UNCENSORED version of the March 2010 edition ... - Defense for SVP

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12 Legal Beagles, Inc JESSICA’S LAW RESTRICTIONS CRITICIZED Restrictions Continue Forcing Ex-Offenders Into Homelessness With the California Attorney General estimating that, at least in San Diego County, three out of every four registered sex offenders is living in violation of state residency restrictions, public criticism of Proposition 83, the Sexual Predator Punishment and Control Act of 2006—AKA Jessica’s Law—is growing. It’s been over three years since voters passed Prop 83, and the cost to the public continues to grow without any evidence that Jessica’s Law has made society any safer. In fact, there are solid indications that just the opposite is true—Jessica’s Law has actually increased concerns about public safety. Clinical Psychologist Tom Tobin is a member of the state Sex Offender Management Board, a professional organization made up of law enforcement personnel, clinicians, and others who deal with sexual offenses and offenders. Regarding Jessica’s Law, he said, “The initiative itself was so badly written, no one knows how retroactive it is.” He went on to criticize the law’s residency restrictions, explaining that these restrictions have the practical effect of driving offenders into homelessness, making them even more likely to reoffend. “Why would we want to, with no apparent good reason, increase the risk of reoffending The reality is that we’re pushing people to the brink.” Residency restrictions are purported to keep children safer by creating “predator-free zones,” say attorneys for the California Department of Corrections and Rehabilitation. Keeping former sexual offenders from living within a certain distance from schools and parks, they say, will increase public safety and keep predators from having access to children. “It has a kind of intuitive appeal,” said Tobin, but residency restrictions ignore the real problem. Phyllis Shess, Sex Offender Management Director for the San Diego County District Attorney, agrees. Citing a 2003 study by the United States Department of Justice, she said, “Often, we’re horrified when we hear about children snatched off the street—but that is statistically very rare.” According to the 2003 report, only about 7% of all sex offenses in which children were victimized are perpetrated by strangers. The other 93% are committed by family members or someone else known to the victim. Compounding the problem, since Jessica’s Law took effect, more and more sexual offenders are registering as homeless or transient, which makes them harder to track. Among parolees state-wide, there has been a 1,100% increase in the number of transient sex offender parolees, from 88 in November of 2006 to over 1,050 in June of 2008. The homelessness, itself an obstacle, spawns even more problems. For example, all registered sex offenders in California are required to wear global positioning monitors at all times; however, parolees are the only group of offenders for whom this rule is consistently enforced. These monitors must be charged daily, and among homeless offenders the inability to charge their GPS monitors leads many more to disappear off the radar. Tobin and the Sex Offender Management Board issued recommendations in January, calling for the state to “rethink residency restrictions… The vast majority of evidence and research conducted to date does not demonstrate a connection between where an offender lives and recidivism.”
Networking and Contact Information Contact information for organizations and government agencies which may be useful to California’s civil detainees, legal advocates, and loved ones. BOARD OF REGISTERED NURSING PO Box 944210 Sacramento, Ca. 94244 Ph: (916) 322-3350 Enforcement: (916) 557-1213 BOARD OF VOCATIONAL NURSES AND PSYCHIATRIC TECNICIANS 2535 Capitol Oaks Drive, Rm. 205 Sacramento, Ca. 95833-2945 Ph: (916) 263-7800 TOLL-FREE: 1-800-952-5210 CITIZENS’ COMMISSION ON HUMAN RIGHTS 50552 Sunset Blvd. Los Angeles, Ca. 90028 Ph: (313) 467-4242 TOLL-FREE: 1-800-942-2247 Website: www.cchr.org COMMISSION ON JUDICIAL PERFORMANCE 455 Golden Gate Ave., Suite 14400 San Francisco, Ca. 94102-3660 Ph: (415) 557-1200 DEPARTMENT OF JUSTICE •Contact: Agent Earl Saunders Civil Rights Division, Special Litigation Section P.H.B., Room 5028 950 Pennsylvania Avenue, NW Washington, DC 20530 Ph: (202) 514-6255 TOLL-FREE: 1-877-218-5228 + 1 Website: www.usdoj.gov/crd/split GOOGLE-411: FREE DIRECTORY ASSISTANCE 1-800-466-4411 C S H TOWN HALL MEETING Location: Grand Meeting Hall CSH HEALTH FAIR Location: CSH Mall SPRING MUSIC FESTIVAL Location: CSH Mall PEOPLE OF THE YEAR AWARDS CEREMONY Location: Grand Meeting Hall Resource Center 13 From the Law Offices of DEWEY, SKREWUM & HOWE Q: I haven’t had any problems with the law since I got out in 1991, but then I came under the SVPA because I was four days late with my registration. The DMH evaluators are going back to my juvenile records from almost 25 years ago to dig up dirt on me. How far back can they go to justify a mental disorder -A.I. A: Unfortunately, there is no language in the Sexually Violent Predators Act relating to how far back state psychologists can go to collect damning information for use in their evaluations. This information, no matter how old, can be used against a person for SVPA proceedings. It is interesting, however, that other civil commitment statutes provide some semblance of due process to the committed individual in that evaluators are only permitted to go back so far. Consider: •For those deemed Incompetent to Stand Trial, or are found Not Guilty by reason of Insanity: “Demonstrated danger may be based on an assessment of the defendant’s present mental condition, including a consideration of past behavior of the defendant within six years…” [Cal. Penal Code §1370(A)(2)(B)(ii)] •For patients who fall within the scope of the Lanterman-Petris-Short Act: “Demonstrated danger may be based on assessment of present mental condition, which is based upon a consideration of past behavior of the person within six years…” [Cal. Welfare and Institutions Code §5300.5(c)] State appeals courts have upheld and reaffirmed these time factors in several civil commitment cases and family law matters. It seems reasonable that, at some point, this rule will be challenged in the courts. If a person’s “current dangerousness” is to be measured, it seems that the behaviors used to gauge that dangerousness must also be current. Because civil commitment under the SVPA is very similar to commitment under other statutes, assessment time limits should also reflect similar parameters. C a l e n d a r Every Friday @ 6:30 PM Doors open at 6:00 PM Thursday, March 18 1:00-3:00 PM Friday & Saturday, March 26-27 6-8PM (F) and 9AM-3PM (S) Thursday, April 1 Doors open at 1:00PM Announcements and Public notices SUPPORT THE ALLY! Donations are needed to keep people informed of what’s going on with California’s civil detainees. The stamps and postage funds you donate will help us continue to distribute the Visit www.defenseforSVP.com! Ally nationwide to the folks on our mailing list—for FREE! To find out how to donate, contact our Clerical Administrator: Douglas Gaines P.O. BOX 5003 COALINGA, CA. 93210 Telephone: 206-312-3821 THANK YOU FOR ALL OF YOUR SUPPORT! HAVE YOU BEEN EVALUATED BY DR. SELBY •Do you have a high Static 99 •Did Selby testify against you at trial •Do you have copies of your transcripts from the trial in which he testified Rudy Kraft is requesting this information for an appeal he is working on. If you meet some of these requirements and have been evaluated by Dr. Selby please let Michael St. Martin know so he can pass on the information to Rudy. You can bring the information to the CDAC office, or unit #10. Thank you for your help, Michael St. Martin
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Page 11: A CONFLICT OF INTEREST Did you know
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