From the Blog of Scott H Greenfield, comes an interesting but horrifyingly disturbing real-life story of a person required to register as a sexual offender who was released on probation, only to request to be voluntarily violated so that he can go back to prison. Why, you ask? Because probation sent him to go live in the woods!
Even though he could have had a home with his mother or his sister, both addresses were off limits because of residency restrictions, so he had to sleep in the woods on the ground, like an animal. The conditions were so bad and aggravating to his medical conditions, that he decided he was better off in prison… so he voluntarily violated and went back.
All this total control over the released individual on MSR (mandated supervised release) is something imposed by the executive branch of government and can be challenged in the judicial branch. The problem is…the judges are all Roger B. Taney wannabees. That’s the bloke who in 1857 told that poor old Dred Scott he had no rights that anyone was bound to respect. You, as an RSO on weaponized probation because of your refusal to accept AND PAY FOR THRU THE NOSE their notion of “Treatment” and frequent polygraph examinations are no better that old Dred Scott. You’re a government slave confined in most cases to a fairly large “plantation” from which you are not permitted to stray without written permission by your “owner” which can be identified as your parole or supervisory officer. But try to find a Federal district court anywhere that will recognize your situation as a violation of the 13th Amendment. The authorities should take a page from the ancient Greeks. Following punishment, one’s crimes were expunged and the punished miscreant returns to the same situation he had before he committed his offense. All his citizens rights and liberties returned automatically. That’s how it should be for ANYBODY in this “Land of the Free” with “Liberty and justice for all who can afford it”.
When I was incarcerated, there was a very good, very intense, in-patient treatment program those convicted of a sex offense could volunteer for. Naturally I did and it really helped. Upon release, the state laws (Illinois) are very draconian and the law enforcement people seem to go out of their way to make things even harder on RSO’s. The stories on that issue I could share would fill many a page. Anyway, on this thread’s topic about prison being better than life on the outside, I am sad to report many of the folks who attended that treatment program with me went back inside; because the restrictions placed on them by the SO laws couple with the treatment they received from society and the police made life on the outside simple unbearable if not virtually impossible. They intentionally did something to violate the conditions of parole (in some cases lifetime parole) or if they were not on parole, they violated the SO registration laws in some way or another. Knowing this make me weep for the state of our country.
Some ask how did I avoid this fate? I got the hell out of Illinois as soon as I had the chance.
I was sitting in an attorney’s office yesterday being told exactly what Cherokee Jack posted the other day: because my husband will be on sex offender probation, he will not be allowed to access the internet. (Nothing was ever found on any device in our home.) You cannot function in today’s world without the internet. When I asked if that meant no internet at all could come into our house, then I was told no — I, as his wife, will still have internet access and usage in our home. When I told them that I am a volunteer for the FAC Media Committee and search daily through Google News for national and Florida articles where I have to type in the words “sex offenders” each morning, I was told that will probably no longer be allowed for me since my husband will be living in the home with me. The problem is the work SEX that I have to use, plus it is in all the articles that I read. I keep copies of almost every article I use and my replies, which are either direct comments or emails. I would gladly let any FDLE official or probation officer read them. I am doing nothing illegal.
So I might get “shut down” come February, but (and as always this is not meant as proselytizing — it is just who I am) whatever God ordains, it will happen.
Another article that might be of interest to some: https://www.courthousenews.com/nj-fights-to-keep-tabs-on-qualifying-sex-offenders/
Sarah – there are tools to monitor his internet activity. They cannot control what you do online.
Thank you. I will definitely be looking into this matter.
There have been many rulings on that very thing. If you cannot use the internet, basically you cannot survive these days. Even old fashion me now pays 100% of my bills online.
Before I got arrested there was not internet. Once I was on probation was the first time I ever owned a computer. I never looked at porn but my probation officer showed up with cops and checked my computer based on a tip from a neighbor. She found an image but here is something that was cool.
I was scared to death as I knew I did not look at porn. She asked ” Have you opened any suspicious emails lately” and I said yes. She asked to look at the email and thank God I had not yet emptied my trash bin. Lo and Behold, the email was from the neighbor. Guess who went to jail? Not for trying to set me up ( which she totally deserved ) but for sending a pornographic photo via the internet.
BTW, the Cops who were with the probation officer searched my entire house with NO search warrant ( Not required while on probation ) broke half my stuff and didn’t put anything back when they were done. Took me a week to clean up there mess and I was told anything that was broken I deserved for being a sick *uck!
THE good news? Yeah my Lawyer totally used this in my case to terminate probation and Bingo, it worked. IT also helped that I spoke kindly of the probation officer because she herself always went out of her way to protect me. IE: Not believing the image on my computer was put there by me.
The only time other than this that I came really close to being violated was I was with a friend at Disney enjoying the day. She showed up wanting to do a check on me. I should have said I was out shopping ( But had no idea sex offenders on probation were not allowed at theme parks ). When I told her I was at Disney, she lost it. She demanding to speak with my friend ( He did not know I was on probation and never spoke to me again after this ). She said I could stay for the day since we had already paid but if I went into the bathroom he had to go in too and watch to make sure I do not re-offend in there.
Only thing that saved me is she admitted she never advised me of the theme park rule but said ” I should have know better”? Really? Make up the rules as you go along since that was not in any of the paperwork I signed.
Sarah I thought of something, perhaps get a laptop that is ONLY yours and when not in use can be locked in a safe that only you have access to. That way it is not a common computer and law enforcement has no right to search YOUR private laptop without a search warrant even if he is on probation. That is YOUR private portable device. Also you could use your phone if it has internet as they cannot search your phone. Two viable options
Thank you. I will ask about that option — the laptop — if it ever comes to that. The phone, of course, I use online but the work for FAC would be too cumbersome on a phone.
If your conviction was before sometime around 2005 you can still use the Internet . I share my computer with my wife and son 29 years old. The only time they check at Disney or Universal Studios your ID is when you buy season tickets. I won’t go to either one because I am to cripple to visit any park. My grandkids are just as happy going to the beach and we can use the cost of those ridiculous price tickets to buy them extra clothes and gifts’ . I am glad I am able to use the Internet to pay my bills & lookup info at the FAC’s site with all the good and needed Info. Thanks FAC !!
I forgot if she said he was on probation or not but a judge can order someone to not use the internet. Regardless if it is right or not, we do not want to give people advice that gets their loved ones locked up. I have seen orders handed down where someone who used the internet to commit a crime be ordered to not use the internet. Best to contact an attorney and have them look over the orders and possibly even have a hearing to clarify / modify
The supreme court ruled they can not keep a person off the internet. Several federal courts have ruled as well. Just the other day it was ruled in the 10th circuit
probation can not keep you off the internet.
One can still be kept off the internet as a condition of probation, tho. At least in most states.
Can you please give us the case names or citations or news articles?
Sarah, here is the Floriduh “sex offender” probation statute:
[948.30 Additional terms and conditions of probation or community control for certain sex offenses.—Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section.]
https://www.flsenate.gov/Laws/Statutes/2018/0948.30
There is an internet restriction:
(1) (h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until a qualified practitioner in the offender’s sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender’s accessing or using the Internet or other computer services.
Thank you, JZ. I have printed a copy of this statute for my records.
You’re very welcome.
I too lost Internet access for a few months when put on probation. My wife had to do all of my emails and work research for me.
A few months into my treatment, my therapist did a risk assessment and I was allowed Internet access for work, school, and research. I used the Covenant Eyes program to prove where I had been on the Internet. Covenant Eyes is an approved program for Internet monitoring with the State of Florida.
Now that I am off probation, I continue to use Covenant Eyes for monitoring and porn blocking. It is a good program and if I ever need to prove my Internet browsing, I’m good.
I am understanding more and more what a battle it is for citizens on the registry. Every time I see a registrant re-offend and have it blown up all over the media as though every registrant is like that, I just cringe. Then I run across this “news story”, which purports the data out there that is bringing down all the false myths, is not reliable. In this news clip, the man who states that tracking recidivism rates for registrants is “tough” and sample sizes are too small, also states at the end of the story that in his experience, repeat sexual offenses aren’t extremely common. “For the most part, you’re dealing with people who made bad choices and probably will never re-offend again.” So why is he trying to destroy the results of every study out there?
I would post comments on this news story, but I cannot find any place to do so. For one thing, he needs to know that the DOJ’s 9-year study using 30 states was not a small sample.
https://www.fox13memphis.com/top-stories/fox13-investigates-how-often-do-sex-offenders-repeat-sex-crimes-/994819918
Greenstein?
SORRY!!! Greenfield! Sincere apologies!!
What is interesting is that states that do not have residency restrictions don’t seem to be having additional problems because of it. Somehow the states need to be made to give documented evidence to the contrary for their state if they impose such restrictions. No one should be forced to live in the woods and that includes dogs as well.
“Manly deeds, womenly words”!!! Womanly words have never gained any man’s rights!!! I respect the hearts of the women who help us. But sometimes the violence of warriors are the only means effective!!!
Yes, like those warriors who scream and yell profanities at State Senators, their violent and abusive words have accomplished nothing but to besmirch all of us. Those who have done nothing have done more.
Speak softly, leave anger issues at home. Speak politely, decisively and to the point or say nothing at all.
Knights, Squires Guards…Preparing for Battle.
From the blog
” Some will reply, “Well, if he didn’t want to spend the rest of his life like this, he shouldn’t have done the crime. ”
These are from self righteous people who think they are perfect and immune to the criminal justice system. There are traps of all kind in that system just waiting to get ” anybody “. A high ranking long time cop once said, ” given the right circumstances and the person’s heightened emotional and mental level in that situation, any human is capable of a crime ” and he included himself as well. You just never know. It can be tomorrow or years from now.
The individual referred to in the blog post is on probation. Any and all of his conditions of probation are considered to be part of his punishment. Including his residency restriction.
Once he is released from all penal sanctions, including the residency restriction, he will likely fall under the purview of 775.215 formerly 794.065.
Considering statutory construction of 775.215 along with a safeguard against an Ex Post Facto violation (prospective application) suggests the intention of its makers in 2004 was to impose a punishment.
Lets start this conversation understanding the nature of the Constitution and Rights in the Bill of Rights. They are LIBERTIES, not RIGHTS. They say congress shall make no law……things the government may not do and what they can not interfere with.
We are at LIBERTY to act on one’s own inclination. To travel, to change jobs and residencies without government interference or restraints unless for the PUNISHMENT of a crime.
This liberty interest, the FREEDOM to change residencies is so deeply embedded in our nations history and traditions, that any attempt to impose such restriction retroactively without question violates the ex post facto clause. So why do we continue to fail in the Courts?
The argument.
It’s not about a “RIGHT” to live where you want. It’s about whether the act of changing residency is protected conduct.
The restriction on the liberty to change ones residence is intrinsically penal. The use of words such as “Regulation” does not change the nature and character of the enactment. It is PUNISHMENT.
Hopefully all the negative results from when the registry began; will come up in the arguments when the season starts back in Tallahassee for all the Legislative to hear!. And hopefully the positive side of the board if there is any, will listen and have respect and empathy if there is any. If a registered citizen, happen to hear that; say went hiking and got lost and had to stay the night in the woods with no blanket or pillow?. Normally of course there would be empathy towards that person no matter who they were. Because that is what normal human beings do!. They are supposed to care for one another and hope they are alright!. And just like the possible family member that would have to stay the night in the woods because they got lost. I am sure they would rather spend that one or two nights in jail if they could!. The only difference would be that that person wouldn’t be in jail because of some sort of ” PUNISHMENT” Just like the guy that volunteered to violate just to have a place to sleep!!.
No longer is America is perceived as a fair country and admired around the world as the land of the free. Instances such as this one and YES sex offender registries themselves dispel that myth and are one of the reasons that America IS failing.
When a country and its citizens allow this sort of inhuman treatment of other citizens then the values have been lost. The current “leaders” on both the state and federal level simply do not care about individuals.
What is even sadder is, the registries were started here but almost every other country in the World has followed our lead and now have some sort of registry. Will they ship us all off to Anartica to start a new country like they did with Australia ?
Yes. This happens quite often that a sex offender is released as “homeless”. It happened to me, but I was fortunate to have housing offered to me by a place that was not in an exclusion zone. But I have seen plenty who are living in the woods.
It is inhumane to deny shelter to any human.
The sex offender residency restrictions MUST BE STOPPED (by ANY means!)
If it were not for my elderly parents helping me out, I would be living in the woods myself. I spent all my savings on useless attorneys who lied to me and never offered me the chance to get a public defender when I ran out of money. I did not want to plead guilty but the lawyer said if I did not have the $ for a trial, that was my only recourse. I appealed from prison with the judge and she wrote back with a denial for an appeal.
When released I tried to fight it but was told the statue of limitations had expired and there was nothing I could do.
Let’s remain aware that even judges can be sued. And may that time come when registrants perform that liberty en masse.
Nearly 20 years ago I was sentenced to probation with a prison sentence hanging over my head. Each time i was violated on probation, the probation was increased by 1 year, plus any time I spent in jail “stopped the clock”, meaning that when I got out, i would have lost time and had to make it up by them adding it to the end of my probation term legth. This is effectively how these people hold you forever.
Then if they violate you and the courts impose the sentence that was held off, then this probation time and jail time does not count towards the prison sentence, even though it is supposed to. What this means is this poor soul will be on probation for a very, very, very long time and then when they cannot extend it any further, he will be on parole. If that does happen, he should simply refuse to accept the terms of parole and stay in prison and finish out his sentence in prison.
Knowing what I know now, I would have gone straight to prison instead of accepting probation option, then refusing terms of parole and stay in prison. Instead of spending 12 years between probation, prison and parole, i would have only done 4 years in prison and saved myself 8 years of hell and been a free man, or at least as free as I could be, as the registry still seems to have a stranglehold on my success in life.
He should be filing a motion to the court to revolk his probation and impose the original sentence, then refuse parole and stay until he is finally and truly done with no supervision after.
Every sentence carries a statutory maximum. When you get violated, the time you spent on probation does not count as time toward a sentence BUT it does count toward the statutory maximum. I did 10 in prison (6 plus a violation) and 13 on probation in between. My statutory maximum is 23 years and some months. Basically, they could not give me any more time on probation (well, a few months, but a violation of that would’ve meant nothing because there wouldn’t have been time to get me back in the system without exceeding the statutory max. )
I just want to maskew sure everyone is aware of that. I wasn’t and when I found our, if saved me from more time when I brought it up. To be clear, my public defender was clueless about this.
Dear Jim, thanks for pointing out the issue of statutory maximums. I have raised this issue in federal court. My argument is essentially that I have exceeded the maximum statutory penalty of ten years for a porn offense bc it’s now been almost twelve years of punishment between prison on supervised release. Federal defenders were clueless about it but my paid defense attorney is not.
Well if the Expo facto case ever moves forward and we can get relief from the Retroactiveness of the registry, many of us can live with just having a criminal record but no other sanctions. From what Florida action committee said in one of their post, the case can be delayed for many years or the court can decide to not hear it at all.
(at least that is how I interpreted the wording, correct me if I am wrong)
You are wrong.
The case is proceeding as it should. If you check the docket on PACER you will see regular activity.
The case may take years – that’s how long these cases take.
Only the SCOTUS can decide not to consider a case, not a district court.
So #1 I was correct on the first part, it can take years
#2 I said correct me if I am wrong on the 2nd part so thank you for a quick update and correction 🙂
How do we access Pacer and what is the Case Number?
https://www.pacer.gov/
1:18-cv-24145
it says I need to create an account view ??
Yes, you need to create an account to view the cases. It’s not a free service.
.31 cents a page to view? Help me out with a job first! Lol
Any updates on 1:14-cv-23933-PCH.? It was appealed to the Eleventh Circuit? New case #?
Court of Appeals Docket #: 19-10254
I am a USA citizen. In my time in the military and as a civilian I have worked in and lived in 3rd world countries. America likes to walk around with her nose so high in the air as a country of civil rights, and yet we force our own to live in “inhumane” ways. We treat our pets better than our own citizens, ones that politicians have decided don’t deserve to be treated like humans.
How ironic is it that the same justice system that is doing this to Scott, and the hundreds living in unsanitary conditions under bridges in Miami is the same justice system that will throw someone in jail for abusing their pet dog.
I just can’t wrap my mind around the fact that what was the greatest country in the world as far as I am concerned, is not the country that does this to their own citizens, all for the sake of money. Oh how far we have fallen!
Of course he violated himself thats what they want you to do that way they can say “see a sex offender cannot be rehabilitated” which gives them more power to make more laws to put us living further in the woods. These supposed intelligent law makers have not had any contact with one of us on a personal level or had a family member involved in our situation or you would see the laws going the other rather quickly. Its a matter of time before the registry has 5 to 10 million people on it then maybe someone with some power will pay attention to us. Until then do the best you can and try and help each other out
I lived in the woods for over a year and a half, honorably discharged Veteran, and during a hurricane too, it was a swamp. My PO told me to sit under the overhang at a nearby police substation, which the dispatcher there approved, only to be told by a jackass cop that I had to go back to the swamp! My mother, who is 86 years old wants to move her mobile home to a piece of land so that I can live with her, all properties so far have been denied! She lives alone as well. Wish someone could do something to change these BS laws that only harass offenders and separate them from their families!
David,
First of all thank you for your service in the military, my Dad was in Vietnam.
I know you want to be near you Mom but if things get too bad, there is a place in Orlando where an offender bought about 20 houses and the entire street is basically sex offenders. The sheriffs office likes it as they can keep track of everyone all at once and the non offender neighbors are outnumbered.
Prayers for you and your Mom
Thank you for your reply. My father is buried her and my mother not only has me take her to visit him, when approved, she also has a plot next to him. She has lived here all of her live and does not wish to relocated.
“In my case I never even had a conviction but I’m still required to be registered for 25 years! I call it Prison Without A Conviction. At least a jail gets you hot food and shelter and resources to turn your life around. Seriously there can be cases where terms served in Federal Prison and upon a paroled release No Registration is required depending on the crime of course. RSOs in Florida total about 40% are registered as without permanent addresses. So as crazy as it may be a jail cell could be a better solution. That’s the insanity of these laws that are supposed to protect children but actually are ruining the lives and families of compliant Offenders.
JEV – True Confessions
And of course, the mainstream media doesn’t report this. Instead, they’d reports something like Sex Offender Violsted Law Again And Sent To Prison.
And this is EXACTLY what the system wants. HOW is this not punitive that our quality of life is so bad an so restrictive that we live each day in fear, sorrow, depression and looking over our shoulders? Most of us have long since done our time and completed our sentences and all obligations, or so we thought. We cannot even go back to court and change our plea due to statues of limitations (believe me I tried). In what universe is going back to prison the better choice. Sickening !
Yes. They want you out of their state and country , yet they won’t let you leave. So the alternative is to put you in prison and bitch about the cost. What they actually want is for you to kill yourself so that they don’t have to do it or explain why you were killed in prison.
They already tried that with me. The guards tried to beat me up in prison and as about 10 of them approached me, I turned my back to them and raised my hands and committed myself to the Almighty and said silently, “Only you Oh Lord have the right to take my life”. I then said if He was ready for me, so be it and to welcome me home. A miracle happened and just as they got close to beating me with batons ( Where they got batons I will never know ) their radios came on and called all personnel to the yard ASAP for a riot in progress. That was my miracle and I never forgot it.