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Monday, January 5, 2015

Action Item for Virginia Delegate Dave Albo’s Bill HB1505 has 2 Sections "Forever Prohibiting" an RSO - #1- Residency Restriction of 1,000 ft from “Victim” #2- Knowingly Having Any Contact with the “Victim”

 
Virginia Bill HB1505 titled Sex offenses prohibiting proximity to victims of the offense posted in LIS this afternoon. It is patroned by Delegate David B. Albo and I attempted to discuss his bill via phone but the Delegate wasn't interested in taking my call, surprise, surprise!

Delegate Albo is trying to pass a residency restriction law against Virginia Sex Offenders (which would be unconstitutional) without revising § 18.2-370.3. But instead creating a new section 18.2-370.2:1 for “victims” protections from the “Sex Offender” in their specific case. Tricky, tricky, tricky Delegate Albo.

Summary of HB1505:
Provides that any adult who is convicted of certain sex offenses on or after July 1, 2015, shall be forever prohibited from (i) knowingly having any contact with the victim of the offense and (ii) residing within 1,000 feet of the boundary line of any place he knows is the residence of the victim 

Full Text of HB1505:
§ 18.2-370.2:1. Sex offenses prohibiting proximity to the victim of the offense; penalty.  

For purposes of this section "offense prohibiting proximity to the victim of the offense" means a violation or an attempt to commit a violation of clause (ii) or (iii) of § 18.2-48, § 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, or 18.2-67.3, subsection B of § 18.2-361, subsection B of § 18.2-366, or § 18.2-370, 18.2-370.1, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-374.4, or 18.2-379 

Every adult who is convicted of an offense prohibiting proximity to the victim of the offense when the offense occurred on or after July 1, 2015, shall be forever prohibited from (i) knowingly having any contact with the victim and (ii) residing within 1,000 feet of the boundary line of any place he knows is the residence of the victim. An adult who is convicted of an offense prohibiting proximity to the victim of the offense and has established a lawful residence shall not be in violation of this section if the victim establishes a residence within 1,000 feet of the adult's residence subsequent to his conviction.  

A violation of this section is punishable as a Class 6 felony.
 

Residency Restrictions are based on myth, fear and hate.  

Residency Restrictions DO NOT affect recidivism rates, they do not make society safer and they in fact make a successful reentry back into society for our former-offender much less likely because they increase homelessness and make tracking much more difficult and expensive for the state. 

Maia Christopher, head of the Association for the Treatment of Sexual Abusers, the group "does not support the use of residence restrictions as a feasible strategy for sex offender management" because of a lack of evidence they do any good. 
 





 

How is an RSO supposed to know where their “victim” resides 1, 3, 5, 10, 15, 25 years after the conviction? Is the state of Virginia going to verify all possible residences for our RSO’s to approve or deny their selections based on where the “victim” lives? There would have to be some sort of mapping and management system created for this law to be enacted because every year Virginia adds an average of 1,008 new RSO’s to the VSP Registry.

Every time a “victim” moves, will the Commonwealth advise the RSO? 

What if the “victim” is the child, step-child, sibling, grandchild, niece, nephew or cousin of the RSO? With this proposal the Commonwealth supporting the permanent fracture of families that have mended through restorative justice, therapy, time and forgiveness? 

What if the “victim” becomes the RSO’s spouse?
We have many 18, 19, 20 and 21 year old Virginians who are prosecuted in Virginia for consensual sexual contact with 14, 15, 16 and 17 year olds. With this proposal is the Commonwealth is supporting the creation of a crime that prohibits our citizens from marrying who they chose to marry?
HB1505 is based on ZERO facts, evidence or research.  

HB1505 is prejudice, it encourages fear-mongering and government sponsored banishment......... all with a Felony punishment for a conviction and a punishment that has already been served by the former-offenders. 

HB1505 is NOT an administrative act, it is a punitive act after the court-mandated sentence has been given.

Housing, Employment and support of family all plat a critical roll in any former-offender re-offending years after they have reintegrated back into our communities and HB1505 makes available housing and the support of family a Class 6 Felony in Virginia. 

If an RSO is harassing, stalking or abusing their “victim” there are already laws in place to charge the RSO with a new crime for those actions, HB1505 is unnecessary for protecting crime victims from further victimization. 

Please Email or call your one Virginia Delegate and your one Virginia Senator to voteNoon HB1505! 

Mary Devoy