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Tuesday, October 17, 2017

50 States: Juvenile Registration as Sex Offenders - Public, Private or Not at All? Revised List as of October 17, 2017


Impact Justice / National Juvenile Justice Network have had a 50 State Juvenile Registration Snapshot that I was intending to compare to my 3-4-year-old 50 State Juvenile List but I just had never gotten around to it, plus I had seen a few errors about Virginia in the Snapshot, I was in no hurry to update my old list. 

But then I was asked by Impact Justice last week to review the VA information in their current Snap Shot as they are planning on an update in the near future. I was very happy to assist them in getting the VA information corrected. 

So today I had the time to compare the data from the 49 other States and Washington D.C. to update my own chart that had taken me weeks to fill out and even then, I was missing New Mexico, New York, North Dakota and Oregon, boy did my chart need updating. 

I have my chart as a handout that I’ve previously shared with Virginia Legislators showing them that many SORNA complaint States don’t require juveniles to register as Sex Offenders, that many SORNA States have private (not on the Internet) Registries, automatically remove juveniles after a reasonable time-frame or allow a petition for removal, all options that Virginia does NOT have for our juveniles. I have this handout when I’m proposing Legislative Goal #4. 

Instead we place them on a public Registry, label them Violent and keep them there until they move out-of-state or until they die. 

Below is my revised 50 State List (not the full chart) which I feel is extremely accurate but I will double check the information when Impact Justice publishes their revised Snapshot in the future. 

Mary Devoy 
 

50 States: Juvenile Registration as a Sex Offender 

 
No Registration for Juveniles:
  1. Alaska
  2. Connecticut
  3. Georgia
  4. Hawaii
  5. Kentucky
  6. Maine
  7. Nebraska
  8. Nevada*
  9. New Mexico
  10. New York
  11. Pennsylvania*
  12. Tennessee*
  13. West Virginia
  14. Wyoming*
  15. District of Columbia


State that have Private (Authorities Only) Registries:
  1. Alabama*                        for some Juveniles
  2. Arizona                            for Tier/Level 1 AND some Juveniles
  3. California                         for some Juveniles       (New law passed in Autumn 2017, this may change)             
  4. Colorado*                   for some Juveniles
  5. Delaware                    for Tier/Level 1
  6. Idaho                               for some Juveniles
  7. Kansas*                           for some Juveniles
  8. Maryland*                  for Juveniles
  9. Massachusetts                for Tier/Level 1 AND 2’s AND some Juveniles
  10. Michigan*                   for Juveniles
  11. Minnesota                       for Tier/Level 1 AND 2’s AND for Juveniles
  12. Missouri*                   for Juveniles
  13. New Hampshire              for Tier/Level 1 AND Juveniles
  14. North Carolina                for Juveniles
  15. Oklahoma*                    for Juveniles
  16. Oregon                             for some Juveniles
  17. Rhode Island                   for Tier/Level 1 AND Juveniles
  18. Vermont                          for Juveniles until age of 18 then placed on Internet
  19. Washington                     for Tier/Level 1 AND some Juveniles


State has Automatic Removal from Registry for Juveniles:
  1. New Hampshire              at age 17 OR 21 years old
  2. Idaho                                at age 21
  3. Missouri*                        at age 21                           (for some)
  4. Oklahoma *                     at age 21
  5. Arizona                            at age 25
  6. Maryland*                       after 5 years of registration
  7. Alabama*                        at 10th year
  8. Texas                                at 10th year OR end of jurisdiction which ever comes first 

State allows a Court Petition for Removal from Registry for Juveniles:
  1. Kansas*                     at age 18 years OR at 5 years
  2. North Carolina                at age 18 years
  3. Arkansas                          at age 21 OR at 10 years
  4. Utah                                 at 5 years
  5. Illinois                              at 10 years                       (for some)
  6. Indiana                            at 10 years                       (for some)
  7. Iowa                                 at 10 years
  8. Minnesota                       at 10 years                       (for some)
  9. Oregon                             at 10 years                       (for some)
  10. Vermont                          at 10 years                       (for some)
  11. Washington                     at 10 OR 15 years            (for some)
  12. Colorado*                        at 10 OR 20 years           (for some)
  13. Ohio*                               at 10 OR 20 years           (for some)
  14. Montana                           at 10 OR 25 years
  15. South Dakota*                at 10 OR 25 years           (for some)
  16. New Jersey                      at 15 years
  17. Wisconsin                        at 15 years                        (for some)
  18. Delaware                          at 15 OR 25 years           (for some)
  19. Louisiana*                  at 15 OR 25 years           (for some)
  20. North Dakota                  at 15 OR 25 years           (for some)
  21. Rhode Island                   maximum 15 years
  22. Massachusetts                maximum 20 years
  23. Michigan*                   at 25 years
  24. Mississippi*                at 25 years 

State mandates Lifetime Registration with No Opportunity for Removal for Juveniles:
  1. California           (New law passed in Autumn 2017, will change this)    
  2. Florida*          
  3. South Carolina*
  4. Virginia* 

- * Notes that State is Certified Federal Adam Walsh Act AWA/SORNA compliant by the SMART Office, as of September 2017
- The (for some), is because that State also has Lifetime registration for some juveniles

Halloween 2017 Do’s and Don’ts for Virginia’s Registered Sex Offenders


Halloween 2017 is two weeks from today. 

What Can and Can't Registered Sex Offenders (RSO’s) in Virginia legally do on and around the Halloween holiday? 

Well it depends. 
  • If you or your loved-one are NOT under VADOC Probation supervision see I.
  • If you or your loved-one are currently under VADOC supervision see II.
Finally, will you/ your family possibly be visited by U.S. Marshal’s or the Virginia State Police before, on or after Halloween and what are your obligations? See III.

 

I- In Virginia there are NO State or Local Laws prohibiting RSO’s from participating in Halloween activities.

RSO’s  Can:
  1. Have their front door/porch lights on
  2. Decorate their door/home/yard
  3. Accompany their children, grand-children, step-children, step-grandchildren, siblings, nieces, nephews, cousins or ANY child trick-or-treating (but not at a school-sponsored event or at a daycare facility)
  4. Answer their own door and hand out candy
  5. Wear a costume
  6. Attend Halloween parties / events (but not at a school-sponsored event or at a daycare facility)
 

II- If the RSO is under Virginia’s Department of Correction Probation Supervision then there MAY be restrictions specific to THOSE RSO’s that they MUST follow or face a Probation Violation (a felony). These VADOC Halloween programs are known as Operation Trick-Not-Treat AND Operation Porch-Lights-Out 

  1. Each VADOC Probation District handles Halloween differently and they are obligated to advise the RSO ahead of time of their restrictions or requirements which could include:
·       No decorations outside the RSO’s home or apartment
·       No exterior/door lights on from 5pm to 5am
·       Being “locked-down” inside their home from 5pm to 5am (you can not leave your home or answer your door)
·       A mandate to attend “round-up” a Probation or Counseling meeting where the RSO may be required to submit to alcohol and/or drug testing, to watch a video or discuss their conviction (from 4pm to 9pm, trick or treating hours).
·       A sign posted on the RSO’s front door with an image of a pumpkin and text stating No Candy Here 

All under the threat of being violated if the Probationer does not comply. 

  1. The VADOC Probation Officer could also stop by the RSO’s home to confirm they have followed the rules that District advised them of before October 31st
Of course, not being able to have any exterior lights on your home/property on the biggest days of the year that teenagers are looking for someone to vandalize, the VADOC is setting our RSO’s up to be targets of vigilantes. 

The VADOC claims to implement processes and policies that are data-driven and evidence based, these VADOC Halloween programs for RSO’s are NOT data-driven OR evidence based. 

The VADOC also claims it supports the successful re-entry of former-offenders BACK into our communities and that they want to remove barriers but yet ALL empirical research on this issue over the last 15 years has concluded that Halloween is no more dangerous a day than any other day of the year for our children OR for RSO’s to reoffend. 

These two VADOC Halloween programs are sold by the Administration to the public as a preventive measure, prevention is a noble goal but there is no crystal ball of future crimes or future perpetrators. The VADOC touts these programs every year with media-releases as a success, so in actuality the VADOC is perpetuating the urban myth that everyone on the Virginian State Police SO Registry is a dangerous Predator lying in wait for a child to enter into their trap. Before these VA-DOC programs existed (and since) there has NOT been one case of a Virginia Registered Sex Offender abducting, molesting or killing someone on Halloween. It’s 100% State-sponsored propaganda.
 

III- For those RSO’s who are NOT under VADOC supervision. 

In past years the Virginia State Police has partnered with the U.S. Marshal’s to do one of the two annual residential compliance checks for ANY RSO. They’ve done these on the day before Halloween, the day of and the day after. Your VSP Compliance Officer or Trooper could show up with an entourage in flak-jackets and with guns on their hips………to intentionally make a scene in front of your entire neighborhood, under the guise of “public safety”.  

One small change in 2017 to note here is that as of August 31, 2017 Virginia has supposedly become Federally certified (SMART Office) compliant Adam Walsh Act/SORNA State but that does NOT change any Virginia rules for RSO’s on Halloween.
 

Monday, October 9, 2017

October 16, 2017 Deadline to Register to Vote in Virginia House (and Governor) Election on November 7, 2017



Did you know?
 

Original Post:

On November 7, 2017 all 100 seats in the Virginia House are up for reelection as well as Governor, Lieutenant Governor, Attorney General and many local offices.

The deadline to register to vote in the upcoming election is October 16, 2017.

Every Virginian is the constituent of one Virginia Delegate (House member) that represents
your home District.

Saturday, October 7, 2017

Professor Catherine Carpenter: The Unconstitutionality of Sex Offense Laws


Published on Oct 6, 2017
Professor Catherine Carpenter (Southwestern Law School), a nationally renowned criminal law scholar in the area of sex crimes and sex offender registration laws, came to St. Francis College on September 26 to talk about The Unconstitutionality of Sex Offense Laws.

Her scholarship has been cited by numerous courts and used as a guide by attorneys; she is also one of the foremost authorities on law school curricula and accreditation. Among her important law review articles is, "Against Juvenile Sex Offender Registration."

The lecture was organized by St. Francis College Professors Emily Horowitz and Athena Devlin as part of the Fall 2017 Senior Citizen Lecture Series: Perspectives on American Politics & Policies.

https://www.sfc.edu/news-feed/~post/the-unconstitutionality-of-sex-offense-laws-20171006
https://www.youtube.com/embed/w-ct5YLdRUk

Thursday, October 5, 2017

The Myth and the Propaganda of Halloween and Registered Sex Offenders 10 Years of Articles and Research


Halloween is 3.5 weeks away which means news outlets everywhere will begin to run stories and write articles on Halloween Safety and Registered Sex Offenders. 


In a week or so I’ll post the Virginia RSO’s Do’s and Don’ts for Halloween that I have posted almost every year for the last 9 Halloweens. Just a reminder the only Don’ts in Virginia are for those RSO’s who are under VADOC Probation supervision. 

As for today’s post it’s a list of links to past articles and studies (oldest to newest) on the subject of Halloween and Registered Sex Offenders not being an actual danger. 

If any new articles are written this year or reports are released I’ll add them to this page. 

Mary Davye Devoy


 
I-  Past posts of articles on Halloween, the impending danger and Registered Sex Offenders:
 
II- Studies on Halloween and Registered Sex Offenders:
 

 

Saturday, September 23, 2017

Virginia State Police Sex Offender Registry: Arbitrary Due Dates, Limited Hours of Operation, Certified Letter Must be In-Hand, Photographs and Felonies



It’s mid-September and in my house, that means one thing, what’s my husband’s October work schedule look like for him to meet his legal obligation as a Non-Violent RSO who must re-register once a year in Virginia.

Some people might think, what’s the big deal he re-registers on his birthday easy-peasy, not in Virginia.

In Virginia Per § 9.1-904. RSO’s reregister:

  1. Every 30 days
  2. Every 90 days (not 3 months), the majority of VA’s RSO’s fall into this group.
  3. Every 180 days (not 6 months)
  4. Annually


A bit of history:

Your first registration sets future due dates, an RSO’s birthday has nothing to due with re-registration.

In VA when an RSO registers for the first time, their photograph is taken so originally an RSO’ photo due date was synced up with one of their re-registration dates, per VA Code a new photograph is due every 2 years (section C of the above code). But then years ago the Virginia State Police (VSP) started receiving new VADMV photographs from the Department of Motor Vehicles which were taken based on DMV’s license renewal due dates not VSP’s RSO due dates. So the majority of RSO’s photo due dates no longer matched up with one of their re-registration dates but became an arbitrary day in an arbitrary month. So on average VA RSO’s must re-register 4 times per year and every 2 years they add a 5th trip to a VSP location to get their photograph submitted. In 2017
the VSP stopped sending a certified letter for the photograph renewals, it’s now up to the RSO to remember on their own

Just for those who may not know any failure-to-reregister on time is a new felony conviction.

Just like any failure to update any change in home address, mailing address, employment, phone numbers, email addresses, vehicle registration or name throughout the year is also under threat of a felony.

 

In VA when your re-registration is coming due the VSP mails a certified letter and the RSO MUST have that certified letter in their hand if they re-register at a VSP location (some RSO’s choose to mail in their completed letters taking a risk that it may not be checked-in, in-time or at all) otherwise they will be turned away. I have previously posted (see the list at the bottom of this post) about these certified letters including their annual cost, the short time frame that they sometimes arrive within and their non-delivery by some USPS locations across the state.

 

So last year (2016) my husband’s VSP letter was mailed on October 7th (Friday), we received it on the evening of Tuesday the 11th (the day after Columbus Day Holiday) the first delivery attempt and it was due back to the VSP by the 23rd (a Sunday) so really by it was due by Friday the 21st. During that entire time, he was working, he did not have one day off so we had to improvise to get him to the VSP within the allotted timeframe. Now, if he could have gone in before his letter arrived to reregister, he could have easily done so but that’s not allowed by the VSP.

My husband is a shift-worker so leaving work to run an errand is not an option. His schedule also is not set in stone it varies every month and it can change if a coworker is sick or has an emergency as every position must be covered 24 hours a day.

As in past years it’s come down to just one or two days that he can make it in to a VSP location during their hours of operation (Mon-Fri 8:30-4PM and closed 12 holidays per year) to meet his legal requirement to re-register and/or submit to his new photograph.

It turns out 2017’s October schedule for him is no different, we just received it yesterday.

Knowing when the VSP will mail out the re-registration letter, accounting for the weekend and the holiday beforehand, more than one attempt to receive the letter (it must be signed for when the USPS delivery person rings the doorbell), the VSP hours of operation, one more weekend and my husband’s work schedule there is just 1 day for him to meet his legal obligation to get his photograph taken or possibly face a felony.

ONE day! On that one day an emergency could occur, his vehicle could breakdown or he could be called into work. Could he re-register and submit to a new photograph last week, this week, next week or even the first week of October? YES, he could in fact I counted 8 days he could take care of it during this timeframe, but the state won’t allow it. He must wait for the VSP certified letter to arrive and then beat the clock on the random date they have assigned him within the limited hours they are open.

AND, he's lucky. He only has to re-register once a year the majority of folks have to do it every 90 days and there are some every 30 days, under the same stupid rules and limited timeframe.

The truly sad and depressing part of this entire situation is there are times people don’t receive their letter in enough time or at all and then a VSP investigation is opened, they must hire an attorney and possibly face a new felony charge, cover the cost of bail and they face future prison time and/or VADOC Probation supervision.

How does any of this make our citizens, our society safer? It doesn’t and yet the madness continues.

It's time for Virginia to eliminate the USPS certified letters, to sync up the VSP photograph dates with a VSP re-registration date and to move towards a rotating/repeating re-registration system for RSO’s, find details here, http//goo.gl/z9Zd18 .




Mary Davye Devoy


Past posts on VSP Re-Registration letters and processes, VSP policies and VSP issues: