We’ve written several times over the last few years about the lack of any consideration for people who are elderly or sick when it comes to registration requirements. Simply, there are no exceptions. Even if someone is bedridden or in a coma, there is nothing in Florida Statutes that provides an exception to IN PERSON registration.
The fact that these individuals are being prosecuted and jailed for registration violations while they are terminally ill, elderly or suffering with mental illnesses or dementia completely lacks common sense. Not only, in many cases, does their condition make it difficult or impossible to comply with the myriad of requirements imposed on them, but it also, in many cases, renders them incapable of re offending.
In North Carolina, a 61 year old man died behind bars this week. He was jailed for failure to register as a sex offender. He had stage 4 cancer and didn’t even make it two months in jail. Not a new crime, just a failure to register – a technical crime.
We don’t know the full circumstances of his case or how much his terminal illness played into his failure to register, but we do know that people who are at the end stages of a terminal illness, elderly or who have a mental or physical condition that renders them unlikely to re-offend and difficult to comply, do not deserve to be jailed for technical violations that are beyond their control.
How do these people sleep at night this is sickening. I just lost 12k in court fees over a dumb ass Registration tec. And now on probation have a horrible PO was planning to leave the state about now lost shit loads of clients PO came to house made whole family stand outside while she searched it every room were talking 1/2 million dollar home my wife has had nervous break down over this shit charge was 25 years ago for LLA…a girl friend which was legal age difference in other states every day I can’t grasp why these fucking people have aturoity over me like this. The court process was so political like I was being tried all over on the original charge and PO treating me like a piece of crap this pathologically is takings it’s toll
Some areas of this country are finding better ways of handling probation/parole violations than incarcerating people. This could also be applied to registration technical violations that would not be a crime for a citizen not on the registry. It might mean removing much of the leadership in Tallahassee before changes like these could be implemented. It would also require using common sense for a change.
http://www.jmijustice.org/blog/dutchess-probation-violation-review-committee/
Some voices are starting to be heard concerning imprisoning people for things that would not imprison other people in this country.
A large proportion of people “fail” probation or parole and end up back in jail or prison because of conduct that for the rest of us would be perfectly legal, or at least not worthy of incarceration. This applies to those on the registry, too. I am friends with three people with a past sex offense who have been recently arrested or are being threatened with an arrest for things that I as a citizen of the United States of America could never be arrested. All three individuals are leading lives as law-abiding citizens, in spite of the impediments society has placed in their way. They are basically being arrested for being human beings with all the traits that go with being a human being.
Probation and parole conditions are layered on to the many other barriers that states and the federal government erect that prevent successful reentry, like prohibiting former offenders from applying for food or housing assistance, or preventing them from acquiring certain professional licenses. And this does not stop with probation as it continues on with the registry.
I am living in a police state now. I do the sex offender probation and the registry for my husband. I am grateful to the LA Times for their work to “right these wrongs”.
https:/www.latimes.com/opinion/editorials/la-ed-parole-violations-recidivism-20190622-story.html
Registering is not punishment. Registrants need to follow the law first even if that means disobeying doctor’s orders and leaving the ICU and hiring an out of state ambulance equipped with intra-aortic balloon pump to transport registrant to police station despite compromised immune system and open oozing bedsores.
WHY, Oh why! Does the judiciary continually defer to legislated unconstitutional nonsense just because it comes from a legislature? I thought judges were supposed to be a check on pandering legislators who manage to push this crap through and get it signed by governors and presidents. Why have they abrogated their sworn duties in this regard!?
God is the only One who can force changes.
Most people want us dead, even at the hands of another inmate who killed other people that were not offenders.
So, unless God Himself moves on our behalf, most people look at us that this is where we need to die anyway-behind bars.
Jeffery Epstein had quite a few exceptions regarding his having to register.
I pray this man is at peace now and that he knew the Lord. If so, his pain has gone away and he is free at least from the registry once and for all.
What a sad situation where someone cannot even get out of bed and their crime may have been decades ago but can be arrested, as you said, while even in a coma.
The only the thing I am scared of other than an ax murderer are those scary people in comas that may wake up and come after us in their wheelchair.
Luke 23:43 – And He said to him, “Truly, I say to you, today you will be with me in Paradise.”
Reminds me of the story of the rich man and the beggar. The rich man showed no compassion on the beggar. I too pray this person is at rest in the Lord. I fear for the fate of the “rich man” in this story, however.
The law is the law. It is blind, lacks compassion, defies logic and disregards empirical data. While these cases are truly tragic the only way to effect change is to change the law. Before the law will change, societal views will need to reach a tipping point for favorable change. I am 67 soon to be 68, have issues with skin cancer and diabetes and I can see myself potentially in this same situation.
Thank you FAC for your work. There is hope for the younger men and women but I am afraid us older men and women are just going to have to face these end of life issues as they are. I am sure more of these stories will be out there.
Dm
I have had liver disease since I was 19 and now in my late 50s. I did not get ANY treatment while locked up. I was on my death bed until my parents got a note from the chaplain that I might not make it. My attorney called the prison and demanded I be sent to the hospital or he would be up there the next day with the state police. I got moved to the hospital 2 hours later.
Guaranteed I would have died within a few days otherwise. If the prison food, another inmate or guard doesn’t kill you, lack of medical care will without intervention.
I made a promise to myself I would never get myself in that situation again, however with all the petty, petty rules and laws that are NOT punitive, I sometimes wonder if it is safer to stay in bed forever until registration time comes around.
Cherokee Jack, I am a man of faith as well but some of us know, it is not in the laws of man but the Grace of God that will set us free. My family was healed and restored before I got off probation some 18+ years ago but the law has been unrelenting. Registration is punishment for the registered person and a humiliating, painful reminder for the rest of the family.
DM
We have long since established that our families are being punished with us. I cannot take my grand daughter to Disney, or a recital at school, to play at the park or to travel somewhere with family without having to make 3000000000 million Sheriff’s office visits telling them every time I took a poop.
MY biggest fear now is, you have to notify authorities when you are in the hospital for more than 24 hours. Last time I was the nurse tried to kill me and even whispered in my ear what she was going to do to me. I fought back and we filed charges on each other. She dropped her charges when I passed a polygraph and she refused to do one but only on the condition I would drop the charges against her as well.
The next time I was in the hospital, the paramedics were told to roll me over by the wall. When they came back in 10 hours into their shift, they asked if I had been there all that time and I said yes. Not only that, but the staff never checked on me, gave me any food, took any vitals and let me crap myself. The paramedics went straight to the supervising staff and went off on them for their failure to keep their oath they swore to.
I was immediately moved to a room.
THIS IS what we go through, and no one gives a damn.
“You have to notify authorities when you are in the hospital for more than 24 hours” pretty sure is not correct.
Three days, yes, and it’s still outrageous, it I just want us all to be on the same page when it comes to compliance.
As dysfunctional as Florida SO restrictions and enforcement must seem to residents of the state, they appear downright surreal and deranged to those of us on the outside. I don’t have the words or mental reference points to even begin to understand the system there. May God bless you all.
ED C
I stay here for a VERY un-selfish reason. My Parents are elderly and want to be here for them. They stood by me when I was in prison and I will not abandon them now when they need me.
If it was not for them, I would be long gone from Florida. But my family comes first.
I go to bed each night giving my situation to God. My long term goal is to get off the registry of course. The short term goal is, while on it, stay off the Gestapo’s radar with their petty technical violations but that seems like the wheel of fortune these days. You never know what the next spin will bring you.
These are death sentences. Period.