Never forget those who have died because of various sex offender laws.
Showing posts with label Homelessness. Show all posts
Showing posts with label Homelessness. Show all posts

September 5, 2016

Court: Homeless sex offenders still face 72-hour reporting despite 2006 rule change

9-5-2016 Arizona:

PHOENIX - A court ruling says an Arizona law intended to make it practical for homeless people to register as sex offenders only goes so far.

The Court of Appeals ( State v Burbey ) says a 2006 change to the state's sex-offender registration law requires homeless people to report their transient status at least every 90 days.

A man convicted of failing to report a residence change within 72 hours contended he didn't break the law because he was homeless and only had to comply with the 90-day reporting requirement.

72 hours is the time most sex offenders have to report a residence change. The 90 day ruling was originally intended to give homeless people more time in order to report a move.

However, the Court of Appeals says the man still violated the law by failing to notify authorities within 72 hours after leaving a halfway house.

The court says the law is intended to protect communities by tracking sex offenders' whereabouts as closely as reasonable practicable. ..Source.. by

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September 27, 2015

Manhattan Resident Develops iPhone App To Track Homeless People

9-27-15 New York:

Murray Hill has a quality of life problem. After growing worried about the neighborhood’s homeless population, residents started a Facebook group to share photos and report incidents they thought might affect public safety or general quality of life. The Village Voice’s Madison Margolin recounts how one of the group’s admins decided to go a step further and built an iOS app called NYC Map the Homeless, making it possible for residents to upload photos of homeless people tied to specific locations and tagged with labels such as “encampment,” “aggressive panhandling,” “NeedsMedicalAid,” and “Threat.”

The app’s creator, 25 year-old engineer David Fox, says he hopes it will bolster data about homeless people in the area. “I’m not living under the impression that completely ignoring homeless people and giving them privacy is somehow helping them live good lives or bringing us any closer to actually helping them,” he told Margolin.


Paradoxically, many residents blame service providers aimed at helping the homeless for the perceived jump in the homeless population. “You can’t just give people a meal and turn them loose on the streets until the next meal if those people are dangerous to the community or if they’re going to go out and urinate, defecate, masturbate, and have sex in public,” Janet Martin, a member of the Facebook group, told Margolin. “That isn’t right.”

Arguments like these point to a fundamental paradox of homelessness. If a person can be defined by their lack of a private residence, then every aspect of their life must, by axiom, take place in public. A person without a home has no choice but to urinate, defecate and masturbate outside of the home. These behavioral outcomes are made inevitable by the social disenfranchisement that comes from wealth. And efforts to criminalize these behaviors as assaults on the quality of life of others can be traced back to the joint development of modern government welfare programs and the lifestyle surveillance that accompanied them.

In a survey examining the American cityscapes over the last 50 years, University of Michigan professor Heather Ann Thompson and Rutgers University professor Donna Murch note how aid programs developed as part of the War on Poverty in the 1970s and 1980s were used as pretext for unannounced home visits to evaluate the living circumstances of aid recipients.

After that practice was abandoned in the mid-70s, a new kind of “redetermination program” was implemented, with scheduled appointments that relied on “forms of state and community surveillance that encouraged neighbors to report recipients as ‘welfare cheats.’” These programs often lead to counterintuitive outcomes in which ”many of the nation’s poorest people [were] subjected to prosecutions that left them further marginalized from the mainstream economy with little hope of legal employment.”

These strategies had been particularly effective at introducing social divisions in communities previously unified through mutual mistrust of the police. “In place of an antipolice violence coalition between African Americans and white gay radicals in the 1970s,” Thompson and Murch write, “by the 1980s and 1990s, gay politics instead centered on reforms, such as the recruitment of gay and lesbian police officers and the monitoring of hate crimes and antigay violence, that could more readily coexist with enhanced policing.”

“This paved the way for more recent conflicts, like that around Chicago’s ‘Take Back Boystown’ movement, that pit comparatively affluent white gays and lesbians against African Americans and other residents of color.”

The idea of “quality of life” emerged during this same period in the 1970s, first as a generalized measure for healthcare outcomes and later as a figurehead for the progressive politics underwriting the Wars on Poverty, Drugs, and Crime. In “Origins of the Concept of Quality of Life in Health Care: A Rhetorical Solution to a Political Problem”, David Armstrong and Deborah Caldwell of Kings College describe quality of life as a response to “a void created by the perceived narrow successes of high technology medicine.”

Technological developments in healthcare had made it possible to extend a person’s lifespan, but often at great expense and accompanied by substantial suffering. Quality of life measures became a counterweight to a singular clinical fixation on neutralizing disease by attempting to acknowledge the subjective experience of the patients.

Given this history, there’s a monstrous reversal of values in using quality of life as justification for community surveillance of the homeless. Instead of looking at the ways property and wages can create pathogenic ruptures between neighbors, quality of life arguments justify the criminalization of those suffering most from the dysfunctional politics of the rich. It turns people into vectors of poverty, suggesting their immiseration must have been caused by some pre-existing moral failure.

It’s not quality of life or public safety that’s being protected by civilian surveillance of homeless people, but the unjustifiable vanity that makes such judgements possible. Murray Hill is an expensive neighborhood, the kind of place where rent averages are separated by doorman buildings and non-doorman buildings, with a studio in the latter category going for between $2200 and $2300 a month. It’s also racially homogenous. The 2000 census said it was 76% white and more recent data from 2010 suggests it remains overwhemingly white. Like the Facebook group before it, Fox’s app is less a tool to help those suffering outside the locked doors of Murray Hill apartments than a catalyst for the immoral wealthy to displace their guilt onto a catalog of other people’s frailties.

The right to defecate is fundamental to human society, it’s not a pathology of unproductive lives. In Murray Hill a shitzu on a leash has more rights to a normally functioning digestive system than a human without a lease. This is an evil state of affairs, as mundanely invisible as car exhaust. It’s never enough to have more than another human being, wealth can never feel secure until it creates a moral narrative that justifies otherwise intolerable disparities.

Poverty becomes a personal failing, an aesthetic violation of the Calvinist symmetry between hard work and prosperity. Wealth, on the other hand, can never be personal, but is instead a sign of the divine order of a system working as it should for those fortunate enough to be aligned with it. In that way, NYC Map the Homeless is an augmented reality tool that makes it possible for the better-off to blame everyone else simply for being present. ..Source.. by Michael Thomsen

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August 14, 2011

Stop bringing sex offenders to Mansfield

See earlier article HERE
8-14-2011 Ohio:

The City of Mansfield should do all it can to reduce the number of sex offenders within its city limits.

It's laughable to read such a statement, but in a city that leads Ohio in sex offenders per capita, it's important to state the obvious.

Friday's cease and desist order against a new re-entry facility on Fifth Street is a good start.

The Community Residential Center was the latest unit boosting the city's reputation as a dumping ground for sex offenders.

The center opened quietly in July with funding from the Ohio Department of Rehabilitation and Correction. It promptly transferred three men from outside Mansfield into the home.

This is the same facility that occupied the now closed Crossroads Center for Change.

Michele Johnson, CEO of Nothing Into Something Real Estate Inc., which runs the place, said the goal is to give homeless ex-cons a place to live.

"When these guys come here, they've already done all of their time and could technically live wherever they wanted," Johnson said. "But if they're homeless, our organization tries to help get homeless people off the streets."

It sounds noble.

But a closer look shows everyone at the facility is from outside of Mansfield, transferred here from Cleveland, Columbus or out-of-state.

We have to ask why we are importing homeless sex offenders to a county with one of the highest unemployment rates in the state?

This is a plan that doesn't make sense to anyone -- especially Mansfield's former police Chief Phil Messer, who has been outspoken against the new facility.

In a letter to Carlo LoParo, spokesman at the Ohio Department of Rehabilitation and Correction, Messer states: "We just worked out issues with (Volunteers of America's) Sex Offender Treatment Program following the expansion of their program as a result of the closure of Crossroads. Now you have granted additional funding to fill these locations with more offenders, none of which, to date, are from our area."

City leaders must take a pro-active approach to halt not just this facility, but any others that look to Mansfield. ..Opinion.. of Phil Messer

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July 11, 2011

Michigan Supreme Court: Homeless sex offender must register

Its a sad day when courts READ INTO the LAW, that which is not in the law and which any reasonable man would not do.
7-11-2011 Michigan:

ANSING, Mich. (AP) — Sex offenders must register and tell law enforcement where they can be found, even if they are homeless, the Michigan Supreme Court ruled Monday.

The court overturned a lower court ruling that a homeless sex offender shouldn't be punished for not registering an address or giving his whereabouts to law enforcement. Its four Republican members signed the majority opinion, sending the case back to Ingham Circuit Court.

"The Legislature intended SORA (Sex Offender Registration Act) to be a comprehensive system that requires all sex offenders to register, whether homeless or otherwise," Chief Justice Robert Young Jr. wrote in the opinion. "An offender's homelessness in no way prevents that offender from physically entering a law enforcement agency" and reporting where he's living.

The three Democratic justices dissented, saying the majority's opinion "defies" common sense.

"Defendant had no 'residence' as that term is used in SORA. He had no habitual place at which to sleep. He had no place at which he kept his personal effects. Nor did he have a regular place of lodging," Justice Marilyn Kelly wrote for the minority. "A park bench, highway underpass or steam grate may qualify as a place where a homeless individual sleeps, but they hardly qualify as a 'regular place of lodging' under the statute."

The case involves Randall Dowdy, who visited a Lansing shelter off and on until 2006, when he was told he could no longer go there because he was a convicted sex offender. While living on the streets, he was charged with violating the Sex Offender Registration Act for not telling police where he was living.

An Ingham County judge dismissed the charges against Dowdy in 2008. The Court of Appeals upheld the dismissal, reasoning that a homeless person doesn't have what is considered a residence.

In Monday's opinion, the majority said the definition of "residence" merely contemplates a "place," and that Dowdy had a legal duty under the law to report that place to police. The minority said the law required him to report his "residence" or "domicile," which it said he didn't have.

Legislation requiring homeless sex offenders to notify police when they change where they are staying passed the Michigan Senate last year but failed to pass the House. ..Source.. by KATHY BARKS HOFFMAN

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November 19, 2010

Wis. appeals court rules in favor of sex offender

11-19-2010 Wisconsin:

MADISON, Wis. — Homeless sex offenders in Wisconsin don't have to provide the state with an address of where they intend to live when they exit prison because they don't have one, a state appeals court ruled Thursday.

The 4th District Court of Appeals ruled in the case of William Dinkins Sr., who was convicted of violating the law that requires sex offenders to provide their place of residence at least 10 days before being released from prison.

Dinkins, 58, was convicted of first degree sexual assault of a child in 1999 and sentenced to 10 years in prison. As his release date neared in 2008, he had no place to stay and therefore couldn't provide an address to comply with the sex offender registry law. The state argued that he could have given the address of the nearest place he planned to sleep, like a park bench.

But the appeals court rejected that argument, saying a park bench doesn't equal a residence.

The state also argued that sex offenders could attempt to get around the reporting requirement and claim they have no place to live. But the court, in a unanimous opinion, said the number of sex offenders like Dinkins who are subject to the registration law and not on supervision upon release and unable to find a place to live would be "relatively small."

As of Thursday there were 21,637 on the sex offender registry, including 5,712 in prison.

The appeals court encouraged the Legislature to fix what the court described as a gap in the sex offender registry law.

Department of Corrections spokesman Tim Le Monds said the court's ruling was being reviewed and more time was needed to discuss its potential impact with the Department of Justice. DOJ spokesman Bill Cosh said the department was reviewing whether to appeal to the Supreme Court and its recommendations for the Legislature.

The court reached a logical result given that Dinkins had no place to live and couldn't provide that information, said Joe Ehmann, an assistant public defender whose office handled the case.

"This is really just a common sense ruling," Ehmann said. ..Source.. by SCOTT BAUER

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November 6, 2010

Homeless Sex Offender Says He Can't Register

Study closely what the State's attorney is suggesting, he says, "the offender could ..." in other words he is trying to get the court to read into the statute, a requirement by the offender, to personally construe the words of the statute in any manner that makes the state happy. If it is true, that offenders must construe the law, here it seems the offender did just that, and there wasn't sufficient in the statute for a reasonable man to come to the conclusion like the State's attorney wanted. I've always said, if it takes a Judge and two lawyers to figure out what the law says, the Defendant is innocent!
11-6-2010 Michigan:

The Michigan Supreme Court heard arguments Friday in a case that involves a homeless sex offender.

Convicted sex offenders are required to register their address with the state police and make note of any change of address within ten days. But Randall Lee Dowdy says he could not do that because he was homeless.

Friday prosecuting attorney Terrence Dean appealed a decision to dismiss charges against Dowdy.

After being kicked out of a Lansing shelter in 2003 Dowdy was arrested for not registering his address with police. But his attorney Christine Payjeck argues that was impossible for him to be able to do.

"Homeless people don't have homes. They don't have residences as defined by the statute," said Payjeck.

The circuit court agreed, dismissing Dowdy's case and the charges against him. But prosecutors disagree.

"Our statute, unlike some statutes does not use the word address," said Dean.

Officials say Dowdy and other homeless sex offenders can establish a residence to report.

"How a homeless sex offender would be able to comply with the statute is if they live in a general area, they, they move out of that area, within ten days they would have to inform local law enforcement of the new general area," said Mark Sands, Michigan Attorney General's Office.

Justices listened closely to arguments and asked detailed questions. After short rebuttals by both sides the hearing came to a close.

The final outcome is now in the hands of the Michigan Supreme Court to decide.

Prosecutors argue homeless sex offenders can establish residency citing a general area. That's what happens when the homeless register to vote.

However, Dowdy's attorney says lawmakers should revamp the law to include specific instructions for homeless sex offenders. ..Source.. by WLNS.com

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