Florida Sex Offenders - Coursework Example

Running head: FLORIDA SEX OFFENDERS Florida Sex Offenders Goes Here William Dindy CRIJ 1301 September 11’ 2008 Regulations Specific to the Sex Offender A sex offence is taken very seriously as it is highly detrimental to the health of a civilized society. From time to time various laws have been enacted and enforced to curb the growing menace to human society which is becoming more and more intricate and complex with the advent of a multi ethnic and technologically advanced world. Cyber sex and online enticement by sex offenders have further complicated the situation. Laws have been enacted at the federal, state as well as local levels to regulate the punishment, supervision and treatment of convicted sex offenders (Strutin, 2007). The general laws are usually followed from the preliminary ones enacted by federal authorities and local laws are created and enacted according to the unique circumstances presented to the state and local authorities in their immediate environs. A sex offender has been defined by America’s Most Wanted (www.amw.com) as a person with the history of conviction for a sexual offence. Such persons are identified, registered and constantly monitored by the pertinent authorities for any tendency to indulge in such activities again. Modern technology has reinforced this monitoring activity as electronic surveillance is now possible. A sex offender is one who indulges in rape, sexual exploitation of minors which include sexual torture and abuse, enticement for immoral purposes, pimping and computer and internet activities intended for victimization of children (www.amw.com). A more severe term is that of a “Sexual Predator” who are habitual to sexual offenses and therefore pose imminent and constant danger to the society. As the sentences for sexual offenses are usually of short duration, such persons usually roam free in the society but the federal and state laws have enacted stringed laws to register such people and make available information about them easily accessible to the general public. Maintenance of such registries was made mandatory in 1994 in pursuance of the “Jacob Wetterling Act” which set up criteria for minimal provisions to set up such registries for all states within the United States. The act was amended via “Megan’s Law” which allowed the states to disclose information to the general public about the presence of proclaimed sex offenders in their midst. This notification could either be active or passive. When ‘active’ the authorities developed ways and means to publically inform the society using media and when ‘passive’ it was in the form of readily available information for which a general citizen had to make efforts to obtain the information on his own. The Florida Department of Law Enforcement has a special unit for sexual offenders and predators. The state made a pioneering effort by enacting a public Safety Information Act in 1997 and listed the sexual offenders/predators on the internet with an additional hotline for the general public. It is absolutely essential in Florida for all qualifying sexual offenders/predators to be registered and failure in doing so is considered a third degree felony (http://offender.fdle.state.fl.us). A specific section of the Florida statutes that ‘Designation of a person as a sexual predator or offender is nether a sentence nor a punishment but simply a status resulting from the conviction of certain crimes’ (http://offender.fdle.state.fl.us). It is a mere precaution taken as a preventive measure to discourage the culprit and make the people wary while dealing with him. Section 775.21(3) in the state of Florida Statutes (Tunnell, 2004) empowers the state to implement a strategy to incarcerate sexual predators and provide facilities for their restraint so that they are not released into the society for want of accommodation, maintain supervision of the offenders through specially designated probation officers (who have appropriate and feasible caseloads) once they are released into the community, maintain a registry with accurate and updated information, provide public notifications about the offenders and prohibit the offenders from working with children. Sexual predators are classified after October 1, 1993 according to either a one time specified offense within the state or elsewhere in the country, repetition of any of the sexual offences or are determined to be a sexually violent predator according to the specified statute. The federal Adam Walsh Child Protection and Safety Act, 2006 now includes juvenile sexual offenders who have been declared delinquent to be included in the registration list (http://offender.fdle.state.fl.us). Under the state of Florida law, a proclaimed sexual offender/predator cannot live within 2,500 feet of schools, parks or any place a gathering of children takes place (www.cnn.com). In one of the toughest laws for such people, ‘Proposition 83’ provides for GPS (Geo Positioning System) tracking of such offenders by putting permanent lifetime electronic bracelets on them so that they could be constantly monitored through satellites (Ainsworth, 2008). This has however proven to be a costly affair and is not followed rigorously. The mandatory information that has to be collected for a sexual offender are his ‘name, social security number, age, race, sex, date of birth, height, weight, hair color, eye color, digital photograph, address (-es), fingerprints, date and place of employment as well as each conviction, description of crime, identifying marks like tattoos, etc., occupation and DNA or other genetic markers’ (www.klaaskids.org). Procedural Guidelines - Implementation of the Registration/Publication Program A person with either temporary or permanent resident status in the state of Florida which is predefined based on the duration of stay and with a past record of felony or sexual offence is required to register with the Florida Department of Law Enforcement (FDLE) within 48 hours of establishment of residency status (Tunnell, 2004). If such a person is enrolled or employed in an educational institution in the state he has to inform the sheriff or other competent authority of each location, institution name, and address within 48 hours of joining. Similarly such a person is required to inform the pertinent authorities of his intentions to leave the state of Florida 48 hours before the actual movement from the state. If under certain factors such a person decides to stay on in Florida after changing his decision to move out of the state, if he does not inform of the change of decision, it will be considered as a second degree felony (Tunnell, 2004). Any change in temporary or permanent residence of such a person has to be reported to the authorities within the specified time frame of 48 hours without fail. If such a person resides in another state but works in the state of Florida, both addresses have to be mentioned in the registration document. The registration information of such persons thus has to be updated on every change in residential or employment circumstances within 48 hours which is mandatory (Tunnell, 2004). The registration record has to be updated and maintained permanently throughout the offender’s life span unless he or she receives an official and full pardon. Any failure to comply with the above regulations for registration is considered as felony of the third degree with serious consequences for the offender. Similarly once convicted if such an offender is found to be employed and working with or without compensation at any business, school, park, playground or any place where children congregate, it will be considered a felony of third degree. The sexual predator designation can be removed only after the elapse of 10 to 20 years after release from prison and with the proof of absence of any fresh incident of sexual nature. Upon being set free of the designation of a sexual offender/predator by a competent court of law, it is required of such a person to get his or her name removed from the registry by furnishing a certified copy of the court’s order (Tunnell, 2004). The registration costs, any other fee related to the prosecution or submission of blood samples and medical care during prosecution or otherwise is to be borne by the offender/predator. The FDLE is responsible for the on-line maintenance of current information about each registered sexual offender. Maintenance of a hotline access for state, federal and local law enforcement agencies to obtain instantaneous offender information and the verification of the records provided for registration is the responsibility of the FDLE in order to monitor, track and prosecute the offenders as and when required. The information and records maintained by the FDLE are public records and can be called for at any time to satisfy concerns of a society or demand from any citizen. Penalties for Non Compliance If an offender tries to subvert law and tries to hide his status in any way it is considered a serious offence and graded at the severest levels which is known as third degree felony. Failure to register and a repeat offence can attract a prison sentence of a very long duration. Any act of omission by the sexual offender/predator in violation of the state rules can result in prosecution in the county where the offense was committed or last county/place of residence or where the conviction took place. It is the statutory obligation of the offender to register and if he does not do so, he can be arrested and faces immediate obligation to register upon arrest (http://offender.fdle.state.fl.us). A one time defense in the form of lack of notice can be used by the offender with no such subsequent provision. In fact any person who aids the offender in eluding authorities and tries to harbor him or her and conceal his identity is also subject to a third degree felony implication. Constitutional Challenges and Concerns Although the law against sex offenders/predators is very clear cut and precise, has been modified from time to time through various acts to strengthen it and plug the loopholes, it is sometimes protested against by the public due to its stringent, almost mechanical nature as human being is a susceptible animal governed by an intricate psychological makeup. Constitutional issues are therefore raised when strict residency and exclusion zones are practically applied on the offenders. They are thus deprived of many humane amenities like employment opportunities, assess to family members, affordable housing and therapeutic treatment during medical emergencies (Strutin, 2008). Restrictions have been challenged in the court of law a number of times ever since the strict residency and isolation rules came into force. Matters like right to travel, property rights and equal protection have often been hindered by the strictness of zonal isolation of such offenders and have needed the intervention of courts of justice to arrive at possible solutions and direction. There are competing interests in individual states where the law is different which cause further complications in society leading to a number of cases filed in the courts of justice. Residency restrictions have also failed to curb second offence statistics of habitual sex offenders (Strutin, 2008). Worries have been expressed from some quarters as per the enhanced risk the strict residency laws create for children, society as well as the sex offenders themselves. Legal challenges have been put forward in matters such as the duration of wearing electronic tracking devices and the incorporation of juvenile records in the registration document (MacLean, 2008). Latest amendments and acts also bring forth new criteria for classifying sex offenders and persons who had escaped registration earlier are brought into the net which further triggers challenges and appeals in courts. Conclusion Although a sexual offence gravely affects the texture of society, punishment and isolation alone are not the only solution as it can further complicate the matter. The pertinent laws and the incidents stimulate the society in its endeavor to protect itself from such hideous crimes. Amendments along the course of the American law history have been well researched, systematized and have yielded better results in curbing this menace by manual as well as technological means. Complications need to be sorted out with further amendments by the appropriate think tank and authorities. References Ainsworth Bill,2008, Law to boost sex offender monitoring falling short, Online article available at: http://www.signonsandiego.com/news/state/20080214-9999-1n14jessica.html Child Sex Offenders - Definition, 2005, Online article available at: http://www.amw.com/features/feature_story_detail.cfm?id=365 Florida housing sex offenders under bridge, Online article available at: http://www.cnn.com/2007/LAW/04/05/bridge.sex.offenders/ Florida Sexual Offenders and Predators, legal - General Information available at: http://offender.fdle.state.fl.us/offender/Legal.jsp MacLean Pamela A., 2008, Challenges grow over sex offender laws, Welter of confusion over restrictions, online article available at: http://www.justiceflorida.com/2008/06/articles/florida-criminal-lawyer-ronald/national-law-journal-challenges-grow-over-sex-offender-laws/ Offender definitions, Available online at: http://offender.fdle.state.fl.us/offender/OffenderDefinition.jsp Sex offender Registration and Community Notification for: Florida, 2007, Online article at www.klaaskids.org/st-flo.htm Strutin Ken, 2008, Criminal Justice Resources: Sex Offender Residency Restrictions, Online article available at: http://www.llrx.com/features/sexoffenderresidency.htm Strutin Ken, 2007, Criminal Justice Resources: Sex Offender laws, Online Article available at: http://www.llrx.com/features/sexoffenderlaws.htm Tunnell Guy M., 2004, Guidelines to Florida Sex Offender laws, pdf document available online at: www.hcso.tampa.fl.us/Sexual_Predator_Offender/2004GuidelinesFiNALREV-05102005.pdf Read More