Wednesday, July 28, 2010

Press Release from the National RSOL


                                                                                                       RSOL-National
                                                                                                       Cambridge, Mass.


For Immediate Release...
July 26, 2010
Contact: Jennifer Van Waes
270.873.5360 


Fox News Hosts Discussion of Sex Offender Laws

Cambridge, Mass.— July 26, 2010   Today, Fox News program “Fox and Friends” missed a golden opportunity for a meaningful dialogue and debate on the effectiveness of our current laws dealing with sex offenders.  The program brought together Mark Lunsford, father of Jessica Lunsford who was murdered in 2005 at age 9 by a convicted sex offender, and Kelly Piercy, head of “Georgians for Sex Reform,” an affiliate of National Reform Sex Offender Laws (RSOL).
 
Mr. Lunsford, who was instrumental in legislation known as the Jessica Lunsford Act, campaigned tirelessly in a successful effort to make more stringent not only the tracking and monitoring of registered sex offenders but also the sentencing of them.  At that point, it became a snowball that didn’t stop rolling, the result being that over 700,000 individuals, the overwhelming majority of whom are not predatory, violent, or putting communities at risk, are now on the registry with thousands more being added yearly.

Mr. Piercy, who was convicted of possession of child pornography, spent time in prison.  During that time, he requested and successfully completed treatment.  Since being released, he has worked tirelessly to reform laws that research has shown to be ineffective in protecting children.  Current laws are not only ineffective but have put our children more at risk, said Mr. Piercy. Due to the efforts of his organization, Georgia’s Supreme Court recently struck down some laws as unconstitutional.  The length of time some former offenders are required to register was an issue that was addressed in this action.
 
If the producers of “Fox and Friends” had seen fit to devote more than four minutes to this “debate,” the potential for the emergence of meaningful information would have been much greater.  As it transpired, Lunsford’s greatest contribution to the dialogue was a statement that “…never in the history of mankind has anyone (a sex offender) been reformed.”  Piercy rebutted,  “Treatment for the first time offender is highly effective.”  This is borne out by study after study, (Human Rights Watch, p.2; Iowa Sex Offender Research Council, p.7) and Mr. Piercy was surprised that Mr. Lunsford was unfamiliar with the studies.

Mr. Piercy stated that reform of the laws is essential in order to “…make communities safer and protect our children….” When asked what he thought Georgia should do, Mr. Lunsford said not to change anything and indicated that if a problem arose with unconstitutional laws, they should be handled individually in a courtroom.  The clog on our court system that would result from this strategy staggers the mind. 

RSOL wishes to thank Fox News for presenting this opportunity for a fair and neutral exchange of opposing ideas on this very sensitive topic.  For more information about RSOL, please visit the national website www.reformsexoffenderlaws.org.

Reform Sex Offender Laws (RSOL), founded in 2006, is a consortium of state affiliate  chapters whose purpose is to promote the prevention of sexual abuse while preserving the safety and dignity of all citizens through carefully structured laws targeting the truly violent, forced, and/or dangerous predatory acts of sex. RSOL believes that many aspects of the current approach to sex offenders seriously undermine justice and actually increase the threat of sexual assault against others, particularly children. RSOL opposes a publicized registry of sex offenders and seeks to bring an end to the humiliation of people who have already paid for their crimes. RSOL asserts that only by supporting justice for all people—offenders and victims alike can a truly safe society be built and secured for all Americans.


Saturday, July 24, 2010

Changing the Laws: Part 6 - Release from the Registry

301.45 Sex offender registration.

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=301.45

This section deals with removal from the registry, the title while hopeful, doesn't hold much hope due to the exemptions that are built into the statute that isn't obvious without reading more into each exemption.  The way the exemptions are set up and the process to be removed is set up it is impossible to get off the registry.
(5) RELEASE FROM REQUIREMENTS FOR PERSONS WHO COMMITTED A SEX OFFENSE IN THIS STATE.
(a) Except as provided in pars. (am) and (b), a person who is covered under sub. (1g) (a), (b), (bm), (c), (d), (dd), (dp), (e) or (em) no longer has to comply with this section when the following applicable criterion is met:
1. If the person has been placed on probation or supervision for a sex offense, 15 years after discharge from the probation or supervision imposed for the sex offense.

2. If the person has been sentenced to prison for a sex offense or placed in a juvenile correctional facility or a secured residential care center for children and youth for a sex offense, 15 years after discharge from parole, extended supervision, or aftercare supervision for the sex offense.

2m. If the person has been sentenced to prison for a sex offense and is being released from prison because he or she has reached the expiration date of the sentence for the sex offense, 15 years after being released from prison.

3. If the person has been committed to the department of health services under s. 51.20 or 971.17 and is in institutional care or on conditional transfer under s. 51.35 (1) or conditional release under s. 971.17 for a sex offense, 15 years after termination of the commitment for the sex offense under s. 971.17 (5) or discharge from the commitment for the sex offense under s. 51.35 (4) or 971.17 (6).

3m. If the person has been committed for specialized treatment under ch. 975, 15 years after discharge from the commitment under s. 975.09 or 975.12.

4. If subd. 1., 2., 2m., 3. or 3m. does not apply, 15 years after the date of conviction for the sex offense or 15 years after the date of disposition of the sex offense, whichever is later.

(am) 1. Except as provided in subd. 2., a person who is covered under sub. (1g) (dL) shall continue to comply with the requirements of this section until his or her death.

2. A person who is covered under sub. (1g) (dL) is not required to comply with the requirements of this section if a court orders that the person is no longer required to comply under s. 939.615 (6) (i).
The part that does in anyone that has been placed on lifetime supervision is subd. 4. (am).  This is where it refers to one of the earlier sections that I have discussed that states:
(dL) Is placed on lifetime supervision under s. 939.615 on or after June 26, 1998.
This is where it reverts back to everyone that has life on the registry still has life on the registry regardless.  What starts to make it interesting and again give more hope is in subpar. 2. where the reference is made to the 939.615 (6) statute.   This statute gives remedy to those that are on lifetime supervision, which has nothing to do with registration.  But for those that did not see the change in words from registry to supervision, it would be misleading.
(6) PETITION FOR TERMINATION OF LIFETIME SUPERVISION.
(a) Subject to par. (b), a person placed on lifetime supervision under this section may file a petition requesting that lifetime supervision be terminated. A person shall file a petition requesting termination of lifetime supervision with the court that ordered the lifetime supervision.

(b) 1. A person may not file a petition requesting termination of lifetime supervision if he or she has been convicted of a crime that was committed during the period of lifetime supervision.

2. A person may not file a petition requesting termination of lifetime supervision earlier than 15 years after the date on which the period of lifetime supervision began. If a person files a petition requesting termination of lifetime supervision at any time earlier than 15 years after the date on which the period of lifetime supervision began, the court shall deny the petition without a hearing.

(c) Upon receiving a petition requesting termination of lifetime supervision, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime supervision.  Upon receiving a copy of a petition sent to him or her under this paragraph, a district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime supervision. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.

(d) After reviewing the report of the district attorney submitted under par. (c) concerning the results of a criminal history record search, the court shall do whichever of the following is applicable:

1. If the report of the district attorney indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall deny the person’s petition without a hearing.

2. If the report of the district attorney indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (em) and shall schedule a hearing on the petition to be conducted as provided under par. (f).

(e) A person filing a petition requesting termination of lifetime supervision who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime supervision is a danger to public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney who received a copy of the person’s petition under par. (c). The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (f). The person petitioning for termination of lifetime supervision shall pay the cost of an examination required under this paragraph.

(em) After it receives notification from the court under par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime supervision. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person’s conduct while on lifetime supervision and an opinion as to whether lifetime supervision of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under par. (f), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.

(f) A hearing on a petition requesting termination of lifetime supervision may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime supervision should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney who received the petition under par. (c) may offer evidence relevant to the issue of the person’s dangerousness and the continued need for lifetime supervision.

(g) The court may grant a petition requesting termination of lifetime supervision if it determines after a hearing under par. (f) that lifetime supervision is no longer necessary to protect the public.

(h) If a petition requesting termination of lifetime supervision is denied after a hearing under par. (f), the person may not file a subsequent petition requesting termination of lifetime supervision until at least 3 years have elapsed since the most recent petition was denied.

(i) If the court grants a petition requesting termination of lifetime supervision and the person is registered with the department under s. 301.45, the court may also order that the person is no longer required to comply with the reporting requirements under s. 301.45. This paragraph does not apply to a person who must continue to comply with the reporting requirements for life under s. 301.45 (5) (b) or for as long as he or she is in this state under s. 301.45 (5m) (b).
Ok the only problem I see in this is whether or not they are allowed to count read-in charges that were not convictions.  I will have to consult a lawyer on that particular question.  But it would appear that unless you are a new arrival in the state of Wisconsin, lifetime supervised offenders can petition the court for release from supervision after 15 years, that is if they can afford all the things needed to do that.  The psychological evaluation can cost upwards of $1,200 or more to have done as as state in the first few paragraphs, that price tag is to be picked up by the offender, who already is required to pay $100 per year to be registered on this registry along with "at least $1 a day for supervision.  After all the payments on top of living expenses there usually no money left for a costly defense of your basic human rights.

Wednesday, July 21, 2010

Changing the Laws: Part 5 - Updating Information

301.45 Sex offender registration.
http://nxt.legis.state.wi.us/nxt/gat...tats&jd=301.45

While one can understand the importance of updated information on the Registry, but to make it a criminal offense to not tell the State of Wisconsin that you are leaving the state, subject to extradition and more prison time is absurd. That is what this section of law is talking about. It does not state that you could go to prison, but from studying the cases that have come through the court system in my county, I can say that the majority sex offense related problems stem from this registry law. The State of Wisconsin will extradite the offender throw them in jail and prison. Even if they have registered in the state they moved to, because they failed to inform the Registry of their departure from the state they are now breaking a law.
(4) UPDATED INFORMATION.

In addition to the requirements under sub. (3), a person who is covered under sub. (1g) shall update information under sub. (2) (a) as follows:

(a) Except as provided in par. (b), whenever any of the information under sub. (2) (a) changes, the person shall provide the department with the updated information within 10 days after the change occurs.

(b) If the person is on parole or extended supervision and the person knows that any of the information under sub. (2) (a) 5. will be changing, the person shall provide the department with the updated information before the change in his or her address occurs. If the person is on parole or extended supervision and any of the information under sub. (2) (a) 5. changes but the person did not know before the change occurred that his or her address would be changing, the person shall provide the department with the updated information within 24 hours after the change in his or her address occurs.

(4m) INFORMATION CONCERNING A MOVE TO OR SCHOOLING OR EMPLOYMENT IN ANOTHER STATE.

In addition to the requirements under subs. (3) and (4), a person who is covered under sub. (1g) and who is changing his or her residence from this state to another state, is becoming a student in another state or is to be employed or carrying on a vocation in another state shall, no later than 10 days before he or she moves out of this state, begins school or begins employment or his or her vocation, notify the department that he or she is changing his or her residence from this state, is beginning school in another state or is beginning employment or the carrying on of a vocation in another state. The person shall also inform the department of the state to which he or she is moving his or her residence, the state in which he or she will be in school or the state in which he or she will be employed or carrying on a vocation. Upon receiving notification from a person under this subsection, the department shall do all of the following:

(a) Inform the person whether the state to which the person is moving, the state in which the person will be in school or the state in which the person will be employed or carrying on a vocation has sex offender registration requirements to which the person may be subject and, if so, the name of the agency to contact in that state for information concerning those requirements.
(b) Inform the agency responsible for sex offender registration in the state to which the person is moving, in which the person will be in school or in which the person will be employed or carrying on a vocation that the person is moving to the state, beginning school in the state or beginning employment or carrying on a vocation in the state, and provide the agency of the other state with all of the information specified in sub. (2) (a).

(4r) RESTRICTION ON CERTAIN REGISTRANTS ESTABLISHING OR CHANGING RESIDENCE.

No person covered under sub. (1g) who is on parole or extended supervision may establish a residence or change his or her residence unless he or she has complied with all of the applicable requirements of subs. (2) (e), (3) (b) and (4) (b).
These are the kinds of laws and regulations that you would expect to see in a Communist Russia or a Communist China, the state regulating to the point that if you breathe you could be violating a law. This is over and above the debt that has been paid to society. Do are District Attorneys really have that little to do? There have been news stories and sob stories here in the State of Wisconsin about how they don't make enough money for their work load, they have too many cases. Which is just a product of their own insanity when it comes to these laws.

All of us need to pull together, sex offenders, families, and friends, to get the awareness out that these laws need to be changed.

Changing the Laws: Part 4 - Annual Registration Requirements

301.45 Sex offender registration.
http://nxt.legis.state.wi.us/nxt/gat...tats&jd=301.45

In this section of the law, there are only a few points I want to touch on, because we already know that everyone will be included on the registry except the few nineteen year-olds that qualify under the subsection 1m or if you suffer from a mental disease or disorder. What I have posted here is just one part of the third section of this law.
4. If subd. 1., 1m., 1r., 1t., 2., 2m., 3., 3g. or 3r. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.

(b) 1. Except as provided in subd. 1m., a person who is subject to par. (a) shall notify the department once each calendar year, as directed by the department, of his or her current information specified in sub. (2) (a). The department shall annually notify registrants of their need to comply with this requirement. If the registrant is a person under the age of 18, the department may also annually notify the registrant’s parent, guardian or legal custodian of the registrant’s need to comply with this requirement.

1m. A person who is subject to lifetime registration under sub. (5) (b) 2. or (5m) (b) 4. shall notify the department once each 90 days, as directed by the department, of his or her current information specified in sub. (2) (a). Every 90 days, the department shall notify registrants subject to this subdivision of their need to comply with this requirement. If the registrant subject to this subdivision is a person under the age of 18, the department may also notify the registrant’s parent, guardian or legal custodian every 90 days of the registrant’s need to comply with this requirement.

2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision, and parole agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, when the client enters this state.

3. The department of health services shall notify a person who is being placed on conditional release, supervised release, conditional transfer or parole, or is being terminated or discharged from a commitment, under s. 51.20, 51.35 or 971.17 or ch. 975 or 980 and who is covered under sub. (1g) of the need to comply with the requirements of this section.

3m. After notifying a person under subd. 2. or 3. of the need to comply with this section, the person who is providing the notification shall require the person who is covered under sub. (1g) to read and sign a form stating that he or she has been informed of the requirements of this section.

4. It is not a defense to liability under sub. (6) (a) or (ag) that the person subject to sub. (1g) was not required to read and sign a form under subd. 3m., was not provided with a form to read and sign under subd. 3m. or failed or refused to read or sign a form under subd. 3m. It is not a defense to liability under sub. (6) (a) or (ag) that the person subject to sub. (1g) did not receive notice under this paragraph from the department of health services, the department of corrections, a probation, extended supervision and parole agent, an aftercare agent or an agency providing supervision.
If you read through this excerpt above from beginning to end, you will start out thinking "That doesn't sound so bad, just telling you that offenders will be notified by someone at some point of their obligation to register, right?" Then you get to number four where it states that it is not a defense if you were not notified or did not read and understand the registration requirements.

So essentially what this is a HUGE indemnity clause in the middle of this law. That if the State, the DOC, or Health Services haven't done their job, they can not be held liable for it. This is something that needs to change. If they can not prove they have informed those that are supposed to be on the registry to register, then they are not doing THEIR job.

This is one more enormous reason that these laws are not only impossible to enforce but the sheer volume of information that needs to be handled is to great for the law to be effective in protecting anyone but the State worker's pay check and job security.

Changing the Laws: Part 3 - Registration: What do they want to know?

301.45 - Sex Offender Registration
http://nxt.legis.state.wi.us/nxt/gat...tats&jd=301.45

This section of the current law was far worse than I knew. I think the reason is, that I had never read this law line by line to really find out what kinds of information they are collecting. Most of the things that are listed in the law most people know about. As you can see below, most of these things are listed publicly.
(2) WHAT INFORMATION MUST BE PROVIDED, BY WHOM AND WHEN.

(a) The department shall maintain a registry of all persons subject to sub. (1g). The registry shall contain all of the following with respect to each person:

1. The person’s name, including any aliases used by the person.

2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

3. The statute the person violated that subjects the person to the requirements of this section, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.
4. Whichever of the following is applicable:
a. The date the person was placed on probation, supervision, conditional release, conditional transfer or supervised release.
b. The date the person was or is to be released from confinement, whether on parole, extended supervision or otherwise, or discharged or terminated from a sentence or commitment.
c. The date the person entered the state.
d. The date the person was ordered to comply with this section.

5. The address at which the person is or will be residing.

6. The name of the agency supervising the person, if applicable, and the office or unit and telephone number of the office or unit that is responsible for the supervision of the person.
Here is where the things all of us were well aware of that would be on the registry. I believe that it is because the above information is public. What I didn't know was how this law infringes on the rights and privacy of all members of a household that a sex offender resides.

6m. The name or number of every electronic mail account the person uses, the Internet address of every Web site the person creates or maintains, every Internet user name the person uses, and the name and Internet address of every public or private Internet profile the person creates, uses, or maintains. The department may not place the information provided under this subdivision on any registry that the public may view but shall maintain the information in its records on the person. This subdivision applies only to an account, Web site, Internet address, or Internet profile the person creates, uses, or maintains for his or her personal, family, or household use.

As you can see in the above highlighted text that they not only want the private account usernames but the usernames that are used for the entire family or household. The people that live with the sex offender did not break any laws, why is their privacy being infringed upon. It doesn't matter if the information is made public or not, our United States Constitution protects us from illegal search and seizure and our right privacy. This law is a clear violation of those.

8. The name and address of the place at which the person is or will be employed.

9. The name and location of any school in which the person is or will be enrolled.

9m. For a person covered under sub. (1g) (dt), a notation concerning the treatment that the person has received for his or her mental disorder, as defined in s. 980.01 (2).
Number eight could also be viewed as an invasion of privacy. Besides the information is available via taxes both Federal and State. While some of the sections in this law are serious violations of a person's privacy AFTER they have paid their debt to society, the stigma and vilification of the sex offender keeps the public from seeing this for what it is really is.

So I am going to say again, YES there are some real monsters out there that prey on people and children, regardless of their motives or reasons that is what they are, that does not give the rest of the people in this state and country the right to infringe on the rights that were set forth in both our US Constitution and our State Constitution.

Changing the Laws: Part 2 - The Wisconsin Registry

301.45 - Sex Offender Registration
http://nxt.legis.state.wi.us/nxt/gat...tats&jd=301.45

Registration is one of the big sticking points in the plight of the sex offender. Forced to put their name, address, place of work, photograph, and crimes out there for all to see and possibly use for vigilante purposes. In Wisconsin the law is detailed and lengthy. Of course we would like to see the public internet sites go away, but I do not foresee that happening, but we can try to change what kind of information is available to the public. As we all know that the convenience of that registry to the uneducated eye is all to appealing to them, but the usefulness of that registry is minimal with the sheer volume of people on it that shouldn't be.

So let's get started!

I read through this entire statute, needless to say the details are alarming. But that just gives more room to work with when trying to convince lawmakers that there are changes that need to be made that can make people safer and registrants less persecuted.

I know that a lot of people find the reading of statutes to be like going to the dentist, they dread it, it almost pains them to try to read it because of the continual references to other parts of the law to reduce redefining certain constants and exceptions in the law.

It would appear that most laws are laid out the same way, in the beginning of the statute there are definitions of the unique terms they will be using later on, exceptions and exclusions that will keep the law from applying in the same way to certain groups of people and in this case the other statutes in Wisconsin law that this statute applies to. Most of these references are in the beginning but can also be found throughout the entire statute.
301.45 Sex offender registration.
(1d)
DEFINITIONS. In this section:
(a) “Employed or carrying on a vocation” means employment
or vocational activity that is full−time or part−time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.
(am) “Found to have committed a sex offense by another jurisdiction” means any of the following:
1. Convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of a law of another state that is comparable to a sex offense.
2. Convicted or found not guilty by reason of mental disease or defect for a violation of a federal law that is comparable to a sex offense.
3. Convicted or found not guilty or not responsible by reason of mental disease or defect in the tribal court of a federally recognized American Indian tribe or band for a violation that is comparable to a sex offense.
4. Sentenced or found not guilty by reason of mental disease or defect by a court martial for a violation that is comparable to a sex offense.
(b) “Sex offense” means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim’s parent.
(c) “Student” means a person who is enrolled on a full−time or part−time basis in any public, private, or tribal educational institution, including a secondary school, a business, trade, technical or vocational school, or an institution of higher education.
As you can see the definitions are specifically defined to try to keep consistency in the law. The next section is who the law applies to, "Who Is Covered".
(1g) WHO IS COVERED. Except as provided in subs. (1m) and (1p), a person shall comply with the reporting requirements under this section if he or she meets one or more of the following criteria:
(a) Is convicted or adjudicated delinquent on or after December 25, 1993, for a sex offense.
(b)
Is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, or aftercare supervision on or after December 25, 1993, for a sex offense.
(bm)
Is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of a law of this state that is comparable to a sex offense.
(c)
Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for a sex offense.
As you can see in the very first segment of this part it lists two exceptions to who is covered. The first one being about underage sexual activity:
(1m) EXCEPTION TO REGISTRATION REQUIREMENT; UNDERAGE SEXUAL ACTIVITY. (a) A person is not required to comply with the reporting requirements under this section if all of the following apply:
1. The person meets the criteria under sub. (1g) (a) to (dd) based on any violation, or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1) or (2), 948.025, or 948.085 (2).
1g. The violation, or the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2), 948.025, or 948.085 (2) did not involve sexual intercourse, as defined in s. 948.01 (6), either by the use or threat of force or violence or with a victim under the age of 12 years.
2. At the time of the violation, or of the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2), 948.025, or 948.085 (2), the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child.
3. It is not necessary, in the interest of public protection, to require the person to comply with the reporting requirements under this section.
(b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect.
As you can see here, unless you are aged nineteen and under you can't ever be exempt from this law. A seventeen year old child is still considered a child in the state of Wisconsin, because of this a 21 year old that is dating a 17 year old can be charged with 2nd Degree Sexual Assault of a Child, be required to be a life time registrant, yet they could have been dating all through high school. Their lives effectively ruined, and in today's economy with the job market that we currently have, their contribution to their communities will never happen and instead of becoming productive members of society they now are a burden to society and the tax payer. This is a portion of the law that can be changed, by presenting the solution to lawmakers that the registration process should be on a case by case basis, that life time registration should be done ONLY on a case by case basis after close psychological examination.

So what I might propose in this part would be to eliminate mandatory lifetime registration. Set it up that the max is 15 years from the date of conviction. If the crimes are such that lifetime registration is thought to be a need then let a panel of independent psychological examiners interview and examine the offender, to determine their risk to the public. These tests are in existence and being used currently in Pre-sentence Investigations. Do any of you reading here see other places within that part of the statute that could use changes? Please post your comments.

The next exception to the "Who Is Covered" section is the following:
(1p) EXCEPTION TO REGISTRATION REQUIREMENT; PRIVACY−RELATED
OFFENSES.

(a) If a person is covered under sub. (1g) based solely on an order that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d), the person is not required to comply with the reporting requirements under this section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the conviction is expunged under s. 973.015 (2).
(b)
If a person is covered under sub. (1g) based solely on an order that was entered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938,the commitment order under s. 971.17 is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.
This section also refers only to underage offenders and offenders that are determined to have a mental disease or defect. Not much to change here unfortunately.

Moving on, to the heart of the Registry law, the "What information must be provided by whom and when" section of the law. This section is where all the money will be sunk to try to keep up with all the registrants on the list currently with more being added every day and very very few ever being taken off.

Because the next section of the Registry law is so extensive, I will be continuing it with my next posting.

Please do not be afraid to comment, give suggestions and participate. I will try to answer as many comments as I can and I do read them all. If you don't feel comfortable commenting in public, please PM me and let me know what you think. The people that lobbied for these laws to begin with were emotionally motivated by the loss of a loved one. We need to be motivate because we have lost loved ones in this system of persecution, don't be afraid to stand up, they certainly weren't when they were infringing on the rights of others, what has the sex offender group really have to lose that hasn't already been taken away?

Changing the Laws: Part 1 - Exactly what should be changed?

It would appear to me that there are a great many people that believe that the laws should be changed. They seem to agree that the laws are draconian in nature and should do more to protect from the real risks to society rather than throwing a blanket over an entire group because the type of offense is so offensive that the general public is appalled that someone would suggest that we change anything.

It is glaringly apparent that the laws as they are currently are too expensive to even try to carry out, with the tracking they expect the sheer volume of record keeping for even the most efficient office is impossible. The law enforcement agencies know this, the states know this, and it would seem that as individuals the general public sees it as well. Even some of the parents of the children that some of these laws are named after think that the laws have gone too far.

So the question remains... Where do we start in the legislative process to get the ball rolling in the right direction?

Figure out exactly what you want changed, not 'just the law' but what about that law needs to be changed. The reason is, they won't abolish it, that would be foolish, there are monsters out there that do need to be punished and then need to be treated.

Start by studying the law as it is written for your state. I will be using Wisconsin as an example because that is where I live and will be working on the laws here myself. I have to put out my disclaimer right now though. I am not a lawyer, I am not a politician, I am just a wife of a sex offender that want to make a difference for my husband, myself and others in our situation. I do not know if these suggestions will work ultimately, but I have to try.

Wisconsin Sex Offender Law Information: http://wilawlibrary.gov/topics/justi...sexassault.php
This link is to a page of all sorts of information, the statues are towards the bottom of the page.

51.375 - Honesty testing of sex offenders
http://nxt.legis.state.wi.us/nxt/gat...tats&jd=51.375
This law is about administering and utilizing a polygraph not only in treatment but in court proceedings for civil commitment. In our courts of law a polygraphy is not admissible, yet here it can be used in court proceedings that pertain to the civil commitment of the offender. I can see why they would like to use it in treatment as a tool, but not as part of a proceeding that will determine if a person is ever allowed back into society.

This is just one small example of how the laws as they are written single out the sex offender.

Educate the General Public... So the media doesn't.

The myths about sex offender recidivism rates are astounding. The public has vilified them so much that they say "if they do it once they will do it again". It was unlikely before, with the sex offender recidivism rates of about 3%, now with the increased pressure, the inability to get a job, to integrate back into the community again, and the public's complete hatred for them are only triggers for them to commit additional crime, whether it be for survival or due to stress.

I have attached the PDF of an interesting paper on the recidivism rates and how vilifying the sex offender only creates an environment that facilitates more crime.

You can find this article and many others at this site: http://www.ipt-forensics.com/library/jsocc_sl01.htm

Here is the Introduction:
Sex offenders are the most vilifies group in society. People hate and despise them and think they should be locked up for life. Other criminals consider them to abominable to associate with. They are seen as dangerous sexual predators for whom treatment won't work and who are at a high risk to reoffend. These beliefs are widespread, unsupported by facts, and have resulted in harsh laws specifically targeting sex offenders. These laws are easily passed since it is politically dangerous to take any stance other than that of being tough on sex offenders.
This is the world we live in, where people will believe everything they hear regardless if it has any basis on fact.

The conclusion:
Sex offenders are hated and reviled. Vilification of sex offenders has resulted in the passage of laws and sanctions that have broad public support, are politically advantageous to support, and give the illusion of increasing society's safety from sexual violence. But there is no evidence they fulfill this promise. The registries, notification requirements, and housing restrictions make it far harder for sex offenders to turn around their lives and succeed in society. In such cases they may become more, rather than less likely to reoffend.
This paper is a good read, has lots of information in it and a reference list to help find new material to study.

Check it out.

Introduction: Why am I trying to do this?

To be honest, five years ago I would not have thought I would be in this position, a newlywed to a sex offender. Not just a sex offender but according to this state a violent one that is considered dangerous for the rest of his life and will be required to pay a fee to register yearly, to have our address, his place of work and a photograph posted online for everyone to see. This is a list that used to only be available to law enforcement, but now can be just Goggled.

There have been vigilante action against sex offenders because of this public list, yet the general public does not see an issue with this type of behavior. In fact they condone it in some cases. Politicians use the backs of sex offenders to garnish poll points when they are campaigning, citizens buy it hook line and sinker every time, just as they would believe a magic trick they see done by Houdini.

We do not have lists for drunk drivers, murders, serial killers, armed robbers or any other violent crime perpetrators. What makes sex offenders perceived as so much worse than those other violent offenders? The politicians say it is the children and parents say it is the children. This tactic has been used by the Nazis before WWII, when they made changes they said a great deal that it was for the good of future generations, the children.

Do not get me wrong, children do need protection, that is what nature created parents for. Where are the parents in all this? Oh yes, glued to the computer screen looking up who could be living in their neighborhood that could be a sex offender. What they should be doing is spending time with their children they are to be protecting. I do realize that times have changed, most households have to have two incomes to survive, so children do not get the same physical attention as they have in decades past, but this is no reason to single out one group of offenders.