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It is flawed law and CAN NOT be fixed!!

I agree with you.  That is why I am aprehensive about the committee.  I would like to cut to the chase and poll the group at the first meeting. Move on from that to petition the state to act on portions of Jessica's law. Again I'm not an expert and hope those on the committee will have some innovative ideas.

I think that is the correct thing to do. And I would state the fact that the law can not be fixed and that ANY new law will NOT make our children safer.

Jessica's law is the only law on the books that makes any sense. I'm no expert on these matters, and I don't know the statistics on the exact positive impact Jessica's law will have, but it is the only one out there that makes any sense at all. And if there should, statistically, be a positive side to this law, it would be best implemented at a state level where ALL would be protected as opposed to the few.

Again...if I were on this committee, I would NOT waste my time to revise  a flawed law that can not be repaired! It will just become a NEW flawed law, born from an OLD flawed law. And I wouldn't want my name attached to that either!

When is the first meeting of this commitee?

I haven't heard anything yet as to the members or the date.  I believe at the last County Leg meeting they directed the County Manager to enlist the members.

FYI.  A federal court in Ohio, using the retroactivity arguments that have been made against the Schenectady County law, ruled today that Ohio’s sex offender residency law [banning living within 1000 feet of schools] could not be applied to Lane Mikaloff of Akron, a rapist whose crime occurred two decades before the law was passed in 2003. You can read more about the case, with links to news media reports, at my weblog, f/k/a, at http://blogs.law.harvard.edu/e.....eral-district-court/

http://www.dailygazette.com

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Legislators knowingly support a bad policy

   The altered sexual offender law is obviously an improvement over the original “evict-’em-all” version. Nonetheless, it’s is discouraging that so many “leaders” voted to keep in place 2,000-feet residence exclusion zones that they believe make for bad policy and they know are highly unlikely to protect children from “predators.”
   There is no emergency (no rash of repeat sex offences and no statistics about actual “dumping” of offenders from other counties) requiring this “pass-the-law-first and then study the problem” approach, and no reason to believe the high-handed chairwoman of the Legislature will allow repeal of the residency restrictions to be a permissible option for the final report of the special council.
   It is particularly sad that the oftenthoughtful [Schenectady County Legislator] Vince DiCerbo placed such emphasis on the appearance of Albany Legislator Christine Benedict at the public hearing for his decision to back residency restrictions. Benedict came to the hearing hoping to score political points with her own voters; she asked the Schenectady Legislature not to continue the restrictions, pointing out that they were much more severe than Albany’s. The fact that she voted for Albany’s residency zones is no excuse for Schenectady’s legislators to impose more draconian restrictions. The Albany law sets up 1,000-feet exclusion zones around schools and day care facilities, but not public parks, pools and playgrounds. When I asked Vince whether the Albany exclusion zones would keep sex offenders from living anywhere in that city, he said he did not know.
   So, one Albany politician’s political posturing provoked a Schenectady politician to change position and vote for a law that he admits is bad in theory. A sad example for our children, and for impressionable adults.
   DAVID GIACALONE
   Schenectady  

  
  
  

http://www.dailygazette.com

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8 offenders arrested under residency law
BY JILL BRYCE Gazette Reporter

   Eight registered sex offenders have been arrested for not complying with a county law that prohibits them from living within 1,000 feet of a school or day care center.
   District Attorney P. David Soares said a three-month investigation was conducted to determine if individuals were in compliance with the law. Thirty were found not to be in compliance with the law. They were notified that they had to comply by moving to an apartment or home that is not within 1,000 feet of a school or nursery.
   The Albany County Sex Offender Compliance Task Force sent letters to Level 2 and Level 3 sex offenders and provided copies of the local law, which was passed by the Albany County Legislature and took effect on Sept. 1, 2006. (The law does not apply to Level 1 offenders.)
   Soares said even after they were given notice, eight people failed to comply and were charged with violating local law, a class A misdemeanor that carries a possible one-year jail sentence.
   They have 60 days from the time of their arrest to comply and move or face more legal problems, said Soares.
   “As schools start, it’s important for all of us in Albany County to make sure sex offenders are in compliance,” said Soares. “The lower the number of arrests, the better for the people of Albany County,” he said.
   Albany County was broken down by towns and cities, and areas where sex offenders could not live were designated in each.
   Soares, who released the results at a news conference Tuesday, said the compliance task force has been working on the investigation with local police agencies who went door to door to each of the 30 individuals who were not in compliance.
   None of the individuals were combative, according to Soares, as police tried to explain and educate them about the law. Letters were also sent to the 30 individuals, along with maps and a copy of the local law.
   “There are ambiguities and people don’t understand the parameters of the laws. These Level [2 and 3] offenders have been convicted of a crime against a minor.”
   Soares said his office and local police will continue to monitor the registered sex offenders throughout the year.
   Albany County Chief Assistant District Attorney Mark Harris said the local law will be enforced in Albany County. “We have a law and we will enforce it. We know they are here.”
   Registered sex offenders in New York are classified by the risk of reoffense and must register with the local police in the municipality in which they live. A court determines whether an offender is a level 1, which is low risk; level 2, moderate risk; or level 3, high risk.
   According to the state Division of Criminal Justice Services, there are 350 registered sex offenders in Albany County. Of these, 149 are Level 1, 118 are Level 2 and 75 are Level 3. Eight are not yet classified.
   The Sex Offender Registration Act, New York’s version of Megan’s Law, was signed in July 1995 and became effective Jan. 21, 1996.  

  
  
  

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Legislators knowingly support a bad policy

   The altered sexual offender law is obviously an improvement over the original “evict-’em-all” version. Nonetheless, it’s is discouraging that so many “leaders” voted to keep in place 2,000-feet residence exclusion zones that they believe make for bad policy and they know are highly unlikely to protect children from “predators.”
   There is no emergency (no rash of repeat sex offences and no statistics about actual “dumping” of offenders from other counties) requiring this “pass-the-law-first and then study the problem” approach, and no reason to believe the high-handed chairwoman of the Legislature will allow repeal of the residency restrictions to be a permissible option for the final report of the special council.
   It is particularly sad that the oftenthoughtful [Schenectady County Legislator] Vince DiCerbo placed such emphasis on the appearance of Albany Legislator Christine Benedict at the public hearing for his decision to back residency restrictions. Benedict came to the hearing hoping to score political points with her own voters; she asked the Schenectady Legislature not to continue the restrictions, pointing out that they were much more severe than Albany’s. The fact that she voted for Albany’s residency zones is no excuse for Schenectady’s legislators to impose more draconian restrictions. The Albany law sets up 1,000-feet exclusion zones around schools and day care facilities, but not public parks, pools and playgrounds. When I asked Vince whether the Albany exclusion zones would keep sex offenders from living anywhere in that city, he said he did not know.
   So, one Albany politician’s political posturing provoked a Schenectady politician to change position and vote for a law that he admits is bad in theory. A sad example for our children, and for impressionable adults.
   DAVID GIACALONE
   Schenectady  

Thank you for ringing in on this, your website has proven to be very informative and I check it often for the updates you provide.  Your letter to the editor states the problem very well.  Once again my political naivete' comes to the surface.  I thought the Albany County Legislator that spoke at the Sch. Cty Leg meeting was doing so out of concern and experience that the law was not working for them.  Not for political gain.  When is this going to stop???!!!! I am really sick to death of it.  I am certain they will stick to their guns on this regardless of the findings of the committee, which is why I don't understand why they are wasting the time and resources of so many important people without rescinding the law first.  They say hindsight is 20/20 and now that I look back this HAS been about nothing but politics.  Mr. DiCerbo also disappointed me, he stated he was ready to vote for rescinding both laws which would indicate he does not truly believe either of the laws would help to protect children.  Voting to spite the legislator from another county is nothing more than continued and escalated politics at its worst.  Tit for Tat at the expense of the people of the county.  

Unfortunatly Rene, we have very arrogant, self serving elected officials that are suppose to represent the people. It has been obvious right from the beginning that this was truly just a political ploy for the State Assembly seat with I will say again failed them miserably. And you think that they would have learned. But their arrogance reared it's ugly head yet again.

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I thought the Albany County Legislator that spoke at the Sch. Cty Leg meeting was doing so out of concern and experience that the law was not working for them.  Not for political gain.

Remember, too, Rene, the only time that someone speaks up and it's NOT for political gain is when the person that is commenting on what you're saying actually agrees wholeheartedly with you and you're going along with their political ideals.

THERE IS NO LAW THAT WILL KEEP OUR KIDS SAFE.....that is just plain irrational thinking....basically it comes down to one more responsiblity being pointed out to the parents.....NO LAW CAN KEEP YOUR KIDS SAFE....and parents cannot be there all the time.....just another headache of 'Planned Parenthood'(see, there is no such thing, it truly is an oxymoron)

THE PROBLEM COMES DOWN TO JUST PUNISHMENT/TIME SERVED ETC.....

I'm sure the city has not been graciously 'collecting' sex offenders....they just chose to line their own pockets, blow alot of hot air, let the unions rule and loose control over their justice system and police force, and, basically take the $$ and run......I work in a nursing home and I have met folks and have heard stories......not very nice,,,,,this 'disease' isn't just in Schenectady,,,it runs through the whole state government.....

when you basically promote gambling via, 'helping' education---I'd say that was flawwed thinking at best.......

So when the boomers move into the cities for services and care---they will be living with/near/around these sex offenders (a few child predators).....the elderly will be safe with them---they are old now.......so, who is going to fix that??? or is there no fix needed???

http://www.docs.state.ny.us/PressRel/PersonalAlarms.html

This is funny.....and we dont even know what to do with/much less what is a sex offender......we just bit off our own head.....

MR.SILVER?
MR.BRUNO?
MR.SPITZER?

Rene

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I thought the Albany County Legislator that spoke at the Sch. Cty Leg meeting was doing so out of concern and experience that the law was not working for them.  Not for political gain.

I thought the exact same thing. And also questioned Mr. DiCerbo's motives.

http://www.dailygazette.com

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Sex offender laws questioned in California
BY CATHERINE SAILLANT Los Angeles Times

   LOS ANGELES — Habitual sex offender Ross Wollschlager has bounced from one Ventura County hotel to another in the weeks since his release from a state mental hospital, getting ejected each time the owner learned of his identity.
   Publicity about his release has made it impossible for the 44-year-old convicted rapist to find a rural landlord willing to give him a place to live.
   After seven evictions, Liberty Healthcare Corp., a San Diego company hired by the state of California to help Wollschlager get resettled, gave him a tent and he began living in the Ventura River bottom. He is overseen by a taxpayer-funded security guard who stays in a vehicle nearby. Wollschlager’s predicament has reignited debate on whether strict new laws governing sex offenders are making it more difficult to monitor them. Jessica’s Law, passed overwhelmingly by voters last fall, bars Wollschlager from living within 2,000 feet — about a half-mile — of any school, park or beach. He wears two monitoring devices on his ankle and shuttles between his campsite and a friend’s home in Oxnard each day.
   “It’s harder to protect the public when he is homeless,” said Margaret Coyle, a county prosecutor who opposed Wollschlager’s release. “Were he in a condo or an apartment, we could supervise him more effectively.”
   But Will Smith, chief of staff for state Sen. George Runner of Lancaster, who sponsored Jessica’s Law, said he believed it is effective in protecting residents.
   “We’ve never made any argument that it wouldn’t be harder to find housing, but we’ve always argued that it would be safer,” Smith said. “We think the safety of residents in California outweighs any inconvenience on [Wollschlager’s] part.”
   Liberty Healthcare is continuing to look for permanent placement for Wollschlager, a search that began 17 months ago, said Nancy Kincaid, a spokeswoman for the state Department of Mental Health.
COMMON THEME
   It’s not the first time a sex offender has become homeless upon release, Kincaid said.
   Last summer, before Jessica’s Law was approved, child molester Timothy Boggs was “chased from hotel to hotel” in Sacramento until a bail bondsman stepped forward to offer him a place to stay in his office, she said.
   In San Luis Obispo County, felon Frederick Hoffman is scheduled to live in a trailer near military training grounds upon his release.
   On Friday, the state Department of Corrections announced that it had notifi ed 2,741 sex offenders who were paroled after Nov. 8, 2006, that they were in violation of housing restrictions mandated by Jessica’s Law. The parolees now have less than 45 days to comply with the law.
   The problem is only going to get bigger, Kincaid said.
   More than 650 convicts are being treated as repeat sex offenders, and at least 11 could be released within a year. Meanwhile, Jessica’s Law expanded the definition of who should be treated for sex offenses, and referrals to the state-run sexually violent predator treatment program have grown from 50 a month to more than 700, Kincaid said.
   “How on earth do we do what the voters asked for — that is, how do we track these people? I really don’t know,” she said.
   A 146-page report titled “No Easy Answers: Sex Offender Laws in the United States,” scheduled for release next week by the nonprofit group Human Rights Watch, is expected to be critical of such laws and policies and urge state and federal reforms, including the elimination of residency restrictions.
   Wollschlager said he understands why society feels the way it does about sex offenders. He was convicted of two rapes in the 1980s and, later, of molesting a 10-yearold girl as she slept.
   “I hated myself for a lot of years for what I did, but I’ve made a lot of changes in my life,” he said. “I know a lot of people don’t care about that. I hope my actions will speak louder than words.”
TANGLED WEB
   Wollschlager’s attorneys say his case demonstrates how a tangle of sex offender laws, court orders and public fear can produce unintended consequences.
   At age 19, he was convicted of the rapes, in which he entered his female victims’ homes at night. He was paroled after serving half of his eight-year sentence.
   Two years later, after a day of drinking and drug use, Wollschlager again sneaked into a stranger’s home at night. He recounted how he entered a bedroom where a 10-year-old girl was sleeping. He lay next to her, Wollschlager said, fondling her and asking if she wanted to be his girlfriend. He fled when the girl’s mother snapped on a light, he said, eventually turning himself in to police.
   Wollschlager, who grew up in Ventura County and committed his crimes there, said they were prompted by rampant alcoholism, drug abuse and “deviant thoughts and fantasies.” Psychological treatment over the past decade has helped him to understand and control his vices, he said.
   “I know I can’t repair the damage I did to that family and to that child,” he said. “I make every effort today to make sure I never do something like that again.”
   He was convicted of lewd and lascivious acts with a child under 14 and was sent back to prison for 13 years. In 1996, when he was up for release, Wollschlager was instead transferred to Atascadero State Hospital to participate in a new program for habitual sex offenders.
   Designated a “sexually violent predator,” he was barred from leaving the hospital for another 11 years while he underwent treatment. Last year, Ventura County Judge Rebecca Riley ordered him released after hearing testimony on his progress from state experts, including a psychiatrist.
   But he remained in Atascadero another 17 months as Liberty Healthcare tried without success to find him a Ventura County home. On Aug. 8, an appellate court ruled that he must be released immediately even if a placement could not be found.
   Ventura County prosecutors and the Department of Mental Health opposed the decision, noting that Wollschlager had completed only half of a five-phase program in Atascadero.
   Sheriff Bob Brooks said he was against his release for the same reason.
   “It’s a minimum standard, and not completing it demonstrates a lack of desire to change,” Brooks said.
   He added, however, that Jessica’s Law should be modified to make it workable.
   “The 2,000-foot distance makes it so hard to find housing,” the sheriff said.
   Todd Howeth, Wollschlager’s countyprovided lawyer, said his client is committed to turning his life around. He wears a global positioning anklet, attends counseling sessions almost daily and consults with layers of security and bureaucrats before making a move.  

  
  
  

Very interesting.

As I've covered at length at f/k/a today, the California article is published across the nation in Sunday newspapers today, along with many other stories about sex offenders. See Sunday papers question sex offender laws  http://blogs.law.harvard.edu/ethicalesq/2007/09/09/sunday-papers-question-sex-offender-laws/ (f/k/a, Sept. 9, 2007).  The Times Union's article today is also interesting and valuable.  “Efforts to protect kids often carry own risks: Regional laws restricting residency for paroled sex offenders can be counterproductive, some officials say” (Sept. 9, 2007) http://timesunion.com/AspStories/storyprint.asp?StoryID=620550

Here's what I had to say about Councilwoman Benedict today, based on the TU article:

The Times Union quotes Albany County Legislator Christine Benedict saying “It’s going to end up not just cities against towns but counties against counties.” Benedict also told the TU, “If I had my druthers … I would like a facility where they can live and go to work and a have a life but away from a residential area. They committed a crime, and they need to color inside the lines now.” The article notes:

  

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  Benedict has been in the vanguard of efforts to manage where sex offenders live. “I don’t know what the answer is, but it lies in the hands of state government and they need to do something.”

    Benedict, the legislature’s Republican minority leader, and Democratic Majority Leader Frank Commisso are working to develop a county master plan for housing sex offenders.

    Work groups discuss “what would be the model, what would be the right approach for us to be looking at in relation to housing for sex offenders,” Albany County Social Services Commissioner Elizabeth Berlin said.

The notion that you might solve this problem by housing sex offenders in some form of group facilities seems unworkable and possibly unconstitutional. Despite Benedict’s assertion, the sex offender can hardly be expected to “a have a life” (i.e., a family and a healthy stable relationship within the community) living in an SO facility.

        You might recall our f/k/a “mini-editorial” on August 24, 2007 [which the Schenectady Daily Gazette printed as a Letter to the Editor, on Sept. 5, 2007 ], in which we noted that Ms. Benedict showed up last month at the Schenectady County public hearing on changes to our sex offender residency laws. Benedict, who had voted for the Albany County 1000-feet exclusion zones, warned Schenectady County that it better rescind its laws, as her constituents live right across the County line, and she would do everything she could to make sure that sex offenders do not move from Schenectady County to Albany County. Her remarks became a justification for some Schenectady “leaders” to keep our restrictions on the books.