Legislation on Residency Restrictions and Registration

Well, its some progress.  From the Bangor Daily News:

AUGUSTA, Maine — Legislation that would restrict a community’s ability to control where sex offenders live in town is headed to the full Legislature after a last-minute compromise received a favorable vote in committee on Friday.

A second bill that would allow some sex offenders to petition to be left off the statewide registry also won the endorsement of the Criminal Justice and Public Safety Committee.

As originally introduced, LD 385 would have prohibited municipalities from enacting local ordinances that restricted how close convicted sex offenders could live to schools, parks and other places where children congregate. Bill supporters said such laws, while well-intentioned, further punish sex offenders who have served their time and could result in a total ban on sex offenders within some towns.

...

The version that received an “ought to pass” vote from a majority of the committee would allow towns to prohibit sex offenders from living within 750 feet of public or private schools.

Towns could also extend that prohibition to areas around other municipal-owned properties, such as parks. Additionally, the bill would only apply to adult sex offenders convicted of felony offenses against children under age 14.

...

Kate Dufour of the Maine Municipal Association said while her group and its members won’t be happy with the 750-foot limit, at least the bill preserves some level of local control.

...

The measure seeks to address criticisms that Maine’s sex offender registry is doubly punitive because it forces people to retroactively register long after they have finished serving time for their offenses. LD 1157, sponsored by Sen. Stanley Gerzofsky, D-Brunswick, does not automatically remove anyone from the registry. Instead, the bill would allow anyone convicted between Jan. 1, 1982, and June 29, 1992, to petition to not be listed in the searchable registry. To be eligible, the person must not be a repeat violent offender, must have been discharged from jail before Sept. 1, 1998, and cannot be convicted of subsequent felonies.

...

The current bill does not seek to create such a tiered system, however.

With respect to the first bill creating safety zones, I see two positive aspects: (1) The towns cannot just make up any crazy zone they want and  (2) The restriction appears to be targeted at sex offenders with a history of attraction to children under 14-as opposed to 15 year olds or adults. 

With respect to the second bill filtering sex offenders off the registry between 1982 and 1992, I wish it were stronger.  While at least the legislature ismaking someattempt totackle an injustice that ispolitically toxic, I see a number of issues:

1.  The bill still seems to require an application by thoseeligible to be taken off the registry.  No beurocrat is going to want to stick their neck out to be the one that allows someone to be removed from the registry that could turn out to be a repeat offender.  Just make the proposed new filter automatic-not discretionary;

2.  If this legislation passes it could have some interesting effects on the current litigation challenging the statute.  At least some-if not many-of the plaintiffs may nolonger have standing.  The court may otherwise be at least mindful, if not influenced, by the curent legislative direction.  Recently the State requested a stay of discovery for some of the latter Plaintiffs in that matter for the reason that it had the sense that the earlier tranche of Plaintiffs was further along the process and the decision in that tranche may well controll the final outcome of the case for all Plaintiffs.  As an interesting aside the cases have been styled "State v. John Doe I, II, III" etc.  When we got to roman numeral number XXX there was some official hesitaion given the subject matter.

3.  While the statute does not create a tiered system for those offenders after 1992 at least there is some effort at gradation for thosebefore 1992.  I think the problem still remains for those convicted later that should be entitled to some privacy based on the nature of the particular offense.  But hey, its progress.

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[James Regal]

No offense intended to victims and their families of violent sexual assaults, but the “statutory” laws in all states are insane and DA’s are relentlessly prosecuting young kids/teens and young men with laws enacted to protect our kids and teens.

I am not condoning pre-teen and teenage sexual promiscuity, but think back to when you were kids/teens and you played games such as truth-or-dare, doctor, seven-minutes-in-heaven, spin the bottle, or went 'parking'.

What was once 'petting' sexual exploration between consenting underage teens is now grounds for “life time registration as a sex offender” and it is the boy who always ends up being charged.
Statistically under today's sex offender laws, over 95% of all youth could be convicted and registered as sex offenders for life!

How many of our young boys and teens will we allow to be incarcerated, subjected to barbaric and abusive treatment (see Plethysmographs, arousal reconditioning, cognitive restructuring of juveniles) and then forced to register as Sex Offenders for the rest of their lives before we bring an end to this insanity?

The current and potential legislation regarding this entire subject is seriously lacking any real protection of our children from violent predatory sex offenders. In fact more and more underage children are the ones who are being prosecuted and convicted at an alarming rate under the very laws enacted to 'protect them.'

[Robert]

I am a very street wise person and am considered an expert,and a professional in the art of self defense. Even with them credentials I am helpless from the mistreatment from the public today.

Why? "The Sex Offender Registry is the direct cause of the discrimination and the dangers sex offenders and their families have to face everyday."

Everyday a sex offender's picture,address and what school or job they go to, are all listed on the sex offenders registry website, a website that gets millions of hits a week, is another way they and their families have to suffer from the discrimination,ignorance,
and definitely their safety today.

Hense, this website gets more hits then almost any other website. Even more then the FBI's Most Wanted, The KKK, And even any Adolf Hitler's web site, and what is real troubling even more then any Terrorist websites as well.

I think if they had the Internet back in the date and time when if the state or government thought you was a witch and without any real trials you was burnt.

If anyone looked like a witch as in the peoples eyes back then, you was a witch, you must die. People watched with great pleasure to see these innocent people grossly burnt shouting out "burn you witch." Well if their was a website back then the sex offender registry would have some competition I believe.

There's something about the Witch Trials and the stigma that was around back then that in my opinion relates as the same as with today's people related to the Sex Offender Registry today.

[Gallowsman]

*****UPDATE ON LD 1157*****

For all those out there fighting this. It was just brought to my attention that part of LD 1157 says that if an Offender who get off the Registry under this law commits ANOTHER felon they will be put back on. This is clearly now a Punishment and the Legislature says so in LD 1157. Commit another felon and you go back on the Registry. Already Doe's lawyers are jumping on this and everyone needs to point this out in any up coming court cases.

[Robert]

For safety purposes I just want to let the vigaltee minded readers know that I am using a frivilous Name and DOB. I did this to protect my security interests.

This is a great subject and needs much more attention and discussions so to help educate the public, especually directly from a registered sex offender as myself.

In the following paragraphs I'll try to answer any questions the public may have.

Hopefully enough answers to decrease some of the bad stigma one sees in todays date and age. The witch hunters of this generation today.

[Colin S. Caissie]

I've often felt that the registry is fair, but the open posting on the internet is not.

Since posting, there have been at least 2 murders and frequent assaults and property damage that I know of. Since posting, I have been "pushed out" of one job.

I will push to support the right of those of us who were convicted before the registry was enacted to apply for getting the registry listing dropped. I'm OK with a list being kept by the State Police or Sheriff's department. Some need to know who's in the neighborhood.

I'd also like to see a better description of the sentences. Mine was "3.5 to 7 with 2.5 years suspended for meaningful participation in the State prison's 1 year residential sex offender program." That's what I plead for and received. Kinda makes a difference? Also, I participated in offender groups as a condition of parole. Participated in the Attorney General's Task Force on abuse. Was interviewed on TV supporting offender registry. So, 7 years of group work? Significant?

How many others have participated in programs or otherwise served their sentences differently than listed on the registry?

Meanwhile, as long as my picture is on the list, I've been placed in danger. I'm ready to physically defend myself against unknown intruders. I scrutinize and interrogate unknown visitors. There may be another murder some day, but it won't be me.

[rodsmith3510]

it's still ILLEGAL. they can talk all the they want. NOTHING in the constitution says anyting about civil or criminal law. It says NO EXPOST laws are allowed. Any politican or judge dumb enough not the get this needs to be removed from life. they are too stupid to be in the gene pool.

[drew]

LD 1157 is not an improvement, and it will not automatically take away the standing or moot the cases.

It has the potential to raise the number of litigations because new crimes were added by amendment in 2003 and LD 1157 will make those retroactively registerable. Additionally, it gives the registry the authority to determine the requirement to register. This used to be part of the criminal sentence. The Law Court has already questioned the constitutionality of turning a former criminal penalty into a civil penalty.

The wording of the bill is designed to undermine the ex post facto challenges by making registration appear to be a merely civil collateral consequence and not something that was decided at the time of sentencing. However, the Court has already signaled that registration is punishment and there is loss of liberty. There are still plenty of challenges such as loss of procedural due process, equal protection, and bill of attainder.

[Joe]

Finally. Reforming the treatment of convicted sex offenders has been a long time coming. It's so unfair that long after jail sentences are served, sex offenders who might actually have a shot at being normal are haunted by their past crimes.