Duluth.Talk

By Michael H. Smith

June 30, 2006 12:15 PM | Link to this

It says something about us that I don’t like. It says that we pass laws casually without fully considering the ramifications or consequences….

Surely, we as citizens can’t be as lazy as our politicians.

Oooooh yeah?!

Watch the voter turnout this election, see how many people will actually go vote.

The lazy people who never research and study the issues in depth, only P’ and moan, never try to find answers, choose to not to cast their ballot’s in apathy are electing these lazy politicians. Apparently we truly are a Representative Republic after all – a very, very, well represented one at that.

On your last blog how many comments did you get? What, ten maybe? How many people had one reasoned line of thought, one limp excuse for a suggestion, on how healthcare can better serve a nation of people?

Guess that explains why, the laundry list of serious problems this country is now facing remains on the table?

Energy

Healthcare

Security

Immigration

Economy

Education

Trade

Deficits

Taxes

I don’t like what this says either Mr. Allen.

By disillusion1998

June 30, 2006 02:16 PM | Link to this

I am more astounded and shocked every day by the number of “decent” Americans who blindly support these kinds of laws. We have lost our little minds in this country with regard to “sex offender” laws. And if you talk to the people that support these laws it is completely shocking how ignorant of the facts they are. They just haven’t the first clue. They have to wait to be given their opinion by some lying Georgia politician (like Jerry Keen), Nancy Grace, or Geraldo Rivera. They wouldn’t acknowledge the facts if they hit them between the eyes.

What the Georgia politicians did is heinous. And you give them far too much credit for just being lazy because they knew the facts and they passed this law in the direct face of them. There is no question or debate over whether banishment zones are useful or not. They are even worse than just worthless, they are counter-productive. No rational, objective, informed people are even debating this.

But the Georgia politicians are so immoral that they would rather pander to the ignorant masses than actually do something about reducing sexual offenses. They have done almost nothing at all to prevent or reduce sexual offenses. Instead they focus on reactive, after-the-fact, illogically harsh punishment and retroactive harassment of people on that God-forsaken, worthless Registry. Then the masses all feel better. Georgia’s politicians are repeating this year after year after year, for at least the past four years.

This is a part of America that history will not regard kindly. It’s a disgrace and it seems to be getting worse.

By James

June 30, 2006 04:41 PM | Link to this

Seems to me like people demanded a public database so they could “stay informed” of the whereabouts of sex offenders. They got what they wanted …and found out how many and how close they really were. Do they feel safer now? No, they want more laws pushing everyone on the list “out of MY neighborhood”. How does anyone rationalize adding punishment for a crime….years after the original punishment was finished?

By John Wilson

June 30, 2006 05:26 PM | Link to this

I agree with your comments on sex offender laws there seems to be no research and no consideration on what the real problems are . There seems to be a large amount of lying going. To say it is OK to destroy peoples lives knowing you may be in error is not what America is about. As a tax Payer I expect my government to perform research and find out the facts then use this process along with professionals in the field of sex crimes to solve the issues.

By Kyle Sandusky

June 30, 2006 05:49 PM | Link to this

The original intent of sex offender registry and community notification laws were designed for law enforcement to track the most violent and predatory offenders. This bill authored by Rep. Keen and signed by Gov. Perdue, does little to distinguish a predatory offender from a one time intra-familial offender. The result summed up in six words is; Georgia’s children will be less safe.

According to the Jacob Wetterling Foundation, most sex offenders live in an area due to its proximity to their family or therapy provider. Chasing them away from therapist and family support network is not in the best interest of public safety. They go on to say, sex offenders are less likely to re-offend if they live and work in an environment free of harassment.

The public needs to be more concerned about high-risk sex offenders and absconders, not the low risk offenders who are working hard to comply with their probation and therapy guidelines or who have paid their debt to society and are on the Sex Offender Registry by law. Because law enforcement has to spend precious resources tracking low risk offenders, instead of high-risk absconders, two girls, and a young woman have lost their lives.

Under HB1059, an offender on life support in a nursing home, or an Alzheimer’s patient who forgets to register will face 10 to 30 years in jail. How in the world can anyone think this will make children safer?

Roughly, 90 persons (out of 100) who are deemed low risk of re-offence must register (some for life) as a sex offender. Mr. Keen wants to protect Georgia’s children from sexual predators, but he does not care that according to the U.S. Dept. of Justice, Bureau of Justice Statistics, predators represent less than one percent of folks on the registry. What has not been publicly discussed is the impact of registration on those 90% of registrants and specifically their families and children - many times (DOJ stats show 40%), the offender is a child, and the victim is a younger sibling. These victims are doubly victimized when their family or older sibling is humiliated and ostracized.

Children who are forced to move over and over due to harassment at school each time a fellow student’s parent sends to school a stack of flyers of Daddy’s or brother’s SOR listing (though illegal in most states it is seldom prosecuted). There are countless stories of children beat up at school after school, and losing all social support structure that is so crucial for healthy development. Does this sound like a one time inconvenience to you?

How can anyone look into the eyes of a child and tell them that they somehow deserve to be homeless, harassed, beaten, humiliated, stigmatized, and made a pariah for the remote chance at saving some other child? Whose children are worthy? Only those of others? On the other hand, do the children of registrants even count? According to Mr. Keen, they do not.

The SOhopeful International web site brings to our attention the plight registered sex offenders children or siblings must face. “Children cry themselves to sleep at night knowing that Daddy has to sleep in his car at a rest stop in below zero temperatures because some politician decided that even though Daddy’s therapists deemed him no threat to any children, Daddy can’t live at home.

Children who are forced to move over and over due to harassment at school each time a fellow student’s parent sends to school a stack of flyers of Daddy’s or brother’s SOR listing (this is illegal in Gerogia) and gets beat up at school after school, losing all social support structure that is so crucial for healthy development.

How can you look into the eyes of a child and tell them that they somehow deserve to be homeless, harassed, beaten, humiliated, stigmatized and made a pariah for the remote chance at saving some other child? Whose children are worthy? Only those of others? Or do the children of registrants even count?”

We must have more faith in ourselves than in government to solve the sex abuse problem. Citizens, communities, journalist, media personalities, and legislators should demand a National Sex Offender Public Policy Forum to address these issues. This would help state and local governments formulate workable, cost effective laws that protect the rights of all citizens. Forums should include mental health professionals, jurist, law enforcement and corrections personnel, victims and their families, offenders and their families. The offender’s families are secondary casualties of ill-conceived laws.

In lieu of fostering a fearful witch-hunt mentality for election year sound bites, legislators should step up to this societal challenge. They should strive to dispel the myths and create the environment for policy and subsequent legislation to succeed, creating a safe society for all children.

By Robert Green

June 30, 2006 07:22 PM | Link to this

I agree with your comments and the new law places many people at harm . Is there no way to hold government officials accountable for there actions.

By Joe Evers

June 30, 2006 08:32 PM | Link to this

If people want to keep their children safe from sex offenders, their first step should be to tell the politicians to stay out of it and dump the ones to don’t. With the one exception of the registry, every law that has been passed has been useless at best and most are counterproductive. Even the registry is only useful for law enforcement purposes.

Banishment zones don’t work. First of all, we live in a mobile society people. If an offender wants to offend again (and the vast majority of them don’t) all he has to do is hop in his carand go wherever he wants (duh!). On top of that, forcing offenders to keep moving and losing jobs brings instability to their lives and increases the chances of recidivism because of this. This holds true for all offenders not just sex offenders. So Mr. Legislator, please tell me how creating these zones is making our children safer.

Next, long prison terms, looks good on paper but any therapist worth his salt will tell you that long prison terms are counterproductive to rehabilitation. The best sentence is a short prison term with a long probation period. This gets the offender into treatment while providing for close monitoring. If the offender works the program all fine and good. If the offender does not work the program you can always send him back to prison. So Mr. legislator, if long prison terms increase the chance of recidivism, how is this keeping our children safe?

The bottom line Mr. legislator is that this is an election year isn’t it and for the poor uninformed masses sex offenders are easy targets aren’t they? Well you low life you had all of these facts. You knew what happened with the banishmnet zones in Iowa Where the county attorneys are now begging for their repeal. You knew that you were making the public FEEL safe with these laws but you also knew that you were making Georgia’s children LESS safe by passing them. You had the facts from therapists, child advocacy groups, the Sheriffs Association and the state of Iowa and you chose to ignore them just to garner votes. We see you touting this every day in your campaign ads. Well, I for one hope every one of your worthless butts gets kicked come November.

By penguinmom

June 30, 2006 11:13 PM | Link to this

I think some sexual offenses should have a time limit that they are on the sexual predators list. Statutory rape cases and some cases of exposing oneself (like the urinating in the woods) should have a maximum amount of time they are required to report their whereabouts. If there have been no new offenses, their names should drop off the list and they can go on to lead a quiet, normal life. Just because a young man couldn’t wait to consummate his relationship with his younger girlfriend, he should not be consigned to a life of not seeing his kid play Little League or helping out in his church’s children’s programs.

As a parent, I’m terribly concerned this law will drive true sexual predators to live ‘under the radar’ and put more children at risk.

By Michael H. Smith

June 30, 2006 11:48 PM | Link to this

I’ve read the comments, well mostly complaints. A few comments have at least attempted to broach this issue, in particular those from Kyle Sandusky. Incidental to his next to the last paragraph: definitely, “We must have more faith in ourselves than in government to solve the sex abuse problem” – any problem per se — and demand Forum to address these issues, is here demanded of us.

As some people, even some politicians would have it, sex offenders should be locked-up for life and the keys thrown away. This is certainly a feel-good-notion more than a few would ink into law. Is this guarantee of “no repeat offenders” to an outside so-deemed civilized society particle, if at all doable?

Should sex offenders face possible capital punishment where a murder doesn’t occur?

In re this comment:

People commit heinous of crimes, acts so despicable and vile that they make us physically ill. Yes, we need to do something to protect our children and our citizens from those people. There is a special place in hell for them, and I don’t mind giving them a head start. Bill Allen

Since banishment zones are virtually unenforceable what acceptable alternatives can be offered in law to address the genuine safety concerns held by society?

At the heart of this issue lies behavioral problems; is it possible to separate the stigma of sex from underlying problems that so often produces the sex offenders?

Can sex offenders rehabilitate?

By D

July 1, 2006 02:03 AM | Link to this

A couple things need to be addressed. First, what do we consider a sexual crime? Why is a 17 year old doing what 17 year olds do a sexual deviant that needs to be monitered for the rest of his life? When the state raised the age of conscent from 14 to 16 a few years ago, I remember thinking how stupid that was. Kids today are trying to act more mature, and criminalizing them for following their hormones isn’t something the state needs to be messing with. Honestly, I doubt many if any of the “victims” of statutary rape actually made the complaint. More often than not, it’s a parent realizing that their daughter isn’t as innocent as they had thought or hoped. Let’s get the non-violent offenders off the registry, and don’t worry about banishing them. If they’ve served their time, don’t continue to punish them.

By ohara

July 1, 2006 03:56 AM | Link to this

When people hear the same story over and over it begins to have the ring of truth. Underneath it is still a myth but people will argue that it is fact. Myths about sex offenders have caused coast-to-coast hysteria and created a rash of unworkable laws. The state of Georgia is a prime example.

The public has become rabid and the mob mentality has spread to encompass the nation. Out of fear of what may happen to the children these citizens ruthlessly destroy thousands of families including children. This over reaction is a case of the cure being worse than the problem. The sad part is that is isn’t a cure at all.

Everyone from the highest official to the person on the street say that sex offenders can’t be cured. Law enforcement, the people who should really know the facts, is caught up in this feeding frenzy. This isn’t happening in their district but it must be happening somewhere. Otherwise, there wouldn’t be so much attention on the issue.

There are more than 500,000 registered sex offenders in the United States. If they acted the way you think they act our world would be in chaos. It isn’t happening.

A 1994 study by the Department of Justice tracked 9,691 sex offenders for 3 years after leaving prison. The result was a recidivism rate of 5.3%. This means that out of 100 arrests for sex crimes an average of 5 will have a previous record.

The study also included 272,111 prisoners from the general population. Within the same 3-year period the recidivism rate was 67.5 %. Out of arrests for felonies and serious misdemeanors more than 65 will have a previous record. More than two-thirds of the male population released back into the community will continue to rob, mug, burglarize, car jack, deal drugs and terrorize society.

Not all sex offenders are child molesters. Of the 5.3% who recidivated a mere 3.3% were child molesters. The report states “Sex offenders are less likely than non-sex offenders to be arrested for another crime.

We don’t want another Jessica Lunsford but keep in mind that such incidents are extremely rare. Reports continue to dominate the news that a registered sex offender killed this child. However, there has been no trial and no conviction.

We don’t want another Carley Bruscia but convicted murderer Joseph Smith was not a sex offender. A fanatical public tends to overlook that fact.

Anyone with access to the sex offender registry also has access to the report, which I have laid out above. Please educate yourself at www.ojp.usdoj.gov/bjs/crimoff.htm#recidivism

The truth is that we all must live somewhere. We must all send our children to school. All children should enjoy the church, the parks and the pools. Before you further destroy innocent children and other family members, arm yourself with the knowledge from an unbiased source. Once that is done you must have the courage to do what is right.

www.sosen.org

By David H.

July 1, 2006 05:19 AM | Link to this

This is all reminiscent of the hysteria and witchhunts of the McCarthy era. The turning point came when Joseph Welsh addressed McCarthy in a Senate hearing: “Have you no sense of decency, sir, at long last? Have you left no sense of decency?”

That same question may now be asked of Georgia politicians and indeed, the people of Georgia.

This is all being done in the name of protecting children. Of course, these laws do no such thing, quite the opposite. This is all about political power. Another politician of the last century knew how to use the powerful tools of hysteria and children. He wrote: “The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.” (Adolf Hitler ~ Mein Kampf)

Unfortunately, this court action does not even address the fact that most offenders will have to quit their jobs because they are in prohibited zones. With no money to pay their mortgages or their rent, they will lose their homes anyway. Without any economic resources they also will not be able to hire attorneys and fight back.

By Norma Blum

July 1, 2006 08:29 AM | Link to this

Dear Mr. Allen. I couldn’t agree with you more and have friends who agree too. My question is WHAT CAN WE DO? I was so happy to read your article as it states exacly how I feel. I would love to meet with you or please e-mail me to see what we can get together. This is so awful and is ruining many lives. Bless you for being interested.

By marydoogan

July 1, 2006 09:12 AM | Link to this

Not just McCarthyism, but Nazi Germany, Civil rights in the 60s and gays in the later years. If you read any article from any of those decades and all you have to do is substitute the word Sex Offender/Predator, for gay, black, communist, etc. They are vilifing and dehumanizing FORMER Offender/Predators and lieing to the public that ALL are the same. As someone pointed out, what does a 17 year old doing what 17 year olds do, need to be cured of?

Unfortunately people are also being erroneously labeled PREDATOR and some states are trying to get ALL former offenders labeled predator (predator carries notification, offender doesn’t necessarily carry notification in some states.)

People, this is a slippery slope, if you (joe public) allows SOs/SPs to become the hated class, who is next?

By Law Man

July 1, 2006 10:46 AM | Link to this

Allen’s remark about how “prison rehabilitates” established the idiotic tone of his whine from the start. Then, he went downhill as he advocates cutting deviants, exhibitioinsts and goat-boys a break.

Of course, such ‘thinking’ found sympathetic ears as the pedophiles, liberals and closet perverts formed an amen corner.

For the information of the Apparently Ignorant, under the basic theory that sex with children (unable to give informed consent) is wrong, statutory rape IS a crime.

Criminal always rationalize.

ACLU-types always coddle.

By Law abiding citizen

July 1, 2006 11:07 AM | Link to this

Law-Man, I bet your closet has nothing gray in it, only black and white. I am not a pedophile, liberal or a closet pervert. I am a mother of 5 children who has common sense and is able to think rationally and I agree that this law has gone to far and will rip too many families apart without even coming close to “protecting the children”. The law a few years ago where they were forced to move if they were too close to a daycare, school, etc., was fair and I think when it was enforced they were all very careful about where they moved to but the bus stop think is stupid because bus stops move at the will of the parents and the bus drivers. If you check all of the cases of the registered offenders I wonder how many of them found their victims at bus stops? What about dope dealers who are out of jail. When are we going to worry about them selling dope to the children at a bus stop. Most bus stops that are not in front of a childs house are at the end of a street where several children wait together. I think it is easier for the dope dealers to approach a child when they are in a group than a sexual predator. Why aren’t we punishing them for the rest of their lives too. I’m not suggesting that we do, I’m using this as an example of what a witch hunt this is turning into. I wish I had been more aware of this laws being considered before it was passed. I read the paper every day and the only time I read about it was the day before the vote. Does anyone else remember being aware of this before it passed? Does anyone else feel this was pushed through to fast without thinking it through??????

By Kyle

July 1, 2006 11:07 AM | Link to this

What is the difference between Jerry Burke Inman, John Evander Couey or Joseph Edward Duncan III and over 90 percent of the folks on a Sex Offender Registry? Two words, RISK LEVEL.

Folks, it is time for some common sense. A five-tiered risk level system separates risk in an understandable manner. It allows offenders to earn the right to return to society. It makes enforcement more efficient and community notification more logical. It allows jurist to consider the merits of each individual case (there are false accusations – an estimate by the American Psychological Association says up to 50 percent in disputed child custody cases) and rule appropriately. Additionally, parents will know how safe their neighborhoods are and better able to educate their children on who to avoid. (Notice the onus is on parents, not government, or the media.) The following are a description of my proposed risk levels:

NO-RISK - someone who has completed their sentence and therapy successfully, had no technical violations, and is waiting for the required time on the statue to expire. Not required to be on Registry or included in banned locations or proximity laws.

LOW-RISK - someone who is on probation, or parole, or been released, with a single count non-aggravated charge and intra-familial victim, is in good standing in therapy, no failed polygraphs, and no technical violations for two years. Not required to be on Registry or included in banned locations or proximity laws.

MEDIUM-RISK - someone who is on probation, or parole, has passed polygraphs, but continue to exhibit red flags to therapist, or someone who has had a technical violation within the past two years, or someone who has been granted probation or released from prison with a non-aggravated charge and intra-familial victim. Must pass two polygraphs per year. May be required to wear GPS monitor if deemed a higher risk to re-offend based on assessment tests, can be removed from GPS when determined risk level is lowered to LOW-RISK. Is on Registry and included in banned locations until risk level is lowered. Primary level for offenders entering the system, allows for lowering based on initial psychological assessment.

HIGH-RISK - someone on probation, or parole or someone who is just being released from prison with aggravated charges, has red flags to therapist, and has had an extra-familial victim or multiple victims. Required to wear a GPS monitor until risk level is determined to be LOW-RISK. Must pass three polygraphs per year, is on Registry, and included in banned locations for up to 15 years after successful completion of therapy.

PREDATOR - someone convicted with multiple victims, or someone who is not responding to therapy, or has exhibited themselves to be a danger to society or has had a second offense. The predator is put in civil commitment until they prove they are no longer a threat. Predator is required to wear a GPS monitor if released. Must pass four polygraphs per year, is on Registry, and included in banned locations for life.

Sex offenders can be rehabilitated, it is not easy, and the commitment must come from deep within the offender. The implementation of this five-tiered risk level system would serve the interest of the victim, and society as well as the offender. It provides a motivational tool for the offender. Finally, it conserves government resources and places taxpayers back into society sooner. At the end of the day, it is win – win for society.

groups.yahoo.com/group/so_solutions

By Michael H. Smith

July 1, 2006 11:08 AM | Link to this

Now some head way is being made. Hopefully some state legislators drop in on this blog. Comments are making things clearer for them.

First the law as stands is too broad and capricious. Does injustice in failing to clearly define what is seen as bad behavior to what is truly predatory behavior.

Second the “just lock them all up and throw away the key” mentality isn’t an answer. The consensus so far clearly believes some sex offenders can rehabilitate and should be reinstated into society to lead a productive life without a public stigma attached.

So how dear people do we get the few truly rotten bad predatory apples out of the proverbial societal barrel? And keep them out?

If we can’t answer this question (not simply restating reams of data) then Mr. Allen may have his answer. Society is too lazy, or down right scared, to confront and deal with this problem sanely.

Our over reactive Legislators have acted based on what they are hearing. Give them something else to listen to, no doubt this law should be revisited and revised. Else we will unjustly create more predators than we will rightly eliminate from society.

By Michael H. Smith

July 1, 2006 11:21 AM | Link to this

You’re on top of this thing Kyle.

By David H.

July 1, 2006 12:26 PM | Link to this

A tiered risk classification system is definitely what is needed. Of course, we have known this for years. Many states originally enacted such systems. Unfortunately, the fear mongering is forcing these states to gradually abandon them. Things are not gettting better. They are getting worse.

By John

July 1, 2006 06:20 PM | Link to this

I’m so happy to see where this blog is going. I was looking deep inside and thinking what should I expect if I had done something like this. I’ve been taught to always put myself in someones shoes. I know that if I were to kill someone, that I could be put to death. I know how it feels to be stolen from and I do not steal. I think people need a second chance, even a sex offender.

I like the five tier system idea. I like the fact that people can be graduated back and get their rights. For most crimes, there is no rehab in prison, they come out with the same ideas as they went in. Sex offenders need counciling and if they don’t resond, things get tougher for them. I think that is justice.

Tearing apart familes and support systems is a horrible thing. I think those are parts of a SO’s life they enables them to offend. They have nothing else to live for, or have desires to act out becasue they need something thats missing from their life. Hopefully, probation programs promote the SO in such a way that they understands the impact they have on others’ life.

I’ve seen an awefully slippery slope in the last seven years. From the institution of the sex list (which I support, and I think SO’s do too) and the penalties for non-compliance ranging from a fine (misdemeanor) to 15 years in prison. Now we’re telling them where they can’t live. How unconsitutional is that? IF they are allowed in society then they should be at liberty. I don’t agree with local ordinances (like in Florida) banning where they can live after they are off probation. That’s just ludicrous. Keep them on the list, make them move at the whim of where we put a school or park. They will be on the run for the duration of their registration.

Nice. When they have paid their debt, they should be allowed to live their life, with the registration requirement. We should be beeter parents (I have six) and protect our children. I don’t think a determined sex offender will let 1,000 or 100,000 feet stand between them and another victim. If they have a single offense, they get another chance. One more, you are gone, for a long time. This is what civil commitment is for.

This and other laws treat them all as predators. Sure it makes new offenders think twice, but what about the ones who offended when the penalties were much more reduced? If I did something wrong and knew I could get 5 years probation I could gmable and do it. Now, on that same offense I have gotten a registration requirement, a restriction on where I live, probably impossible to find a job, and forget about a life. Sorry, but this screams like double jeopardy to me.

John

By Bob White

July 1, 2006 09:12 PM | Link to this

I would like to first say that I am in support of most of the laws for sex offenders. However the problem is that there is nothing in the current or upcoming July 1st “New Law” that seperates the actuall real sex offender from the person that was accused of touching a child one time or the person that spanked a child.

The law just puts everyone in the same melting pot and everyone looses. We should be demanding that we have access to correct information on the GBI web site.

Bob

By Louise

July 2, 2006 12:15 PM | Link to this

Thank you for this article! Finally there is a voice of reason! Everyone agrees that our children need and deserve protection from violent predators, those same people need to realize that only a very small minority of sex offenders are categorized as violent predators. According to the US Department of Justice most sexual abuse occurs in the home by a family memeber or someone close to the family zone and most sexual abuse occurs at the hand of someone who is NOT forced to register as an offender because they have not committed a previous crime. Therefore our focus needs to be shifted, as parents we need to assume responsibility for our childrens safety by observing our families and friends, teachers, coaches, and so on for inappropriate behavior. Restricting where those forced to register as sex offenders does nothing to protect our kids and in fact hurts the family members, including children. Restricting movements of those forced to register defies the studies done by the US Department of Justice and other groups that say only a small amount of those convicted of a sex crime ever re-offend at 3.5%. Yes, let’s protect our children, but let’s get it right so that our kids are protected!

By creepers

July 2, 2006 12:26 PM | Link to this

Another politician of the last century knew how to use the powerful tools of hysteria and children. He wrote: “The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.” (Adolf Hitler ~ Mein Kampf)

By creepers

July 2, 2006 12:37 PM | Link to this

Edward R. Murrow is back in the nick of time, just when we need him the most.

“Good Night and Good Luck” is a feature film account of Murrow’s 1953 and 1954 “See It Now” broadcasts assailing Sen. Joseph McCarthy during the nation’s anti-Communist hysteria.

From the moment in a 1950 speech when McCarthy waved his infamous (and never-identified) “list of 205 Communists working in the State Department,” the senator exploited the country’s Cold War paranoia, relentlessly pursuing those he deemed Communist sympathizers. (San Fransico Chronicle, 10/8/05).

We are once again at this point, blacklisting the American known as the sexual offender. The collective “we” have allowed politicians to exploit our most vulnerable fear, the safety of our children, for personal political advantage. We are all responsible for allowing hysteria driven legislation, at the city, state, and federal level, to remain unchecked due to the manipulation of our emotional bonds to our children by politicians.

Journalists have not asked the hard-nosed questions and have not informed or educated the public about the relative ease of how one becomes an offender. This perpetuates the myth that all offenders are child molesters. The majority of offenders registered have been “convicted” of poor behavior choice offenses which involve no victim-teenage consensual sex, public urination, online “chat” with undercover police officers. Most charged persons lack adequate funding for a legal defense to fight such charges and deplete their personal funds at the median figure of $15,000. The resulting plea bargain is followed by automatic sexual offender registration as decreed by Florida Statute 943.0436 . Our politicians have even legislated judicial discretion, the power of a judge to impose a fair and just sentence. Registration is for life or 20 years, whatever comes first and permeates every aspect of the registrant’s life. I challenge journalists to stop editorializing about offenders and investigate the truth.

Politicians run unchecked with this issue, due to guaranteed press coverage and easy votes. Off the record, many politicians will admit their discomfort with these laws….but to do so publicly will result in political suicide. State Representative David Simmons of Longwood, Florida reflects this attitude quite blatantly with his comment regarding yet further proposed residency restriction proposals at the state level, “Who’s (going) to complain?” (Florida Today, 10/9/05). Although a group of Americans and their families are being blacklisted, banished, and segregated, our politicians will not come forward to their constitutuents with the truth.

Voters have not demanded the truth from their elected representatives and have allowed politicians to legislate the safety of our children. Parents, that is your responsibility, not the federal government. Should your family endorse the registry, demand your politicians restructure the registry to reflect a tier level system of risk instead of “lumping” all offenders into one pot. Give them “permission” to revamp a law originally passed with only good intentions.

Should an offender live in your neighborhood, I challenge residents to educate yourself regarding the offense of your neighbor by obtaining a police report. The offender registry does not reflect the true nature of the conviction and is often, simply incorrect. Once educated with the real facts, only then are you and your family truly “notified” as the law originally intended.

As Edward R. Murrow indicated in his famous October 15, 1958 “Wires and Lights” speech regarding the duty of broadcast journalism to inform and educate the public, “There is a great and perhaps decisive battle to be fought against ignorance, intolerance and indifference….We must not confuse dissent with disloyalty.” It is our duty to question authority because without scrutiny, authority remains unchecked and corrupt.

By katie

July 3, 2006 06:10 AM | Link to this

The law is stupid. You can’t live/work within 1,000 ft of any place children congregate but you can live right next door to a child.. Hmmmm, think about that poeple—makes a lot of sense. Typical backwards Georgia to think of something so dumb. Things should have been left the way they were.

By dc

July 3, 2006 06:56 PM | Link to this

Hi, Thank you for bringing this issue to light. Over 2 years ago I was convicted of a felony in PA for consensually photographing a fully-dressed, 17-year old woman licking a popsicle “in a suggestive manner” during a photo shoot. Yes, that is correct! Now, much to my dismay, I find myself on GA’s sex offender registratin list. While this may seem ludicrous and hardly the actions of a “heinous” criminal, it acutally happened. As a result, if the new law passes, I will be forced to leave my home, family, career, and venture into the wildernesss. My “crime” was in no way violent nor threatening. When I interviewed with the sex offender board in PA, they laughed during the interview process, stating that they had never seen anyone arrested, much less convicted of such a crime. Due to GA’s registration requirements, I am not lumped into the same category as all other offender’s. Zero distinction is made between “consensual, non-violent mistakes” and “dangerous, predatory, repeat criminals.” The punishment in no way fits the crime, but I suppose GA feels that such actions are far worse than murder.

I am an honest business owner, family man, and tax payer in the state of GA. This is beyond unbelievable!

By dc

July 3, 2006 07:09 PM | Link to this

Pardon, I meant to say that “I am NOW lumped into the same category as all offenders.” How can this be happening in 2006? Oddly enough, if an criminal were to sell heroin at an elementary school or break into your home and put a gun to your head, the perpetrator would be free to walk the streets the day they walked out of prison. No lists and no restrictions would ever be imposed whatsoever. This sex offender law is impossiby absurd!

By Dan

July 3, 2006 10:02 PM | Link to this

As one who has been a Christian and a conservative for many years, I am embarrassed at how Georgia Republicans acted like liberals with this sex offender legislation. Conservatism is based on fact and rationale thought. Liberalism is based on mythology and emotion. This sex offender bill is a product of pure mythology and emotion.

Legislators are sworn to uphold, support, and defend the Constitution. That means not passing laws that contradict the Constitution. In a democracy, the majority rules and we see laws like this that run roughshod over our Constitution. For example, this law adds to a previously convicted felon’s sentence without due process - a clear violation of the 14th amendment and a passle of ex post facto case law. If the Republican legislature had been acting as Republicans, and not liberals, they would have upheld the Constitution, explained the facts to their constituents, and not made this law retroactive. They would have dealt with the facts, and explained that sex offenders have the lowest rate of recidivism, and only the worst are a danger to society. That only those designated as “sexual predators” on Georgia’s 3 tiered system should be given the harshest restrictions. They would have written the law so that the parole and probation officers, in consultation with the treatment centers (something they already do), should determine whether some of these harsher restrictions should apply on a case by7 case basis. A truly Republican (as opposed to a Republican’t) legislature would have made a truly useful law.

Georgia law already has a statute that allows a judge to review a case, and terminate the sentence of an offender who has demonstrated he or she is reformed. Yet, this law is denied to almost all felons who have earned - by their excellent behavior and commitment to being law abiding over time - a just and merciful hearing.

Lady Justice’s scales were intended to show justice tempered with mercy. This law, like sex offenders laws passed previously, have the ironic effect of harming more children than they protect. Far more children and grandchildren of non-risk or low-risk offenders (who pose no real threat to anyone) will be harmed by the stigma of the registry, and the family instability caused by the registry of those who should not be on there, than will be harmed by the rare unknown child molester.

Democrats will have a field day with this sorry legislation come fall. Its abject failure will be hung around Republicans heads like an albatross. The innocent spouses, children, and grandchildren of those classified as sex offenders who are not a danger to others will be victimized. Rep. Keen, in seeing that as an “inconvenience” is showing his true liberal colors.

A courageous legislator of honor would attempt to meet discreetly with some of the families of sex offenders in his or her district and have the fortitude to look them in the eye and explain why the harm to their lives is worth it. Rep. Keen, and others who voted for this awful legislation - do you have the honor and courage to do so?

If we need a historical reminder, the McCarthy era is not where we should look. History has shown McCarthy was right, and what he was alleged to have done wrong was greatly exagerated. Instead, look to the day care center molestation cases of the late 70s and 80s. A combination of overly ambitious ADAs, investigators, and psychologists (seeking a quick way to boost their careers), used unscrupulous tactics to convict a number of day care owners and workers. Years later, when the kids grew up, they began to tell the truth. They had been coerced and threatened by the investigators and brainwashed by the psycologists. As adults, they admitted they were never abused. The end result was many innocent people falsely convicted, and the careers of those ADAs, investigators, and psychologists ruined after having gained on the backs of the innocent. With many of today’s stings, the mindset in a newer generation of ADAs and investigators has taken hold. Only this time, the fake victims can never grow up to tell the truth. Some ADAs and investigators, aided by the lucrative sex offender industry run by some psychiatrists and psychologists, run their stings to look for those who are living immorally, but legally, and entice them to say or do something, usually in a roleplaying situation, that if it were real, would be illegal. They then arrest them, knowing that given their immoral lifestyle, and the hysteria surrounding sex offenses, any jury will convict and disregard the facts. Ever wonder why their law enforcement resources are not being used to go after those who actually molest?

By Vivian

July 3, 2006 10:13 PM | Link to this

First of all, Kyle and John, both of you are on top of this. Thank you for your comments. HB1059 is outragous. I have spoken with law enforcement personnel that helped write this law and the part that prevents a RSO from living or working within 1000 ft of a school bus stop was intended for predators only, yet the person who sponsored this bill went against the overwhelming recommendation of the people who counsel and police the RSO’s and thanks to election year politics, this bill was passed. The comment was made that “it might be an inconvience for some”.BS!!! Anyone who has tried to comply with the 1000 ft of a school bus stop requirement has found it completely impossible. There is an existing law that severly limits where a RSO can live, we did not need anything new. As noted in other comments, there currently is no risk assesment system(even though this law says there must be prior to it being enforced), and all offenders are treated as though they all raped a child. In the state of Georgia, out of 11,000 RSO’s there are 14 convicted sexual predators. Those are the people we should protect our children and ourselves from. BTW, pedofiles are predators, the sickest of them all. I have read the entire HB1059 and I am deeply disturbed that this bill was so carelessly written, it is all about punishment without provisions. It is painfully obvious that if they had taken the time to spell out all of the exceptions and special provisions for people who are elderly or disabled, or fall in the catagory that HB1059 now deems no longer a felony,etc, that this bill would have never cleared the floor in time to be enacted into law in time for election year politicians to benefit from it. A similar bill in Iowa has failed miserably, with the number of absconders quadripling as soon as it went into effect. How safe does that make you feel? Did you really think they were thinking about “our safety”?? Two things that should have been included in this bill are mandatory victim counseling (and the funding to pay for it) and an extension of the statue of limitations for reporting and prosecuting rape and molestation. If this law is allowed to stand as is, many low or no risk RSO’s will have to abandon their jobs, will be forbidden to attend church for worship, weddings or funerals. They cannot attend our children’s school or recreational functions, nor can they take their own kids to McDonalds or the mall. Please remember, not all SO’s are sickos. Many are just like you and me, but have made a mistake many years ago and now their lives and families are being ripped apart, as mine is. It is not fair to them, their familes and most of all, their (our) children.

By dc

July 3, 2006 11:12 PM | Link to this

The crux of the problem: The GA Bureau of Investigations website sex offender page states “GEORGIA’S SEXUALLY VIOLENT OFFENDER REGISTRY.” This is totally misleading and 100% false!!!! How/why is this registry labeled as a violent offender registry? Myself and thousands of others underwent psychological testing per the state’s requirement and were deemed to be “non-violent and non-predatory in nature.” The entire registry is based upon a 100% FALSE STATEMENT!! Stop perpetrating a myth.

By ZMan

July 4, 2006 04:27 PM | Link to this

I know it’s long, but I have many questions/comments, etc about this bill.

I am in the middle of all this myself. I was convicted back in 1989 of exposing myself to a child, which I did not mean to do in the 1st place. I got out of the shower and was looking for some underwear to put on, in my room. I glanced out the back window to see what the whether was going to be like. I just moved into the apartment and did not realize there was a play ground in the back on my apartment, so when I opened the window to peak outside, a young girl seen me, and immediately ran and told her mother.

So they put me on the 1st offender, gave me 7 years probation, which I think is extreme in this case.

Later, in December of 1996, I broke my probation (my fault), and the 1st offender status was removed. I was resentenced back to 7 years probation, after 60 days in jail, 180 hours community service, and they said I’d be on the registry for another 10 years and be off in 12/24/06, but now they’ve back dated this, which now I am suppose to be on it for life, from what sheriff’s are saying.

Ok, so since then I’ve been clean, did all my community service, am off probation, never re-offended. The only thing I have on me is the registry, which I would’ve been off on 12/24/06.

But now, they’ve passed this law, and BACK dated it to July 1996, so now I am subject to all this as well, which is NOT RIGHT.

HOW CAN THEY RE-SENTENCE ME WITHOUT A COURT APPEARANCE???

I’ve hired a lawyer, and hopefully he will get me off the registry. If he doesn’t, then the sheriff told me I’d be on the registry for life… WHY????? I’ve done my time for a small crime, which I know I made a mistake, but when am I going to quit being punished because these VIOLENT people out there keep offending, I should not be subject to all the same stuff they are.

I understand what the government is trying to do, protect kids, which they need to do, from VIOLENT people. But, they need that to apply to dangerous folks, I AM NOT DANGEROUS!! Plus, they need to make the law HARSE, but for only NEW people who are found guily after the law is passed July 1st date, not back dating it to affect more people who have been sentenced already.

Labeling everyone as a “SEX OFFENDER” and treating them all the same is not right. How is a person who exposed himself to a minor, by accident, the same as a person who’s kidnapped, raped and killed kids on several occassions??

Again, I understand everyone’s hatred toward people who do violent crimes against kids, but I am not one of those people.

Here is what I think needs to be changed about the law, along with more comments on various sections of it.

a) The 1000 foot thing is crazy, if someone was going to reoffend, they’d just get in a car, drive away from their house, and re-offend.

All this would make since, if the “SEX OFFENDER” was hanging around a bus stop, church, etc for an extended period of time, but just living within 1000 feet does not make since. This is just BANISHING us from everywhere. School bus stops pop up everywhere. What if an offender was allowed by the court to live with his wife and kids, due to a less violent crime, and his kids have to go to school, does the father now have to move if they place a bus stop in front of their house, so they do not have to carry the kids many miles to get to school?

How is that right? Now you are banishing the father from his own family..

b) When the law goes into affect, it should only affect those who are convicted of a crime after July 1st, how can you back date a law passed today?? That is basically re-sentencing everyone without even a court date… THIS IS UNCONSTITUTIONAL….

c) They need to split up the “SEX OFFENDER” label into groups, like low, medium, high offenders, and people in each group should have different punishments, you can’t group everyone into one group. “SEX OFFENDER” convers a lot of people, some violent, but MANY are not violent and probably will never reoffend. If they do, depending on the crime, they’d be moved up into the medium or high risk levels, and subject to more prison time, etc.

I am not the same as all the crazy violent people out there.

They also need to re-evaluate people for the low, medium, high risk levels, then adjust their CURRENT sentence to what is right for that level.

With this, everyone who is labeled a “SEX OFFENDER” is currently being treated as HIGH, which is NOT RIGHT…

d) Various things from the HB1059.PDF which was passed:

(3) Providing for community and public notification concerning the presence of sexual offenders.

This is giving all “SEX OFFENDERS” a death sentence, there is vigalante’s out there that are looking for “SEX OFFENDERS” and killing them, look in the news..

Besides, this should apply to VIOLENT offenders, not people with minor crimes, like myself.

The Registry on the web, shows the persons address, which is violating my rights. They can list offenders names, but the other information is putting our lives in danger.

Also, how come murderers, gang members, etc are not on a “REGISTRY”, I’d like to know if I lived next to a murderer or gang member, so I can either get them to move, or myself move, if I feel in danger.

(5) Requiring sexual predators who are released into the community to wear an electronic 15 monitoring system for the rest of their natural life and to pay for such system

This should again be for VIOLENT people, not everyone in the “SEX OFFENDER” label is violent. And why should they pay for it, most are almost broke due to all the legal crap they have to go thru. If they cannot pay for it, then what, send them back to jail, that is not right…

(1) ‘Address’ means the street or route address of the sexual offender’s residence. For 2 purposes of this Code section, the term does not mean a post office box, and homeless 3 does not constitute an address.

So this means if I wind up homeless because of all this, then I go to jail???

(3) ‘Area where minors congregate’ shall include all public and private parks and 18 recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools.

For any of this, how is 1000 feet going to do any good, if a person who wanted to re-offend, this is not doing anything, they can just drive in their car somewhere and re-offend.

(12) ‘Level I risk assessment classification’ means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) ‘Level II risk assessment classification’ means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment.

This looks to me like they are not doing this for people who have already been convicted and sentenced, since I was to be off this on 12/24/06, but not now that this has passed, I have not re-offended since, and should be put into the low risk and let off the registry. I’m not on probation, or anything, I just have the registry on me right now, which they are trying to make for LIFE now, which is wrong. I’ve been sentenced already, and now re-sentenced without any court date…

(17) ‘Risk assessment classification’ means the notification level into which a sexual offender is placed based on the board’s assessment.

People who have already been sentenced are not being re-evaluated to see what their “Risk assessment” is, we are all being lumped into the HIGH category, which is not right..

(e) Registration pursuant to this Code section shall be required by any individual who:

(1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a 11 minor;

Why back date this? A person convicted and sentenced already should not BE PUNISHED AGAIN? This law should not apply to them, only new people who are convicted.

(6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration.

So basically, people who are probably already flat broke because of all this, now must pay $250.00 every year for life, since they now have to be labeled as a “SEX OFFENDER” and be on the registry for life… How is this right?? Now, they will go broke paying for a GPS monitoring system, and paying the $250.00 per year, then, when they can’t do this, they are back in prison for 10 or more years..

THIS IS NOT RIGHT AT ALL!!!!!

(3) Maintain and post a list of every sexual offender residing in each county:

(E) On a website maintained by the sheriff of the county for the posting of general information.

What is “General information”? Putting someone’s address on this I would say is in violation of my rights. They gives vigalante’s easy access for their victims.. This is CRUEL PUNISHMENT, and makes the offender constantly look over their shoulder wondering if some person is going to kill them or not.

(5) Inform the public of the presence of sexual offenders in each community;

How, isn’t public records and the web site sufficient? Now my neighbors are a threat to me because they have it in their minds “SEX OFFENDERS” are all violent people, and they will do harm to someone’s person, house or family.

(2) The sheriff’s office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section.

Another death warrent, let’s give everyone the right to come kill “SEX OFFENDERS”…

Everyone will be DESCRIMINATED against if this is in all public buildings which could be grocery stores, restaraunts, etc..

This will not allow us to find jobs easily, if at all, so we won’t be able to pay any of the fines, and go back to jail.

(3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigation’s website a list of the names and addresses of all registered sexual offenders.

They need to also provide offenders with:

a) Locations of ALL bus stops, churches, etc mentioned on this, so it will help offenders easier access to find a place to stay, where they will be SAFE.

(o) The information collected pursuant to this Code section shall be treated as private data except that:

(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;

(2) Such information may be disclosed to government agencies conducting confidential background checks; and

(3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released.

So basically our information is NOT PRIVATE! What’s the point?

(a) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims’ rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment.

Why, so the majority rules? Why not have 2 victims’ rights people and 2 law enforcement? To both law enforcement can basically both vote yes and the victims’ right person gets over-ruled by the LAW? This is not right either..

(a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor.

So WHY ISN’T THIS OCCURRING??? They are rounding up everyone and throwing them in jail without this being done….

(d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006.

WHAT?? Why aren’t they re-evaluated? People do change!!!

(e) Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country.

Are they re-evaluated after XX years or something to see if they are less of a threat? If not, they need to be, people do change… So if this person has to pay for this EXPENSIVE stuff, and then go broke and put back in jail, why doesn’t the PUBLIC have to pay for this?? I don’t think they’d like to, and the offender is just going to wind up broke and in jail trying to pay all the fines.

(b)(1) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of a child care facility, a school, or a church.

This should apply to VIOLENT predators, and NOT everyone on the registry. That is not right.

The information they are putting on the Registry web sites, violates my rights, vigalante’s are using this information to kill people labeled as “SEX OFFENDERS”, this needs to be moved off the web, IMO, it just basically gives vigalante’s an easy way to find people on this LABEL, and kill them, they have been doing it, read the news.

I personally think they need to rewrite this entire law, it is very vague and lumps all “SEX OFFENDERS” into one group. They need to have subgroups like they do with other crimes.

By Kyle Sandusky

July 5, 2006 01:35 PM | Link to this

The following is my statement to the Senate Judiciary Committee on March 17th.

+++++Quote+++++ Mr. Chairman, Senators, thank you for allowing me to speak today about HB 1059.

I am a registered sex offender. Sex Offender Registry, Community Notification, and Proximity Laws are by and large misunderstood. The facts and myths on these issues however, are like night and day. I trust my story will help you separate the facts from the myths.

I also hope that, you will recognize that I am committed to seeing an end to the abuse of children. First by never allowing myself to be in a situation that led to my indiscretion; through continued therapy – long after my probation ends – and 2nd by being a voice for victims, offenders and their families who become secondary victims because of poorly conceived laws.

By way of background – I am one of the few remaining long-term survivors of, what was at the time – in 1965 and in my case, an experimental – an open-heart procedure. Last March, surgeons inserted a twin lead pacemaker in my chest in order to stave off the real possibility of sudden cardiac death. I have pulmonary vascular disease, which inhibits blood circulation to my legs, I am 100% disabled, and on blood pressure medication that has a side effect of lightheadedness, this makes driving impractical from a safety perspective.

Under my plea agreement and First Offenders, I was not required to register – however, last year, this august body passed legislation that mandates every type of sex offender, be equally listed on the state’s registry. This ranges from very high-risk multiple conviction offenders to no risk youthful lovers.

In July, after returning to Georgia from my pacemaker procedure at the Texas Heart Institute, I complied with the new registration requirements. Within a few weeks, I was required to move. This was because I was within 1000 feet (by line of sight) of an apartment complex pool. Waking distance to the pool was at least twenty-five times my capability and I could not even see the apartment complex except for the third floors and roofs due to a wooded area that separated the properties. Yet I was still required to move.

In November, a well-meaning but remarkably misinformed citizen used the Sex Offender Registry to harass me. She, by the way, lived in an adjoining city; however that did not stop her from calling the local media outlets to inform them I, along with other registered sex offenders lived (in separate rooms) at an extended stay lodge. You might remember the speed, in which three of the four major networks rolled news crews to the scene. They also showed this woman distributing printouts from the GBI Sex Offender web site at a Publix parking lot – that was well outside of my walking range. Her intentions were clear; she wanted to encourage others in the community to harass me as well, all while claiming public safety concerns. As a matter of record, the AJC sent a reporter to knock on my door looking for a story.

The egregious actions by this woman, local politicians, and the news media eventually resulted in my having to move once again last month. This time to the middle of an industrial and retail area at the edge of my county line, I now live, at peril to my health, in a roach infested room with the paper pealing off the walls. Miles from where I can do basic grocery shopping.

Am I a clear and present danger to society? Let’s compare what I am doing to those who are absconding from the system, which by the way make up less than 10% of offenders. First, I am living where my therapist, Probation Officer, and law enforcement can find me. I am in my home when I am not attending to personal business or going to therapy. I am also complying with all the restrictions and requirements as set forth by the court and the Probation Office. Second, I am attending therapy every week; my therapist has been providing treatment for sex offenders for the better part of thirty years. They are skilled in spotting the “red flags” that show problems or potential for re-offending. Finally, I must submit to and pass regularly scheduled polygraph examinations. To date, I have taken six exams and have showed no deception on questions regarding deviant actions or thoughts; in other words, I am not stalking or obsessing about children.

If we really want a safer society, we will alter the way we do business, becoming highly proactive, and less reactive. For example, in order to change the status quo we need to recognize that over 40% of sex offenders are juveniles themselves. Instead of placing them on a registered sex offender list, provide a therapy program, which teaches boundaries and appropriate behavior. This has been proven a more viable alternative because it avoids a lifetime of victims and saves taxpayers the cost of prosecution and incarceration or community monitoring.

Experts nationwide acknowledge that for the cost of incarcerating one person – we can have six low risk offenders in treatment, the savings to taxpayers makes better – smarter laws an overwhelming choice over more of the same laws that don’t work and are draining government revenue. Treating low-risk offenders differently from high-risk offenders will make a difference and save taxpayer dollars for better use in education and prevention especially for younger offenders.

The effects of patchwork community notification and proximity laws are a needless hardship for offenders who are in compliance. It reduces their ability to reintegrate into society and increases the risk for re-offence and for their families it creates suffering, vilification, unnecessary difficulties and for child-victims of an interfamilial offence, it victimizes them a second time. For society, the effects are equally demoralizing; it gives an extremely false sense of security, higher costs in welfare and disability payments for families and reduced tax revenue because of lost or reduced earned income. For me, at the end of the day, it creates unnecessary stress, which can prove to be just as deadly as a vigilante armed with a deer rifle is.

We encourage you to choose laws and programs, which provide real results and save tax dollars in place of the same paradigms that waste revenue and precious resources while accomplishing nothing towards a safer society.

On behalf of the folks in my therapy group who could not be here today, allow me to thank you for working together with all of Georgia’s citizens to make everyone’s family safe. I thank you for your time today.

+++++End Quote+++++

On the day I spoke, the Vice President of the GA Sheriffs Association told the Senators that the school bus stop issue was unenforceable and asked them to strike it from the bill. Today I am off the registry, thanks to Plunkett v. State. I have been graduated to a Maintainance Group by my therapist and no longer live where I did in March. I am committed to working for change in the way we deal with this issue. Anyone who wants more information on this issue only need to visit (http://sosnet.bravehost.com/index.htm) and educate themself. We can and must find better solutions. Let’s start by asking Gov. Perdue and the State Assembly repeal this law and wirte one that will truly protect all of Georgia’s families. (http://www.petitiononline.com/NoHB1059/petition.html)

By MW

July 5, 2006 11:13 PM | Link to this

Kyle, how did you get off of the registry. I got First Offender status on a stupid plea bargain to Sexual Battery based on a child custody battle with my ex-wife. At the time of my plea, I did not have to register. Soon after a new GA law was passed that forced me to register. Now I’m dealing with HB1059 which forced Gwinnett County’s finest to serve me with papers requiring me to move. I have a wife and son to provide for, and am desperate to move on. I’ve completed 1 year out of 5 years probation, and 1 year out of a 2 year treatment program with no problems. Do you have any tips?

By Bill Wright II

July 6, 2006 05:50 AM | Link to this

You are right, we should give the true child molesters a quick start to their special place designed for them. They should never be able to destroy another childs life. A childs right not to be molested is more important than the molesters rights. Used too the prison populations took care of these type of perverts. But even they have lost their standard of protection of children.

By lucybell

July 6, 2006 11:06 AM | Link to this

please go to link- http://www.petitiononline.com/NoHB1059/petition.html

and sign the petition to stop this law-

DO SOMETHING ABOUT IT!!

By Sven Svenson

July 7, 2006 02:31 PM | Link to this

Refreshing to read thoughtful and in depth commentary about a subject most would just as soon ignore. It also brings up the topic of why some of these “crimes” are classified as being a sex offender anyway. Fear has swung the pendulum way off to one side.

By Sven Svenson

July 7, 2006 02:32 PM | Link to this

Refreshing to read thoughtful and in depth commentary about a subject most would just as soon ignore. It also brings up the topic of why some of these “crimes” are classified as being a sex offender anyway. Fear has swung the pendulum way off to one side. Thanks for yor insight and deliberation.

By Wendy

July 7, 2006 10:57 PM | Link to this

None of you have any right to say anything about having a sexual offender or predator around until one moves in next door to you, like one did to me last week. Thanks to the overturning of what you call a “stupid” law, I now have a 46 year old man living 50 yards from my front door. This guy has been convicted of a “sexually violent act” against a minor under the age of 12. He was 40 when he committed this act, but since we’re throwing out the whole law, he got to move in last week, and now my children can’t play outside anymore. I understand the teenagers having sex with each other thing, etc, but lets not forget that chester the molester is out there watching our kids at the bus stop as well, and that could very well be in his very own driveway!

By Kyle

July 9, 2006 11:55 AM | Link to this

To Wendy,

I understand your fears; however let me ask a question. If the Sex Offender Registries are working, then why are we seeing on average an 8% rise each year in folks being added to the registry? Is it because around 90 percent of new crimes against children are committed by FAMILY MEMBERS or SOMEONE TRUSTED BY THE FAMILY? That is the fact as posted by our own United States Department of Justice. It is also the facts as seen by the American Psychological Association, and the Association for the Treatment of Sexual Abusers.

The public needs to be more concerned about high-risk sex offenders and absconders, not low risk offenders are working hard to comply with their court and therapy guidelines. Many have paid their debt to society, and are on the Sex Offender Registry by law. Under our current system, law enforcement spends precious resources tracking low risk offenders, instead of high-risk absconders and predators.

I along with the folks in my therapy group and my therapist do not condone, in any way, abuse, especially the sexual abuse of children. We do not, and will never make excuses for our actions or offenses, nor do we excuse the actions or offenses of others. We believe that repeat offenders need to be separated from society, and released conditionally on proof of reform. We do acknowledge the fact that false accusations are made, people make mistakes (even stupid ones) and believe each case should be judged on its own merits, using empirical evidence and not just hearsay. We know that people can change, improve themselves, and accomplish their own human revolution. We encourage you to approach this issue with an open mind and value the essence of every person’s humanity.

Many sex offenders live in an area due to its proximity to their therapy provider and jobs. Sex offenders in therapy have the lowest recidivism rate - 3.5%. Chasing them away from their therapist and support network is not in the best interest of public safety.

What has not been publicly discussed is the impact of registration on those low risk registrants and specifically their families and children - many times (DOJ stats show 40%), the offender is under 18, and the victim is a younger friend or sibling. These victims are doubly victimized when their family or older sibling is humiliated and ostracized.

There are countless stories of children beat up at school after school, and losing all social support structure that is so crucial for healthy development. Does this sound like justice to you? According to our legislators, it is.

How can anyone look into the eyes of a child and tell them that they somehow deserve to be homeless, harassed, beaten, humiliated, stigmatized, and made a pariah. Whose children are worthy? Only those of others, do the children of registrants even count? According to our legislators, they do not. I am certain you do not feel that way.

If you truly want to keep your children safe, visit the Jacob Wetterling Foundation web site (www.jwf.org) They have excellent safety tips that are available by calling 800-325-HOPE.

We must have more faith in ourselves than in government to solve the problem. Citizens, communities, journalist, media personalities, and legislators should demand a National Sex Offender Public Policy Forum to address this issue. Then state and local governments can better formulate workable, cost effective laws that protect the rights of all citizens. Forums should include mental health professionals, jurist, law enforcement and corrections personnel, victims and their families, offenders and their families. The offender’s families are secondary casualties of ill-conceived laws.

In lieu of fostering a fearful witch-hunt mentality for election year sound bites, legislators should step up to this societal challenge. They should strive to dispel the myths and create the environment for policy and subsequent legislation to succeed, creating a safe society for all children. For more information visit http://sosnet.bravehost.com/index.htm

By Cortney Cavanaugh

July 9, 2006 12:56 PM | Link to this

My 24 year old son life was ruined by a girl who lied about her age. I feel that my sons name should be removed from the registry and live a normal life. The normal life he had before and be able to live with his 3 children again. The sex was consented but nothing didnt happen and there is no evidence that my son raped her. Now my sons life is ruined. I feel that my son should not have to register for something he did not do.

By Kyle Sandusky

July 9, 2006 01:49 PM | Link to this

I am sending this for one of the folks in my therapy group, his name is Roy. He is not allowed access to the internet, although his charge was in 1988, long before the internet became a tool for real predators.

He spoke to the Senate Judicary Committee in March and told them that as a Registered Sex Offender in therapy, he was there to share with them how his life has been affected by treatment and understanding his own internal and external control factors. He admited to being a child molester and took responsibility for his actions.

He told them the control factors are enforced by the Probation office and regular polygraphs. Additionally, what does not work are laws that will force offenders to go underground or constantly move. He told them that treatmemt works for people who want to change and that he was living proof of that.

He asked to be allowed to reintergrate back into society and be a respondible taxpayer. He stated to the Senator’s and in therapy many times his committment to never offend again and ask for them to help him accomplish that goal.

The Senators did not hear his plea.

By dc

July 9, 2006 05:29 PM | Link to this

To Wendy, I appreciate and fully understand your concern. Its only natural that you feel the way you do. Did you know that the GA Bureau of Investigations sex offender website lists EVERYONE as a violent offender? It says so right at the top of the page. I highly recommend that anyone speak directly with an individual that they fear. Ask this person (adult to adult) what they did and discuss the circumstances around his crime. You might be surprised that nearly every sex offender is remorseful about his/her acts and is incredibly unlikely to re-offend. Educate your kids and tell them to stay away from the individual if you desire, but understand that people do make mistakes and not all should be deemed “monsters.” In my case, I took a pro-active stance. My situation was totally non-violent, consensual, and did not even involve sex or nudity. Nonetheless, the sex offender registry lists me (like everyne else) as violent. I held a community forum in my area to educate all of my neighbors, giving them all of the details of my case and allowing them to ask questions. Interestingly enough, they respected me for this and all left the room that day agreeing that I was in no way a threat to harm anyone. I made 1 poor decision and thousands of others have done the same.

In no way am I advocating that you let your guard down, but at least give individual’s a chance to explain in a public manner how/why they are registered. I fully believe that the vast majority of the public would be surprised at how many “bad guys” could put the community at ease if they are only given a chance to explain themselves.

I actually have a big-time convicted drug dealer living several doors away from me. I spoke with him about his past since I had my own fears. I heard him out and understood that he was well on his way to a new life and improving himself every single day. Yes, I still am cautious, but in no way live in fear of him or his past. He has a decent job, pays taxes, and is well on his way to recovering his dignity. I can only wish him luck…I know its been a long, tough road.

Just a thought.

By Maria

July 10, 2006 12:48 PM | Link to this

All of these laws are being created to generate money. Every since the government started paying for the number on the states registry is when more ,suppose to safe are children laws passed. This way it’s easier to convicted more people and put the on the registry , which in return means more money for the states and more jobs, like therapist, probation officers to monitor, etc. It’s a win for the politician, because people feel safe and it’s a win for the state as far as money.

By gary

July 10, 2006 06:12 PM | Link to this

Do we still live in America or what? How can we as Americans do this to our own people not only will this law hurt the offenders but it will also hurt their families too, I think the politicians better read the constitution, this laws is wrong and when will the politicians stop, never if we don’t stop them frist, they just want to buy votes they don’t really care about the kids, if they did they would of found a way to stop all the drugs from being sold in our country a long time ago,

By Denise Jarrell

July 11, 2006 11:36 AM | Link to this

How is living 1,000 feet from a school bus-stop going to prevent a sex offender from re-offending? If known alcoholics weren’t allowed to live next door to the liquor store, does that mean he would be sober the rest of his life? If these people are so dangerous, what in the world are they doing out of prison? If the state sees fit to release a criminal from prison, leave him alone and let him get his life back together. This life-long harrassment will do nothing to protect children.

By Greg Shepherd

July 11, 2006 04:52 PM | Link to this

I am a sex offender in Gwinnett County. My crime occured in Feb 1992. At that time I sought help with a counseling group and my case was turned over to the Child Protection Agency. I served 5 years in prison, and have been attending a sex offender program for over 10 years. I will be required to register for life by the sherriff’s dept., the law already requires me to live at least 1000 feet away from schools,parks,recreational facilities and “anywhere where children congregate”. In Gwinnett I’m told that only 3 sex offenders will not be in violation with this new law of school bus stops. I’ve also read that in Dekalb county every offender will be in violation. It seems that if this law is passed I will loose my job and be forced to either move out of the city or out of the state. It’s true that sex offenders are at high risk of reoffending it takes years of hard work to reprogram your mind and a true desire to change. I believe that this law would truly make it impossible for my life in Georgia. But it seems that this is the true goal of some legislators. Its not like I walk to wherever I go anyway.

By Susan

July 12, 2006 04:16 AM | Link to this

Those people who care about how cruel and impossible this law is need more information on how to reach reasonable men and women in a position to change the trend of banishment, ostrasism, and ignorance. The treatment we are talking about sets our laws and our right to privacy and our faith in the power of the human being back hundreds of years.

By Andy

July 12, 2006 01:21 PM | Link to this

The whole concept of a ‘registry’ is anethema to me. If you are out of prison, and not on probation, i.e., you served your time, then there should be nothing you can’t do.

We are so hung up on ‘sex’ with the ‘wont you think of the children’ mentality that we pass such laws. The sex offender registry is unconstitutional.

By Shelley

July 13, 2006 07:46 PM | Link to this

Has it occurred to anyone that in passing these restrictive laws for sex offenders that we’re also punishing their wives, husbands, children, parents and friends? What did the wife of a sex offender do to deserve to be banished? Did she do anything? I say to those who say that she should abandon her husband (and I have seen such comments in internet forums) where is your Christian charity? Don’t we have a history of second chances in this country? What about the children of sex offenders? Do they deserve to be ostracized, as many have been. Since when is one child worth more in our society?

Remember, those on the registries aren’t there only for serial rapings or child sexual abuse. A number of other “acts” which can land one on these lists are: urinating in public, sex with a 17 year old male or female, innocent touching which can be misconstrued. Don’t forget that undoubtedly some of these people on the lists were falsely convicted. After all, in some cases, it simply his word against hers with no physical evidence or a child’s word against an indicted molester. Also DAs love to pile up charges and see how many stick. (I have personally seen this occur.)

Megan’s List is being mis-used as a witch hunt against many, and society will come to regret it. For pointers, read Arthur Miller’s The Crucible. I teach it in school and it’s a real eye opener.

Thank you for letting me speak out.