When Prison Is A Better Option
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.
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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.