Friday, August 3, 2007

Prison as Home for Homeless Sex Offender?

We have had a number of posts about residency restrictions for homeless sex offenders (see here, here, and here). The NY Times today reported that a sex offender is facing an automatic life sentence for violating Georgia's new registry law for the second time. Here's an excerpt:

"The law requires offenders to register their address and forbids them to live or work within 1,000 feet of not only schools and day care centers but also churches, swimming pools and school bus stops. It expanded the definition of a sex offender and raised penalties for violating registry requirements.

Homelessness is not an acceptable excuse. “One of the requirements when you become a sex offender is you have to have an address,” said Sgt. Ray Hardin of the Richmond County Sheriff’s Office in Augusta.

Sergeant Hardin said enforcement of the law required a dedicated investigator, a global positioning system and, each time an offender moves, hours of paperwork. At least 15 sex offenders have been arrested because of homelessness since the law took effect in July 2006, according to documents gathered through pretrial proceedings in a lawsuit brought by the Southern Center for Human Rights and the American Civil Liberties Union.

The suit argues that the law leaves offenders virtually nowhere to live. Sarah Geraghty, a lawyer with the human rights center, said she had scoured the state for homeless shelters that would accept male sex offenders and could find only one, which was full. A document from the Sex Offender Administration of the Georgia Department of Corrections, provided to a reporter by Ms. Geraghty, lists what it calls “offenders arrested for being homeless.”

Georgia’s law is not the only one that has made it hard for offenders to maintain legal residences. In Florida, the state authorized five offenders to live under a bridge in Miami after they were unable to find suitable housing that they could afford. In Iowa, a victims’ group found that offenders tried to comply with the registry law by offering addresses like “rest area mile marker 149” or “RV in old Kmart parking lot.” Critics of residency restrictions say they drive offenders underground and have little effect on the number of sex crimes.

As a tough-on-crime measure, the Georgia law was enacted easily, with supporters saying it would force sex offenders to leave the state. “Every sex offender in Georgia will now serve time in jail, and every sex offender in Georgia will be monitored after their release,” said the House majority leader, Jerry Keen, the bill’s Republican sponsor.

But the law’s opponents have called it too harsh in its penalties, too broad in its restrictions and too rigid, allowing no exceptions even when a day care center or a church opens within 1,000 feet of an offender’s pre-existing residence. One offender, Anthony Mann, was told he had to leave his house and the barbecue restaurant he owned when day care centers opened too close to both locations, according to a second lawsuit."

Rose Cuison Villazor

http://lawprofessors.typepad.com/property/2007/08/prison-as-home-.html

Land Use | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00e3933569598834

Listed below are links to weblogs that reference Prison as Home for Homeless Sex Offender?:

Comments

Thank you for this article that lists some very
serious problems with the Registered Sex Offender
Program.

There is a Mass Hysteria in America today and
much over-reaction. Laws are being inacted that
are making it impossible for Registered Sex
Offenders to Live or work. Thus they must return
to Prison, or go underground.

This will increase the problem not fix it.

In our area, the court orders therapy and/or
rehab, but there is no place to get this service
as all are in areas that cannot accept a Reg. Sex
Offender.

Homeless Shelters have had to put ROS's out on
the street. Programs that were providing After-
care and half-way houses have all been either
shut down or not allowed to accept ROS's.

One Big Challenge is that all Sex Offenders are
lumped into one classification. There are Sex
Offenders and then there are Violent Sex
Offenders. There are Sex Offenders that have
received treatment and have recovered (contrary
to public opinion).

One thing most families fail to realize is that
these Registered Sex Offenders are not the ones
that are causing the majority of the problem with
our children being molested and abused.

The culprits are in our own homes. People our
kids know and trust are the ones violating them.


A huge myth is that these who are registered
cannot be rehabilitated. They don't believe
there is any hope of their recovery to sanity.
That is just not the case. Just another case of
Hysteria.

Yes, there are bad people out there, and yes,
some do reoffend. Punish them and not the vast
majority.

If we aren't going to let them get a job or find
a place to live and they cannot go to a homeless
shelter or rehab facility, then what? Our
prisons are already filled to overflowing.

Please help people understand and see clearly
that the laws and restrictions that have been
passed are causing more trouble than the cure.

Posted by: KathyClark | Sep 2, 2007 12:40:48 PM

Post a comment