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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. 
 

Texas’s Sex Offender Management, Registration, Housing, its SVP Program and its Judiciary ALL Need a Complete Overhaul!

 
Over the last 9 + months there have been some outlandish Texas stories, cases and issues but reading today’s list of restrictions for the SVP’s in Texas under civil commitment (who live in the communities, not relegated to a facility) finally pushed me to post a handful of these RSO Texas articles.  

Maintaining housing, employment and compliance as an RSO in the Lone Star State is beyond impossible especially when they are instructing you how you are permitted to look at others, how you are allowed to watch television, how you are allowed to masturbate when alone and how you are allowed to fantasize when you are alone. Oh and if you don’t know you will be late 45 minutes before you are actually late and fail to notify them those 45 minutes ahead of time, Violation! 

Thank goodness we aren’t in Texas folks! 

Mary 

Texas' sex offender program has long list of rules, January 5, 2014
By Brian Reynolds

Offenders in Texas’ civil commitment program are required to abide by a host of rules relating to their confinement, monitoring, interactions, treatment and sexual activity. Violations of the rules can result in criminal charges, a jury trial and imprisonment. 

From sex offenders being moved into neighborhoods without notice, to Old West style banishments from the state, Texas' controversial civil commitment program has been under fire for the past year.