CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Sunday, April 8, 2007

Florida Places Sex offenders Under the Bridge

From CNN.com: The Florida Department of Corrections says there are fewer and fewer places in Miami-Dade County where sex offenders can live because the county has some of the strongest restrictions against this kind of criminal in the country.

Florida's solution: house the convicted felons under a bridge that forms one part of the causeway.

The Julia Tuttle Causeway, which links Miami to Miami Beach, offers no running water, no electricity and little protection from nasty weather. It's not an ideal solution, Department of Corrections Officials told CNN, but at least the state knows where the sex offenders are.

Nearly every day a state probation officer makes a predawn visit to the causeway. Those visits are part of the terms of the offenders' probation which mandates that they occupy a residence from 10 p.m. to 6 a.m.

But what if a sex offender can't find a place to live?

That is increasingly the case, say state officials, after several Florida cities enacted laws that prohibit convicted sexual offenders from living within 2,500 feet of schools, parks and other places where children might gather. Rest of Article. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2007/04/florida_places_.html

Sex | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83460ec8169e2

Listed below are links to weblogs that reference Florida Places Sex offenders Under the Bridge:

» More on the Miami Homeless Sex Offenders from Sex Crimes
The national coverage of this story that I blogged about has drawn significant notice around the blogosphere. At Concurring Opinions, Dan Filler had this to say:First, I have to put on my critics hat. There is plenty of reason to [Read More]

Tracked on Apr 9, 2007 1:53:02 PM

Comments

The answer to the question is to create an amendment to the US Constitution to create Sex Offender Colonies. That would eliminate any constitutional challenge offenders have to residency restrictions, GPS, and Internet restrictions.

The first thing that needs to be done is to create an outline of such an amendment. I am in the process of doing that, taking care that I fight my internal hatred of these monsters and use as neutral term as possible. To that end, I call these pervo monster sicko bastards REGISTRANTS.

Next, I looked at the process for how an amendment is created. Here is the process:

Under Article V, there are two ways to propose amendments to the Constitution and two ways to ratify them.

To propose an amendment

1. Two-thirds of both houses of Congress vote to propose an amendment, or
2. Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments.

To ratify an amendment

1. Three-fourths of the state legislatures approve it, or
2. Ratifying conventions in three-fourths of the states approve it.

I would submit that the state legislature route would probably be more effective, but the congressional method can be tried first. It can effectively be used as a litmus test for voting, i.e., if someone doesn’t want to vote for proposing the amendment in congress, their 2008 opponent can have a field day in saying that the incumbent protects sex offenders at the expense of children’s safety, etc.

Such an amendment would solve many problems. First of all, the registry would not exist in its current form. Parents don’t have to worry where the monsters live, as they all would, by law, have to live in the colony. This also eliminates the need for GPS, as the monsters would be restricted to the colony in the first place. No worries about monsters stalking your children’s school or favorite park, or trolling on the Internet.

Next, registrants (I’m getting into my neutral mode here) would constitutionally have to be subjected to non-court ordered search of their premises within the zone. In addition, all their mail and phone calls would constitutionally be authorized to be monitored for illicit activities. Internet usage would also be strictly regulated, with all file storage for every computer actually done at the server-level. In addition, emails would be assigned by the administration, no Instant messaging or accessing MySpace or other children sites allowed, and all keystrokes and sites visited will be recorded 100%. All costs for such usage would be borne out by the offender, incidentally.

All registrants would be required to work, with their paychecks being handled by the administrators. Deductions for medical, rent, all services, and everything else would be done automatically, and any credit the registrant have be used for discretionary income ONLY from the colony store. Also, EVERY registrant will be required to go through treatment appropriate to his crime, and be certified as cured; otherwise, he can be subject to a felony charge and returned to prison.

Now, please keep in mind one thing: The sex offender colony is NOT…repeat…NOT a replacement for tough, appropriately long, non-paroleable sentencing guidelines in the first place! THAT IS PARAMOUNT. The colony would exist because society cannot handle the large amounts of offenders in their neighborhoods, with the inherent terror parents have with the knowledge that offenders are around their children. Therefore, the colony is SPECIFICALLY for offenders to spend their entire registration periods in a constitutionally-approved manner, eliminating the need for registries as they exist now.

Keep in mind, many offenders also are able to leave the registry for certain crimes after a specified amount of time has passed. Therefore, once a registrant’s time period has expired, he can petition the administration to be relieved of the duty to register and live in the SORERA zone. A panel of professionals, law enforcement individuals, and the offender’s victim representatives, will go over the request. If they feel the offender is ready to join society, then he can leave the zone and live anywhere he wants, although he will have to permanently register with law enforcement wherever he goes for the rest of his life. Bear in mind, also, that any registrant who has to register for life will NEVER get the opportunity to leave the zone. Only the most benign of the registrants will ever be allowed to leave.

Anyway, this is all I have for now… make sense?

Posted by: Peter | Apr 10, 2007 6:09:35 PM

Post a comment