Sunday, December 28, 2008

SORNA

The Controversy of SORNA
All states have to decide by July 27, 2009 whether they will adopt and implement the Federal Sex Offender Registration and Notification Act (SORNA). The implementation of SORNA is an extensive and costly one. If the states do not implement SORNA, they will be faced with the loss of 10% of Byrne Grants ( used to pay for such things as drug task forces, anti-gang units, police overtime, and other law enforcement activities). On the other hand, if SORNA were to be implemented, it would prove to be much more costly for the state of Maryland and to each individual counties.
Under current Maryland Registration, the following are required from all Registered Sex Offenders:
A registration statement shall include:
(1) the registrant’s full name, including any suffix, and address;
(2) (i) for a registrant under § 11–704(a)(7)(i) of this subtitle or
who is on work release, the registrant’s place of employment; or
(ii) for a registrant under § 11–704(a)(7)(ii) of this subtitle, the
registrant’s place of educational institution or school enrollment;
(3) (i) for a registrant enrolled, or expecting to enroll, in an
institution of higher education in the State as a full–time or part–time student, the
name and address of the institution of higher education; or
(ii) for a registrant who carries on employment, or expects to
carry on employment, at an institution of higher education in the State, the name and
address of the institution of higher education;
(4) a description of the crime for which the registrant was convicted;
(5) the date that the registrant was convicted;
(6) the jurisdiction in which the registrant was convicted;
(7) a list of any CURRENT OR FORMER aliases, FORMER NAMES,
NICKNAMES, CHAT ROOM IDENTITIES, ELECTRONIC MAIL ADDRESSES,
COMPUTER LOG–IN OR SCREEN NAMES OR IDENTITIES, INTERNET IDENTITIES,
AND INSTANT–MESSAGING IDENTITIES, AND ELECTRONIC CHAT ROOM
IDENTITIES that the registrant has used;
(8) the registrant’s Social Security number;
(9) any other name by which the registrant has been legally known;
and
(10) A COPY OF THE REGISTRANT’S VALID DRIVER’S LICENSE OR
IDENTIFICATION CARD;
(11) THE LICENSE PLATE NUMBER AND DESCRIPTION OF ANY
VEHICLE OWNED OR REGULARLY OPERATED BY THE REGISTRANT; AND
(10) (12) the registrant’s signature and date signed.
(b) If the registrant is a sexually violent predator, the registration statement
shall also include:
(1) identifying factors, including a physical description;
(2) anticipated future residence, if known at the time of registration;
(3) offense history; and
(4) documentation of treatment received for a mental abnormality or
personality disorder.
Under SORNA, sex offenders will be required to provide the following information to the sex offender registry:
• names, including all aliases used by the sex offender;
• date of birth, including both actual date of birth and any false date(s) of birth used
by the sex offender;
• all Internet identifiers and addresses, e.g., e-mail and instant messaging addresses;
• all telephone numbers including both land lines and cell phone numbers;
• Social Security numbers (SSN), including both valid governmentally assigned
SSNs and any other SSNs used by the sex offender;
• residence address;
• other residence information (i.e., where the sex offender has a home or habitually
lives) in relation to sex offenders who lack a residence address for any reason
(e.g., homelessness, or living in a house in a rural or tribal area that has no street
address);
• temporary lodging information about any place in which the sex offender is
staying for seven or more days, including identifying the place and the period of
time the sex offender is staying there;
• passport and immigration document information;
• employer’s name and address;
• other employment information concerning the places where the sex offender
works, if the sex offender has no fixed place of employment, such as information
about normal travel routes or the general area(s) in which the sex offender works;
• professional licenses;
• school name and address;
• vehicle information including description and license plate or registration number;
• physical description of the sex offender;
• text of the registration offense or offenses;
• criminal history and other criminal justice information;
• current photograph;
• fingerprints and palm prints;
• DNA information; and
• driver’s license or identification card.
The SORNA provisions were made retroactive. The Act applies to all sexual offenders,
including those offenders convicted prior to the enactment of SORNA (July 27, 2006) or
prior to a particular jurisdictions’ implementation of the SORNA requirements
So what does this all mean to the taxpayers?
Initially, there would be a one time general fund reprogramming cost of $33800 for the Department of Public Safety and Correctional Services. That cost is for only one department. Every county would be responsible to cover their reprogramming cost out of their current budget. Under current law, it cost $1595 to supervise one offender for one year. Currently, Maryland has approximately 500 registrants. Or $797500 spent a year to supervise those registrants. Once SORNA is implemented, every registered sex offender must be re-registered and those who were not initially covered by the retroactive provision will now be required to register. The homeless will now be sought out and registered since Maryland current registration has no way to maintain the homeless. This will be proposed as weekly registrations of the homeless. In addition, there will be approximately 400 additional juvenile registrants to register. The sex offender registry has a total growth rate of 400-600 new registrants per year. Thus, with the increasing number of caseloads, there will be a great need to hire additional agents to handle such an increase. The cost to hire a new agent is about $50,00 per year including salary, benefits and equipment. Where will the extra money come from? Most counties in today’s economy are having to cut corners to trim their budgets. What will this added expense do to an already over-stretched budget? There are some solutions: 1) increase taxes for tax payers 2) take the needed money from other programs 3) Increase sales tax. None of those solutions would be acceptable to the tax payer. (Remember, this is for the state of Maryland, larger states will have increased expense.)
Current Maryland Sex Offender Registration and Classification is flawed. Maryland registries group all sex offenders in one registry “Child Sex Offender Register” and the requirements are the same for all registrants whether or not the offense involved a child. SORNA does not change the classifications, but rather enhances the misconception that all sex offenders are child sex offenders. This serves only one purpose: To deceive the public that SORNA is the only way to keep their children safe. Public is deceived and laws are passed.
SORNA is a costly implementation that only targets a small number of criminals. Interestingly still, is the fact that the very group that are being targeted, has the lowest re-offense rate of all criminals. Without separating the classifications, the re-offense rate for all sex offenders is 12%. This number is decreased with treatment and with time. Some one who was convicted more than 10 years ago, has a re-offense rate of less than 8%. Once the sex offender reaches the age of 45 or older, it drops to 3.3%. At age 60, the re-offense rate is near 0%. The highest incidence of re-offense occurs during the 1st 3 years after release and with the homeless. (Homelessness will increase with the new residency restriction laws that are proposed. Thus, residency laws due more harm the good.)
As a tax payer, we need to look at what is not being told to the public. Rather than spending that amount of money on a small group of criminals, wouldn’t it be better used for improving our children’s schools? Once you have decided that this new regulation, SORNA, would be more costly than effective, contact your state representatives. Time is running out for the tax payers to make their voices heard.

Friday, December 26, 2008

Parole Commission

My husband's supervised parole termination hearing was Monday 12/22. First, let me say that we went in there knowing full well that it would be a waste of time. But, we had them reaching really low to come up with reasons why they wouldn't terminate his supervised parole. His lawyer was armed with facts about re-offense percentages that I had supplied him. Then of course, he was able to to dis-credit the psych eval since my husband's therapist never gave him the evaluations and were making up the answers. So, from the bottom of the garbage dump, they came up with 4 new reasons:

1) He's challenging his forced registration since under Maryland law he is not required to register since his conviction was back in 1979.
2) He hasn't been married long enough. (ok, we've been married 16 months, but have co-habitated for 2+ years)
3) He hasn't been employed long enough. (Forget the fact that except for the 11 months that he couldn't find a job because of all the travel restrictions his PO placed on him and being a CDL driver, in this day and time, you can't find truck jobs that stay in MD, DE, and VA. And accept applicants with a felony conviction. Prior to that, he has always been gainfully employed. Luckily, the PO changed his restrictions allowing him to travel out of state as long as he calls him before going out and upon return and he has to be back in the tri-state area within 24 hours. He's returned to work in July 2008.)
4) He doesn't have an up to date polygraph. (Ok...this is a biggie. They aren't requesting a polygraph that will ask questions on his conviction or therapeutic purposes, but of investigative purposes. Which is illegal. They want to ask him if he's committed any new crimes.)

As you can see...they were really reaching.....

My daughter went with us and was able to say her peace but when it came to my turn, I was grilled like a felon. Bombarding me with questions. I really felt dirty after leaving that place. Course, my husband's lawyer stated I answered the questions really well and even did a fantastic job on one question. The investigator asked me if I ever initiated a visit with his PO. Sorry, I laughed!!! So, instead of telling her why I really would never call his PO....I simply stated, "I have no reason to" which I haven't. But the fact remains, I don't trust him, I don't respect him. He's a liar, he wants to violate my husband so bad that eventually he's going to make something up. He even told the sheriff deputy who handles the registration that he would love to violate him. That's like telling the man..."Get me some dirt on him!" I thought PO's are supposed to make sure their charges walk the straight and narrow but at the same time be encouraging and supportive. HA!!!!!! He'd rather violate him, then shoot him in the back stating that he was trying to run. Not to mention, this same ass hole spent 45 mins trying to convince me not to marry my husband. State PO's aren't allowed to do that and I'm sure Feds aren't either. The whole purpose of parole is to allow these guys to get on with their life and improve their life. Not to mention the little personal remarks he makes to me when he visits...might not seem like much...but he's crossing the line. Remarks like..."oh, you've darkened your hair!" "Been out in the sun? You are really tan!" No, I don't trust him.

Needless to say, my husband is appealing. Again, not that its going to do any good. And then there is next year's term. hearing. I wonder what they will dig up by then?

Saturday, December 13, 2008

No Christmas This Year

My husband and I have decided we are not having Christmas this year. With my back injury and worker's comp not getting off any $$$ yet, we are way behind in bills and there is nothing left over. This will be the first year in all my 48 years that there will be no Christmas tree, no decorations, no nothing. With today's economy, how can anyone afford Christmas? What if you spent all that money on Christmas, and then the day after, you get laid off from work?

New development with my husband's ass hole of a probation officer. It wasn't enough that he forced my husband to register against Maryland State law once, now he had to go and register in a different county, the county that he works in. There is no such requirement in Maryland saying you must register in multiple counties. Why do such people as his p.o. be allowed to remain in their position. Oh...I forgot to mention, when my husband went to re-register with the Sheriff, was when he found out that he had to register that very day in the other county. Nothing from his P.O. If my husband hadn't gone in early to re-register for his 6 month requirement, he would have known nothing about having to re-register and his P.O. would have violated him and sent him back to jail. I, also need to mention that the Lt. who is in charge of the registration, also thinks this PO is an ass hole. He also told my husband that this PO told him "I would really love to violate this guy!" Bascially, he means..."Get me something on him so I can violate him and put his ass back into prison." Thank God the Lt. is a very fair person whose only requirement his that his registrants abide by the rules of the registration.

New development with my daughter. Her ex found out where her safe room was so we had to move her to another location. It is really sad that he remains free while she remains locked up with her fears. She had to change her cell phone number because she was getting hundreds of blocked phone calls a day. The justice system does not work in favor for the victims. They do not protect the victims or even give them hope. With his past history of assaulting women, he should have never been allowed to post bail. Not only is he harassing my daughter, he tried to run my husband off the road. And every so often, I still see a car parked across the street with their bright lights trained on my house. When my husband is at work, I go to bed at night with a baseball bat, a can of hair spray and a lighter. I figure if he does break in, he has to go through my 115 pound Belgium Shepherd. If he succeeds in getting by those big fangs, then I am going to have a surprise waiting for him. And believe me, I will not hesitate to do what I have to do to keep him from getting his hands on me.

My husband's annual parole termination hearing is this month. We know that the chance of him getting off supervised parole is slim to none, since his PO said it would never happen, but still we try. He's been appointed a new federal public defender. A young guy who was a very aggressive trial lawyer from New York. So while our chances are slim, the hearing should prove to be very interesting.

I think I've caught you up to date with my news. Don't forget to check out my interview. The site is posted in my previous blog. She did include a little about my husband's story on a side bar....so the interview was a success. (Just be warned...the picture of me is terrible. They wanted my serious side..lol)

So, in closing, How have you all been? Thanks to those who have continued to read my blogs and left me comments. I publish all comments, favorable or not. After all, this is supposedly a free country where you are entitled to your own pinion.

Catch My Interview

http://www.mddailyrecord.com/article.cfm?id=9227&type=UTTM

This link will lead you to my interview in the Daily Record, a Baltmore, MD newspaper. Let me know what you think.

Hope all is well with everyone.

Sandy