NY: State’s highest court to hear oral arguments on continued detention of former sex offenders after release
Three individuals formerly convicted of sex offenses are challenging their continued confinement in a “residential treatment facility” (a prison-like confinement) because they could not find housing that was compliant with the state’s 1000 foot residency restrictions. From the Court’s summary of the case: The three challenge their indefinite detention in prison or prison-based residential treatment facilities (RTFs) after their prison terms expired or they were granted parole. All three offenders were subject to post-release supervision (PRS) and were held past their release dates by the Department of Corrections and Community Supervision (DOCCS) when they were unable to find housing that complied with the Sexual Assault Reform Act (SARA), which bars certain sex offenders from residing within 1,000 feet of any school grounds (Executive Law § 259-c[14]). DOCCS relied on Correction Law §73(10), which authorizes it “to use any residential treatment facility as a residence for persons who are on community supervision.”
Oral arguments begin at 2PM today in Albany. Oral arguments can be watched here: http://www.nycourts.gov/ctapps/live.html
So, Held against their will AFTER they complete their prison sentences!?!?!?!?. BUT, The Registry is NOT considered PUNISHMENT??????????. WTF?????. This crap is just getting outta hand!! The more we let them beat us down, The more they’re going to Beat us!!!! It’s (Past) time to start standing up against this ILLEGAL CRAP!!! At almost 1 MILLION on the “Hit List” and then counting their families, That’s at least 3 – 5 MILLION people (Soldiers) that we have to start fighting back!! All this “Stating in the shadows” and “Not putting ourselves in the spotlight” isn’t doing anything but ALLOWING laws to be passed that continue to DESTROY MILLIONS OF LIVES!!. I say “We” start Protesting like everyone else!! Because according to everyone that is protesting,,,, ALL LIVES MATTER!!!! And ALL lives include “People required /Forced to register”!!!!!.. At 50 years old, I’m tired of eating crap!! Everyone already knows about us!?!?!?. Very few people don’t “Know” about us being “On the Registry”, So why stay silent!?!!!?!???!?. Silence only allows us to be mistreated for life!!!
I read an old case (late 70s or early 80s, I think) somewhere where a court held that continued confinement after a sentence is served doesn’t count as civil just because it’s done under the guise of “treatment.” I think it’s over at SOSEN. But I’d bet most courts that have addressed it since have somehow found it doesn’t apply to registrants.
Current civil commitment laws only go back to Washington’s law in 1990.
Older civil commitment laws were in the 1930-60s. Older civil commitment laws let pretty much everybody out after no more than 3 years. It wasn’t a life sentence like civil commitment is today.
Not sure why there would have been a civil commitment case in the 70s or 80s. Those were the 2 decades in between the “first wave” and “second wave” sex offender civil commitment laws. And there was a much better argument for the earlier civil commitment statutes being “treatment” than the current civil commitment statutes, since people were actually released under the earlier laws.
Yes, I could inform you that this is a horrible situation that is happening. There are many RTF being held infacilities across New York State and many are in these Residential Treatment Facilities against their will and the facilities even violate its own rules and regulations and mandates regarding how a Person Force to Register is suppose to be allowed. They are suppose to be allowed to leave the facility to find housing, obtain employment and maintain family and friends. THAT DOES NOT OCCUR. The residents sit in a dorm — all day– they cannot work, participate in many activities and many of the inmates and officers KNOW who they are.
Many petitions have been sent to court under Article 78 and/or 1983 and many have been denied. The judges usually side with the correctional facilities because it is encoded into law and statutes that state if that offender does not have an approved residence before and upon release, the facilities can hold them while serving post release supervision.(PRS) PRS is another sentence that usually starts upon and inmates release form prison, EVEN IF THAT INMATE serves his entire prison sentence.(Which is wrong because prs issuppose to start at the conditional release date or mostly 85% of time served.)
PRS can last up to 20 years, and it runs while a person is in the RTF (yes, many have spent up to several years in an RTF, some were violated while in RTF and it also goes for any person who is out on parole and violates his parole – he/she will serve his prison time and then towards the end be placed in RTF status or go to a RTF. Which means that person can be in prison for 20 years longer past his release date and still have 15% if his prison term left). A person can be violated while in RTF and many have been violated. Yes, parole will lock them up, send them to county jail, hold an administrative hearing, find that person guilty and have them sent back to prison, and have that person lose everything they owned because they are “starting over” through the prison process again.
Parole drags its feet in finding apartments/residence for residence and do not care. A judge has caught one parole department actively not doing its job in finding approved residences and catching them in lies when parole has placed on the documents that they conducted housing checks and have found nothing or made excuses as to why that person ‘s suggested residence should be denied.
If a parolee in that situation ever does make it out, they are handcuffed and shackled and transported to the parole office as their is an issue of them being released from prison on their own free will.
One place that is spearheading the lawsuit is FISHKILL prison. Offenders their are housed with the regular population and they even have one dorm dedicated to rtf. Some officer willfully rat out the offenders to others. One officer, as reported to me, lined up all of his inmates in a dorm and made a speech regarding sex offenders and how the regular inmates should do something about them. (PFR were then robbed, or assaulted, or forced to leave). In the RTF dorm itself is in violation of its own laws because it is in a school zone and they do not let its residents leave to go on the outside for anything. In fact, they wear prison uniforms, get treated like a prisoner, have no rights and are subjected to not only prison rules, but to PAROLE rules as well.
It is how they wrote the rules and laws that has a serious collateral consequence and NO ONE GIVES A DAMN.
I can go on but you get the picture.