Never forget those who have died because of various sex offender laws.
Showing posts with label (. SORNA - Classification System. Show all posts
Showing posts with label (. SORNA - Classification System. Show all posts

January 28, 2011

PBSO looking at sex offenders under new light to determine risk of new crimes

Only with research involved will classifications result in a realistic result. And, notice which researcher is involved: Jill Levenson, Lynn University.
1-28-2011 Florida:

The Palm Beach County Sheriff's Office is combing through its hundreds of sex offender records to identify who is most likely to commit another sex crime. Those few will be getting additional scrutiny, deputies said.

With a $150,000 grant from the U.S. Department of Justice, deputies are working with Lynn University Bachelor's, master's & online degrees academics to develop the checklist.

As the overall population grows, so does the number of sex offenders, the Sheriff's Office said. The sex offender population here, now with nearly 900 individuals, has nearly doubled since 2000, deputies said.

About 600 offenders will be analyzed at Lynn, sheriff's Sgt. Mark Jolly said.

Not included in the list's criteria for reoffending are women, child pornography convicts and offenders convicted of consensual statutory rape.

"We'll be able to target those individuals who are more of a threat to the community," Jolly said. "It will change how we respond now [by] doing some surveillance and having a closer look at some offenders."

The project should be completed by the end of the year, he said.

The 10-question form focuses on men who were 18 or older when released from prison. The form, which also is used by the state Department of Children & Families, was created in 1999 by R. Karl Hanson, a senior research officer with Public Safety Canada, and David Thornton, a director at a sexual-violence treatment center in Mauston, Wis.

The Palm Beach County Sheriff's Office likely is the first law enforcement agency in Florida to use the list, said Jill Levenson, a clinical social worker at Lynn University working on the project.

The assessment, she said, is much like questions asked by car insurance agencies to determine risks of drivers. And just like "at-risk" drivers, just because a sex offender appears more likely to reoffend, doesn't mean he will, Levenson said.

"It's obviously not a perfect system. You can't predict whether a person will reoffend," she said. But "you can't supervise 600-700 sex offenders all the same. It's unrealistic. You can't expect it and it's not necessary. We're trying to pool the resources."

After assessments are done, each high-risk case will be reviewed by deputies, researchers, treatment providers and victim advocates to determine if the offender is a potential risk. Those at risk of committing new crimes will be offered free counseling, which is funded by the grant, but also will be under the watchful eye of deputies.

In realty, only a few people are likely to reoffend, Levenson said.

"The majority of sex offenses are committed by a small number of predatory or pedophilic offenders," Levenson said. "The [form] is a risk-assessment instrument that has been validated across dozens of studies.

"By following large groups of sex offenders over long periods of time, the characteristics of those who do reoffend are observed to see which factors lead to increased risk."

Deputies routinely check on sex offenders two to four times a year, Jolly said.

Jennifer Dritt, executive director of the Tallahassee-based Florida Council Against Sexual Violence, said a homogenized approach is fine for risk assessment. It's the treatment that needs an individualized approach.

"When you look at risk and recidivism, there're some pretty clear indicators of risk," Dritt said. "It makes the most sense to use the tools supported by research to identify the most dangerous offenses." ..Source.. by Jerome Burdi, Sun Sentinel

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December 20, 2010

Another sex offender wins appeal

12-20-2010 Ohio:

LISBON - A ruling earlier this year by the Supreme Court of Ohio regarding sex offender reclassifications has resulted in another sex offender winning his appeal and having his civil case sent back to Columbiana County.

Larry A. Cechura, 42, of Washington Street, Salineville, was one of several convicted sex offenders who challenged the constitutionality of a portion of Ohio's Adam Walsh Act, which resulted in the state automatically changing their classifications to more stringent requirements.

The reclassifications which lengthened reporting requirements in some cases came after the offenders had already been in court and faced a judge, in effect, overturning court action.

The Supreme Court ruled the move by the state in those cases was unconstitutional, resulting in the state reversing the action and reinstating the original sex offender classifications. The ruling didn't affect registrations determined after the new classification system was put in place.

The high court ruled the reclassifications violated the separation-of-powers doctrine, which means legislative action can not overturn court action.

A Common Pleas Court jury convicted Cechura of sexual battery, a third-degree felony, and sexual imposition, a third-degree misdemeanor, in 1999. He was sentenced to four years in prison and 60 days in the county jail, with the terms to be served at the same time. He was also named a habitual sexual offender, but that was reduced to sexually oriented offender status in 2001, meaning he had to register his address with the Sheriff's Office for 10 years after his release from prison.

When he was reclassified by the state in 2007, he was given more stringent reporting requirements and filed a lawsuit against the state. Many of the cases were stayed pending a ruling by a higher court. Once the 7th District Court of Appeals found the reclassifications weren't unconstitutional, the Common Pleas Court judges followed suit and denied the constitutional challenges.

Cechura appealed the Common Pleas Court ruling to the 7th District Court of Appeals, which cited this year's decision by the Supreme Court as the reason for overturning the lower court's decision.

Cechura's classification had already been switched back to sexually oriented offender. He's currently listed on the county sheriff's web site as a registered sex offender.

Court documents said Cechura had sexual contact with a woman and a female juvenile in 1998.

His civil case over the reclassification will be reviewed in Common Pleas Court. ..Source.. by MARY ANN GREIER, Staff Writer

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December 14, 2010

Judge to reconsider sex offender’s reclassification

12-14-2010 Ohio:

LISBON - A sex offender who challenged his reclassification to more stringent reporting requirements when he's released from prison has won an appeal to have his argument reconsidered.

Nicholas Melendez, 55, formerly of Salem, was one of several sex offenders who filed civil cases in Columbiana County Common Pleas Court a few years ago after the state automatically reclassified sex offenders to comply with a federal law which increased reporting requirements.

The sex offenders were challenging the constitutionality of the state's action and wanted the court to reduce their requirements back to how they were originally classified at sentencing. The federal law increased reporting requirements, extending the reporting time, and placing more offenses under the reporting requirements.

The law also changed the classification for some defendants who had already been sentenced, requiring them to do more or report for a longer period of time.

Melendez remains in prison, serving an eight-year sentence for two counts of rape, a first-degree felony. He entered a guilty plea to the charges in 2007 and was designated a sexually oriented offender, meaning he had to register once a year for 10 years after his release. Court documents said the offenses involved a 12-year-old girl who was assaulted at a Cunningham Road residence outside Salem in 2006.

He received notification that the state was reclassifying him under the new standards, requiring a higher level of classification and longer reporting requirements. After he filed his challenge, many of the cases were stayed pending a ruling by a higher court. Once the 7th District Court of Appeals found the reclassifications weren't unconstitutional, the lower courts followed suit and denied the constitutional challenges, although Judge C. Ashley Pike of Columbiana County Common Pleas Court gave them the opportunity to request a hearing.

Melendez requested a hearing and argued the reclassification was void for vagueness, but Pike upheld the reclassification and overruled his motion for reconsideration.

Melendez appealed the decision and the 7th District Court of Appeals ruled last week that part of his argument had merit, based on a new ruling this year by the Supreme Court of Ohio which found Ohio's action of reclassification unconstitutional.

The court ruled the Ohio attorney general's reclassification of defendents who had already been classified by courts as a violation of the separation-of-powers doctrine, meaning legislative action can not overturn court action. ..Source.. by MARY ANN GREIER

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August 6, 2010

North Dakota gets 2nd extension on compliance with national sex offender website (Adam Walsh Act)

CLassifying sex offenders, who will win! The legal fiction if the Adam Walsh Act -OR- reality which many states prefer. SOmething must be said for the states, if they have proved -via studies- that recidivism has been checked -even if just a status quo- then they must win the argument. Do not mess with it, unless it is broken, and there is no proof it is broken!
8-6-2010 Washington DC:

WDAY TV) - The law created the Dru Sjodin national sex offender website named after the UND student who was kidnapped and killed nearly 7 years ago. So why isn't North Dakota following it?

The state got it's 2nd of two allowed extensions earlier this month, putting off for another year compliance with the law setting national standards for sex offender registration. North Dakota’s Attorney General says it's about a difference of opinion, mainly in how sex offenders are assessed for risk.

Stenehjem says there's not a one size fits all federal approach. The penalty for not complying will cost North Dakota $78,000 dollars each year.

“Whether it is worth $78,000 dollars to make our state less safe and to give our citizens less information about sex offenders, and in my view, it's not worth that sum of money.”

Stenehjem says the state is in 99 percent compliance. He says he's talked to justice department officials who say their hands are tied. Senator Byron Dorgan says he understands many states feel they have a better way to deal with sex offenders, but that can be addressed after they come into compliance. ..Source.. by WDAY Staff Reports

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