Thursday, July 5, 2018

Virginia Department of Motor Vehicles Mandates the Drivers License’s and Senior Identification Cards of Anyone on the VSP Sex Offender Registry MUST Renew In-Person (not through the mail or online) and 37% More Often Than All Other Virginians


1.     Virginia Driver’s License renewal  §46.2-330
v  Anyone listed on the Virginia State Police Sex Offender Registry is prohibited from renewing their license via USPS or online which is an offering for everyone else. All VSP SO’s must register in-person at a VA-DMV location.
v  Virginia Driver’s License expire in 8 years, except for anyone on the Virginia State Police Sex Offender Registry their VADMV license expires in 5 years. 

This became Virginia law in 2008 without one dissenting vote. This was the GA session before I became an advocate.
 

2.    Virginia Senior Identification Card (for Person 70 Years of Age or Older who do not have a Driver’s License) renewal § 46.2-345.
v  Anyone listed on the Virginia State Police Sex Offender Registry is prohibited from renewing their Senior Identification card via USPS or online which is an offering for everyone else. All VSP SO’s must register in-person at a VA-DMV location.
v  Virginia Senior Identification cards expire in 8 years, except for anyone on the Virginia State Police Sex Offender Registry their VADMV license expires in 5 years. 

None of this was in the original Bill and was added as an amendment in the middle of session, it became Virginia law in 2017 with only 3 dissenting votes in the House. I had asked Governor McAuliffe to amend the to allow any VSP Registered Sex Offender who cannot drive to submit a letter to DMV from their doctor stating that they are unable to travel to DMV location every 5 years and allow them to renew either through the mail or online like everyone else before signing it into law, he didn’t. 

To renew a vehicle registration via VA-DMV there is no prohibition for someone listed on the Virginia State Police Sex Offender Registry to do so via USPS or on-line. There is also not a shorter timeframe for a renewal.

What is the rationale for not allowing Virginia’s Registered Sex Offenders to renew their driver’s license through the Postal Service and requiring them to make a trip into a VA-DMV location?

What is the rationale in shorting the validity time of a Virginia Sex Offenders driver’s license compared to everyone else?

Forcing certain Virginians to take make a trip into a VA-DMV location but not everyone else certainly has nothing to do with public safety.

Being on the VSP SO Registry, has nothing to do with the Department of Motor Vehicles.

The information and the use of the data from the Virginia State Police Sex Offender Registry is and must be for administrative purposes only. If the information is used to punish then it becomes unconstitutional.

How is mandating ONLY in-person renewals and making the expiration times 37% sooner JUST for those listed on the Virginia State Police Sex Offender Registry, not punishment?

Mary Davye Devoy

Wednesday, July 4, 2018

International Travel / Federal International Megan’s Law for U.S. Registered Sex Offenders


Back in May (2018) I deleted the International Travel /International Megan’s Law for Registered Sex Offenders page. Yesterday another RSO organization which had a link to it for a very long time realized it was gone. 

Why did I remove it? 

Well, we all know (or should by now) that:
·       Back in February of 2016 the Federal International Megan’s Law (IML) was passed into law for ICE to create the Angel Watch Center.
·       Under IML existing passports held by US Registered Sex Offenders were revoked, new passports with a distinctive marker would be issued after paying $$$$.
·       Registered Sex Offenders are legally obligated to notify the Federal Government of their intention to travel abroad 21 days beforehand or face a felony.
·       That ICE will take the travel information (dates, destinations, travel part, etc) and notify the intended countries of destination of the RSO’s upcoming trip.
·       RSO’s are arriving at their destination countries after filing the required documents and then when they arrive to the country they are being denied entry solely because they are a US RSO. Their reason for travel whether it be for work, school, church, vacation, honeymoon or even funeral does not matter. Not only is the RSO humiliated and time has been wasted but thousands of dollars are now gone.
·       Cruise Lines are canceling the bookings of Registered Sex Offender’s days before they plan to board the ship.
·       AirBNB is canceling the bookings of RSO’s (and other former-felons) days before their intended arrival.
·       All U.S. former felons (and some misdemeanors) are banned from entering:
1.     Argentina
2.    Australia
3.    Canada
4.    France
5.    Gaum
6.    India
7.    Ireland
8.    Jamaica
9.    Japan
10. Korea
11.  Malaysia
12. Marshall Islands
13. New Zealand
14. Portugal
15. Puerto Rico
16. Taiwan
17.  Trinidad
18. United Kingdom
19. US Virgin Islands 
·       Countries without former-felon bans but we know have turned away U.S. RSO’s:
1.     Brazil
2.    Cambodia
3.    Chile
4.    China
5.    Columbia
6.    Costa Rica
7.    Dubai
8.    Haiti
9.    Indonesia
10. Jamaica
11.  Mexico
12. Nicaragua
13. Panama
14. Peru
15. Philippines
16. Singapore
17.  St. Lucia
18. Thailand
19. Vietnam 

Basically, US RSO's aren't wanted within the U.S. and now because of Federal International Megan’s Law they aren't allowed outside the U.S. 
 

Tuesday, July 3, 2018

Virginia Code for Registered Sex Offenders: Restrictions, Regulations and Mandates. Where Can I Find That Law? When Did That Law Change?



For all the legal restrictions and regulations for Virginia Registered Sex Offenders in laymen’s terms you can go here http://goo.gl/5UzoNQ .

But two of the more common questions/requests I receive via email daily from folks are:
Ø  “Where is the law that says……”
Ø  “When did Virginia change the law that…” 

So, I’m going to post every Virginia Code Title that is directed towards Registered Sex Offenders (RSO) here today.
If you want to know when a law changed you find the Title # of the topic you are wondering about and then go to the bottom of that page. See the years listed with links, click on those links and it will take you to the specific Bill on LIS from that year when the law changed. When you are in the Bill text, select highlight and everything that changed that year will highlight yellow.

OK here we go. 

1.  About 75% of Virginia RSO Laws are listed under Title § 9 https://law.lis.virginia.gov/vacode/title9.1/chapter9/
Note: Per §9.1-901. section C of Virginia Code: Unless a specific effective date is otherwise provided, ALL provisions of the Sex Offender and Crimes Against Minors Registry Act shall apply retroactively. This why during the annual General Assembly I fight for either a start or conviction date of that year to be added to majority of RSO Bills. – Mary 
·       You want to petition the court for Relief from VSP SO Registry that’s § 9.1-909.
·       You want to petition the court for Removal from VSP SO Registry that’s § 9.1-910.
2. Title § 18 includes Virginia’s “Proximity” Laws:
·       Sex Offender "Proximity to Children” is § 18.2-370.2. AND § 18.2-370.3.
·       Sex Offender “Prohibited from Working on School Property” is § 18.2-370.4.
·       Sex Offender “Prohibiting Entry onto School or Other Property” (includes School Buses) is § 18.2-370.5.
·       You want to petition the court to legally be on school property or attend school sponsored events that’s § 18.2-370.5. section C.
·       You’ve had your rights restored by the Governor of Virginia and are wondering if you can vote on school property either on Primary Day or on Election Day, you can see § 18.2-370.5. section B.
3. Title § 18 also includes Virginia’s Trespass Laws § 18.2-121.3. is Trespass with an unmanned aircraft system (drone) and § 18.2-324.2. section A applies to ANYONE on the VSP SO Registry.

4. Title § 18 also includes Virginia’s Providing false information or failing to provide registration information § 18.2-472.1.  

5. Title § 9 also includes Virginia’s § 9.1-186.4. Bail Enforcement Agent Licensure                             
                            v  Cannot be a Bail Enforcement Agent if you’ve been convicted of a sex offense.  
6. Title § 19 includes Criminal Procedure
·       Special conservators of the peace § 19.2-13.
            v  Cannot be a conservator of the peace if listed on the VSP SO Registry.
7. Title § 46 has all the VADMV restrictions, prohibitions and additional fees for anyone on VSP SO Registry
·       Virginia Requirements for Tow Truck Drivers § 46.2-116.
v  Cannot drive a Tow Truck if listed on the VSP SO Registry.
·       Virginia Requirements for TNC partners (AKA Uber and Lyft services) § 46.2-2099.49.
v  Cannot drive for Uber or Lyft if listed on the VSP SO Registry.
·       Virginia Driver’s License renewal  §46.2-330
v  Cannot renew via USPS or online, must register in person.
v  Driver’s License expires in 5 years for VSP RSO’s whereas everyone else has 8 years.
·       Virginia School Bus Driver’s License § 46.2-339.
v  Cannot drive a school bus (Type S license) if listed on VSP SO Registry.
·       Virginia Commercial Driver’s License (CDL) § 46.2-341.9.
v  Cannot drive a school or daycare group, RSO’s hold a CDL Type P license.
·       Virginia Senior Identification Card (for Person 70 Years of Age or Older who do not have a Driver’s License) § 46.2-345.
v  Cannot renew via USPS or online, must register in person.
v  ID card expires in 5 years for VSP RSO’s whereas everyone else has 8 years.
·       Virginia Special License Plates §46.2-725
 

Virginia State Police Hours of Operation and Observed Holidays are NOT Posted Anywhere for Virginia Registered Sex Offenders, So Here They Are


It’s been a few years since I posted this information and since tomorrow is an observed holiday I am reposting it because this information is NOT posted on Virginia State Police Office locations OR on the VSP website, so how would you even know?

I do this because I want to assist Virginia’s Registered Sex Offenders who are trying to register, re-register, update their photograph or change any residence, employment, vehicle or email information for the Virginia State Police (VSP) Sex Offender Registry and avoid an arbitrary felony. Your success at remaining compliant keeps the recidivism rates of VA RSO’s low .

Virginia State Police Hours of Operation:
1.     Sex Offender Hotline 804-674-2825: Mon-Fri 8:15 am- 4:45 pm excluding state observed holidays.
2.    VSP Locations: Mon-Fri 8:30 am- 4:00 pm excluding state observed holidays. 

State observed (VSP) Holidays where the VSP Barracks are closed and the VSP SOR Hotline is not operating. 

  1. New Year’s                              (January 1st)
  2. Lee-Jackson Day                   (Friday Preceding the 3rd  Monday in January)
  3. Martin Luther King Jr. Day          (3rd Monday in January)
  4. President’s Day                     (3rd Monday in February)
  5. Memorial Day                        (Last Monday in May)
  6. Independence Day               (July 4th)
  7. Labor Day                                 (1st Monday in September)
  8. Columbus Day                        (2nd Monday in October)
  9. Veteran’s Day                         (November 11th)
  10. Thanksgiving                          (4th Thursday in November)
  11. Black Friday                            (4th Friday in November)
  12. Christmas                                 (December 25th) 

If a Virginia observed holiday falls on a Saturday then the VSP Barracks and Hotline are closed on Friday. 

If a Virginia observed holiday falls on a Sunday then the VSP Barracks and Hotline are closed on Monday. 

Out of the 365 days each year, 52 of them are weekends and 12 are VSP observed holidays.  
 
Christmas Eve and New Year’s Eve are NOT observed holidays so the VSP Barracks and Hotline should be operating. 

The weekdays between Christmas Day and New Year’s Day are NOT observed holidays so the VSP Barracks and SO Hotline should be operating. 

Note: There are 2 sets of 4 day stretches where Registered Sex Offenders in Virginia are unable to register, re-register or change any information even though Virginia law states information changes must be done within 3 days (not 3 business days):
  1. Lee-Jackson Day and Martin Luther King Jr. Day (Friday Preceding the 3rd Monday in January and the 3rd Monday in January)
  2. Thanksgiving Day and Black Friday  (4th Thursday and Friday in November)