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	<title>Comments on: Sex offenders on probation: setting them up to fail</title>
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	<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/</link>
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	<pubDate>Sat, 22 Nov 2008 10:15:09 +0000</pubDate>
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		<title>By: Veronica</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-41632</link>
		<dc:creator>Veronica</dc:creator>
		<pubDate>Mon, 20 Oct 2008 22:49:22 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-41632</guid>
		<description>My husband has been on probation for 3 years for a injury to a child which was reduced from indecency to a minor, holding a maximum sentence of 10 years and registering as a sex offender non expiring. There were witnesses to a allegation and all witness including the victim stated that it was not true, but the victim's father pressed the charges and was put in prison after his daughter admitted to lying. The time passed and the state picked up the charges. My husband has been doing everything he is supposed to on probation but here in the last month, he was made to move out and could have no contact with our daughter which is daddy's little girl. After 9 years of unsuccessful pregnancies and the one that did happen, now he is hurt in the worst way by being away from his angel. If anyone can help or has any advice to get thru this we are willing in any way, even retrying the case and paying what money we can if that is an option.</description>
		<content:encoded><![CDATA[<p>My husband has been on probation for 3 years for a injury to a child which was reduced from indecency to a minor, holding a maximum sentence of 10 years and registering as a sex offender non expiring. There were witnesses to a allegation and all witness including the victim stated that it was not true, but the victim&#8217;s father pressed the charges and was put in prison after his daughter admitted to lying. The time passed and the state picked up the charges. My husband has been doing everything he is supposed to on probation but here in the last month, he was made to move out and could have no contact with our daughter which is daddy&#8217;s little girl. After 9 years of unsuccessful pregnancies and the one that did happen, now he is hurt in the worst way by being away from his angel. If anyone can help or has any advice to get thru this we are willing in any way, even retrying the case and paying what money we can if that is an option.</p>
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		<title>By: Mary</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-36041</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Tue, 29 Jul 2008 12:39:37 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-36041</guid>
		<description>Read my son's story this is why the registry can no longer be used as a tool in this country to protect children as its too full of teen cases, children and cases where there is no victim. sking someone if they are a virgin is internet soliciting under many state laws now. www.rickyslife.com At 16 Ricky had consensual teen sex with a young lady who lied and now he is a aggravated lifetime offender. The real threats can hide among faces like his. some sites to check out www.soclear.org or www.rightsandlaw.net  or www.cfciowa.org  or www.sosen.us</description>
		<content:encoded><![CDATA[<p>Read my son&#8217;s story this is why the registry can no longer be used as a tool in this country to protect children as its too full of teen cases, children and cases where there is no victim. sking someone if they are a virgin is internet soliciting under many state laws now. <a href="http://www.rickyslife.com" rel="nofollow">http://www.rickyslife.com</a> At 16 Ricky had consensual teen sex with a young lady who lied and now he is a aggravated lifetime offender. The real threats can hide among faces like his. some sites to check out <a href="http://www.soclear.org" rel="nofollow">http://www.soclear.org</a> or <a href="http://www.rightsandlaw.net" rel="nofollow">http://www.rightsandlaw.net</a>  or <a href="http://www.cfciowa.org" rel="nofollow">http://www.cfciowa.org</a>  or <a href="http://www.sosen.us" rel="nofollow">http://www.sosen.us</a></p>
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		<title>By: Jean Calip</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-35957</link>
		<dc:creator>Jean Calip</dc:creator>
		<pubDate>Mon, 28 Jul 2008 05:50:12 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-35957</guid>
		<description>PS:  I found your article because of the latest article on "Hold your breath, Prison Desegregation to begin".  My husband landed in the first overcrowded CA state prison to be desegregated.  For the last - almost three weeks, the blacks and Mexicans have been on lock down with no going out on the yard, no telephone to loved ones, no canteen, no visits. The newspapers are not covering the real story taking place at this moment. Which side of this desegregation ruling is asking for a boiling point of rebellion??</description>
		<content:encoded><![CDATA[<p>PS:  I found your article because of the latest article on &#8220;Hold your breath, Prison Desegregation to begin&#8221;.  My husband landed in the first overcrowded CA state prison to be desegregated.  For the last - almost three weeks, the blacks and Mexicans have been on lock down with no going out on the yard, no telephone to loved ones, no canteen, no visits. The newspapers are not covering the real story taking place at this moment. Which side of this desegregation ruling is asking for a boiling point of rebellion??</p>
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		<title>By: Jean Calip</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-35956</link>
		<dc:creator>Jean Calip</dc:creator>
		<pubDate>Mon, 28 Jul 2008 05:36:01 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-35956</guid>
		<description>Just found your article - but better late than never to tell our story...
My new husband was arrested 30 years ago for a sex offense.  He was young and scared and admitted anything accused of (a lot now on the internet that is not true) so he didn’t have to drag the woman into court for more trauma. He committed the crime, he served his time, went through all you described for his parole.
He married, had three beautiful children, became a Pastor and lived within a half mile from parks and schools all those years. He was a registered high school basketball referee.  All that time with no sexual complaints of any kind. Living in LA deep in the heart of drugs, he succumbed when depressed  - which got him arrested and he lost everything
On release and again on parole (not probation) he found  himself under Jessica’s Law which unbelievably is retroactive as described in the article.  He started in community college and was doing wonderful looking forward to starting a new life as a counselor to help others.  
After we were married, the law went into affect and he had to register as a transient (LA has no where to legally live), had to wear a GPS – which is a nightmare, call his parole agent once a day, register at the Court House once a week (which took up to four to five hours every time) and jump whenever told to report to the parole office.  All this lead him to lose his job.  He had a minor non-victim violation of parole and is now back in prison. 
When released, the revolving door will begin all over again. What a waste of a life.  Why aren’t drug dealers on the internet?  Why don’t they have to live under Jessica’s Law?  They harm dramatically more children, teens, and adults than any one-time sex offender ever has harmed.</description>
		<content:encoded><![CDATA[<p>Just found your article - but better late than never to tell our story&#8230;<br />
My new husband was arrested 30 years ago for a sex offense.  He was young and scared and admitted anything accused of (a lot now on the internet that is not true) so he didn’t have to drag the woman into court for more trauma. He committed the crime, he served his time, went through all you described for his parole.<br />
He married, had three beautiful children, became a Pastor and lived within a half mile from parks and schools all those years. He was a registered high school basketball referee.  All that time with no sexual complaints of any kind. Living in LA deep in the heart of drugs, he succumbed when depressed  - which got him arrested and he lost everything<br />
On release and again on parole (not probation) he found  himself under Jessica’s Law which unbelievably is retroactive as described in the article.  He started in community college and was doing wonderful looking forward to starting a new life as a counselor to help others.<br />
After we were married, the law went into affect and he had to register as a transient (LA has no where to legally live), had to wear a GPS – which is a nightmare, call his parole agent once a day, register at the Court House once a week (which took up to four to five hours every time) and jump whenever told to report to the parole office.  All this lead him to lose his job.  He had a minor non-victim violation of parole and is now back in prison.<br />
When released, the revolving door will begin all over again. What a waste of a life.  Why aren’t drug dealers on the internet?  Why don’t they have to live under Jessica’s Law?  They harm dramatically more children, teens, and adults than any one-time sex offender ever has harmed.</p>
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		<title>By: j.c.</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-35944</link>
		<dc:creator>j.c.</dc:creator>
		<pubDate>Mon, 28 Jul 2008 00:10:50 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-35944</guid>
		<description>WHAT CAN WE DO ?  This is a good place to air out your opinions, where can we go to change this, where do we start?</description>
		<content:encoded><![CDATA[<p>WHAT CAN WE DO ?  This is a good place to air out your opinions, where can we go to change this, where do we start?</p>
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		<title>By: Mark from Jersey</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-34713</link>
		<dc:creator>Mark from Jersey</dc:creator>
		<pubDate>Tue, 08 Jul 2008 23:44:12 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-34713</guid>
		<description>Things are going to get interesting soon as the U.S.A.G. has released the Final Guidelines on how the States are mandated to impose SORNA:

Anyone that has committed a sex-based offense with a "possible" prison term of over (1) year, &lt;b&gt;even if no time was served&lt;/b&gt;, will have to register for life (Tier III) or (25) years (Tier II) even if they &lt;b&gt;were not "convicted"&lt;/b&gt;, even if they have never had to register before... I.e. people with a "deferred adjudication" whose conviction was "sealed", "expunged", whatever... as long as there was a &lt;b&gt;sentence imposed&lt;/b&gt;:

(Directly from the Final Guidelines, p.82: "&lt;i&gt;For example, SORNA’s requirements remain applicable if a jurisdiction has a procedure under which certain sex offense convictions (e.g., those of young adult sex offenders who satisfy certain criteria) are referred to as something other than "convictions," or are nominally "vacated" or "set aside," but the sex offender remains subject to penal consequences based on the conviction.&lt;/i&gt;" 

In Connecticut, this includes people whom were granted "accelerated rehabilitation" for a sex-based offense.  The registration window begins from the date of sentence (see the Final Guidelines, p.7), so the seventeen year old kid who made a mistake with a younger teen, that committed an offense (24) years ago, was adjudicated a youthful offender (I.e. sentence imposed but no conviction) will now face registration if &lt;b&gt;he is arrested for ANY new charge, even a traffic offense&lt;/b&gt;. 

(Directly from the Final Guidelines, p.46: &lt;i&gt;Example 3: A sex offender convicted in 1980 for an offense subject to lifetime registration under SORNA is released from imprisonment in 1990 but is not required to register at the time because the jurisdiction had not yet established a sex offender registration program. In 2010, following the jurisdiction’s implementation of SORNA, the sex offender reenters the system because of conviction for a robbery. The jurisdiction will need to require the sex offender to register based on his 1980 conviction for a sex offense when he is released from imprisonment for the robbery offense.&lt;/i&gt; 

SORNA does away with the &lt;b&gt;risk-based&lt;/b&gt; Tier systems like the ones in place in New Jersey, which work.  Interestingly, many offenders in New Jersey are tiered in the "low-risk" tier, and the N.J. Courts have found that re-tiering a person without a hearing &lt;b&gt;violates due process rights&lt;/b&gt;.

In its place, the &lt;b&gt;conviction-based&lt;/b&gt; tiers will let the child predator with a good lawyer who got a great plea-deal off on low-risk Tier I, while many defendants who have took a chance at trial, but were not a big risk, look like &lt;b&gt;monsters&lt;/b&gt;.</description>
		<content:encoded><![CDATA[<p>Things are going to get interesting soon as the U.S.A.G. has released the Final Guidelines on how the States are mandated to impose SORNA:</p>
<p>Anyone that has committed a sex-based offense with a &#8220;possible&#8221; prison term of over (1) year, <b>even if no time was served</b>, will have to register for life (Tier III) or (25) years (Tier II) even if they <b>were not &#8220;convicted&#8221;</b>, even if they have never had to register before&#8230; I.e. people with a &#8220;deferred adjudication&#8221; whose conviction was &#8220;sealed&#8221;, &#8220;expunged&#8221;, whatever&#8230; as long as there was a <b>sentence imposed</b>:</p>
<p>(Directly from the Final Guidelines, p.82: &#8220;<i>For example, SORNA’s requirements remain applicable if a jurisdiction has a procedure under which certain sex offense convictions (e.g., those of young adult sex offenders who satisfy certain criteria) are referred to as something other than &#8220;convictions,&#8221; or are nominally &#8220;vacated&#8221; or &#8220;set aside,&#8221; but the sex offender remains subject to penal consequences based on the conviction.</i>&#8221; </p>
<p>In Connecticut, this includes people whom were granted &#8220;accelerated rehabilitation&#8221; for a sex-based offense.  The registration window begins from the date of sentence (see the Final Guidelines, p.7), so the seventeen year old kid who made a mistake with a younger teen, that committed an offense (24) years ago, was adjudicated a youthful offender (I.e. sentence imposed but no conviction) will now face registration if <b>he is arrested for ANY new charge, even a traffic offense</b>. </p>
<p>(Directly from the Final Guidelines, p.46: <i>Example 3: A sex offender convicted in 1980 for an offense subject to lifetime registration under SORNA is released from imprisonment in 1990 but is not required to register at the time because the jurisdiction had not yet established a sex offender registration program. In 2010, following the jurisdiction’s implementation of SORNA, the sex offender reenters the system because of conviction for a robbery. The jurisdiction will need to require the sex offender to register based on his 1980 conviction for a sex offense when he is released from imprisonment for the robbery offense.</i> </p>
<p>SORNA does away with the <b>risk-based</b> Tier systems like the ones in place in New Jersey, which work.  Interestingly, many offenders in New Jersey are tiered in the &#8220;low-risk&#8221; tier, and the N.J. Courts have found that re-tiering a person without a hearing <b>violates due process rights</b>.</p>
<p>In its place, the <b>conviction-based</b> tiers will let the child predator with a good lawyer who got a great plea-deal off on low-risk Tier I, while many defendants who have took a chance at trial, but were not a big risk, look like <b>monsters</b>.</p>
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		<title>By: lbm</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-34183</link>
		<dc:creator>lbm</dc:creator>
		<pubDate>Tue, 01 Jul 2008 12:51:40 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-34183</guid>
		<description>My loved one called the system cooruptional officers-not correctional officers! So true. The same thing in fact happened-there was no evidence-just allegation but the law requires a lifetime of registration for a crime not committed!
So sad that in this country this is happening.</description>
		<content:encoded><![CDATA[<p>My loved one called the system cooruptional officers-not correctional officers! So true. The same thing in fact happened-there was no evidence-just allegation but the law requires a lifetime of registration for a crime not committed!<br />
So sad that in this country this is happening.</p>
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		<title>By: lisa marcus</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-34182</link>
		<dc:creator>lisa marcus</dc:creator>
		<pubDate>Tue, 01 Jul 2008 12:45:27 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-34182</guid>
		<description>Could not agree more! When a person says to me 'did you know there is a sex offender living in the neighborhood' i immmediately think so what! Having experienced our wonderful judicial system at it's best i do know there are many many innocent people being forced to conform to what the legislatures believe is justice!</description>
		<content:encoded><![CDATA[<p>Could not agree more! When a person says to me &#8216;did you know there is a sex offender living in the neighborhood&#8217; i immmediately think so what! Having experienced our wonderful judicial system at it&#8217;s best i do know there are many many innocent people being forced to conform to what the legislatures believe is justice!</p>
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		<title>By: Gideon</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-33111</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Sun, 08 Jun 2008 15:19:55 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-33111</guid>
		<description>janice chalk replied to the notification e-mail instead of coming here to post, so I'll post her comments below:

well earth, i have a question for you. do we as individuals have rights too? i have a friend , who has been incarcerated for 5 1/2 months he is labeled sex offender there had been an issue at my home that  involved the taking of items (which were mine) the police were called, stated it was a civil issue for us to return the items. we did.  noone was arrested we thought that was the end of it. well 4 months later my friend is arrested no one else even though there were 3 others involved finally that was presented to state attorney hey dismissed the case he is still in jail, what the deal is they were prejudice in this action . because of all this my friend s' business has dwindled down to nothing not the mention his reputation as business owner his credibility, respect, trust, and reputation if people only knew how how hard it is to obtain such things. tell me is there any action we can take to recover the final  loss we have been effected by such prejudice? i'm sure this may be unprecedented in such manner, but could you give some advice on it. there is no one in this state that will assist with any actions thank-you for your time</description>
		<content:encoded><![CDATA[<p>janice chalk replied to the notification e-mail instead of coming here to post, so I&#8217;ll post her comments below:</p>
<p>well earth, i have a question for you. do we as individuals have rights too? i have a friend , who has been incarcerated for 5 1/2 months he is labeled sex offender there had been an issue at my home that  involved the taking of items (which were mine) the police were called, stated it was a civil issue for us to return the items. we did.  noone was arrested we thought that was the end of it. well 4 months later my friend is arrested no one else even though there were 3 others involved finally that was presented to state attorney hey dismissed the case he is still in jail, what the deal is they were prejudice in this action . because of all this my friend s&#8217; business has dwindled down to nothing not the mention his reputation as business owner his credibility, respect, trust, and reputation if people only knew how how hard it is to obtain such things. tell me is there any action we can take to recover the final  loss we have been effected by such prejudice? i&#8217;m sure this may be unprecedented in such manner, but could you give some advice on it. there is no one in this state that will assist with any actions thank-you for your time</p>
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		<title>By: GreenEarth</title>
		<link>http://apublicdefender.com/2008/05/18/sex-offenders-on-probation-setting-them-up-to-fail/#comment-33029</link>
		<dc:creator>GreenEarth</dc:creator>
		<pubDate>Fri, 06 Jun 2008 20:28:42 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1226#comment-33029</guid>
		<description>AMEN</description>
		<content:encoded><![CDATA[<p>AMEN</p>
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