Weekly Update #11
Dear Members and Advocates,
On our site this week we featured some reminders to registrants. There is a distinction between ‘probation violations’ and ‘registration violations’. For one, conditions of your probation need to be complied with in addition to conditions of registration. Also, conditions of probation may differ from one registrant to another, while registration requirements are generally standard. Finally – and this is an important distinction – in order to be violated for a probation violation, the prosecutor must prove that your violation is ‘willful’, while violations of registration requirements are “strict liability” they can take place unknowingly.
In a sense – from the risk of violation perspective – it’s far more difficult dealing with registration than it is probation. One mis-step, willful or not, knowing or not can easily yield a registration violation and with last year’s change in the statute, the consequences are greater than before. That’s why it’s important to regularly check our site, read through our weekly updates and even check the registration statute to stay on top of your requirements. We strive to bring you timely updates on our advocacy efforts and legal challenges, but just as importantly we strive to give you the latest updates to registration obligations.
Thus far there are no new bills introduced in this legislative session that will have a significant impact on people already required to register. There’s a bill to make “child-like” sex dolls illegal (that probably won’t pass and so what if it does) and one to create a registry for people who solicit prostitutes (now that they are calling it “Human Trafficking” it just might pass), but we’re watching out for the ones that move the ball on persons required to register. Hopefully, with the State seeing that we are pushing back in the Courts, it’s causing them to think twice before introducing legislation that just might subject them to a lawsuit.
In our other efforts to bring you the best resources and information, we want to remind you of our monthly member calls. Next Months’ call (which will take place Thursday February 7th at 8pm ET) we have the privilege of having Professor Emily Horowitz as our guest speaker. For those who don’t know Prof. Horowitz – she’s the one that destroyed Marci Hamilton (scholar in constitutional law at the University of Pennsylvania) in a public debate coordinated by Reason.com and which can be found here. Prof. Horowitz will review some of the research and evidence about sex offense registries and the harm they cause, and make an effort to summarize and highlight some specific research findings about the registry that are useful to be aware of for those engaging in advocacy efforts.
While we strive to make FAC a valuable resource for information – we want to remind you of the importance of sharing information. If you become aware of an issue affecting registrants in your area, please let us know about it. If you have a question about a registration requirement that’s unclear to you, please ask. We assure you that there are others in your situation who are in the same boat. By sharing information and resources, we help each other know what’s going on and we become more effective.
Sincerely,
The Florida Action Committee
SOME HEADLINES FROM THE WEEK
Man Sentenced to Death for Killing Sex Offender Inmate
On Monday, Rocky Ali Beamon was sentenced to death in Jackson County, Florida, for First Degree Premeditated Murder of Bruce Hunsicker at the Apalachee Correctional Institution in 2012. Beamon’s confessions shed light on his motive: Hunsicker was a sex offender. After…
Kissimmee registered sex offender arrested, accused of going on school grounds
Let this serve as a reminder for all persons required to register. Anyone who plans to attend their family member’s school event needs to get the school’s permission first. A registered sex offender in Osceola County has been arrested for allegedly setting foot on…
Probation violations must be proven to be ‘willful’
In Archie v. State, a case decided last week in Florida’s Fifth District Court of Appeals, we are reminded that probation violations (unlike registration violations) need to be willful and substantial. Archie, who was on sex offender probation, was violated for (among…
NARSOL: People First Language
The following was circulated to all affiliates by Cindy at NARSOL. I think it’s a very useful message. When dealing with others, you might want to suggest they re-phrase their labels. Hello friends, I’m sharing the following text and link with you on person first…
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