Showing posts with label sex offender. Show all posts
Showing posts with label sex offender. Show all posts

Thursday, February 28, 2008

State lawmakers considering new sex offender bills

02-28-2008

MONTGOMERY — Alabama might want to make an addendum to its "Welcome to Alabama the Beautiful" interstate signs, reading "Welcome everybody but sex offenders."

State lawmakers want to make the state less welcoming to those convicted of sex crimes, and are considering a number of bills on the matter this session.

The House Judiciary Committee on Wednesday green-lighted a bill that would make it illegal for convicted sex offenders to live or work within 2,000 feet of any college or university.

Bill sponsor Rep. Jamie Ison, R-Mobile, said a rash of sexual assaults on and near the University of Alabama and Auburn University Montgomery prompted her to introduce the bill to include colleges and universities under the definition of "schools" in existing law.

Alabama's current law restricts adult convicted sex offenders from living or working within 2,000 feet of elementary and secondary schools, and child-care facilities such as day-care centers and pre-schools.

Full Story

Monday, November 26, 2007

State AG: Sex offender laws need revising

11-23-2007

MONTGOMERY — Two years ago, Alabama overhauled its sex offender laws by ratcheting up penalties, restricting residency and establishing a monitoring system.

Attorney General Troy King says that those efforts were remarkable, but that there is room for improvement.

He’s been checking the pulse of law enforcement officials around the state for ideas on making laws even tougher on those who have been convicted of sex offenses, and said he finds them receptive.

“There is more that needs to be done to address those sex offenders who try to game the system and manipulate the law,” he said.

In addition to prosecuting people who allow a sex offender to use their address when that person does not live with them, King wants to close what he sees as loopholes in the law that restrict how close sex offenders can live to daycares or schools and extend it to other places where children congregate such as Boys and Girls Clubs or the YMCA.

He also wants to level the most severe punishment — the death penalty — on sex offenders who serially prey on children.

“As the father of two little girls, I understand how horrific something like that is and we should impose the most serious sanction that law allows,” he said.

When it comes to those who molest children, even King’s critics don’t argue with his zeal for using the law to keep pedophiles away from potential victims.

Their problem is that Alabama’s current sex offender law, particularly its provisions about community notification, registration requirements and residency restrictions, apply equally to anyone who has ever been convicted of a sexual offense, no matter how long ago that conviction took place.

“I don’t think you will find anyone who would advocate against the registration of persons who are a danger to society,” said Mobile attorney Kyla Kelim. “The thing is that so many people who are roped in by this law aren’t violent or dangerous.

More of Markeshia's story here.

Monday, November 05, 2007

Address mistake shows flaws in sex offender registry

11-04-2007

WHITE’S GAP — It’s rumored that a sex offender lived at the Hollingsworth Mobile Home Court on White’s Gap road near Jacksonville.

The trailer park owner says the rumor was created and fed by mistaken information on a flier distributed by the Sheriff’s Office.

A young man, about high-school age, says he thinks the man still lives over there in that first trailer. “At least that’s what they keep saying,” he says.

A man in his 30s says the sex offender stays with his mother over in a different trailer sometimes. But he hasn’t seen him in a while.

A woman says it doesn’t really matter; he’s got to live somewhere.

The owner of the mobile home court is fed up with the rumors.

The man never has lived there, and notices saying he did, sent out by the Calhoun County Sheriff’s Office, have bruised her reputation, she says.

“I was born and raised in the White’s Gap area, and I still go to church there. Now they’re thinking I have rented to a sex offender and put him in the community,” says Nancy Reeves, owner of Hollingsworth Mobile Home Court.

Chief Deputy Mathew Wade of the Calhoun County Sheriff’s Office says this is an example of the system at work, ferreting out sex offenders.

“That system is designed to let people know. It let Mrs. Reeves know that he was living in her trailer court. At some point he decided it would be better to move, and he and his mother moved to another address,” Wade says.

The point is, he says, that the incident led deputies to the actual whereabouts of the sex offender and kept the community aware.

***

On Oct. 2, Reeves received a phone call from a parole officer with the Alabama Department of Pardons and Parole.

The officer was calling to verify the address of Eddie Dean Wade Jr., a 31-year-old man who had been convicted of sexually abusing and sodomizing an 8-year-old girl.

Court records indicate Eddie Dean Wade was sentenced to three years in prison and 12 years of probation.

“He gave an address where he was planning to live with his mother,” said Chief Deputy Wade. “He is a blind man and had lived there before, but his mother had moved a few lots up.”

Here's more about how the conflict evolved.

Tuesday, September 04, 2007

Former Weaver pastor pleads guilty to sex abuse

09-01-2007

The former pastor of a Weaver church pleaded guilty and was sentenced Monday in Calhoun County Circuit Court for sexually abusing three girls under the age of 12 in incidents dating back as much as 15 years.

Larry Alfred Barber, 71, of Jacksonville, received three concurrent 10-year sentences. The first year will be spent in the Calhoun County Jail and the remaining nine on state-supervised probation.

"He was sentenced to the maximum amount under the law — 10 years," said Jennifer Gillespie, prosecutor for the Calhoun County Family Violence Unit.

"He's now a convicted sex offender and he'll be subject to numerous laws restricting where he can live and work."

Gillespie said given the number of churches and schools, Barber will have a difficult time finding a place in the area to live.

Barber was indicted September 23, 2005 on three sexual abuse counts — all Class C felonies.

With the recent sentencing guidelines adopted by Alabama courts, Class C felonies can result in a minimum one year and one day to a maximum 10-year sentence.

According to Alabama law, crimes fitting this class include inappropriate touching on top of the clothes, not rape or sodomy.

Over the past 15 years, Barber had been the pastor for several churches and helped in a local daycare facility, according to the Calhoun County Sheriffs Office.

The Sheriff's Office did not identify which Weaver church he formerly served as pastor.

"He will not be employed as a preacher in the future," Gillespie said. "He is not permitted to be in a position of authority over children."

Gillespie said if Barber violates any of the restrictions at any time during the probation, he will be sent to prison to serve what remains of the 10-year sentence.

"Many sex offenders do not consistently abide by these laws and end up going to prison," she said. "That's what would happen to him."

Statements from the victims and their families, Barber's age, and a variety of other factors played a part in the sentencing agreement.

Considering these factors, Gillespie said, the sentence served the interests of all parties.

Thursday, August 16, 2007

Registered sex offender arrested for illegally leaving transition center

08-16-2007

On Monday night Calhoun County Sheriff’s deputies arrested a registered sex offender enrolled at One Day at a Time — a drug rehabilitation center and sex offender transition center in Calhoun County — for illegally leaving the site in his own vehicle.

Mark Kutchmarek, 39, had been court-ordered to the center’s drug rehab program in July following a non-sex-related crime.

One Day at a Time director Vicki Benefield called the Sheriff’s Office after she passed Kutchmarek leaving the center, said Chief Deputy Matthew Wade. She tried to follow, but lost him, Wade said.

One Day at a Time is currently being investigated by the Alabama Board of Pardons and Paroles and has recently come under the scrutiny of local law enforcement officials following an alleged July rape by one of the sex offenders enrolled in the program and multiple accusations that the center is not well-run or supervised.

Kutchmarek returned to the center while the Sheriff’s deputy was still there and was arrested on felony escape charges, said Wade.

As of Wednesday night he was being held at the Calhoun County jail with his bond set at $5,000.

Center causes tension: Program for sex offenders has Morrisville Road on edge

08-15-2007
Residents have put up signs along Morrisville Road to protest sex offenders moving into the area. Photo: Trent Penny/The Anniston Star

What one man calls a disgrace, another calls freedom.

Officially, it's known as One Day at a Time — a residential faith-based drug rehabilitation program and transition center in Calhoun County that outraged neighbors six months ago when it decided to open its door to sex offenders.

One Day at a Time is now being investigated by the Alabama Board of Pardons and Paroles.

The center houses about 18 men in two mobile homes in a community just beyond the Anniston city limits, off Morrisville Road, near the Calhoun County landfill and the Anniston Army Depot's chemical weapons incinerator. The Calhoun County Sheriff's Office believes at least 15 registered sex offenders live at the center now.

Although One Day at a Time is not certified by the state, it is the only program of its kind in the area, and has given judges and the Alabama Board of Pardons and Paroles a much-needed place to send drug addicts and sex offenders who have been released from prison.

At the same time, its proximity to families with young children has led to growing fear and anger in the surrounding community, which peaked in late July when one of the program's sex offenders allegedly raped a 64-year-old woman who lives in a mobile home nearby.

A week later, the woman, whose name is being withheld in accordance with The Star's policy regarding victims and suspects of sex crimes, still bore the cuts and bruises from the alleged attack. On her fingers and hands, raw spots had begun to scab where she said the attacker had tried to "suck at my skin."

"It was horrible," she said. "My husband died and I have no money. If I could, I would leave."

Four families in a neighboring mobile home park have broken their leases and moved away since the sex offenders moved in, said the property owner, Donnie Coker.

"You know I worked my whole life to try to have something," Coker said. "And I try to keep my stuff up — and then they go and do this, and they run all my people off."

Neighbors who never before locked their doors say they now keep the deadbolt flipped. Blinds that were left open have decidedly been turned down.

"This is hell road," said James White, who lives down the street from the center with his wife and four teenage children. "We put up with the landfill, the incinerator, and now we have (sex offenders). This is a one-way street."

But local law enforcement officials say the program is operating legally under Alabama's 2005 Community Notification Act, which states that registered sex offenders cannot live or work within 2,000 feet of any school or childcare facility.

In Calhoun County, it is one of the few places where sex offenders can reside under the state-mandated living restrictions, and it's the only sex offender/drug rehab center of its kind, said Henry Guiette, an officer with the Alabama Board of Pardons and Paroles office in Anniston.

Alabama law requires that sex offenders provide living and working plans that meet the Community Notification Act requirements before they are released from prison on parole. Sex offenders who reach the end of their sentences will be sent to a county jail until they provide such living plans.

Lavon Horton, a 61-year-old registered sex offender who lives at the center, said that after being granted parole he remained in jail about two years before he found a place to live.

"My freedom; that's what (the center) means to me," Horton said recently as he cleaned a chair outside one of the mobile homes.

Benjamin Collins, a 47-year-old registered sex offender who lives at the center, also remained incarcerated for about two years before he heard about One Day at a Time.

"For me, it was really because I had no place else to go," he said.

Both Horton and Collins were serving sentences for other non-sex-related crimes when they were released on parole.

Their experiences are not uncommon for sex offenders trying to re-enter society.

Guiette said sex offenders have come to him with multiple living arrangements crossed off their lists as unsuitable, with One Day at a Time the only remaining possibility. Sex offenders have come to One Day at a Time from all over Alabama, including from Jefferson, Montgomery and Mobile counties.

"Word of the program spread like wildfire in the prison system," said Tanya Thomas, another officer with the Alabama Board of Pardons and Paroles office in Anniston.

The Pardons and Paroles Board operates one transition center for men in Thomasville. That center provides counseling and vocational training for men who recently have been released from prison. But sex offenders can't attend because the 300-bed facility is too close to a school.

Many sex offenders just getting out of prison have no money and no support, Guiette said. Limited resources, combined with the strict laws about where they can live and work, often hinder their ability to reintegrate into society.

"They have to go back (into society)," said Guiette, who has a number of parolees living at One Day at a Time. "They can't stay in prison."

In the wake of the alleged rape, however, State Rep. Randy Wood said he planned to discuss One Day at a Time with other representatives from Calhoun County. Wood said they might consider passing legislation similar to the bill the Legislature passed in June, which made it illegal for multiple sex offenders to live under one roof in Birmingham.

But for now, local law enforcement officials say they cannot legally shut down One Day at a Time.

"This is all we have," Guiette said. "It serves a purpose, as unsavory as that may be,"

Challenges & barriers

The Calhoun County Sheriff's Office first became aware of Vicki Benefield's drug rehabilitation program about two to three years ago, said Chief Deputy Matthew Wade.

In an Aug. 1 interview, Benefield said she expanded the program to include sex offenders because, as the former wife of a sex offender, she understood the challenges and barriers they face.

"I wanted to help those who were less fortunate than he was," Benefield said. "Some of these people have no family and no support."

The program is licensed as a business through the county and city, and claims to adhere to a "12 steps with Jesus" approach, similar to Alcoholics Anonymous.

The program's office is in a mobile home up the road from a double-wide mobile home that both serves as the center's meeting room and houses the program's sex offenders.

Those who are not registered sex offenders live in a single-wide mobile home next door to where the sex offenders stay.

The men share bedrooms, with two to six beds per room. They also share a kitchen. There is one bathroom in each mobile home.

"On face value, it looks like a suitable place to live," said Guiette.

The program lasts a year unless a court specifies another length of time, Benefield said. The offenders pay One Day at a Time $350 a month for room and board.

Benefield's former husband, Faron Benefield, employs some of the men through his moving service. Others have been hired out to businesses in the community, Guiette said.

"A lot of time, they are not able to find jobs on their own," he said. "Any job, even if it is minimum wage, is better than no job."

Registered sex offender Don Fletcher, 52, who attends One Day at a Time, said he was relieved to find the program but knows that the rape accusation against one of his fellow residents will make the situation harder.

"All I want is a chance to prove to society that I am a good man," Fletcher said.

Police found and arrested the suspect in connection with the alleged rape in late July.

The suspect had been convicted of raping an adult female in Jefferson County in 1992. He is now in the Calhoun County Jail with his bond set at $150,000. His court date has been scheduled for Sept. 7.

Prior to the alleged rape, the suspect had been one of the more difficult people in the program, Benefield said.

Officer Guiette said he has increased his surveillance of the center since the alleged attack. He already visits the mobile homes at least once a week, compared with the monthly visits he pays his other parolees.

"We are trying to supervise the sex offenders as best we can," he said. "But I don't have an answer for people in the community."


Sex offender regulations vary nationwide

• About 1.5 million people are in state and federal prisons throughout the country. Convicted sex offenders make up 10 to 30 percent of that total.

• Nearly half of released sex offenders were rearrested for at least one new crime, well over one-third were returned to prison within three years

• A vast majority of sex offender prison returns were not because of sex crimes

• Only 3.5 percent of sex offenders were reconvicted of another sex crime within 3 years of being released from prison

• Cognitive-behavioral sex offender treatment programs can reduce recidivism by 15 to 30 percent

Snapshot look at Vermont

• Operates a treatment program for sexual abusers

• In prison, treatment services are tailored to high, moderate, and low risk offenders

• In the community, 11 sites throughout the state provide varied levels of treatment for sex offenders released from prison

• The prison and community programs fall under a single, coordinated program to ensure consistency and quality

• If sex offender has no post-release support the correctional and treatment staff gather a team of trained volunteers together on the offender's behalf

• All treatment providers meet monthly to coordinate management cases

Snapshot look at Texas

• Specialized sex offender treatment program within the prison system

• Divided into high risk and low risk sex offenders in prison

• Final phase of program in prison focuses on community reintegration

• Parole supervision intensity is set after establishing the risk level of the sex offender

• Specialized caseloads have a reduced offender to officer ratio

• Parole officers are specially trained on how to supervise sex offenders

• Close collaboration between the parole officers, treatment providers, and polygraph examiners.

— Information gathered from a February 2007 report called Managing the Challenges of Sex Offender Reentry, by the Center for Sex Offender Management, a project of the U.S. Department of Justice


Faith-based rehab programs exempt from certification

08-15-2007

The Alabama Board of Pardons and Paroles is investigating One Day at a Time — a faith-based drug rehabilitation program and sex offender transition center in Calhoun County — following continued community complaints, press coverage, and the alleged July rape of a 64-year-old woman by a sex offender in the program.

State consumer advocates have also identified the center as one of about 50 uncertified drug rehabilitation programs in Alabama that need to be checked by the Department of Mental Health and Mental Retardation, the state agency responsible for drug rehab certification.

"They have really good intentions," said Bryant Petty, a former enrollee in the center's drug rehab program. "But that's about all."

Petty left One Day at a Time in July, after two months in the program, because he said he was not receiving adequate recovery services.

"There was just no recovery (there), none whatsoever," he said.

In Alabama, faith-based drug rehab programs that offer purely spiritual counseling and faith-based instruction are exempt from state certification.

One Day at a Time houses a faith-based drug-rehab program and a transition center for sex offenders in two trailers in a mobile home park off of Morrisville Road. Some of the center's residents are enrolled in both programs.

"We have to accept that what they (One Day at a Time) are doing is appropriate," said Henry Guiette, an officer with the Alabama Board of Pardons and Paroles office in Anniston.

The Sheriff's Office ensures that the center is in a suitably remote location in accordance with the state's sex-offender law, and parole officers visit the facility to check on the living conditions and work status.

Though the state has funneled a number of sex offenders and violent offenders into One Day at a Time, the integrity and legitimacy of the program has never been thoroughly checked.

"There are no enforcement standards," Guiette said. "If you want to open one and start today, you can."

The Alabama Department of Mental Health and Mental Retardation technically handles the certification of drug-rehabilitation programs, but the historically under-funded department has been unable to keep up with the growing number of uncertified rehab programs in the state, said Kent Hunt, associate commissioner for substance abuse services with the department.

Certification establishes minimum living and accommodation standards and usually ensures that a program's services are being administered by qualified, professional staff.

"We are mandated to certify, but we've never had the manpower to carry that out," Hunt said. "Just now, it's beginning to be a real problem."

Rusty Bagley, who is a pastor and counselor at Word Alive church in Oxford, said he believes One Day at a Time is not administering faith-based counseling as it claims.

In an interview on Aug. 1, One Day at a Time director Vicki Benefield said her program's enrollees attend the Word Alive church every Tuesday and Friday to receive counseling, to worship and to socialize.

But Bagley said the people enrolled in One Day at a Time have only been to the church twice in eight months.

"We know what is going on over there, and (the people in the program) are not being watched," he said.

In an Aug. 7 e-mail obtained by The Star, Calhoun County Sheriff Larry Amerson notified the Department of Corrections that his office also has "great concerns" about One Day at a Time.

Amerson went on to write that the Sheriff's Office had received calls in the past about enrollees becoming drunk and disorderly.

"In my opinion," wrote Amerson, "that facility is not an acceptable location and I request that it not be an approved address."

Amerson confirmed this week he sent the email.

Tanya Thomas, an officer with the Alabama Board of Pardons and Paroles in Anniston, agreed there is not enough regulation at One Day at a Time.

Along with officer Guiette, Thomas is the only other officer in Anniston with parolees at One Day at a Time.

"They don't have any structure out there or counseling," said Thomas.

Around the end of June, Thomas said she approved the site because "everything seemed fine." Now, after recent visits, Thomas said she would not recommend One Day at a Time.

"You really don't know until you get people out there," Thomas said on Tuesday.

Program director Vicki Benefield refused to speak with The Star following the Aug. 1 interview.

Reality & responsibility

In response to concerns from advocates across Alabama, the state recently increased its efforts to bring uncertified programs into compliance, said John Ziegler, public information officer for the Alabama Department of Mental Health and Mental Retardation.

While state certification would mean more monitoring of One Day at a Time, it would not alleviate the tension in the community over having sex offenders as neighbors.

State Rep. Randy Wood, a Republican for Calhoun and St. Clair counties, said the area's legislative delegation hopes to address that issue within the next two weeks.

"I think we need to come up with legislation that would limit one per household," he said. "Let's just get them away first and then let's address the problem."

But Tuscaloosa County Public Defender Bobby Wooldridge said he sees that approach as reactionary and counterproductive.

"Alabama is big on talking, but we don't deal with the problems very well," he said. "It sounds good for a politician to say it, and people will listen because they are scared."

All over the country, cities, counties, and states are grappling with how to reintegrate sex offenders into communities. The reaction has largely been to place more restrictions on where sex offenders can live and work.

Under Alabama law, sex offenders cannot live or work within 2,000 feet of a school or childcare facility.

But several national studies, suggest residency restrictions may not be the best solution.

According to a report by the Center for Sex Offender Management, which is a project of the U.S. Department of Justice, residency restrictions can actually jeopardize public safety by increasing sex offender "housing and employment instability, loss of community supports, and increased hostility and resentment."

"In reality," the report states, "shared residency options for sex offenders and the proximity of sex offenders' residences to school and parks do not appear to be linked to incidents of new sex crimes in the community."

The report further emphasized that intensive supervision, when coupled with treatment-oriented or rehabilitation-focused programs, seemed to lower recidivism rates among sex offenders, in contrast with just using supervision alone.

"We need places where sex offenders can come out (of jail) in a structured environment," Wooldridge said. "Where they can live legally and get jobs."