If It’s About Public Safety, Then Who Exactly Is It Protecting?
In our work with families of registered citizens, FAC has been contacted hundreds of times by spouses, children, social workers and others trying to solve a problem that should never have to exist. How do you find a place for an elderly or profoundly disabled person who needs assisted living or nursing care when the registry makes him unplaceable?
One call came from the son of a registered citizen. His father was in his 80s and could no longer live anywhere near his family because of residency restrictions. His only realistic option was to move to Orlando and live in an offender housing home with five other men. It wasn’t ideal for him. It certainly wasn’t ideal for his children, who now had to drive four hours to see their father. But at least he had a roof over his head.
Then, earlier this year, he suffered a massive stroke. He spent weeks in a coma. He survived, but was left permanently incapacitated and immobile. He would never again be capable of caring for himself (let alone repeating his offense from decades ago). His family, hospital social workers and FAC volunteers desperately searched for a nursing home that would accept him. They couldn’t find one in Florida. His status on the registry made placement impossible.
And this isn’t an isolated story. We’ve encountered this problem hundreds of times. People who are so old, so sick, so disabled or so medically incapacitated that they cannot possibly carry out the conduct the registry is supposedly designed to prevent are still treated as though the only relevant fact is what appears next to their name on a government website.
Which brings us to this week’s controversy in Michigan. More than 20,000 people were removed from Michigan’s registry after the Michigan Supreme Court ruled that applying later versions of the state’s registration law retroactively violated the constitutional prohibition against ex post facto punishment. Among those removed was notorious US Gymnastics physician Larry Nassar.
Understandably, that name produces a visceral reaction. The crimes were horrific. But here’s a question that will be unpopular to ask, but relevant: If the registry is a public-safety tool and not punishment, what public-safety purpose is served by keeping Larry Nassar on Michigan’s registry? Nassar is 63 and currently incarcerated at FCI Lewisburg in Pennsylvania, serving a 60-year federal sentence. His projected federal release date has been reported as 2068. He’ll die in prison.
He’s not living in a Michigan neighborhood. He’s not walking around Michigan. He’s not reporting his internet identifiers or travel plans – the guy is not going anywhere, ever! So what, exactly, does keeping his name on a Michigan registry accomplish ? The answer cannot simply be, “because he deserves to be shamed on the list.” That’s punishment, and governments go to great length to make clear that the registry is not punishment.
If the purpose of the registry is to identify people who pose a public-safety concern, then there has to be some mechanism for recognizing reality and making individualized assessments. Age matters. Physical condition matters. Incapacitation matters. Incarceration matters. Location matters. Present risk matters. Otherwise, the registry isn’t really a public-safety tool. I know Larry Nassar is probably not a good example to use in this argument, but at least let’s be honest about this.
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So, this dawned me as I was reading this…if Dr. Nassar is in PA in Fed detention (as he is by what is found online), then why would he be on the MI registry to begin with when he shouldn’t be and isn’t (not because of removal either)? MI registry does not track those who are convicted in MI of sex crimes convictions but are residing/incarcerated elsewhere (such as Dr. Nassar), but only those who are required to register within the MI border.
“Federal convicts of sex crimes must register on Michigan’s Sex Offender Registry (SOR) only if they reside, work, go to school, or are incarcerated within the state of Michigan.” MI State Legislature
That takes the wind outta the sails of this argument where he is concerned and is not a good example in this discussion. The county he was prosecuted in/the media should know better to raise a false fear of him no longer being on the MI registry when he hasn’t had the need to be on there in ages, e.g., click bait where homework was needed before publishing or speaking on it.
Your conclusion overall is spot on, but getting there…nope.
I notice this as well but did research this.
What happens if that senior citizen, who is discapacitated and unable to move by himself due to the massive strokes he suffered, fails to report in person to the Sheriff’s office at the date of his scheduled registration? Is he going to be arrested and sent to jail not mattering his health condition? if this is so, then to what extremes of evil and inhumanity has this system arrived?
Emil
Over the years that I have been on F.A.C, I have seen stories on here of just that. Either a story, or even a F.A.C member, poster or visitor came on to declare their family member was arrested for not registering because they were too disabled and no means to transport them to registration. Never got a follow up but wonder if they went to jail or how it resolved I do not know.
I would wonder if a law maker had someone on the registry, how they would treat them if they were disabled. But then again, with their powers, they probably would skirt the system and make it go away, or at least get them some sort of deal. Although I cannot prove that, those with power seem to have certain privileges that most of us don’t. Influence is power.
You are right about the different way people with power and influence are treated in these cases. And talking about this matter, let’s see what happens next with that well known politician who was recently accused of several heinous sex offenses and who while being an active legislator in Florida, strongly supported a new law(that was later approved) proposing the death penalty for the same type of crime he is now accused of perpetrating. Let us see how (and if) law is applied to one of its makers.
Emil
People with power often have double standards. I see stories of cops all the time get a break when they do wrong. Recently on the news an officer let two guys that were clearly drunk go and a bit later they ran into a car and killed the occupants.
https://www.dailymail.com/news/article-16178373/Cop-let-impaired-driver-crashed-car.html
I have seen several stories about this or even being in the hospital and not registering their room(s) and getting arrested for it, which is ridiculous to say the least!!
Losing faith
I got hurt one time and was sent to the E.R in an ambulance. They wanted to keep me over night but I told the doctor to fix me up and I will get a ride home. I did not go into the details but once you register the hosptial stay, from my own experience, good luck getting good care. Would rather be in pain at home that in pain in jail.
Humane is an adjective meaning showing kindness, care, and sympathy toward people and animals, especially to reduce suffering.
Compassion: Acting with mercy, empathy, and gentleness to alleviate distress.
We do not seem to get even half of those sympathies as people see us as monsters.
Just 1 night in hospital doesn’t require reporting it does it? And if we did get stuck in hospital for 3 days or more (car wreck, heart attack, whatever) what are we supposed to do? If we’re in a coma are they gonna arrest us and take us to jail?
Navigating the FDLE CCS login process can be confusing, especially when medical issues arise. I’ve heard conflicting stories lately about people in the hospital for over three days still having officers show up for in-person check-ins, so I’m really curious—what actually happens if you are medically unable to comply? Also both instances had two uniformed officers at the hospital to do this check raises questions into HIPAA also other laws being possibly violated.
https://offender.fdle.state.fl.us/ccs/shiroLogin.jsf
Why is only Michigan doing this? Here in Florida, I was in the first group in Florida to be on the registry, Retro-actively applied after I had served a prison sentence. The next day when I got released, I had to go and register. But the registry was 6 years after my crime and there was no registry. My crime was in 1991 and never have offended since.
My Grandmother and Father both died with Alzheimer’s and it scares the heck out of me. The fear of losing my mind to the disease and where I would stay if it happens to me, Or God forbid I’m by myself and forget about registration. My Grandmother thought that my son was me. My Father on the last day I ever saw him wasn’t sure about who I was. During my visit with him I went to the bathroom and when I came back: His exact words were It’s been a coons age since i saw you.
I have Tinnitus and I have read that this can cause the disease.
As i said I am in fear that it’s going to happen to me and I certainly don’t want to spend whatever life I will have left in prison.
Something has to change about this registration.
Jerry
Sad news brother, the law makers could care less if we were dead. (Scratch that, if we are dead, they do not get the funding for registry purposes for that person)
My point is, they love torturing us, punishing us and labeling it “not punishment”.
On a positive note, stay strong, many of us are pray-ers and I will keep you in my prayers. And F.A.C is doing what they can. They cannot hold us down forever. Eventually a dam has to burst, and I think our Dam incident is coming.