Predator” Lawsuit Okay’d by Judge, October 28, 2011:

Part 2: Sex Offenders Living Near School Bus Stops (Virginia), October 28, 2011:,0,1339769.story
(See Bulletin Board Posting #399)

Transient California Sex Offender Parolees Told to Gather for Supervised Halloween Curfew, October 28, 2011:

John Walsh Weighs in on Baby Lisa Case: Cops Need to Check Sex Offenders in a 20 Mile Radius, October 28, 2011:
(John Walsh continues to create hysteria about RSO’s demanding they are searched and questioned in the Baby Lisa case. Mr. Walsh flat out lied when he stated in this interview that his son Adam was killed by a serial pedophile. As most of us know the murderer of Adam Walsh did not have one sexual conviction. If there had been a sex offender registry when Adam disappeared the perpetrator would never have been flagged. It seems Mr. Walsh’s main purpose for being on the TODAY Show this morning was more about him promoting his new television show on Lifetime but yet he managed to target RSO’s in the process.)

Part 1: Sex Offenders Living Near School Bus Stops (Virginia), October 27, 2011:,0,7651840.story
(See Bulletin Board Posting #399)

Pa.’s Version of Adam Walsh Act Would List Teens as Sex Offenders, October 27, 2011:

Op-Ed: Moving Beyond Civil Rights, October 27, 2011:

ICE Agent During Search: ‘The Warrant is Coming Out of My Balls’ (TN), October 27, 2011:

Alabama to Round Up Sex Offenders on Halloween, October 27, 2011:

SEX OFFENDERS: Council to Recommend Changes to Iowa Law, October 26, 2011:,0,1751046.story

No Halloween Restrictions For Ohio Sex Offenders, October 26, 2011:

Congress is About to Screw Over Your Son, October 25, 2011:
The draft VAWA reauthorization bill is a blatant, politicized, institutionalized embrace of partiality that favors the female accuser and the maligns the male accused.

Iowa Sex Offender Convictions Rise, Pushing Up Costs, Data Shows, October 25, 2011:

No Tricks or Treats for Sex Offenders Halloween Night (Virginia), October 25, 2011:
(The title of this article is extremely misleading as only RSO’s under VADOC Probation supervision are prohibited from handing out candy. All other VA RSO’s can legally do so but this title suggests otherwise. See Bulletin Board Posting #398)

Senate Judiciary Committee Amends, Passes Senator Orie’s ‘Adam Walsh’ Bill (PA), October 25, 2011:

Sex Offender Registry: First, Do No Harm (MI), October 24, 2011:
“Here is a young man who was trying to do the right thing. And what did he get for it? It seems as if the system was never meant to give people freedom, but to force them to fail.”

Authorities Will Visit Sex Offenders on Halloween (Virginia), October 24, 2011:

Opinion: Distinguishing Between Child Abuse and Artistic License, October 24, 2011:
“Owning a slasher film is not the same thing as owning a snuff film. Owning a cartoon depiction of children in sexual situations should not be legally equal to owning a video of real sexual child abuse.
Is it obscene, and even a bit creepy? Yes. Is it actual child pornography? No”.

UF Alumnus Films “Jessie’s Dad”, October 24, 2011:
Mark Lunsford

Convicted Juveniles Benefiting from Registry Changes (MI), October 23, 2011:

Teen Recants Mtn. View Sexual Assault Story, October 22, 2011:
16-year-old girl had told police she was groped in Whisman Park

The Halloween Sex Offender Hoax, October 22, 2011:

Halloween Sex Offender Scare Is Largely Myth, October 22, 2011:

Halloween Sex Offender Rule Isn’t Really the Answer, October 21, 2011:

No Halloween Restrictions on Sex Offenders (AL), October 21, 2011:

Probation and Parole to Hold Fourth Annual ‘Operation Secure Child’(LA), October 21, 2011:

Tennessee Sex Offenders Can’t Take Part In Halloween, October 21, 2011:

Can Criminal Justice Be Quantified? October 20, 2011:

Republicans Block Justice Review Proposal in Senate, October 20, 2011:
(Senator Jim Webb’s National Criminal Justice Commission Act)

Va. High Court Reviewing Teen’s Spitball Suspension, October 20, 2011:
A teenager’s long-term suspension for shooting plastic “spit wads” at school has reached the Virginia Supreme Court.
Rutherford Institute attorney Rita Dunaway asked the court Tuesday during oral arguments to reverse 14-year-old Spotsylvania High School student Andrew Mikel’s suspension. The Charlottesville-based constitutional rights group contends that school officials violated Mikel’s due process rights.
School officials said Mikel shot small, hollow plastic pellets at other students during lunch, which constituted “violent criminal conduct” and possession of a weapon. He was suspended in December 2010 for the rest of the school year.


State Lawmaker Looks at Break with Federal Sex Offender Guidelines, October 20, 2011:
Major changes could be on the horizon for Missouri’s sex offender registry.
The state representative leading a committee that is looking into ways of cutting down the size of the state’s sex offender registry says it may make sense for the state to detach itself from federal sex registry rules.
Rep. Rodney Schad, R-Versailles, said Wednesday that large numbers of people on the state sex offenders registry are there due to federal rules that are more stringent than state laws. Schad said the result is hundreds, maybe thousands, of people on the sex registry do not have to be on that list. Schad said people on the list for less serious crimes aren’t able to find jobs and wind up costing the state through public assistance.
“We have some people that are absolutely no risk to society, to children, or to anyone else that are burdened with this label of ‘sex offender’”, Schad said
(Missouri one of only fifteen AWA/SORNA compliant states is considering breaking away from being compliant after JUST 3 months!)

Man Says Illegal Fence is Protection from Sex Offenders (MI), October 20, 2011:

Concerns Over Halloween & Sex Offenders (SC), October 19, 2011:

Richard Kanka, Megan’s father, Running for Central N.J. Senate Seat, October 19, 2011:

Conservative Crime Bill Takes a ‘Flawed Approach,’ Critics Say (Canada), October 19, 2011:

Registered Sex Offender Arrested at High School Football Game (Virginia), October 18, 2011:
The Innocence Project statement in response to the press release issued by Sheriff Mark Amos this morning:
Edgar Coker was adjudicated delinquent in 2007 upon false allegations that when he was 15-years old, he forcibly raped a 14-year old girl. After Edgar’s adjudication, the alleged victim fully recanted her allegations against him and admitted that she had invited him into her home and had engaged in consensual sexual activity with him, but made up the rape story because she was afraid of getting in trouble after her mother came home. There is currently an appeal pending in the Supreme Court of Virginia addressing the recantation. The alleged victim and her mother have been tirelessly working to reverse his wrongful adjudication for over three years.
After he had completely served his time in the Department of Juvenile Justice, Edgar sought and received permission to enroll in Orange High School, despite the fact that he was already on the sex offender registry due to the false rape adjudication. Orange High School allowed Edgar to enroll. Edgar in fact enrolled at Orange High School and recently graduated. While he was a student at Orange, Edgar participated in the Orange High School track team and was featured in the Orange County Review for his athletic achievements.
The Orange County Sheriff’s Office’s press release omits all of this critical information and instead creates the misimpression that a sexual predator was caught attending a high school football game. In fact, Edgar Coker is innocent of wrongdoing and had permission to attend Orange High School.
We are requesting that, if you will not remove Sheriff Amos’s misleading press release from your website and Facebook page, that you at least print the contents of this e-mail alongside the press release.

Facebook Links to Sex Offender List (NY), October 18, 2011:

Sex Offender Registry: An Unfair Waste of Tax Dollars? October 18, 2011:
Wisconsin currently treats sex offenders with more care and effort than it treats offenders that are purely violent, and it’s time that changed.

Changes to Sex Offender Registry Discussed (NE), October 18, 2011:

Medicaid Expansion Seen Covering Nearly All State Prisoners, October 18, 2011:

Lawmakers Look at Revising Missouri Sex Offender Registry Rules, October 18, 2011:
A Missouri House of Representatives’ committee heard emotional testimony Tuesday from family members of sex offenders who said Missouri’s sex offender registry is too broadly defined.
Lawmakers heard from a number of witnesses who said their loved ones, who committed relatively minor or technical sexual offenses in their youth, have been unfairly put into the same category as rapists and predatory child molesters. The committee is in the process of examining state’s laws related to sexual offenses and the use of the sex offender registry.
A wife told the committee of how her husband is banned from picking up his children from school, attending social functions with children and coaching his children’s sports teams because he is on the sexual offenders’ registry for having consensual sex with an underage girl when he was 19.
A father told committee members through a family spokesman how his 24-year-old son was arrested for an alleged sexual incident that occurred 12 years before, pleaded guilty and was placed on the sexual offenders list.
And a mother who said her son committed suicide after years on the offenders list for an incident that occurred when the boy was 14.

Sex Offenders Barred from US Halloween Festivities (CA), October 18, 2011:

Sex Offenders Banned From Play Areas in Los Alamitos (CA), October 18, 2011:

Hearing on Sex Offender Safe Zones (AZ), October 18, 2011:

Lake Commissioners Tighten Sex-offender Restrictions in Reaction to Sex-offender ‘Village’ Proposal (FL), October 18, 2011:
A woman representing the Florida Action Committee, which opposes residency restrictions and labeling for many sex offenders, presented commissioners with a letter from the group’s president urging them to “consider the impact and unintended consequences of a 2,500-foot residency restriction.”
Citing a report by the California Sex Offender Management Board, her letter insisted that “residency restrictions are ineffective at preventing harm to children, and may indeed actually increase the risks to public safety.”
Lake’s new ordinance replaces a previous one that mirrored state law and prohibited registered sex offenders from living closer than 1,000 feet from schools, playgrounds and other places where children gather.,0,1445417.story

Neighbors Outraged that a Sex Offender Won Award for Garden (CA), October 18, 2011:

Supreme Court Decision Could Force Florida’s Police to Get a Warrant to Secretly Install GPS Trackers, October 18, 2011:
Right now, they don’t have to get a warrant, but many agencies say they do anyway,0,2115630.story

Verdict Angers Victim in Hopewell (Virginia) October 18, 2011:

No New Jail Time in Hopewell Sex Offender Hit-and-Run Case (Virginia) October 17, 2011:

Older, Sicker Inmates Add to Costs in Virginia Jails, October 17, 2011:

More than a Dozen Sex Offenders Live in Kansas Nursing Homes, Raising Concerns, October 16, 2011:–Sex-Offenders-Nursing-Homes/

Heroux: Facts, Myths and Sex Offenders, October 16, 2011:

Sex Offender Charged After Raleigh Museum Visit, October 16, 2011:

Sex Offenders Living in Kansas Nursing Homes, October 16, 2011:

Sex Offender Regristration Fees Rise in Loves Park (IL), October 16, 2011:
Police say sex offenders in Loves Park rushed to register last month before the city imposed a higher fee. Sex offenders now have to pay one hundred dollars a year instead of thirty dollars.

Crawford Co. Makes Halloween Sex Offender Sweep (AR), October 16, 2011:

Nancy Hengeveld: The Contrasting Results Between Restorative and Punitive Justice, October 15, 2011:

Billions Behind Bars: Inside America’s Prison Industry
CNBC goes behind the razor wires to investigate the profits and inner-workings
of the multi-billion dollar corrections industry.
Premieres, Tuesday, October 18th 9p | 10p | 12a | 1a ET
With more than 2.3 million people locked up, the U.S. has the highest incarceration rate in the world. One out of 100 American adults is behind bars – while a stunning one out of 32 is on probation, parole or in prison. This reliance on mass incarceration has created a thriving prison economy. The states and the federal government spend about $74 billion a year on corrections, and nearly 800,000 people work in the industry.
From some of the poorest towns in America to some of the wealthiest investment firms on Wall Street, CNBC’s Scott Cohn travels the country to go inside the big and controversial business of prisons. We go inside private prisons and examine an Idaho facility nicknamed the “gladiator school” by inmates and former prison employees for its level of violence. We look at one of the fastest growing sectors of the industry, immigration detention, and tell the story of what happens when a hard hit town in Montana accepts an enticing sales pitch from private prison developers. In Colorado, we profile a little-known but profitable workforce behind bars, and discover that products created by prison labor have seeped into our everyday lives — even some of the food we eat. We also meet a tough-talking judge in the law-and-order state of Texas who’s actually trying to keep felons out of prison and save taxpayer money, through an innovative and apparently successful program.

‘Trick No Treat’ for Area’s Registered Sex Offenders (IL), October 15, 2011:

REGION: Lights Out Proposed for Sex Offenders (CA), October 13, 2011:

Tangles in the Ties that Bind, October 13, 2011:
Colorado prisons’ high phone charges invite scrutiny

Editorial: Second Chances After Prison, October 13, 2011:
Representative Frank Wolf, Republican of Virginia, has promised to fight in the conference committee for the House bill that would invest $70 million into the Second Chance Act. The Senate, by contrast, has set aside no money for the program while earmarking more than $300 million in new aid for federal prisons. The Senate has its priorities backward.

Falmouth May Restrict Where Sex Offenders Live (ME), October 13, 2011:

Lawsuits Filed Against New Sex Offender Registry Law ( NE), October 13, 2011:

Township Mulls Repealing Sexual Predator Ordinance Following Supreme Court Decision (PA), October 13, 2011:

Which Sex Offenders are Safe? October 12, 2011:

Biden Warns of More Rapes and Murders If Jobs Bill Is Not Passed (MI), October 12, 2011:

Crime and Courts: Bill Would Make it Legal to Refuse to Hire Felons (WI), October 12, 2011:

Legislature Examines Sex Offender Registry Rules (NE), October 11, 2011:

Can Sex Offender Challenge SORNA Rule? (MA) October 10, 2011:

Teen Sexting Linked to Sexual Activity, Thoughts of Suicide, October 10, 2011:
2011 AP-MTV Digital Abuse Study polled 1,335 people between the ages of 14 and 24

State (NY) Opts Out of Compliance With Adam Walsh Act, October 7, 2011:

Neb. High Court Says Judge Overstepped Authority, October 7, 2011:

Oklahoma Considers Punishments for Juvenile ’Sexting’, October 6, 2011:

Sex Offender Registration Requirement Overturned by Massachusetts Court of Appeals, October 6, 2011:

2 Dozen States Watch Closely as Supreme Court Considers Arizona Sex Offender’s Appeal, October 5, 2011:
The Supreme Court was asked Tuesday to consider whether an Arizona sex offender has a right to effective counsel, not only at trial but in subsequent challenges of his conviction as well.
Luis Mariano Martinez argued that he was not able to raise the claim of ineffective counsel in his post-conviction review – because the counsel he claimed was ineffective had botched the review filing.
But the attorney for the Arizona Department of Corrections said the state provided adequate legal assistance to Martinez, though no law required it to do so. He told the justices that requiring “effective counsel” for convicts in Martinez’s situation would open up an “infinite continuum of litigation” from criminals appealing their convictions with state funds.
Ineffective assistance of counsel cases are “easy to raise and difficult to litigate,” said Kent Cattani, chief counsel of criminal appeals for the Arizona attorney general’s office.
Twenty-four states supported Arizona’s case on the basis that providing counsel in the appeals process is a state choice. They argued in a friend-of-the-court brief that a ruling in Martinez’s favor would “undermine the finality of state convictions” by guaranteeing an attorney for criminals in post-conviction proceedings.
The U.S. Justice Department agreed and argued in support of Arizona.
“States are permitted to draw different lines,” Jeffrey B. Wall, assistant to the solicitor general, told the justices.
Wall said that a ruling for Martinez would result in significantly more appeals of original convictions. In its brief, the Justice Department said, “prisoners would have an overwhelming incentive to argue … counsel had been ineffective,” if the justices agreed with Martinez.

SORNA Laws Coming To Pennsylvania, October 5, 2011:

NHCLU Files Suit Over Sex Offender Law, October 5, 2011:
Group Challenges Lifetime Registration

NM Works to Toughen Sex Offender Laws, October 5, 2011:

Sex Offender Ban Bylaw Draws Fire (MA), October 5, 2011:

Standing for Sex Offenders: Oral Argument Review in Reynolds v. United States

NH Lawsuit Challenges Sex Offender Registry Rules, October 4, 2011:
The New Hampshire Civil Liberties Union is suing the state on behalf of a disabled sex offender who was convicted six years before the state passed a law requiring him to register for life.

Cracking Down on Human Sex Trafficking in Northern Virginia, October 4, 2011:

Ruling has Communities Overhauling Megan’s Laws (PA), October 4, 2011:

Oklahoma Lawmakers, Prosecutors Explore Punishment Options for Juvenile ‘Sexting’ Convictions, October 3, 2011:
“Water’s wet. Grass is green. And kids are stupid,”

Supreme Court Opens 2011 Term, October 3, 2011:
Reynolds v. United States
The court heard arguments on the retroactive application of the Sex Offender Registration and Notification Act (SORNA), which requires convicted sex offenders to register. The attorney general determined in 2007 that all states would have to follow the federal rule to keep registration current. Billy Joe Reynolds pleaded guilty for failure to register his new address but attempted to challenge the application of SORNA against him because his sex offender conviction in 2001 predated the attorney general’s rule change. The US Court of Appeals for the Third Circuit ruled that this did not give him standing to challenge the rule’s application. Reynolds’ attorney argued, “[o]ur reading better accords with the text of SORNA and congressional intent, but the government reading is simply not reasonable.” Counsel for the federal government argued that the attorney general was acting within the scope of Congress’ intent.

Reynolds v. United States: U.S. Supreme Court, October 3, 2011:
Does petitioner have standing to challenge the Attorney General’s interim rule making the requirements of the Sex Offender Registration and Notification Act retroactively applicable to those who committed their underlying offenses prior to its enactment date?

Opinion: Do We Really Need Megan’s Law? October 3, 2011:
Maybe not, but what legislator would vote against a dead child?
I don’t begrudge any parents who have lost a child the right to set out on whatever crusades they feel the need to embark on. It’s impossible for me to say how I’d react if tragedy took one of my kids. But at the very least, by now we should have wised up enough to look with extra caution on laws that spring up out of the cauldron of parental grief, to make sure they meet rational needs and not just irrational ones.

Does Casting Out Sex Offenders Encourage Them to Offend Again? October 2, 2011:

Royal Oak Woman is a Force for Change in Sex Offender Laws, October 2, 2011:
Francie Baldino is on a mission to remove low-risk individuals convicted of minor sexual offenses from Michigan’s Public Sex Offender Registry.

Tennessee in Compliance With Adam Walsh Act, October 1, 2011: