Ron Book, ‘Average homeless person lives 13 to 17 years fewer’
In an article on South Florida’s CBS4 News on vaccinating the homeless, Miami-Dade Homeless Trust Chair Ron Book made an interesting statement. “The average homeless person lives 13 to 17 fewer years than either you or I will live,” he said. 17 years is a lot of years. That’s more than 20% of the average lifespan in the US.
It got me thinking… If there are actual statistics to back up that statement, and we know there are studies to demonstrate that Sex Offender Residency Restrictions (SORRs) lead to homelessness, we have a causal connection between SORRs and a pretty significant lower life expectancy.
The government has been arguing for years that Florida Statute 775.215 (Residency restriction for persons convicted of certain sex offenses) as well as the myriad of County and local SORRs are not “punishment”. The primary rebuttal has been that SORRs are tantamount to common law banishment, which has historically been considered punishment. In many states that argument has prevailed, but no such luck in Florida.
But would being legislated into a consequence resulting in a reduced life expectancy constitute punishment? Untimely death is a “pain or loss”, isn’t it? Even prisoners (who are unquestionably being punished) have safeguards to protect against “non-punishments” that harm them. For example, when it comes to scientific research involving the use of inmates, 45 CFR §46.306 states that the research can involve “no more than minimal risk and no more than inconvenience to the subjects;”
… sure walks and quacks like a duck, huh?
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Book is a smart idiot.
Of course it’s a silent genocide, but they continue to play dumb with the “public safety” argument.
“The government has been arguing for years that Florida Statute 775.215 (Residency restriction for persons convicted of certain sex offenses) as well as the myriad of County and local SORRs are not “punishment”.
While I’ll no longer get into the details of my case, SS_Analysis 2004 clearly states the legislature intent of 794.065 ( “UNLAWFUL PLACE OF RESIDENCE”) was to “CREATE A NEW CRIME”. The punishment imposed for violating this criminal statute is conditioned upon the penalty impose for the original offense. If the original offense was classified as a first degree felony or higher violation of 794.065 (Now 775.215) would be classified as a third degree felony; If the original conviction was classified as a second or third degree felony the violation would than be classified as a first degree misdemeanor.
While else where,the penalty imposed for failing to register is for that failure and is imposed regardless of the classification of the original offense. That is everyone, regardless of original conviction, would face a third degree felony. Finally unlike other remedial sex offender statutes, this is the only one applied prospectively which clearly indicates the legislatures intent to “punish” and avoid any potential ex post facto prohibitions.
In short, 775.215 is penal and violation of its provisions would constitute a new crime.
Regulated into homelessness due to Mr. Books advocacy work, I was forced to endure chemotherapy and radiation therapy, while living out of the back seat of my car. Nights spent in the Red, Blue or Green parking garages, puking into barf bags, curled up in the back seat of my car suffering with severe abdominal pain, was nothing less than cruel and unusual punishment. You see, Senator Lauren Books ordinance makes no exception to the law for those with chronic health conditions such as mine. We’ve been regulated to die in the streets of Miami like dogs.
As my condition continues to worsen, one morning a Miami herald headline we read “Homeless sex offended found dead in car”. Surely they’ll highlight my 1998 conviction while minimizing the impact of Senator Lauren Books sex offender residency restriction has on those suffering with chronic life ending conditions.
A good example of this is the case with Doe # 5 in Doe V Miami Dade. While mentioning his passing the court glossed right over the impact of how being regulated into homelessness had on shortening his life. After all he, (we), are MONSTERS, sex offenders, good riddance.
CMC
Are you not able to make it to another county? Some counties in Florida are not as harsh. I heard some counties in Central Florida are more forgiving since there is such a large population of offenders in that area.
DouglasO:
I believe you’re referring to a withheld adjudication. You are lucky if your adjudication was withheld because you’re not required to register in most states. Anyone with a withheld adjudication should be contacting attorneys in other states to see where they are not required to register.
The 4th Circuit in U.S. v Bridges ruled that registrants are still subject to SORNA if they move interstate. I believe this is a bad decision because it uses SMART guidelines to support an element of the offense. A government agency cannot create an element of an offense to a crime. Besides, this directly conflicts with U.S. v Clarke (822 F3d 1213, 11th Cir., 2016) which states a withheld conviction in Florida is not a conviction and therefore someone with a withheld conviction may possess a firearm. Clarke was decided when the 11th Circuit requested an opinion from the Florida Supreme Court (Clarke v U.S., 822 F3d 1107, FL Sup Ct, 2016) which clarified that a withheld adjudication is not a conviction.
In all fairness to the 4th Circuit, it was decided in 2014 so they didn’t have the benefit of the Florida Supreme Court’s ruling in 2016.
If you are confused, you’re not alone. The law says you have to register but you can possess a firearm.
What makes this such a deal for Florida registrants is that few if any other states has an adjudication withheld. The closest thing in most states is holding a plea in abeyance until a person successfully completes probation and a finding of not guilty is entered if they successfully complete probation. In most states, this is not a conviction so they are free to go on with their lives. Any registrant in Florida with a withheld adjudication in Florida should contact attorneys in other states, show the two Clarke decisions to the attorney and see if they are required to register in that state. This could well be your ticket off of the registry. If you’re not willing to do this much, then the registry isn’t that much of a burden for you.
Will ACLU file an as-applied challenge? That was their next step, I thought.
Or are they just going to drop this?
Jacob, what do you mean?
Jacob, if your referring to Doe V Miami Dade County the SORR challenge, the Judge clearly articulated “the contention regarding the rational basis for the residency restriction was undone by the testimony of the plaintiffs themself:
a) John Doe #6, for example, admitted that one of the techniques that he has learned in sex offender treatment is not putting himself in situations where he can get urges towards children. By his own testimony, John Doe #6 noted that this technique specifically includes staying away from schools.
b) During trial, John Doe #6 testified in greater detail that he makes it a point when walking past schools to walk purposively past the school so as not to let his mind wander.
If sexual offenders are instructed during therapy sessions to take concerted effort to not let their mind wander when walking around schools, both the County and this Court are free to question whether the community should take the risk of increasing the frequency of those impulse checks by allowing sexual offenders to live closer to schools. Certainly, it is rational to limit the potential for incidental contact between sexual offenders and children and thereby create additional barriers to the incidence of child molestation beyond the sexual offender’s own faculties for impulse control.
d). Similar support was offered by John Doe #4 who admitted at trial that he would prefer to be located in housing that was far away from women and children in order to avoid being falsely accused of another sexual offense.
Upon reading this I was not only left baffled but really outraged. Had not any of these plaintiffs met with counsel BEFORE giving such self destructive testimony?
CMC
I went through one of those treatment programs when I was on probation. I was one of the lucky ones as I had group therapy. When others shyed away from talking, I always volunteered to talk and share.
After about 4 months, I was graduated from the class. The therapist spoke on my behalf that I was no more a danger to the public than any other citizen. That alone got the rest of my sentence thrown out.
Having said that, the type of therapy you speak of is more of a mind melding that I think makes things worse. Especially if they throw everyone into the same classification. A 20s something guy who slept with his 15 year old girl friend is different than somebody who picks up small children and rapes them.
Now both are illegal. Both are wrong. Both are treated the same and have to register for life. We are basically the only grouping of offenders who they do this to.
What is even more odd, one day seperates if you have to register or not. My Crime was 1991. Registry started here in 1997. I was still in probation in 1997. Someone who committed a sex crime in 1992 but got off probation a day before the registry started in 1997 is Scott free, other than still have a record.
Some poor sap who committed a sex crime in 1970 and gets released in 1998, has to register I suppose. I think when lawyers go in to fight these illegal registry retro active applications, the judges hear “Blah blah blah” while they file their nails or listen to a podcast of the sports scores.
FAC, I thought Miami SORR case was lost on a technicality. Doesn’t the above suggest otherwise?
Either way, is ACLU not planning on filing an as-applied challenge?
At this time they are not.
Media:
Thanks for bringing up that point. There are people working behind the scenes every day that don’t get credit for their work. Derek knows this. The fact is, there are 30,000 non-incarcerated registrants in Florida and there isn’t even 3,000 active in this cause. Perhaps 300 are active on a regular basis and their work is appreciated. However, 99% do little to nothing.
I knocked on the doors of several dozen registrants trying to get meetings going. They had every excuse in the world not to attend meetings. The registry is just not so onerous on 99% of registrants to get them to participate. States are passing legislation almost every day to make registration more onerous. States are trying to legislate registrants out of the communities and into prisons and civil commitment centers. It’s only a matter of time until registrants are legislated away from cities and out into BFE where they will be away from the services they need. Ron Book’s goal isn’t to force registrants into homelessness in Miami. His goal is to force them as far away from Miami as possible. Registrants who refuse to leave Miami and choose to live in tents don’t grasp this. They will be harassed until they are in prison for non-criminal conduct, in civil commitment or wise up and get out of dodge. I visited Derek in Tobias a few times. Tobias is out in the middle of nowhere. This is where everyone wants registrants and where registrants will be unless they stand up and fight.
Derek knows that 1% are out there making an effort to make changes. Their work is important and appreciated. The biggest task this movement faces is to get the 99% into the fight. Unless this happens, you will be seeing a lot more registrants moving to Tobias.
So true i am not one of register people but you have it lots of dump reason to put people on but guess what if they would do registery for all crimes including government official law enforcement then people might open eyes these officials are just for themselves espeacially now think they can do everything but yes need people to fight back