Friday, February 19, 2016

Action Item to Save SB11-Patroned by Senator Janet Howell: It will be Heard by the Virginia House Courts of Justice Criminal Sub-Committee Next Monday February 22, 2016 in the Afternoon


SB11  was “killed” by laying it on the table in today’s House Courts of Justice Criminal Sub-Committee. 

Delegate Morris made the first motion and then most (if not all) of the Republican members seconded his motion. 

I’m sorry everyone. This was my third attempt in 6 years to get the Employer/Company Name AND the address removed from public view. 

I may not look for a patron in 2017 but I WILL try again, I will not give up on this goal I know how very important it is.


Original Post:

Virginia Bill SB11  is scheduled to be heard next Monday afternoon in House Courts of Justice Criminal-Sub Committee.

Past Action Items/Posts for This Bill:
·         January 26, 2016
·         January 18, 2016
·         January 14, 2016
·         December 18, 2015 

Past News Articles about This Bill:
·       Changes Considered for VA's Sex Offender Registry, February 9, 2016
·       Bill Proposes Changes to VA Sex Offender Registry, January 25, 2016
·       Virginia Senate Approves Eliminating Employer Names from Sex Offender Registry, January 25, 2016
·       Howell Bill Aims to Remove Employer Name, Address from Sex Offender Registry, December 28, 2015

Originally SB11 proposed to remove the Employer/Company Name AND Address from the Virginia State Police Sex Offender Registry.  

The Virginia Senate Courts of Justice Committee amended it to JUST remove the Employer/Company name, it passed out of that Committee on a vote of 9 to 5. 

Then it passed out of the Full Senate on January 25th with a vote of 22 to 17, a squeaker! 

On Monday the Virginia House Criminal Sub-Committee will hear it and I’m gonna let you all know the odds of SB11 making it out of this Sub-Committee are the worst ever. Back in 2012 this same Sub-Committee “killed” a version of this Bill (HB413) patroned by a member of this Sub-Committee. Now there are some new members but the same ones who have previously “killed” other Bills I’ve found Patrons for in 2009, 2010, 2011, 2012 and 2014 are on this Sub-Committee. They know this Bill was patroned at my request and they never want me to succeed in getting a Bill through the Virginia Legislature. 

Earlier in the day (Monday the 22nd) I will be opposing Delegate Rob Bell’s Bill (the Chairman of the House Criminal-Sub Committee) in the Senate and I predict he will take the opportunity later that day to swiftly kill SB11. 

So this is the reason I do NOT plan on speaking in favor of SB11 in the House Criminal-Sub but I will be in the audience to listen to the entire discussion. I don’t want my public support of SB11 to affect it’s outcome. 

That’s why I need all of you to take action today! 

Please Email or call  your Virginia Delegate AND every member of the Full House Courts of Justice Committee (see below) and ask them to vote “Yes” on SB11. 

Tell them as of February 2016:
  • 29 States do not list any employer information publicly; five of those States are Federal Adam Walsh Act AWA/SORNA compliant
  • 10 States publically post just the address; eight of those are AWA/SORNA compliant
  • 5 States post the city, county and/or zip code; 3 of those are AWA/SORNA compliant
Why does this matter?
Because possibly being Federal AWA/SORNA compliant (one day) has been one of the previous arguments made against this proposal by both the Virginia State Police (VSP) Legislative Liaisons and by some House Courts of Justice Committee members. This claim is FALSE! 

The Federal Adam Walsh Act/SORNA guidelines mandate the employers address be listed on-line but not the company name. But per the below list 17 States that the SMART Office has certified as AWA/SORNA compliant 8 of those do NOT publicly list the employer address. So Federal Certification is possible without the employer’s address being publicly posted. 

In September 2013 Texas and in 2012 Kansas both removed ALL employment information from their public registries.  

Why? Because those 44 States & Congress recognize employment as a top priority in an ex-offender's successful reentry back into our communities. Without employment the rules of probation would be broken, court fines and restitution would not be paid and stable housing would be impossible. 

A homeless RSO is an untraceable RSO, & that makes registration irrelevant. 

What Stays the Same IF SB11 Passes?
  1. RSO’s would still register ALL their employer information with the Virginia State Police (and their VA-DOC Probation Officer).
  2. The Virginia State Police (and their VA-DOC Probation Officer) would still confirm that their place of employment does not violate any State Law AND they would still confirm that the RSO does actually work there. 
By publicly posting this information the Commonwealth is currently penalizing Virginia Businesses that are willing to hire citizens who have paid their court-ordered debt to society. Most employers knowing their company would be listed on the VSP Registry don’t hire qualified candidates because they don’t want to be bothered with the criticism, shame, intimidation, harassment and sometimes threats by customers, clients, neighboring businesses and by those who specifically want an RSO to fail out of vengeance and hate. 

It’s Time for Virginia’s Legislature to stop shaming Virginia Employers who are willing to give our Former-Offenders the ability to provide for themselves and to remove unnecessary barriers that 44 other States have already determined to be 100% counterproductive.

Thank you!


2016 - House Courts of Justice Committee
Richmond, VA. During Session
David Albo*
Les Adams*
Robert Bell*                                      *Also on VSCC
Jeffrey Campbell
Benjamin Cline**
*Also on VCSC
Christopher Collins*
C. Todd Gilbert**           
*Also on VSCC
Gregory Habeeb
Charniele Herring* *Also on VSCC
Patrick Hope*
Terry Kilgore
Paul Krizek
James "Jay" Leftwich
G. Manoli Loupassi *Also on VSCC
Jennifer McClellan
*Also on VSCC
T. Monty Mason*
Jackson Miller*
J. Randall Minchew
Jason Miyares
Richard Morris**
David Toscano
Vivian Watts*
*  -On Criminal Sub-Committee
*  -On Both House Committees that hear majority of RSO Bills