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 |  Detroit Free Press -
Nov-05-2009Don't count Romeo as a sex offender(topic overview)
CONTENTS:
- In what may be an important precedent, the Michigan Court of Appeals has ruled that a man arrested for a so-called "Romeo and Juliet" relationship cannot be listed on the state's sex offender registry because doing so would constitute cruel and unusual punishment. (More...)
- Sheriff Wendell Hall is letting sexual offenders they must register or they will be arrested. (More...)
- Hicks concluded the law didn't allow that. (More...)
- Since October 2004, people under 21 who, like Dipiazza, are successfully steered through a special diversion program in Michigan courts are not considered "convicted" and can avoid the registry. (More...)
- Registration is open Monday - Friday, 8:00 a.m. to 4:30 p.m. If offender lives in another state but works or attends school in Florida, he/she must register their work or school address as a temporary address within 48 hours in person to the Sheriff's Office and maintain a valid Florida driver's license or identification card. (More...)
- "As technology evolves, so must our systems and staff in order to effectively serve the people of Iowa," said Eugene Meyer, commission of the state Department of Public Safety. (More...)
- Offender movements in and out of a jurisdiction will be tracked, officials will be able to register offenders remotely from Department of Correction facilities and the system will be linked with other state law enforcement databases. (More...)
- Johnson said the new system will help make for a more informed public as sex offenders' new classifications make it a more black-and-white scenario. (More...)
- Failing to report address changes can result in a felony conviction with a maximum punishment of 10 years in prison. (More...)
- This report comes the day after Kalamazoo votes to authorize homosexual attacks against heterosexuals in public restrooms, shielding sex offenses behind "discrimination", and discriminating against whites, heterosexuals, straight-dressers, and the like. (More...)
- The PSOR does not provide a description of an offender'''s offense. (More...)
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In what may be an important precedent, the Michigan Court of Appeals has ruled that a man arrested for a so-called "Romeo and Juliet" relationship cannot be listed on the state's sex offender registry because doing so would constitute cruel and unusual punishment. The defendant, Robert Dipiazza, was arrested and convicted of having a consensual sexual relationship with a girl who was nearly 15 when he had just turned 18. The girl's parents knew of and approved of the relationship, but Dipiazza was nonetheless charged after one of the girl's teachers turned him in to police after she found out about the relationship. The law under which Dipiazza was convicted allowed for youthful offenders to complete a probationary period and then have the offense wiped from their record without a conviction. He completed that probation without incident and in 2005, the charges were dismissed without conviction. He was required then to go on to the state's registered sex offender list because of an arbitrary deadline in a state law governing the sex offender list. The Michigan Sex Offenders Registration Act was amended in 2004 to the effect that for those convicted as youthful offenders, only those who failed to complete the probationary period had to be put on the registry. Dipiazza was convicted on Aug. 29 of that year; had he been convicted a mere five weeks later, he would not have been placed on the registry because he completed the probation and the charges and conviction were then dismissed. [1] The Michigan Court of Appeals has ordered the removal of a Muskegon man's name from the state's Public Sex Offender Registry, calling his listing "cruel and unusual punishment" for having consensual sex in 2004 with his then-under-age girlfriend, now his wife. Robert Lee Dipiazza The defendant, then 18, has no conviction on his record. The appeals court says he "never posed a danger to the public or a danger of reoffending," the supposed reason for the public registry's existence. Both the appeals court and the trial judge called it a "Romeo and Juliet offense." Robert Lee Dipiazza was adjudicated under the Holmes Youthful Trainee Act, which allows for dismissal of cases against young first offenders if they successfully complete probation. His case the charge was attempted third-degree criminal sexual conduct was dismissed in November 2005. Dipiazza's name has remained on the public list along with those of rapists and pedophiles, with no explanation of the circumstances of his case.[2]
A teacher contacted authorities because the age of consent is 16 in Michigan. A third-degree attempted criminal sexual conduct charge was eventually erased from his record, but he still had to register as a sex offender. He says he had trouble finding jobs and became depressed. The state appeals court on ordered a Muskegon County judge to strike his name from the registry, calling it cruel punishment.[3] Michigan's age of consent is 16 so at the time Dipiazza was charged with criminal sexual conduct. The charge was later dropped but he still had to register as a sex offender. He says it has kept him from getting jobs and forced him to live on food stamps. The court called it cruel punishment and ordered a Muskegon County judge to strike his name from the registry.[4]
DiPiazza and the girl married in 2007. They have a son born in March. They have lived on public assistance including food stamps. Their relationship was discovered and reported to authorities in 2004 by the girl's teacher. Although the relationship was consensual and acknowledged by his parents, DiPiazza was charged with third-degree criminal sexual conduct because it is illegal in Michigan for an adult to have sex with anyone under the age of 16. In 2004, a few months after DiPiazza got caught, the Michigan Legislature approved a change in the sex offender registry law, excluding people from being required to register if their cases were set aside by completing first offender probation. DiPiazza's name, and hundreds of others like his remain on the list for up to 25 years because their cases predate the change in the law, said Aukerman.[5] The three-judge panel, in a unanimous ruling released this morning, said forcing the youth to comply with Michigan's sex offender registry act even after he completed probation and his criminal record was expunged is unduly harsh and did not serve the interest of protecting the public. The Muskegon area defendant was 18 in 2004 when he was convicted of attempted third-degree criminal sexual conduct for having relations with his then 15-year-old girlfriend. After completing probation, he was required to register as a sex offender for 10 years, a condition which the defendant said made it virtually impossible for him to find work. The court noted that the Legislature changed Michigan law on Oct. 1, 2004, to lift the sex offender registry requirement from those involved in youthful, consensual relationships.[6]
The appellate judges said the law that requires registry for teens prosecuted over Romeo-and-Juliet relationships also violates the U.S. Constitution's ban on cruel or unusual punishment. They ordered that Dipiazza be exempted at once. State legislators grudgingly acknowledged the absurdity of cases like Dipiazza's five years ago, when they amended the registry law to provide relief to first-time juvenile sex offenders convicted under the Holmes Youth Trainee Act. HYTA allows some juveniles to wipe their records clean upon successful completion of probation. Lawmakers sensibly concluded that the purpose of HYTA would be confounded if such youngsters were nevertheless stuck on the sex offender list and bound for 25 years by the consequent employment and residency restrictions. Dipiazza's misfortune was to be convicted of messing around with his future wife a few weeks before the exemption took effect in October 2004. The Court of Appeals said in its ruling, "the circumstances of" Dipiazza's "offense are not very grave" and the fact that he had been adjudicated before Oct. 1, 2004, hardly rendered them more sinister.[7] Miriam Aukerman, the Grand Rapids attorney who represented Dipiazza in his appeal, told me her client had been unable to hold a job for more than two or three days since his photograph was posted on the registry. "Employers ask if he's been convicted of a crime, and he answers no" -- the legally correct response for HYTA defendants whose convictions have been expunged, Aukerman said. "Then they run their routine checks, and a day or two later, he's fired," she added, noting that, at least until this week's ruling, the tepid facts of Dipiazza's offense could not be confirmed in any public record. Aukerman says the ruling may allow hundreds of Romeo-and-Juliet defendants convicted before October 2004 to escape the registry and restrictions that bar them from living or working within 1,000 feet of a school, or even attending conferences with their own children's teachers. It may also lead lower courts to review the cases of other registered sex offenders branded for such crimes as urinating in an alley or swiping another bar patron on the butt, and determine whether they, too, are victims of a vengeance beyond all reason.[7] The unanimous decision by a three-judge panel of the Court of Appeals potentially has wide implications for Michigan's Sex Offender Registry, the Internet database of convicted sex offenders. The attempted third-degree sexual assault conviction was expunged from his record but Robert Dipiazza said he has suffered because it has been virtually impossible for him to get or keep jobs because his name appears on the Internet-based list of about 40,000 names. The couple's relationship was exposed when a teacher saw a provocative photo of them and contacted authorities.[8] Because the former Ms. Trowbridge was a few weeks shy of her 15th birthday when the scandalous photo came to light, a Muskegon County judge found Dipiazza guilty of attempted third-degree sexual misconduct and sentenced him to probation. Although four years have passed since Dipiazza's conviction was formally expunged, his name, address and photograph still appear on the Web site where Michigan's most dangerous sexual predators -- and thousands of harmless ex-teens like Dipiazza -- share the same indiscriminant spotlight of public humiliation. This week, a unanimous panel of Michigan Court of Appeals judges made explicit what has been obvious to prosecutors, defense lawyers and trial judges throughout the state -- that condemning teens to spend most of their adult lives on a public registry alongside rapists and pedophiles serves only to ruin the youngsters' lives.[7] A precedent-setting Michigan Court of Appeals decision Wednesday determined it is cruel and unusual punishment to require an 18-year-old man to register for the state's sex-offender list for a relationship with a 14-year-old girl who later became his wife. Hundreds of similar "Romeo & Juliette" cases in which perpetrators had their entire case files erased after completing probation under terms of the state's Holmes Youthful Trainee Act could be impacted by the decision that will remove the Muskegon man's name from the online registry maintained by Michigan State Police. "These are not dangerous predators or pedophiles," said Miriam Aukerman, the Legal Aid of Western Michigan lawyer who represented Robert DiPiazza.[5] MUSKEGON, Mich. — The Michigan Court of Appeals says a man who had a teenage romance with a girl he later married doesn't deserve to be on the state's sex offender list. Robert Dipiazza had a consensual relationship when he was 18 with a nearly 15-year-old in 2004.[3] MUSKEGON, Mich. (NEWSCHANNEL 3) - The State Court of Appeals says a Muskegon man should be taken off Michigan's Sex Offender Registry. Robert Dipiazza was 18 back in 2004 when he had a sex with a 15-year-old girl. They were dating and eventually got married.[4]
MUSKEGON, Mich. - The Michigan Court of Appeals says it's cruel punishment for a young "Romeo" to be on the state's sex offender registry for a relationship with a teen who later became his wife.[9] Requiring a youthful offender convicted for having sexual relations with an underage girl in a Romeo and Juliet relationship to register as a sex offender is unconstitutionally cruel and unusual punishment, a state Court of Appeals panel has decided.[6]
Defendant is being required to register as a sex offender for ten years. He receives the social stigma of being labeled as a sex offender and the social stigma of being '''convicted''' of a crime even though he successfully completed his status as youthful trainee and the court dismissed the proceedings. As a result of registering as a sex offender, defendant has been unable to find employment and, in fact, lost two jobs after it was discovered that his name is on the sex offender registry. He is depressed and, although he finally married Trowbridge, the opportunity to marry and pursue happiness was withheld from him because of his inability to find employment as a result of being labeled a convicted sex offender. Given the circumstances of this case, the offense that defendant committed was not very grave, but the penalty has been very harsh. With regard to a comparison of the penalty to penalties for other crimes in this state, defendant would not have had to register as a sex offender had he been assigned to youthful trainee status approximately one month later than he was.[1] Under Michigan law, the age of consent is 16. Dipiazza was given a break: A case of third-degree attempted criminal sexual conduct was erased after he completed a special probation in 2005. There was no conviction but he still was required to register as a sex offender. Dipiazza lost a series of jobs when employers found his name on the registry, which is on the Internet.[10] DiPiazza, now 23, has no conviction on his record, but because his name is on the sex offender registry, he has been unable to hold a job for more than a few days.[5]
Calling the punishment constitutionally cruel and unusual, a state appeals court panel Wednesday ordered removal from the state's sex offender registry the name of a man who, at 18, had consensual sexual relations with his not-quite 15-year-old girlfriend in 2004. They later married.[8] The court did, however, reduce the amount of time the defendant had to be on the list from 25 years to ten years. The appeals court overturned that ruling, agreeing with defendant that the law, as applied in this particular circumstance, constituted cruel and unusual punishment and ordering the trial court to have him removed from the sex offender registry.[1] The trial court ruled that being required to go on the sex offender list did not constitute cruel and unusual punishment because the registry requirement is not punishment at all.[1]
Sheriff Wendell Hall is letting sexual offenders they must register or they will be arrested. This is your warning. Since Sept. 14, his office has arrested 10 sex offender for violating the registration requirements in Florida. Two of those individuals arrested were out-of-state convicted sexual offenders who had been residing in Santa Rosa County and failed to register in the State of Florida. "This is more of a precautionary move on the part of the Sheriff," said Marc Ward, with the Santa Rosa County Sheriff's Office. "With the holiday's coming on this is when there is a high time of incidents. "We want to take this opportunity to warn the people and even let them know about what is going on in the community to make them better aware. In Hall's release he warns all convicted sex offenders from other states that have not registered in the State of Florida, to immediately report to the Sheriff's Office and register. All offenders should contact the Santa Rosa County Sheriff's Office if they are not sure whether they are required to register in the State of Florida. The Sheriff's Office warns convicted sex offenders if they violate the registration requirements in the State of Florida, they can be arrested and prosecuted. [11] The telephone number for Offender Registration at the Santa Rosa County Sheriff's Office is (850) 983-1148 or (850) 983-1227. They are also encouraged to visit the National Sex Offender Public Website at www.nsopw.gov if they suspect someone is residing in the county and may be an out-of-state sex offender. They can also contact the Santa Rosa County Sheriff's Office at (850) 983-1227 or Crimestoppers at 437-STOP (7867) to report a sex offender who may not be in compliance.[11]
SIDNEY It's been more than three years since former President Bush signed the Adam Walsh Child Protection and Safety Act of 2006, and Nebraska lawmakers are playing catch-up to avoid a 10 percent reduction in justice grant funding. The Nebraska Sex Offender Registration Act is getting an update via LB285 passed in the last legislative session, allowing the act to better comply with federal laws and helping Nebraska retain its funded status. "I don't think it will affect how they register in our office," said Cheyenne County Sheriff Darrell Johnson. "It will be the same as before except they will either be a sex offender or not."[12] The Izard County Sheriff's Department has no legal authority to direct where a sex offender lives. Unless court-ordered restrictions exist, the offender is constitutionally free to live where he chooses. Lawrence went on to say that sex offenders have always lived in our communities; but it wasn't until the passage of the Sex and Child Offender Registration Act that law enforcement even knew where they were living.[13] Santa Rosa County currently has between 250 and 270 registered sex offenders in the county and Ward admitted law enforcement usually gets about 1 out of 100. "Usually before you can catch someone they have committed 400 to 1,000 offenses," said Ward. "And the Sheriff has put a lot of time and effort to helping educate the public with the brochures he puts out as well as links and tips on the web.[11]
DES MOINES, Iowa -- State officials unveiled a new sex offender registry Web site on Wednesday. The site was redesigned in part after changes in state law on sex offenders that allow law enforcement to collect more information on them.[14] Level III's were classified as high-risk to reoffend, and Sidney has five Level III's listed on the registry. Level I low risk and Level II moderate risk were forced to register like Level III's but their information didn't go any further than the sheriff's office. Under the new law, all current and future registrants will be classified by the new levels that determine how long they must register and all will be subject to community notification. That means sex offenders hidden from public view will become known to the community. "That's a good thing," Johnson said.[12] In Michigan as in other states the laws on sex offenders have gone to far. They have added many people to sex offender registrys (SOR) that are of no danger. It is time for those in office to understand that the more names on SOR's the less use the SOR is to the public and the police. It is time to only put those on the SOR that are of danger and to require all known sex offenders to pay for testing that showes how much of a risk they are to reoffend.[1] It is time for us in Michigan to contact our elected officals, and tell them to stop passing so many sex offender laws. The truth be told these laws are not protecting anyone. Studys by the U.S. Dept Of Justice have shown that over 95% of those arrested for sexual assault have NO prior arrest record at all. Over 90% of sexual assaults are commited by a person well known and trusted by the victim with over 50% of them being a family member. Now what we do need is for those that are a danger to re-offend to be listed on a sex offender registry and testing that could be paid for by the sex offender is very good in showing who is at the most risk. Then only list those who are who are the most risk to re-offend on a public registry.[1]
In many cases, law enforcement is now able to share information with the public. This information cannot be used to threaten, intimidate, or harass registered sex offenders; otherwise law enforcement's ability to do community notifications could potentially end. We believe the only person who wins if the community notification ends is the sex offender in that sex offenders derive their power through secrecy.[13] If offender decides to move out-of-state, he/she must report in person to the Sheriff's Office within 48 hours prior to leaving. If employed, carrying on a vocation, a student or become a resident of another state, they must also register in that state. If attending school, they must report that information to the Sheriff's Office in person within 48 hours. They must report any electronic mail address or instant message name prior to using such and provide all updates through the online system provided by the Florida Department of Law Enforcement. To help parents Hall has links on his webpage to help with Internet Safety and other tips at www.santarosasheriff.org.[11] Twenty-five-year registrants are required to report for verification bi-annually in person at the sheriff's office in the month of the offender's date of birth and six months following. If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, and was convicted of an aggravated offense or had a prior sex offense conviction, they fall within the life category.[12] Any changes must be submitted within 24 hours or else the offender is subject to a felony charge. If a sex offender was convicted of a registrable offense not punishable by imprisonment for more than a year, they fall within the 15-year category.[12] Taylor was convicted of second degree criminal sexual conduct 10 years ago. He wound up in the "most wanted" system when he failed to change his address in the sex offender registry.[15] Taylor was convicted of second-degree criminal sexual conduct in 1999, according to the release. He was named one of the state's most-wanted sex offenders after he failed to change his address and verify his residence as required by the sex offenders registration act.[16]
In Lexington, area code 40509 has 31; 40502, just 11. While most people say, "Not in my neighborhood," when it comes to sex offenders, Ginny Ramsey of the Catholic Action Center has tried to find places to live for some of them. Ramsey said she supports the registry but believes the residency restrictions leave convicted sex offenders few affordable places to live. "So those who were released from jail or prison would end up on the streets and end up back in jail or prison for non-compliance," she said. The registry shows the sex offender's crime, and allows state police to let you know when a particular sex offender moves - if he or she has followed the rules. Thursday, in part two of "The Sex Offender Next Door," ABC 36 News will examine what sort of crimes the men and women on Kentucky's sex offender registry have committed - and the battle over where they can live.[17] In the first two parts of a series entitled, "The Sex Offender Next Door," ABC 36 News took a look at the sex offender registry maintained by the Kentucky State Police.[17]
Connecticut'''s '''Megan'''s Law''' sex offender registry was created by law passed during the 1997 legislative session and established in 1998. Like similar databases in the other states, it is named after 7-year-old Megan Kanka of New Jersey, who was killed in 1994 by a sex offender living near her home.[18]
After considering the gravity of the offense, the harshness of the penalty, a comparison of the penalty to penalties imposed for the same offense in other states, and the goal of rehabilitation, we conclude that requiring defendant to register as a sex offender for ten years is cruel or unusual punishment. It's obviously a victory for Dipiazza and defendants who are similarly situated; it sounds to me like a victory for reason as well.[1] Defendant never posed a danger to the public or a danger of reoffending. Defendant is not a sexual predator, nor did the trial court deem him to be. Even if defendant needed rehabilitation, SORA'''s labeling him to be a convicted sex offender works at an opposite purpose, preventing defendant from securing employment and otherwise moving forward with his life plans.[1] Two Kentucky Supreme Court rulings over the last five weeks have changed the way Kentucky treats convicted sex offenders - and, most important, where they can live.[17] With just a few words and mouse clicks, you can find out where every one of the nearly 7,800 convicted sex offenders in the Commonwealth live, whether any live near you, or in a place to which you're considering moving. We looked at Osage Court in Lexington, off Woodhill Drive, and discovered six convicted sex offenders living nearby - four of them on Osage Court alone. Residents are none too happy about their neighbors with a past. "I'm not judging anyone, who am I to judge, I just know that I just don't approve of them living out here with two many kids out here.[17]
Public safety is "not served by requiring an otherwise law-abiding adult to forever be branded as a sex offender because of a juvenile transgression involving consensual sex during a Romeo and Juliet relationship," the court said.[10]
The Adam Walsh Act, passed by Congress and signed into law in July 2006, requires significant improvements to sex offender registries, including a wider range of offenses and offenders for whom registration is required. The law also expands the amount of information available to the public about offenders and requires offenders to make periodic, in-person appearances to verify and update their information.[18] Where sex offenders can live has changed considerably over the years. A 2006 state law prevents most of them from living within 1,000 feet of a school, public park or day care center.[17] 148 local governments across the state have imposed stricter requirements -- a 2,500-foot ban. That has led to a crisis in places like Miami-Dade, where sex offenders live under the Julia Tuttle Bridge between Miami and Miami Beach to comply with the law.[19] Under state law, sex offenders can't live within 1,000 feet of schools, day-care centers, parks or other areas where kids congregate.[19]
Please find out if your state has a ban on EX-POST FACT0 laws being made, and see if your state is enforcing EX-POST-FACTO sex offender laws. If you only knew all the men women and children harmed by these BLANKET laws, you would really have a story.[17]
The new information, available at www.iowasexoffender.com, reflects recent legislative changes regarding sex offenders that allows law officers to collect more information on registrants.[20] Johnson said the new amendments change the way a sex offender is tiered in the program. All offenders will be listed publicly by the amount of years they must register whereas previously only Level III offenders had their information publicly available.[12]
New reporting requirements will include all addresses where a sex offender lives or frequents, all employment locations, all school information, travel and immigration documents, professional licenses or certificates, e-mail addresses and chat room ID's, remote communication device identifiers, signed consent form to search, DNA sample collection and palm prints, in addition to fingerprints.[12]
DCI officials said the new Sex Offender Registry Web site features a more easily navigable design with updated search functions. It also includes: Continued e-mail notification to subscribers.[20] '''The Connecticut sex offender registry was a national model when it was first rolled out''' and now we are taking it to a new level,''' Gov. Rell said at a news conference at the Department of Public Safety headquarters in Middletown last week. '''Our families must have every tool available to keep their children safe. This new, more user-friendly registry is a tool like none other and ''' with Halloween just a few days away ''' the timing could not be better.[18] Anyone with the brains God gave Quaker Instant Oatmeal could have figured out that Robert Dipiazza didn't belong on Michigan's public sex offender registry. Dipiazza was 18 when his high school girlfriend's teacher discovered a photograph of the two in bed.[7] The sex offender registry was created in the mid-1990s and intended to protect the public from sexual predators and violent offenders.[8]
The Sheriff's department is charged with notifying people when sex offenders live nearby, but the sex offender registry allows you to ask to be notified when a particular offender moves.[17] Of the almost 700,000 registered sex offenders, less than 5,000 fit that category. A judge and psychologist can classify an offender and place him on the registry or never release him.Most of the people placed on sex offender registries are non violent offenders who have NOTHING to do with children. If Bobby(18) takes Sally(16) to the prom and they fool around afterward consensually, should Bobby be placed on the sex offender registry for life? It happens thousands of times over each year.[21]
Politicans get votes for passing sex offender laws. News people get viewers, both on tv and in printed media, and too online publications for sex and violence.[17] A look at the registry shows how the law has resulted in some areas with no sex offenders and others with clusters.[17] According to a summary of LB285, the purpose of the federal law was to provide for a more comprehensive, nationalized system for registration of sex offenders.[12]
The Izard County Sheriff's Department is releasing this information pursuant to Act 989 of 1997 and amendments of 2006 regarding sex offenders.[13] Sheriff Lawrence said that a sex offender notification is being hand delivered to residences within close proximity of Dennison's listed residence. "This notification is not intended to increase fear, rather it is our belief that an informed public is a safer public," said Lawrence.[13] "I'm not suggesting we should feel sorry for them," Harkness said. "But I guess what I am saying is that research shows that to prevent a sex offender from living with their families or (to make them live) farther away from work or treatment because of residency restrictions, you may actually in fact diminish public safety." Harkness and the committee members said that more electronic monitoring of sex offenders was a better way to control them.[19] TALLAHASSEE -- Florida's restrictions on where sex offenders can live might be both ineffective and endangering the public, a legislative analyst said this week. Marti Harkness, a criminal-justice analyst, told the House Public Safety & Domestic Security Committee on Tuesday that studies from Florida, Minnesota and Colorado showed almost no link between a sex offender's residency and the crime he committed.[19]
It is a vexing problem. Sex offenders serve jail time, get out, register with local authorities and then go about their lives. In Cleveland a registered sex offender now stands accused of murdering and storing scores of women in his home.[21] Defendant is required to register as a sex offender along with rapists and pedophiles.[1]
Guys should learn to keep their pants zipped up and girls keep your legs crossed until you are old enough and mature enough to know what sex is really all about. I do agree that this young man's name should be removed from the sex offenders list.[2] Rules should change. I am all for the sex offenders list, but only for those that sexually offend.[2] Oftentimes it becomes who is the lesser of the evil and the compliant offender gets by showing up for appointments and reporting any changes and all while committing more crimes under the guise of being compliant. Like it or not, and I don't, but sex offenders have rights too; the right to privacy and the right to carry on their lives even as despicable as their lives may be.[21] Showing a map of Miami-Dade, Harkness pointed out that sex offenders have almost nowhere else to live under a 2,500-foot ban -- except for Miami International Airport. "You could have them lining the tarmac, I guess," Harkness said. Miami Beach Rep. Luis Garcia, a Democrat and former councilman from Miami Beach who supported his city's ban, took issue with the Harkness report. "As far as I'm concerned, if you want to send them to Georgia, I would be happy," Garcia said.[19]
As a survivor of an armed robbery, kidnapping & rape - I believe that all convicted sex offenders should have a GPS chip surgically implanted deep within their thoracic cavity, whereby authorities will know where they are at all times. When you are a convicted felon, especially of such an horrendous crime - you have no rights.[21] Please see ####.org for real expert statistics& horror stories about real people--I lost my son last August and it started with the fear of sex offender consequences. He was caught in a "he said-she said" at 19(she was 16)He had a 4 year-old son and was a nurse and never was convicted of any crime.[21]
Hicks concluded the law didn't allow that. He reduced the period for which Dipiazza must stay on the registry from 25 years to 10 years, as the law allows. Ironically, if Dipiazza's later-dismissed conviction had come just 32 days later, he never would have appeared on the registry. He was convicted on Aug. 29, 2004. On Oct. 1 of that year, the law changed, keeping the names of Youthful Trainee Act defendants off the list as long as their cases were dismissed. [2] Dipiazza is now 24. In January 2008 he petitioned the trial judge, 14th Circuit Judge Timothy G. Hicks, to remove his name from the registry, asserting the requirement to register was cruel and unusual punishment under the Michigan constitution because he has no criminal conviction. At the hearing, Hicks stated, "if I had some discretion yours is one of those Romeo and Juliet cases where I would probably grant your relief."[2]
The appeals court on Wednesday ordered a Muskegon County judge to strike Robert Dipiazza's name from the registry. In 2004, he was 18 when he had a consensual sexual relationship with a girl who was nearly 15.[9] DETROIT — The Michigan appeals court ordered a man removed from the state's sex-offender registry Wednesday, saying it was cruel punishment for a young "Romeo" who had a consensual relationship with a teen and later became her husband. Robert Dipiazza's lawyer said there are other men like her client who are on the list and could be removed because of the decision. "It's a victory for common sense," Miriam Aukerman said.[10]
Dipiazza and his girlfriend were married in April and had a baby in the summer. Before going to the appeals court, he had only been able to persuade a Muskegon County judge to remove him from the registry after 10 years.[10] The list is on the Internet. According to the appeals court decision, Dipiazza "convincingly asserts that the effects upon him have been devastating." He contends he's been unable to find work for years as a result of being on the list and actually lost two jobs because his employers discovered he is on it. He argued to the appeals court, he lives on food stamps and is suffering from depression.[2] Dipiazza did not immediately return a phone call from The Chronicle seeking comment Wednesday. The consensual sex between Dipiazza and his girlfriend occurred in 2004, when he was 18 and she was nearly 15, according to the appeals court. The two married in April 2009, and their son was born in June.[2] "The offense that (Dipiazza) committed was not very grave but the penalty has been very harsh," a three-judge panel of the appeals court said.[10]
Since October 2004, people under 21 who, like Dipiazza, are successfully steered through a special diversion program in Michigan courts are not considered "convicted" and can avoid the registry. He missed the cutoff by a month solely because of the timing of his case. [10] The court said the registry makes no distinction between people like Dipiazza and men convicted of rape.[10]
Lawyers who have represented clients like Dipiazza said Wednesday that there potentially are hundreds of young men who were in consensual relationship with girls a few years younger whose names remain on the list. "There are lots and lots of these cases out there," said Ypsilanti attorney Erika Julien. Wednesday's court ruling "is a huge step forward. opening the door to a re-examination of these kinds of cases across the board."[8]
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Registration is open Monday - Friday, 8:00 a.m. to 4:30 p.m. If offender lives in another state but works or attends school in Florida, he/she must register their work or school address as a temporary address within 48 hours in person to the Sheriff's Office and maintain a valid Florida driver's license or identification card. [11] A temporary residence includes a place where the offender may stay for 5 or more days during any calendar year and which is not the offender's permanent address. Must report to the driver's license office to obtain a valid Florida driver's license or identification card within 48 hours after such change in permanent or temporary residence. Reporting in person for registration during their designated registration month. If the offender reports a day late, he/she could be charged with failing to register during their required registration month.[11] The offender must report any change in residence/temporary residence, employment or school on an approved form. Anyone required to register is required to report each e-mail address, instant messaging address and any other Internet communication identifiers they use, such as Facebook and MySpace.[12]
Life registrants are required to report for verification quarterly in person at the sheriff's office in the month of the offender's date of birth and every three months thereafter.[12] Reporting in person to the Sheriff's Office within 48 hours of establishing or maintaining a residence in the state of Florida.[11]
"As technology evolves, so must our systems and staff in order to effectively serve the people of Iowa," said Eugene Meyer, commission of the state Department of Public Safety. "This new web site, and the database supporting it, will make it easier for citizens and law enforcement to obtain information to help keep their families and communities safe." [20] "As technology evolves, so must our systems and staff in order to effectively serve the people of Iowa. This new Web site, and the database supporting it, will make it easier for citizens and law enforcement to obtain information to help keep their families and communities safe," said Eugene Meyer, DPS commissioner, in a statement released on Wednesday. The site redesign was started in 2008 and cost $77,000 for the site and $180,000 for the database it's connected to. Both costs were paid by grants.[14]
Offender movements in and out of a jurisdiction will be tracked, officials will be able to register offenders remotely from Department of Correction facilities and the system will be linked with other state law enforcement databases. Discuss this news on The Ridgefield Forum. [18] From a law enforcement perspective, the new system ''' and upgrades coming soon ''' will provide additional tools to parole and probation officers, police and others who supervise offenders.[18]
Johnson said the new system will help make for a more informed public as sex offenders' new classifications make it a more black-and-white scenario. [12] The sex offender registries contain people who urinated in public, or were streaking as well as teenagers consensually exploring sex without harm to anyone.[21]
Sex offenders with more than one conviction definitely ought to be put to death. There is nothing "merciful" about releasing these horrific criminals back into our society, especially when it seems every one of them is a repeat offender. There is nothing "merciful" about our tax dollars going toward keeping them alive in prison either, especially when there are more productive things this country ought to be spending its money on.[21] Many states have different levels of sex offenders, yet they are mandated to moniter all on the same level.[21] States must have the ability to track sex offenders with the best technology available. Our children should be remembered for the joy they bring, the dreams they fulfill ''' not tragedies.'''[18]
KALAMAZOO A former Kalamazoo man who was listed as one of Michigan's most wanted sex offenders turned himself into authorities Tuesday and was arrested.[16] WEST MICHIGAN (NEWSCHANNEL 3) - U.S. marshals tracked down one of Michigan's most wanted sex offenders in Tennessee. Ontario Taylor had been living in Tennessee, but after U.S. Marshals tracked him down there he returned home to West Michigan to turn himself in.[15]
Title I of the act establishes registration and notification standards for sex offenders.[12] While I understand the outrage over the tragedy in Cleveland, I also believe that you must personally take charge of your own life to promote safety for yourself and others. Did it occur to anyone in the area to periodically check the sex offender website to see if any neighbors were listed? It's easy to blame the parole officers or even the justice system for allowing sex offenders to walk the streets. The real blame belongs to the local governments who cut budgets and don't allow for proper supervision of these violent offenders. It takes much more than 8 agents to supervise hundreds of sex offenders and among those offenders are other criminals who are on parole. Cleveland needs to find the money to employ the correct ratio of agents to parolees and retrain their staff to properly supervise offenders.[21] Better yet cut the sucker off. A SEX OffENDER who would hurt children none of them should never be let out ever let them rot they are not even human.[21]
All the lawmakers on the committee agreed that Global Positioning System electronic monitoring was a better way to control sex offenders.[19] The only thing that could be accomplished by ranting and physically harming someone is sitting in jail possibly next to another sex offender who's very being would only drive you to do worse. Come on Cleveland ''' let's get this right and spend the money to provide a safe community for all law-abiding citizens who pay the good salaries to those of you who compromise the safety of it's own citizens.[21] Another media broadcast creating hysteria and fear about registered sex offenders without looking real facts and statistics.[21] I agree something has got be done sex offenders should be locked up forever and the key thrown away.[21] Would you not think if there was a drunk driver in your area, you would want to know about it? Why all the hype about sex offenders.[17] Miami Rep. Julio Robaina, a Republican, said that's a problem. "You can pin them down to living in a couple of places, but you still can't monitor them," he said. "We know where our sex offenders are -- they're under a bridge."[19]
"Sex offender registration is one of the most damaging things that can happen to a person, worse then the criminal punishment."[5]
Dennison was convicted Dec. 8, 2004, of conspiracy to commit rape (two counts). Documentation indicates these offenses involved the offender engaging in sexual contact with several minor males whose ages ranged from 13 to 15 years. Dennison is classified as a Level 3 Offender which states that these individuals usually have histories of repeat sexual offending and/or strong antisocial, violent or predatory personality characteristics.[13] October 1, the state Supreme Court ruled the law unconstitutional for applying the residency restrictions to people convicted before the law was passed.[17] Risk assessments need to be performed BEFORE the judge sentences the convicted. If the judge knows he's dealing with a diagnosed (which believe it or not is extremely rare) pedophile, or sexual predator, then they are going to be able to give the appropriate sentence at that time. Unless we do this, things are not going to change. In this country we do NOT incarcerate people forever, based on what we think they MIGHT do.[21]
Failing to report address changes can result in a felony conviction with a maximum punishment of 10 years in prison. [16] The site also offers e-mail notifications, offender photos and conviction information, resources for parents on prevention, advanced mapping functions and regularly updated statistics.[14] Offender photos and conviction information with links to related Iowa code sections.[20]
Officials said the site will better retain and distribute information on offenders.[14] The registry can be accessed by visiting ct.gov/dps and clicking '''Sex Offender Registry''' on the left side of the Web site.[18] Regularly updated statistics on the Registry web site and registry offenders.[20]
Information Automatically Gathered About All Visitors We collect aggregate and user-specific information on what pages consumers access or visit. This information is used to generate reports that help the Globe Gazette assess the value of and interest in the various web sites.[20]
This report comes the day after Kalamazoo votes to authorize homosexual attacks against heterosexuals in public restrooms, shielding sex offenses behind "discrimination", and discriminating against whites, heterosexuals, straight-dressers, and the like. [16] I surely hope my daughter does not make the choice to have sex at 14, with a 21 year old like I did. That was a mistake. but I was fortunate enough to have my mother put restrictions on my time, monitor my schooling and activities and make sure that I had help through these issues. She respected me as an individual and loved me the same.[2] Sometimes kids make mistakes. Are they a victim? I am not so sure. I think its the parents place to get involved and let them have open discussions void of fear for their response. I have an 11 year old daughter. we have been talking about what sex is and how much of a responsibilty it is and how important it is to remain healthy since she was about 8.[2]
The teen'''s parents knew of the relationship and condoned it. This teen is the same person defendant married five years later.[1] The court also said the defendant was never deemed a threat as a sexual predator, and had since married the purported victim in the case.[6] Dipiazza has no conviction. In 2005, he completed a special probation and his case of third-degree attempted criminal sexual conduct was erased.[9] "Teens in romantic relationships shouldn't be labeled as sexual predators." In 2004, Dipiazza was 18 when he had a consensual sexual relationship with a girl who was nearly 15. A teacher saw a photograph of him with his hand on her breast and contacted authorities in Muskegon County.[10]
Dipiazza's name is on the registry. Dipiazza says it has prevented him from keeping a job and forced him to live on food stamps.[9]
Defenders for the registry point out that having sex with someone under the age of 16 remains a crime in Michigan.[8] We go from 18 down to 16 for consensaul sex, which has been law for some time, now it goes from 16 to 14 now.[2] Whatever your faith, the fact is that sex happens and we as parents simply cannot determine at what age a child is ready to take on that responsibility. The law has failed miserably in this attempt. This would have had an entirely different outcome if these parents would have set their own issues aside and just talked to these kids. If nobody was hurt or being coerced and the daughter did not feel damaged by the situation, why didnt they just educate them and make them understand their personal boundaries within their household. It is okay that they make it clear they do not condone it. Its even okay for them to express their disappointment.[2]
The PSOR does not provide a description of an offender'''s offense. It is abundantly clear that there is no goal of rehabilitation in this case. [1] Onerous residency restrictions increase the chances that offenders will be homeless, hard to track and more likely to commit new crimes, said Harkness, who works for the Office of Program Policy Analysis and Government Accountability.[19] Information regarding registered offenders subject to exclusionary zones, residency restrictions and employment restrictions.[20]
Of the almost 700,000 regitered offenders, <1% are the violent headline making kind. Teenagers having consensual relationships at 15-17 have had their own "pure" lives shattered.[21] Offenders are required to register within three days prior to release from incarceration.[12]
SOURCES
1. State appeals court limits sex offender registry « Michigan Messenger
2. State court of appeals orders man's name removed from Public Sex Offender Registry | Muskegon News - - MLive.com
3. The Associated Press: Mich. man wins appeal to get name off sex registry
4. Top Stories: Appeals court wants man off sex offender list | offender, margin, 0in : WWMT onSet Site - WAP
5. Ruling could shorten sex offender list | detnews.com | The Detroit News
6. Court : Making juvenile sex offender register is unconstitutional | freep.com | Detroit Free Press
7. Don't count Romeo as a sex offender | freep.com | Detroit Free Press
8. Court: Sex offender registry law is cruel to young lovers | freep.com | Detroit Free Press
9. Mich. man wins appeal to get name off sex registry -- chicagotribune.com
10. The Associated Press: Mich. man wins appeal to get name off sex registry
11. News: Sheriff: Sex offenders must register locally | offenders, arrested, register : srpgazette onSet Site - WAP
12. - News > Local News
13. Area Wide News: Story: Dennison registers as sex offender
14. New Sex Offender Web Site Unveiled - Des Moines News Story - KCCI Des Moines
15. Top Stories: Sex offender on most wanted list arrested | style, michigan, 0in : WWMT onSet Site - WAP
16. Former Kalamazoo man, one of Michigan's most wanted sex offenders, turned himself in Tuesday | Kalamazoo News - - MLive.com
17. Special Report: Sex Offender Next Door
18. Sex offender registry gets improvements, says Rell
19. Analyst: Sex-offender restrictions may be flawed - Politics - BradentonHerald.com
20. GlobeGazette.com :: State unveils new sex offender registry Web site. ..
21. Sex Offenders & More Missed Signals - The World Newser
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