Transcript Sexual Predator Punishment and Control Act of 2006

Sexual Predator
Punishment and Control
Act of 2006: Jessica’s
Law
Ken Carabello, LCSW
FMHAC
March 15, 2007
History
2005 Florida law named after Jessica Lunsford,
murdered by John Couey in 2/05. Key
provisions:
Mandatory minimums – 25 years
 Lifetime electronic monitoring for certain
offenders
 SVP changes
 Additional aggravating circumstance for death
penalty

Residency Restriction
Previous Law
Jessica’s Law
Prohibits some offenders
convicted of lewd and
lascivious conduct against
a child from living within
one-quarter mile (1320
ft.) of a school, for the
duration of their parole.
Prohibits all registered
sex offenders from living
within 2000 ft. of a
school or park, for the
duration of their
registration.
Allows local governments
to include additional sites
they deem appropriate,
such as children’s
museums or water parks.
Residency restriction has been found
constitutional – Eighth U.S. Circuit Court
found in Doe v Miller that the U.S.
Constitution does not include a “right to
live where you choose.”
 First law in 2001. Since then, many states
are adopting

Two Cases Challenging Residency
Restriction

Judge Lawrence Karlton ruled residency
restriction were not retroactive.

Judge Jeffrey White ruled not retroactive
and dismissed the case saying that there
was no injury.
Residency Restrictions

CO in 2004 found that sex offender
reoffense was not related to their
residence proximity to schools

MN in 2003 found that sex offender
proximity to schools or parks did not
increase likelihood of reoffense
Myths Contributing to Use of
Residency Restrictions
All sex offenders reoffend
 Stranger danger
 Treatment does not work

Sex Offender Residency
Restrictions
Iowa County Attorneys Assoc., Jan
2006
No known correlation between residency
restriction and reduction of sex offenses
Children not attacked by strangers at covered
locations
Stranger attacks rare.
Law enforcement notes restrictions cause
homelessness, failure to report residence changes,
and false address registrations (Des Moines
Register reported twice as many unknown location
of sex offenders 1/06)

No demonstrated protective effect of residency
requirement
Categories of crimes too broad, imposing restrictions on
those with no known risk to children in covered
locations
Families of offenders also restricted. Children pulled
from schools, spouses losing jobs and community
connections
Physically and mentally disabled offenders prohibited
from living with supports
Affordable housing and transportation scarce in
available areas
No time limit
No accommodation for those on parole or probation
Numerous negative consequences of the lifetime
residency restriction has caused a reduction in the
number of confessions made by offenders.
Counterproductive to well established principles of
treatment and rehabilitation.
Other Residency Consideration
Access to employment
 Access to treatment
 Access to community support

Current Policy with Parolees
Applied to those who paroled after
11/8/06
 If currently out of compliance, they are
asked to develop a plan to get in
compliance
 If they do not actively engage in the plan,
they can be revoked.

GPS Tracking
Previous Law
Jessica’s Law
Permits the state to use
GPS tracking as a
condition of parole for
convicted sex offenders.
Requires registered sex
offenders released on
parole to be placed on a
GPS tracking system for
life. Requires offenders to
pay for their own GPS
equipment, if they are
financially able.
Electronic Monitoring
Radio Frequency
 GPS

– Passive
– Active
 Workload issues
 What is can do; and what it can’t do
Use increasing across country

There is some emerging evidence that EM
is effective at reducing return to custody,
new offenses, and absconding while the
units are on
– 2002 Georgia
– Florida

Most in the field of sex offender
management recommend its use with the
highest risk offenders
Sexually Violent Predators
Previous Law
Jessica’s Law

Requires two offenses before a
predator can be classified as
“sexually violent.”

Allows for an offender to be
evaluated as a sexually violent
predator after one crime.

“Sexually Violent Predators
(SVP’s)” may be civilly committed
to a state hospital for a two year
term. District Attorneys may file a
new petition every two years
demonstrating the offender is still
a danger.

Allows for indefinite commitment
to a state hospital (like other
states with an SVP program) until
the SVP can prove to a court they
no longer fit the criteria.

Requires SVP's parole period to
toll while in the state hospital so
they still have to serve their parole
time after discharge.

SVP’s may run their parole time
out while civilly committed,
leaving no parole jurisdiction upon
release.

Since Jessica’s Law, referrals to DMH for
SVP assessments have increased 10 fold.

Bed space issues
Child Pornography
Jessica’s Law
Previous Law

Possession of child
pornography is a
misdemeanor.
Possession of child
pornography is a
wobbler (alternate
misdemeanor/felony).
 Possession of child
pornography is a
felony if the offender
has a prior conviction
of a sex offense.

Internet Luring
Previous Law


Previous law required
direct harm to occur
before criminal penalties
can be attached.
Law enforcement
attempts to go
undercover to capture
internet predators are
often disallowed by the
courts because of vague
statute.
Jessica’s Law


Specifically prohibits any
contact or communication
with a minor for the
purpose of engaging in
sexual conduct or abuse.
Specifically allows law
enforcement to act as
decoys in order to engage
and capture internet
predators.
Date Rape
Previous Law

Imposes an additional
three-year prison
term for persons who
force the use of
specified controlled
substances in the
commission of a
felony.
Jessica’s Law

Imposes an additional
five-year prison term
for persons who use
specified controlled
substances (i.e. date
rape drugs) in the
commission of
specified sexual
crimes, such as rape
Good-Time Credits
Previous Law

Jessica’s Law
Allows sex offenders
 Eliminates the use of
to reduce their prison
“good-time credits”
terms through the use
for habitual sex
of “good-time
offenders.
credits.”
Increased Parole Terms
Previous Law

Provides for parole
terms from 3-5 years
for various sex
offenses.
Jessica’s Law

Provides for parole
terms of up to 10
years for the most
heinous sex offenses.
Sentences
Previous Law

Perception that sexual assault
punishment statutes failed to
include the full range of crimes
committed by sexual predators.
Jessica’s Law



Perception that sexual assault
punishment statutes failed to
provide adequate punishment for
many sexual predators.


Expanded and strengthened basic
sexual assault punishment statutes,
including those for “One Strike” Sex
Crimes, “Habitual Sex Offenders,” and
“Aggravated Sexual Assault of a Child.”
Added a broad range of forcible sex
crimes and child molest crimes to
these statutes.
Increased the penalty to life
imprisonment for kidnapping for the
purpose of child molestation and for
assault with the intent to commit sex
crimes during a residential burglary.
Expanded the requirement for
mandatory prison sentences and
mandatory consecutive sentences for
sex crimes.
Ken Carabello, LCSW
[email protected]
(310) 584-1581