National Legislative Briefing Sex Offender Management Policy in the States

Transcription

1 The Council of State Governments National Legislative Briefing Sex Offender Management Policy in the States Exclusion Zones for Sex Offenders Little Rock, Arkansas January 27, 2007 Tom Ferguson Black Hawk County Attorney

2 July 2002

3 July 2002 COURT HISTORY Doe v. Miller,, 405 F.3d 700 (8 th Cir. 2005), cert. denied,, U.S., 126 S.Ct. 757, 163 L.Ed.2d 574. State v. Seering,, 701 N.W.2d 655 (Iowa 2005).

4 County Mapping

5 County Mapping

6 County Mapping

7 Language Issues Iowa Sex Offender Residency Law Issues / Problems / Concerns Regarding Iowa Law Application to individuals who established residence after July 1, 2002 new school or day care. Non-uniform interpretations of mapping from county to county (does not apply to day care facilities / schools established after July 1) How the 2000 feet is measured from day care / school to real property of offender (real property to real property line or structure to structure) Application of exemption as it applies to a minor Not applicable to the victim of offender s s crime

8 Issues / Problems / Concerns Regarding Iowa Law Language Issues Application to juveniles does not use the word adjudicated Application to individuals no longer required to be on sex offender registry Application to individuals never on sex offender registry Application to individuals whose offenses were committed upon adults not upon minor Use of the word committed rather than convicted

9 Issues / Problems / Concerns Regarding Iowa Law Enforcement Issues and Concerns Detrimental impact upon the intent of a Sex Offender Registry (public notification and awareness) Dedication of limited law enforcement resources for verification and enforcement Ever changing mapping due to new schools or day cares and closing of existing schools or day cares Ability to verify and enforce statute on individuals no longer required to be on SOR or supervision Homeless individuals Day cares who no longer serve children yet remain registered day care providers Impact upon offenders during the injunction who entered leases or made purchases

10 Issues / Problems / Concerns Regarding Iowa Law Issues and Concerns Enactment of local (city or county) ordinances which creates serious Constitutional issue of banishment

11 Iowa County Attorneys Association Observations Re: Residency Restrictions Research shows no correlation between Residency Restrictions (R/R) and reducing sex offenses against children Research does not support the position that children are more likely to be victimized by strangers at covered locations Creates false sense/perception of security

12 Iowa County Attorneys Association Observations Re: Residency Restrictions Nationally it is estimated that the vast majority (80-90%) of sex crimes against children are committed by a relative or acquaintance who has a prior relationship or access to the child In Iowa,data (FY06) shows that a minimum of 95% of inmates entering the Iowa Correction institutions had a prior relationship relationship or access with their victim (non strangers) No demonstrated protective effect of R/R that justifies draining scarce law enforcement resources

13 Iowa County Attorneys Association Observations Re: Residency Restrictions Law enforcement has observed that R/R cause offenders to Become homeless Change residency without notifying authorities Register false address Disappear All result in damage to reliability to SOR Does not serve the public interest

14 Iowa County Attorneys Association Observations Re: Residency Restrictions Unaccounted sex offenders on the sex registry doubled after law went into effect Sex offenders are now living under bridges, at interstate rest stops, truck stops, in cars/ tents at public parks, and a vans down by the river Clusters of sex offenders are now being created

15 Iowa County Attorneys Association Observations Re: Residency Restrictions Negative consequences observed by prosecutors include Defendants are less likely to enter into plea agreements Consequently, offenders may not be held fully accountable Trauma to victims re: trial more likely Defendants are less likely to talk to or confess to law enforcement

16 Iowa County Attorneys Association Observations Re: Residency Restrictions Categories of crimes included in the R/R are too broad imposes restrictions on offenders who pose no known risks to children (i.e. Statutory Rape) Geographic areas in the prohibited 2000 ft zones are so extensive that realistic opportunities to find housing or affordable housing is virtually eliminated

17 Iowa County Attorneys Association Observations Re: Residency Restrictions Negative impact upon offender s s families who are required to move or be separated Negative impact upon offenders who are physically or mentally disabled who rely upon family members for assistance R/R has no time limit and therefore the restriction last beyond the period the offenders are required to register making enforcement nearly impossible

18 Iowa County Attorneys Association Observations Re: Residency Restrictions Drastic reduction in appropriate housing / forced moving of offenders is contrary to established principles of treatment and rehabilitation Transportation issues Stable residences Family and community connection Treatment availability

19 Iowa County Attorneys Association Potential Solutions Safety Zones (Illinois Statute) Risk Assessments Narrow scope of application to offenses against children not minors Preempt local ordinances Programs that focus on danger that lie within child s s family/acquaintances icaa.com

20 The Council of State Governments National Legislative Briefing Sex Offender Management Policy in the States Exclusion Zones for Sex Offenders Little Rock, Arkansas January 27, 2007 Tom Ferguson Black Hawk County Attorney