Sex Offenders Face Housing Maze After Prison Release

1-23-17 National:

A combination of prison policies, restrictive laws and a lack of housing support has kept many New York sex offenders in prison conditions for months or years after they’ve served their time.

As previously reported by the Marshall Project in a story that appeared at City Limits, a lawsuit filed by a group of offenders last year contends that the state is illegally detaining sex offenders beyond the end of their sentences. In addition to detaining offenders beyond the terms of their sentences, the complaint alleges that the state is mislabeling parts of its prisons as “Residential Treatment Facilities.” Ideally an RTF is a sort of halfway house between prison and community supervision. But in fact, the lawsuit says, the state is holding offenders in the same conditions and restrictions as prison.

The problem, however, runs deeper than the detention policies themselves. A mix of legal, political and fiscal constraints make it extremely difficult to find a place for sex offenders who have paid their debt to society to live.

“The New York corrections law requires that a Residential Treatment Facility be a community- based residence in or near a community where employment, educational and training opportunities are available for persons on parole or conditional release. These facilities are simply not by any stretch of the means community based residences,” says Matthew Freimuth, a lawyer for the offenders. Lawyers from Prisoners Legal Services, New York Legal Aid; and Willkie, Farr and Gallagher LLP represent the offenders.

The lawsuit alleges that New York State has, without legal authority, declared sections of several correctional facilities, including Fishkill and Woodbourne Correctional Facilities, as Residential Treatment Facilities (RTFs) in order house offenders after they have served their time.

“Fishkill houses 1,900 inmates,” he says. “It has a razor-wire topped fence, cell blocks. These petitioners who are supposed to be in RTFs wear the prison green, share the same exercise hall. They’re treated as if they were the same as the general population.”

New York State law allows for sex offenders to be housed in RTFs for up to six months following the completion of their prison sentences. Following that period of six months, the state does not have the authority to continue to detain offenders. It must release the offenders to community supervision. The lawsuit alleges that the state of New York is unlawfully holding these men beyond the “maximum expiration date” of their sentences. The suit alleges that in two cases, offenders were unlawfully detained for more than a year.

In Alcantara v. Annucci, the petitioners allege that the state has overstepped its legal boundaries by converting correctional facilities into RTFs and that the state and New York City have failed to adequately provide legally mandated assistance to offenders who are looking for housing as they approach and are held beyond their release dates.

“The petitioners are given no programs that really allow any sort of meaningful interaction with anybody from the community. Requests that they’ve made to work outside the facility are routinely denied. They don’t have any opportunity to leave the facility,” says Freimuth. “It’s not really meaningfully community based.”

Both sides of the dispute estimate that 85 to 100 sex offenders are currently held in RTFs at state corrections facilities. While the state would not comment on pending litigation, a spokesperson for the Department of Corrections and Community Supervision (DOCCS) says the men are not being held indefinitely, only until they can find a bed in a compliant shelter. ..Continued.. by Shane English

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Overcoming housing barriers for sex offenders

4-2-2013 National:

Sex offenders remain some of the most difficult to place in the labor market

Release into the community from a correctional setting is a daily struggle, even when you have only been incarcerated for a short period. Many of the responsibilities and basic needs that were met while in the community are often much harder to gain back with a criminal background.

Policies regarding employment and housing of ex-convicts vary from state to state. There are varying perceptions in the philosophy of continued punishment, or allowing for those barriers to be overcome.

In addressing the constant and growing problem of the parolee population in terms of employment and housing, sex offenders remain some of the most difficult to place in the labor market. Finding appropriate and suitable housing in terms of their parole stipulations and landlord’s willingness to rent to current and prior felons remain some of the key issues.

Meeting parole requirements and other issues
Sex offenders often have additional parole stipulations, which make it even more difficult for them to find stable housing. Even if stable housing is found, it’s most likely found in a dangerous or crime-infested neighborhood, decreasing their chances for success in the community. Housing for sex offenders should be utilized through Prisoner Re-entry programs; the community as a whole needs to work with these organizations.

Typically, private landlords and transitional housing programs can alleviate the pressure on sex offenders in finding more stable housing. Also, working with parole agents who supervise these sex offenders can help establish an acceptable or felony-friendly housing list, which should be maintained by the parole agent, the landlords, or the non-profit organizations who provide the housing services.

Addressing parole stipulations is also important in understanding what barriers exist in sex offenders search for suitable housing. Typically, sex offenders are required to register at their local police and/or sheriff’s department quarterly and to register any new addresses, cars, places of employment, email addresses, and phone numbers.

This population also can only reside within a certain amount of feet from a school or playground. What I have seen is a sex offender must not reside with 1,000 – 2,000 feet of any school or playground.

Parole agents are the ones responsible for the housing placement of sex offenders and if proper housing is not located, they must remain in jail as is it against the law for them not to have an address. Homeless shelters now have been the main focus in the media due to varying concerns that sex offenders are staying their temporarily.

Some of these homeless shelters are within the 1,000 – 2,000 foot range of schools and parks set forth by most parole conditions amongst the sex offender population, however some judges have managed to set forth precedence allowing them to stay at the shelters.

A final issue with the residing within a school zone or park rule is that some schools or parks may even be closed, thus creating a need for exceptions to the rule to be made. If schools and parks are closed and there is no activity in the area from minors or families, why should this prevent them from residing within that area?

Working together to find solutions
It’s apparent after reading this article that the community as a whole needs to work together to provide housing resources to sex offenders re-entering the community.

Non-profit organizations, parole agents, private landlords, and church organizations are examples of community members that can help alleviate the pressures of those entering the community seeking stable and affordable housing.

Prisoner Re-entry programs in general need to address this concern regarding sex offenders as this will become a growing problem, especially since most of them will be released in the near future after serving a long sentence. ..Source.. by Robert Carter who is a PhD candidate at Capella University where his area of specialization is Corrections & Public Safety Leadership. He was awarded a Master of Science degree in Criminal Justice from the University of Cincinnati and a Bachelor of Science degree in Criminology from Indiana State University. During his career Robert has held a variety of roles including Adjunct Instructor, Research Associate, Correctional Officer, and Law Intern.

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Ruling upholds Arizona real estate law that existence of nearby sex offenders can be withheld

11-27-2012 Arizona:

PHOENIX — A court ruling upholds an Arizona law that says home sellers don't have to tell buyers that a sex offender lives nearby, but it also says lying about it could be fraud.

The Arizona Court of Appeals ruling Tuesday stems from a lawsuit filed by a couple who didn't know an offender lived next to the home they bought.

The couple said they should have been told about the offender and that the sellers lied about why they wanted to move.

The ruling says a judge correctly dismissed most of the case because Arizona law says sellers don't have to disclose certain things, including that a sex offender lives nearby.

But the ruling sends the case back to trial court to consider whether the sellers engaged in fraud. ..Source.. by PAUL DAVENPORT

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Offender housing good news to 1 group

8-12-2011 Ohio:

MANSFIELD -- A new transitional housing unit is causing controversy in the city, but members of Ohio Reform Sex Offender Laws were pleased to open the local center.

The Residential Community Center, a 21-bed facility offering support to homeless sex and other offenders who have served all their prison time, opened at 303 W. Fifth St. on July 1.

"Someone sent me the story with all of these people complaining and I thought, 'Oh my God. Here we go again,' " said Mary Kendall, a member of the ORSOL, noting her disgust with Interim Service Safety Director Phil Messer's previous comments against the facility. "He is perpetuating the stranger-danger sex offender myth."

According to the ORSOL website, its goals include educating the public about sex offenders, reforming existing sex offender laws and abolishing registries.

"The registries don't help anything and they just create more panic," Kendall said.

Kendall said only 8 percent of sex offenders return to prison for new sex offenses. She said 14 percent return to prison for a non-sexual crime.

"But that's based on ones who have gotten caught," said Connie Walls, records supervisor for the sheriff's office. "If you don't get caught, it's not going to be counted."

Walls said residents have the right to be concerned about a facility like the Residential Community Center.

"Let's face it: A lot of people count on their neighbors to watch their children, too -- but in this day and age, it doesn't seem like you'd want to do that anymore," Walls said.

Walls said there are 366 sex offenders, including juveniles, residing and registering in Richland County.

There are 532, counting those incarcerated.

The Community Residential Center is operated by Nothing Into Something Real Estate Inc. The facility is licensed and funded by the Ohio Department of Rehabilitation and Correction.

Michele Johnson, CEO of NISRE, did not return calls Wednesday or Thursday. ..Source.. by Jami Kinton, News Journal

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Are living restrictions for sex offenders the answer?

Its time to make lawmakers prove their purpose is public safety and not further political punishment!

5-2-2011 Oklahoma:

NO one wants to be caught defending sex offenders. But what if continuing to prosecute them does more harm than good?

Lawmakers are considering a bill that would further restrict where sex offenders can live. The bill was requested by Oklahoma City police officials who are concerned about a mobile home park that's housing sex offenders.

Hands-Up Ministries uses the 14-acre mobile home park to provide housing for sex offenders who have jobs and are trying to re-establish their lives. Three offenders share a three-bedroom mobile home and must receive regular treatment in addition to keeping a job.

Rep. Colby Schwartz, R-Yukon, said police want to clarify an existing law that was designed to keep sex offenders from living together. Police said such arrangements make it more difficult to investigate potential criminal allegations. House members gave easy passage to Senate Bill 852, which now goes back to the Senate.

Police concerns are understandable. But this case also presents an opportunity to question whether laws restricting where sex offenders can live are effective in protecting the public.

Having sex offenders who are out of compliance with the terms of their release and living together is undoubtedly a bad idea. But we're among those concerned that housing restrictions could have the side effect of persuading convicted sex offenders not to register as required by law. That would be dangerous.

Sex offenders are prohibited from living near parks, schools and day care centers. That makes it difficult for them to live in metro areas dense with such places and where jobs are more available.

“Across the country, studies are not showing changes in sex crime rates can be attributed to those policies,” Jill Levenson, a professor at Lynn University in Boca Raton, Fla., told the Miami Herald last year at the five-year anniversary of a young girl's death that prompted more sex offender restrictions.

Experts also have pointed out that most sex offenders are family members or family acquaintances — not the man or woman who lives across the street.

In this case, it was suggested the ministry could simply build dormitories that meet the law's requirements. The ministry director fears the law could put him out of business or result in the men staying in tents on the property because they need to keep a job. “The only way they can do that is if I help them.”

Lawmakers should typically listen to law enforcement officials, whose boots-on-the-ground experience is critical to making good policy. But they shouldn't ignore bigger questions about whether policy is having its intended effect or perhaps needs fine-tuning in order to consider whether separate restrictions should apply depending on the offender's crime. ..Source.. by Oklahoman Editorial

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Oklahoma House OKs bill targeting sex offenders' housing

This is a perfect example of Legislative Vigilantism. The Ministry has found a way to keep registrants compliant with all of their needs, and lawmakers come along and break it up with a nonsensical "you can't live together" law. What are Lawmakers reason, are they afraid of a Army developing, I cannot think of a logical reason to break up what this Mission is doing. This is not about code-type violations this goes to the heart of the Mission. I wonder if the law -in this case- violates religious prohibitions found within Constitutional law.

4-28-2011 Oklahoma:

The measure would break up a south Oklahoma City mobile home park where more than 250 men who are registered sex offenders live.

The House approved a measure Tuesday intended to break up a south Oklahoma City mobile home park where more than 250 men who are registered sex offenders live.

David Nichols, founder, president and executive director of Hand Up Ministries, said in an interview that he would talk with his attorneys about how the measure would affect his Christian prison ministry.

“I'm sure we'll try to file an injunction first,” Nichols said. “The worst — I'll just have to move them out into tents. I'll offer to let them stay on the property if they want to because they've got to keep a job. The only way they can do that is if I help them.”

Residents are required to have jobs and to get regular treatment at the mobile home park, he said. Three sex offenders are placed in three-bedroom mobile homes at his mobile home park, 2130 SE 59. They pay $400 a month to live in the mobile homes.

Most live in 69 three-bedroom mobile homes in his 14-acre park, Nichols said. The park also has 50 travel trailers, which are set aside for new arrivals; as space becomes available, they move into an available mobile home, he said.

The House voted 72-10 to pass Senate Bill 852. It now goes to the Senate.

Rep. Colby Schwartz, R-Yukon, House author of the measure, said the Oklahoma City Police Department requested the bill to clarify an existing state law that was intended to keep convicted sex offenders from living together.

Having sex offenders live in the same dwelling also makes it difficult for police when investigating a crime to determine who possesses evidence found in the living unit, he said.

SB 852 would define a multiunit structure in which registered sex offenders are allowed to reside as a structure with multiple residential units that provide independent living facilities for living, sleeping, cooking, eating and sanitation within each individual unit.

It also would prohibit anyone to lease space to registered sex offenders in dwellings where they would reside together. It would be a misdemeanor, but after a third violation, it would be a felony.

Rep. Ben Sherrer, D-Choteau, argued against the bill, saying the prison ministry is providing living accommodations for sex offenders who often can't find decent housing.

“It does a good job serving that need,” he said.

Sex offenders are prohibited from living close to parks, schools and day care centers.

Schwartz said about 20 residents at the mobile home park are sex offenders from out of state. If his measure would become law, the ministry could build appropriate dormitories instead of charging sex offenders to live in cheap mobile homes, he said. ..Source.. by MICHAEL MCNUTT

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