Sunday, January 28, 2007

Passed and Pending: Sex Offender Bills -- Passed: Virginia and Board of Correctional Education

Passed in Virginia: A bill, HB 2628,
Summary as introduced:
Board of Correctional Education; composition. Requires the Governor to endeavor to select qualified appointees for the Board of Correctional Education. Modifies the ex officio membership of the Board by removing the chairman of the Virginia Parole Board and adding the assistant superintendent for Special Education and Student Services in the Department of Education and the Chancellor of the Virginia Community College System. Also, the bill allows ex officio members to designate someone to serve in their place.

While I have not read or studied the full text this one looks like it might contain enlightening reform(s). Thanks due to Keith from Advocare ("" advocareinc2001)

This is pretty amazing
Here is the list of the 38 SO bills pending in VA.. Thank you Zman! (not related to Z the Legal Blog). There are some interesting questions being presented to the legislators, whether the restrictions actually make us safer or not. Iowa prosecutors cannot get them repealed fast enough! Is the Virginia Assembly listening? They really could benefit by reading this (thanks to my good friend Linda for her timely action on it at SOSEN), "Failure to Protect: America's Sexual Predator Laws and the Rise of the Preventive State" by Eric Janus of William Mitchell College of Law (2006) (click to download from SSRN here).

First, this view from Maryland's Assembly: (available here and here) (Key: Republicans want the tuff stuff which has been proven to fail in Iowa)
Although the Maryland version of Jessica's Law that passed last year requires GPS tracking for each released sexual offender, it “was watered down significantly from the bill that I introduced,” O'Donnell claims. “Mandatory sentences went from 25 years down to 5 years. Parole was not available at first, but the Democrats forced it in. A lot of work needs to be done to toughen it up.” A version in the Senate that would have increased supervision and broadened community notification died on the last day of the 2006 session. “We did not sufficiently address this issue last year,” Stoltzfus argues. “There needs to be stronger mandatory sentencing.” Kasemeyer doesn't see that happening. “This issue won't come back in a significant way, at least in the short term.”
And Virginia:
HB-415 - Nursing homes; notification to residents, etc. of sex offenders residing in facility.
HB-1336 - Law-enforcement officers; training related to sexual assault cases
HB-1557 - Sex offenders; prohibits certain employment or volunteer activity, penalty
HB-1625 - Forfeiture of office; person convicted & requires reg. on Sex Offender & Crimes Against Minors Reg.
HB-1790 - Freedom of Information Act; access by persons civilly committed under Sexually Violent Predators.
HB-1792 - Sexually violent predators; conviction for bestiality qualifies person for civil commitment.
HB-1793 - Sexually abnormal offense; who may conduct mental evaluation of person convicted thereof.
HB-1923 - Sex offender registry; not guilty by reason of insanity.
HB-1966 - Sexual offenses; evidence of defendant's commission of another offense is admissible.
HB-2068 - Children; adds sexual abuse to prohibited acts that constitute indecent liberties.
HB-2107 - Sex offender registry; requires persons convicted of certain crimes to register.
HB-2175 - Children; broadens list of sex offenses prohibiting proximity thereto.
HB-2185 - Sex Offenses and Crimes Against Minors Registry Act; registrants to submit email address.
HB-2279 - Sexual offenses; creates number of new crimes labeled indecent liberties against child, etc.
HB-2344 - Sexual offenses; prohibiting entry of those convicted onto school property, penalty.
HB-2345 - Nursing homes, etc; required to register with State Police for sex offender notification.
HB-2346 - Sex offender registry; notification in nursing homes and assisted living facilities.
HB-2404 - Sexual offenses; if convicted of offense, prohibited to reside in proximity to children.
HB-2535 - Sexual battery; manner by which is committed.
HB-2571 - Sex Offender Registry;revocation of probation/parole if person is convicted of failure to register.
HB-2591 - Sexual offenses; enhanced punishment for second and subsequent offenses.
HB-2592 - Sexual offenses; enhanced punishment for second or subsequent such offense against victims under 13.
HB-2671 - Sexually violent predators; civil commitment.
HB-2672 - Sexually violent predators; if convicted of sex offense referred to Commitment Review Committee.
HB-2749 - Sex offender registration; offender to include any electronic mail address, etc. that he will use.
HB-2755 - Sex Offender Registry; adds to list of those offenses requiring registration.
HB-2776 - Sex offender counseling offices; prohibited adjacent to residential areas.
HB-2970 - Sex Offender Registry; clarifies that reregistration periods for those on registry are inflexible.
HB-2979 - Sexual offenses; raises penalty for use of communications systems when involving children.
HB-2980 - Child pornography; seizure and forfeiture of equipment.
SENATE ***** **********
SB-679 - Sexually violent predator; alternative to indeterminate civil commitment
SB-814 - Electronic mail; failure to warn that contains sexually explicit visual material.
SB-927 - Sexual offenses; prohibiting entry of those convicted onto school property, penalty.
SB-1065 - Sex Offender Registry; clarifies person convicted of registerable offense must register.
SB-1071 - Sex offender registration; offender to include any electronic mail address, etc. that he will use.
SB-1203 - Sexually violent predators; court may as an alternative that prisoner undergo physical castration.
SB-1228 - Sex offender registry; notification in nursing homes and assisted living facilities.
SB-1229 - Sex offender registry; nursing homes, etc. register with State Police to get notification thereof
Thanks: Zmans wiki http://sexoffenderi nfo.pbwiki. com/

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