Wednesday, July 21, 2010

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

301.45 - Sex Offender Registration

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.

(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.

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