RM262: Risk for Reoffense – Who Decides?

The Static-99 is the most commonly used tool for sex offender risk assessment. Although many states are moving away from using risk-based assessments to offense-based models so they can comply with the Federal Adam Walsh act, some states still use assessments like the Static-99. A case from Rhode Island centers on another risk-based assessment tool, the STABLE-2007. In the Rhode Island Supreme Court case, State vs. Cesare, the court rules that the reliance on a STABLE-2007 assessment tool was not appropriate for determining Mr. Cesare’s assigned risk-level.

Therefore, he is eligible for a new assessment under a different tool. Other non-contact offenders can use that ruling to receive a new risk assessment.

Many who are on the registry would like states to move toward a risk-based model, but states are moving away from them. One reason is that the Adam Walsh Act recommends the use of categories to place individuals in tiers. Another reason states are moving away from risk assessments is the cost. It is easier to assign tiers on the type of conviction. Risk based assessments are more expensive to perform and are more complicated.

First of all, we need to determine what the goals are at the risk assessment scheme. Because risk assessment schemes are done for several reasons, including sentencing, parole, probation, supervision management. But in terms of registration, if you want a standalone system for registration, do you want to utilize the risk assessment to determine whether the person is visible on the internet website?

Or do you want to make it determine if the person’s duration of registration could be lessened depending on the risk? Or do you want to determine if there are any additional residence restrictions or housing or employment restrictions?

There are other important questions that need to be addressed in regards to risk-based registration.

How would you want the registration scheme to be modified?

Are you suggesting that the person not be listed on the website? Or do you want to reduce the registration periods based on the outcome?

How much would it cost to create the entity that would determine the person’s risk? That entity would need some level of staffing that would include professionals to conduct the individualized evaluations. Otherwise, you are stuck with using an instrument such as a Static 99. Which is what they are doing, I think up in Oregon.

What would the process of the appeal look like the register if they disagreed? Would it be administrative? Or would it be judicial? There’s a different level of expertise and a different level of proof and expenses related to those appellate processes.

So a lot of unanswered questions.

The episode includes several listener questions, and discussions about a bill in Oklahoma, a Clayton County corrections officer arrested for having sex with an inmate, and a short discussion about a bill in Georgia that seeks to expand the amount of criminal charges that would require bail.

Highlights

[02:01] Listener question about legislative win in Washington state.

[09:01] Are pardons recognized in other states?

[12:41] Rhode Island risk assessment case.

[38:35] Clayton County corrections officer who had sex with an inmate.

[50:16] Oklahoma bill that would allow nursing homes to the juvenile sex offender registry.

[56:04] Georgia House vote on bill that increases the number of crimes that require bail to be released from jail.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm262-risk-for-reoffense-who-decides

Leave voicemail: 747-227-4477

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM261: Police Stings–Preying on Human Emotions Works

Police stings, where officers go into adult chat rooms and pretend to be an under-aged person, continue to be an important topic. A member of CAGE (Citizens Against Government Entrapment) is our guest. We cover a range of topics, including sentencing guidelines, constitutional issues, and are police stings entrapment if law enforcement is pretending to be a minor on an adult website.

Sentencing guidelines in both states and the federal system are complicated by several factors. First, the federal government takes jurisdiction in internet-based crimes, and federal punishments are often more severe than state punishments. Second, each state has its own statutes, so it is difficult to compare the harshness of sentencing.

However, the fact that in some cases a person convicted from a sting operation will serve more time than a hands-on crime does not seem fair.

And why do these stings work? Why do men continue to communicate with an individual who after a series of exchanges claims to be underage? Well, law enforcement knows how to play these men so that it becomes more difficult to say no. Ultimately, it is the responsibility of the adult to say no, but they often don’t because they have convinced themselves the person claiming to be under-aged is interested in role-playing games.

It is also frustrating that although law enforcement is creating a crime where none would have otherwise happened, claims of entrapment are very difficult to prove in the courts.

An upcoming episode will further answer the question of are police stings entrapment.

Most of episode 261 is about police stings, but we do answer several listener’s questions about plea deals, how long a person can be held without bail, and if the judicial system would collapse if no one took a plea.

Highlights

[03:40] Listener question about the length of time you can be held without a trial.

[10:59] Would the system crash if everyone refused a plea bargain?

[18:55] Question about federal statute and residency restrictions.

[26:38] Discussion about police tactics in online stings to entice men to solicit minors.

[1:05:34] Decision to explore this topic and Georgia’s legislative decisions that move the state backwards on criminal justice.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm261-police-stings-preying-on-human-emotions-works

Leave voicemail: 747-227-4477

Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters

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Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280

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RSS: https://www.registrymatters.co/feed/podcast/

Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM260: Behind the Broken Promise of Plea Bargains

Today’s podcasts focuses on plea deals and whether a person should take one. The Plea Bargain Task Force studied the plea deal system for several years. It concluded that the plea deal system needs to be more fairer and more transparent. What would that look like?

For one, defendants should be made aware of the rights they are giving up on taking a plea. Secondly, judges should ask defendants taking a plea more probing questions to make sure the defendant knows what he or she is giving up in return for a deal.

For example, defendants give up the right to cross examine law enforcement and witnesses later. In addition, unless there is serious new evidence you can introduce, evidence that was not available to you at the time you took the plea, the courts are not likely to grant you a trial at a later date.

We discussed the conviction of former Sheriff Victor Hill in Clayton county, Georgia, and whether the punishment he received for unnecessarily strapping prisoners in his custody was adequate. He was sentenced to a year and a half, six years of supervised probation, and 100 hours of community service. In addition, he is forbidden from ever working in law enforcement in any capacity.

Was that adequate time? He received less time than some people who commit less serious crimes. However, his career is ended, his reputation is shredded, and his time behind bars will be difficult due to being a former law enforcement officer. We tend to lock people up for a long time in this country. Arguing that long prison sentences are not helpful and then wanting Victor Hill to receive a longer sentence seems contradictory.

Louisiana House Bill 135 wants to ban PFRs from working at polling stations, and we discuss the approach to take when talking to lawmakers about a bill that is a solution in search of a problem.

Kansas’s shortage of public defenders is just the latest example of a problem in the criminal justice system. Sixty years after the Supreme Court decision in Gideon vs. Wainwright that all defendants should have adequate defense, many states across the country are still not providing enough resources so that public defenders can adequately represent defendants who cannot afford attorneys.

Highlights

[07:05] Discussion of increases in reported sexual assaults at military academies.

[13:24] Louisiana House Bill 135.

[28:40] Plea bargains.

[48:45] Clayton County Sheriff Victor Hill.

[57:50] Shortage of Public Defenders in Kansas.

How to Contact and Listen to Registry Matters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM259: Federal Judge Blocks Expanded Residency Restrictions in Rhode Island

We devote much of the show to good news out of Rhode Island, where a federal judge ruled that residency restrictions that were applied retroactively are unconstitutional. The Rhode Island law would have required tier-three PFRs to move out of the expanded residency zone, even if they owned a home within it.

The judge saw many problems with the law, including that the law was vague, and that the state hadn’t even clearly defined what was meant by a school. Since the law created confusion about what is meant by a school and its property, an ordinary citizen would not know whether they were breaking the law.

Although there is a likelihood the state’s attorney will appeal the motion, it is an important decision, not just for Rhode Island residents. A negative ruling would have the potential to spread to other states.

A listener’s question about GPS monitoring led to a discussion about the expenses that PFRs are burdened with. The listener has spent nearly 13,000 dollars on monitoring and wanted to know if any of that money would be refunded if the law were found unconstitututional. The answer is most likely no.

We also discussed recent wins in New Mexico and the legislative process and what does and does not work when trying to persuade lawmakers and touched on the death of a PFR that happened recently in Michigan.

Highlights

[03:15] Listener question about GPS monitoring in Wisconsin.

[15:52] Why data doesn’t always get you what you want.

[22:00] Legislative victories in New Mexico.

[32:04] Rhode Island Judicial Decision.

[1:01:33] Discussion of a story out of Michigan in which a PFR was killed with a moose antler.

How to Contact and Listen to Registry Matters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM258: GPS and the 4th Amendment–Stay Tuned

Is GPS monitoring unconstitutional? When the Supreme Court remanded Grady v. North Carolina back to the state, it essentially said that GPS monitoring after an individual has completed their sentence and is off of supervision (including any probation or parole), violates an individual’s 4th amendment right. The court agreed that GPS monitoring of a private citizen is an illegal search.

The Court’s sent the case back to North Carolina, where it took another four years until lawyers for Torrey Grady won their case in that state’s Supreme Court. We highlight why that positive win has not yet eliminated the use of GPS (also known as Satellite Based Monitoring) for those no longer under community supervision.

Programs in various states differ in important ways. For instance, not every state allows for lifetime monitoring. Of the ones that do, some allow for monitoring only if the offender is on probation or parole, while others allow unsupervised individuals to be monitored. So the patchwork of laws in different jurisdictions makes it difficult to have consistency for how the ruling is applied.

Also, the court ruled that GPS monitoring might not be unconstitutional if the monitoring is “reasonable.” Since each state can determine what is considered reasonable, the state can argue that lifetime monitoring is not unconstitutional because they consider it reasonable. We believe more litigation will be needed to close loopholes states use to continue this practice.

We also expand on a listener’s question from several episodes back about Nevada law, and remind listeners that federal guidelines are merely advisory. States are allowed to go beyond them. Therefore, don’t rely on federal guidelines when making determinations on your case. Instead, rely on your state’s guidelines.

We also cover two articles briefly. One is a follow up to a recent episode about military sexual assault cases. The other details the positive steps being taken to improve voting rights to individuals with felony convictions.

Highlights

[05:16] Importance of not alienating committee members when testifying before legislative committees.

[09:15] Follow up to listener’s question about sentencing in Nevada.

[21:01] Detailed discussion of GPS monitoring.

[44:00] Sexual assaults on U.S. military academies.

[47:02] Legislation that advances voting rights for those with felony convictions.

How to Contact and Listen to Registry Matters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM257: Don’t Want a PFR Nearby? In California open a home school

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM256: Don’t Fall for the Scam: Law Enforcement Doesn’t Call Before an Arrest

Many people on the sex offender registry have received a scam phone call from someone claiming they work for law enforcement. These calls typically allege an arrest warrant is out for the PFRs arrest due to some violation of registry rules. And scammers are more sophisticated, creating realistic call back numbers and using the lingo of law enforcement.

We cover a scam that occurred to one of our patrons, describe it in detail, and discuss how these scammers have become more sophisticated. This particular scam included a QR code along with instructions for printing a “verified receipt.” Unfortunately, even after notified of the scam, law enforcement rarely investigates such scams.

Bottom line, however, is that law enforcement does not call in advance to warn you. If they want to arrest you, they will show up.

Our program also analyzes several clips from a recent Intelligence Squared debate between Dr. Emily Horowitz and Cary Federman. Although Mr. Federman’s comments show that he is clueless and makes false claims about the registry. Although Dr. Horowitz held her own, she fell into the low recidivism trap. Although low recidivism is an accurate argument, it is not a winning one unfortunately.

A listener’s question about the recent case in Missouri leads to a discussion about the importance and intricacies of lobbying.

Finally, we discuss another tragic case of an inmate dying in custody in Jasper, Alabama. When he arrived at the hospital, his temperature was 72 degrees. Once again, another inmate dies while under the “care” of prison officials.

Highlights

[04:00] Clips of Senator Lindsey Graham questioning a nominee for the district court in California.

[15:52] Inmate freezes to death in Alabama jail.

[22:00] How to lobby for changes in a law.

[35:00] Latest scam out of Georgia.

[46:30] Dr. Emily Horowitz debate on Intelligence Squared podcast.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm256-dont-fall-for-the-scam-law-enforcement-doesnt-call-before-an-arrest

Leave voicemail: 747-227-4477

Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters

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Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM255: Chemical Castration–Little Success, Lots of Side Effects

We cover chemical castration again. This time with an expert with a PharmD named Travis. We got really deep into the chemical used, the dose and the side effects. We also looked at a Republican sponsor bill in Georgia that makes prostitution a felony. We carved out time to cover some news articles at the end.

Highlights

[02:00] Expert information on chemical castration

[28:47] GA Senate Bill 36

[46:53] California voters could decide whether to reinstate voting rights to people in prison on felony convictions under a newly proposed constitutional amendment.

[48:53] A Washington state lawmaker who has spent time in prison wants the state to pay incarcerated workers minimum wage for doing their jobs.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm255-chemical-castration–little-success-lots-of-side-effects/

Leave voicemail: 747-227-4477

Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters

Follow us on Twitter: https://twitter.com/RegistryMatters

Join the Discord server: https://discord.gg/6FnxwAQm57

Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry-matters

Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280

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RSS: https://www.registrymatters.co/feed/podcast/

Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM254: Clueless in Missouri: Unclear Law Keeps PFRs On Registry

Because of an unclear statute in Missouri’s law, two PFRs who were eligible to get off the registry are now required to register for life. We explore the case of Brock Smith and Gary Nelson Ford, and why Missouri’s Supreme Court concluded that even though Missouri law was unclear, they would defer to the legislative intent. Except the legislative intent is unclear.

Iowa is proposing a law that would require PFRs to register for life even if they are no longer required to do so. We dig deeper into that law. It calls for the creation of a fourth tier, with minimal restriction requirements, probably to avoid constitutional Ex Post Facto Clause issues. However, we feel the minimal restrictions will become harsher.

Both of these cases highlight why PFRs should remain active in the fight against the registry. Just because a registrant is currently off the registry, legislatures and courts can find ways to put you back on, if they so choose.

Travel out of the country is a reoccuring question, and we try to answer one listener’s question about moving traveling out of the US after being off supervision. Unfortunately, much of the information available is anecdotal. PFRs off supervision will be granted the right to leave in most cases, but we cannot with certainty say whether the country they wish to travel to will let them in.

Highlights

[02:20] Listener question about overseas travel after supervision has ended.

[12:10] Update on the New Mexico legislation, House Bill 128.

[20:00] Missouri Supreme Court denies PFRs petition to be removed from the registry.

[42:54] Discussion of Iowa HF 77, which attempts to put PFRs back onto the registry.

How to Contact and Listen to Registry Matters
https://www.registrymatters.co/podcast/rm254-clueless-in-missouri-unclear-law-keeps-pfrs-on-registry
Leave voicemail: 747-227-4477
Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters
Follow us on Twitter: https://twitter.com/RegistryMatters
Join the Discord server: https://discord.gg/6FnxwAQm57
Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry-matters
Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280
Google Play Music: https://play.google.com/music/listen?u=0#/ps/Icuxbpzvyti7wtoredipbtiojqy
RSS: https://www.registrymatters.co/feed/podcast/
Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI
YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM253: Chemical Castration: Doesn’t Work But Earns Politicians Votes

This podcast focus on the latest attempt to enact Chemical Castration legislation for PFRs. The latest attempt, House Bill 128, comes out of New Mexico. If passed, New Mexico would become the 9th state to have some form of legislation related to chemical castration and registered sex offenders, or PFRs.

Representatives Stefani Lord, who co-sponsored the bill, made the typical and false claims about high recidivism rates. She also makes claims about what the bill that contradict current New Mexico sentencing and release guidelines.

The bill is so poorly written that it has little chance of being passed because it contains several unconstitutional provisions. For example, it’s not constitutional to force people to undergo such a procedure, especially when they receive nothing in return. In addition, the bill proposes to create a new felony offense for failing to undergo the treatment, which would be a technical violation. Finally, the bill would require the court to determine when the treatment is no longer necessary but gives the court no guidelines on how to make that determination.

We also discuss the legislative process in New Mexico, the steps necessary for a bill to get a floor vote, and what can be done to keep it from getting “out of committee.”

Because this bill is nearly identical to Alabama’s law about chemical castration and sex offenders, we believe an unnamed organization is behind these bills, sending them to lawmakers in nearly every state. So we might see more of these bills introduced nationwide.

A listener asks about passport markings, and unfortunately, we do not have a clear answer. The guidelines for whether the marking will be added to a new passport when someone has timed out of Megan’s Law are not readily available.

Highlights

[02:20] Listener question about passports after timing out from Megan’s Law.

[10:22] Overview of the New Mexico legislation, House Bill 128.

[23:00] Possible strategies to kill the bill.

[37:35] The legislative process in New Mexico.

How to Contact and Listen to Registry Matters

Leave voicemail: 747-227-4477

Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters

Follow us on Twitter: https://twitter.com/RegistryMatters

Join the Discord server: https://discord.gg/6FnxwAQm57

Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry-matters

Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280

Google Play Music: https://play.google.com/music/listen?u=0#/ps/Icuxbpzvyti7wtoredipbtiojqy

RSS: https://www.registrymatters.co/feed/podcast/

Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.