Vermont asked to take down sex offender registry

[duke]

Exactly like losing your right to own a gun, or vote, or become a police officer when convicted of any felony. What's the difference? The process is being convicted of a crime fitting into this type of punishment, the sentence is jail time plus fine plus other restrictions on your life. The evaluation was done already, by the jury or judge who decided what crime you were charged with, and if you were guilty of it. That's the evaluation - if you committed the crime, then you belong on that list.

What's the deal? It seems like you're just upset about semantics - whether the sentence is just jail time, or whether it's other things.

There is no real difference. I think those statutes should be repealed as well.

It isn't just semantics. There is an important legal principle involved. It's about protecting everyone's right to due process, even the worst among us. Even child predators should have equal rights under our Constitution.

 

[JDB]

This simply isn't true. Being required to register as a sex offender is not part of the sentence handed down by the court. It is required by state and federal statutes. You need to understand the difference.

You also should understand some of the offenses that will land someone on this registry.

For instance, the person who has a few drinks at a party and decides to streak across the lawn? That's right, Indecent Exposure. Join the Sexual Predator club for the next ten years.
And these lists are enforced retroactively in some states. Gay men convicted under outdated sodomy laws years ago are on these registries.

You know Duke no matter what anyone says you have to disagree. :truce: I juts hope no on in your family evers has to deal with this. Way back I had to Sexaul predators living on my street before they had to register. It got ugly.Now if you had a daughter would you not want to know who was near you so you could stay clear of them?

 

[Details]

Boy - murderers allowed to buy guns, drug dealers allowed to choose the president, and pedophiles able to watch their neighbors children without the mother knowing what he is - sorry, you've completely lost me there!

There's been no problem according to the Supreme Court on all these laws, they've been around forever, and they seem to agree that the due process is achieved through the trial. The important legal principle here seems to be should we be stupid or not. I'm not going for it - a pedophile or felon is not the same as my other law abiding neighbors, and they shouldn't be treated that way - I'm not going to pretend that they are. Committing a crime means you lose some of your rights. For awhile, you lose your right to decide where to live, in jail, and for other periods of time you may lose your right to privacy (parole and the registry), your right to vote, and your right to buy a gun.

 

[duke]

You know Duke no matter what anyone says you have to disagree. :truce: I juts hope no on in your family evers has to deal with this. Way back I had to Sexaul predators living on my street before they had to register. It got ugly.Now if you had a daughter would you not want to know who was near you so you could stay clear of them?

Of course I would want to know. And for the record, I think the registries are a good idea and help protect children. I'm just trying to make the point that we can punish offenders without violating rights or encroaching upon the Constitution. All too quick, because we're dealing with child predators, we are willing to ignore the underlying implications on our rights because we believe in the cause. "The end justifies the means". We cannot afford to think like this when it comes to issues that challenge due process. As much as it pains us, we must defend the rights of sex offenders with the same zeal as we would anyone else.

 

[mysteriew]

I'm afraid that I am big on victims rights. The right to live without fear. The right to move about in their own neighborhoods in safety. The right to know their children are not coming into contact with sexual offenders.
I am also concerned with my rights to the same thing.

 

[dark_shadows]

There is evaluation and process of the registry.The facts are;


[url="http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=13&Chapter=167"]Vermont Statutes

contains the rest of the following article listed below[/url]
§ 5411b. Designation of high-risk sex offender

(a) The department of corrections may evaluate a sex offender for the purpose of determining whether the offender is "high-risk" as defined in section 5401 of this title. The designation of high-risk under this section is for the purpose of identifying an offender as one who should be subject to increased public access to his or her status as a sex offender and related information, including internet access.

(b) After notice and an opportunity to be heard, a sex offender who is designated as high-risk shall have the right to appeal de novo to the superior court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.

(c) The department of corrections shall adopt rules for the administration of this section. The department of corrections shall not implement this section prior to the adoption of such rules.

(d) The department of corrections shall identify those sex offenders under the supervision of the department as of the date of passage of this act who are high-risk and shall designate them as such no later than September 1, 2005. (Added 2003, No. 157 (Adj. Sess.), § 8, eff. March 1, 2005; amended 2005, No. 83, § 16.)

§ 5412. Active community notification by the department of public safety, the department of corrections, and local law enforcement; immunity

(a) The department, the department of corrections, any authorized local law enforcement agency, and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, provided that the agencies complied with the rules adopted pursuant to this subchapter.

(b) The department, the department of corrections, and any authorized local law enforcement agency are authorized to notify members of the public who are likely to encounter a sex offender who poses a danger under circumstances that are not enumerated in this subchapter.

(c) Notification of the community beyond those persons likely to encounter a sex offender shall be authorized only under circumstances which constitute a compelling risk to public safety and only after consultation with the Vermont crime information center and the department of corrections.

(d) Active community notification regarding registered sex offenders who may pose a danger to members of the community is an important public safety tool which the general assembly intends for authorized agencies to use at their discretion in accordance with this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2003, No. 157 (Adj. Sess.), § 9; 2005, No. 83, § 14.)


sentence conditions

 

[dark_shadows]

New York

Registered sex offenders in New York are classified by the risk of reoffense. A court determines whether an offender is a level 1 (low risk), 2 (moderate risk) or 3 (high risk). The court also determines whether an offender should be given the designation of a sexual predator, sexually violent offender or predicate sex offender. Offenders are required to be registered for 20 years or life. Level 1 offenders with no designation must register for twenty years. Level 1 offenders with a designation, as well as level 2 and level 3 offenders regardless of whether they have a designation must register for life.

There are 4 ways to obtain information about sex offenders in New York State:​

1. You can call 1-800-262-3257 to determine if someone is on the Registry. You will need the name of the offender and one of the following: an exact address, a complete date of birth, a driver's license number or a social security number. Read more on the 800 Information line.





​

2. You can access the Subdirectory of Level 3 Sex Offenders on this web site by clicking on the "Search for Level 3 Sex Offenders" button. You can search for level 3 offenders by name, county or zip code. Please note that a federal court injunction currently prohibits the release of information on this web site concerning sex offenders who committed their crime prior to January 21, 1996 and were assigned a risk level prior to January 1, 2000.

3. The local law enforcement agency where the offender currently resides, can, if it chooses, release information on sex offenders residing in the community to "entities with vulnerable populations related to the nature of the offense". The law enforcement agency can only release information on level 2 and level 3 offenders through this method. Also, while the exact address of level 3 offenders can be provided, the law provides that only an approximate address based on zip code can be provided for level 2 offenders. Please note that a federal court injunction currently prohibits the release of information through this method concerning sex offenders who committed their crime prior to January 21, 1996 and were assigned a risk level prior to January 1, 2000.​

4. Each local law enforcement agency receives from the New York State Division of Criminal Justice Services a copy (electronically or on a CD ROM) of the Subdirectory of Level 3 Sex Offenders which is maintained on this site . Local law enforcement is required to maintain the Subdirectory for the public to view upon request.​

​

http://criminaljustice.state.ny.us/nsor/claws.htm]New York ​

​

​

 

[dark_shadows]

Michigan


1. Does everyone who has ever been convicted of a sex crime have to register in Michigan?



No. Only those offenders who were convicted of a listed offense on or after October 1, 1995, or those persons who were convicted prior to that date and were still under the supervision of the Michigan Department of Corrections for a listed offense on October 1, 1995, must be registered. In addition, any person required to register or registered in another state that moves to Michigan must be registered.

 

[dark_shadows]

Here is Ohio;
Ohio
In the State of Ohio convicted sex offenders must register with the County Sheriff of the county of residence address within seven days. The registry was established pursuant to 2950.01 to 2950.14 of the Ohio Revised Code. Every person convicted on or after July 1, 1997, including juveniles tried and convicted in the courts pursuant to ORC 2950.03, whether sentenced as adults or juveniles, of a offense for which registration is required shall be required as a part of the sentence imposed upon conviction to register and re-register with the County Sheriff of the residency County as provided in ORC 2950.04.

 

[Jeana (DP)]

You know what they say . . . you can lead a horse to water . . .

What can I say? I know what I know and that's all that I know.

 

[Valinda]

Can't we just remove the wacko killers?

What a great idea!

 

[duke]

dark_shadows,

I've already stated that offenders are classified by risk and that the law is applied retroactively only in some states. They are not evaluated to determine whether or not they should be placed on the list to begin with.

The requirement to register is not part of the sentence handed down from the court. It is automatically applied based on the offense and conviction. The judge does not write the sentence as "10 years in prison plus 10 years on the registry". Moreover, the code you cite would not account for offenders who have moved into Ohio following a conviction in another state.

 

[Jeana (DP)]

dark_shadows,

I've already stated that offenders are classified by risk and that the law is applied retroactively only in some states. They are not evaluated to determine whether or not they should be placed on the list to begin with.

The requirement to register is not part of the sentence handed down from the court. It is automatically applied based on the offense and conviction. The judge does not write the sentence as "10 years in prison plus 10 years on the registry". Moreover, the code you cite would not account for offenders who have moved into Ohio following a conviction in another state.

The Judge says ____ years AND you MUST register as a sex offender. The defendant can petition for the amount of time he/she must remain on the list at a later time.

 

[duke]

The Judge says ____ years AND you MUST register as a sex offender. The defendant can petition for the amount of time he/she must remain on the list at a later time.

In most states, judges have a duty to notify the offender of their reporting requirement at their sentencing hearing. It is a notification, not an imposition. The sentencing judge does not have that discretion.

 

[Jeana (DP)]

In most states, judges have a duty to notify the offender of their reporting requirement at their sentencing hearing. It is a notification, not an imposition. The sentencing judge does not have that discretion.

Nope. I don't think so. . .

 

[dark_shadows]

From the link;

In addition, all persons convicted of violations under the laws of the United States or any other State substantially similar to an offense for which registration is required shall provide to the local agency all necessary information for inclusion with an Ohio County Sheriff within seven days of establishing a residence with the Ohio County. Any person required to register shall also be required to re-register within seven days following any change of residence, whether within the County or any other County. Otterbein College Security, while not law enforcement certified, maintains a web link with the Franklin and Delaware County Sheriff's web pages for Registered Sex Offenders. Both web pages have information by zip code for registered sex offenders within Franklin and Delaware Counties. Westerville zip codes are 43081 and 43082.

 

[dark_shadows]

(C) A person who takes up residence within this state, other than within a correctional facility, and who has been convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court, for a sex crime the elements of which would constitute a crime under subdivision (10)(A) or (B) of this section if committed in this state.
(D) A nonresident sex offender who crosses into Vermont and who is employed, carries on a vocation, or is a student.

(11) "Sexually violent offense" means

If a person moves to another state if that state has a registration.They still have to register with that states law enforcement agency;
(1) inform the sex offender of the duty to register and keep the registration current as provided in section 5407 of this title;

(2) inform the sex offender that if the sex offender changes residence to another state, the sex offender shall notify the department of the new address and shall also register with the designated law enforcement agency in the new state not later than three days after establishing residence in the new state, if the new state has a registration requirement;

(3) require the sex offender to read and sign a form stating that the duty of the sex offender to register under this section has been explained and is understood. The registration form shall be sent to the department without delay; and

(4) inform the sex offender that if he or she crosses into another state for purposes of employment, carrying on a vocation, or being a student, the sex offender must notify the department of the new address, and shall register with the designated law enforcement agency in the other state, if the other state has a registration requirement. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 6, eff. Sept. 1, 2001.)

 

[duke]

dark shadows,


What is it you're trying to prove with these posts? No where in them does it state that the offender is evaluated after conviction to determine whether he should be on the registry.

 

[Details]

More due process than the Constitution or Supreme Court requires for known, convicted pedophiles, absolutely no due process for a guy who is merely suspected of theft? This just doesn't make sense.

 

[duke]

More due process than the Constitution or Supreme Court requires for known, convicted pedophiles, absolutely no due process for a guy who is merely suspected of theft? This just doesn't make sense.

Read the posts again. At no point did I say Jude was not entitled to due process. In fact, I agreed that what the cops did was wrong. Everyone deserves equal treatment under the law.