The Sad Consequences of Frivolous Legislation regarding Sex Offender Registration
Weekly Update #125
Dear Members and Advocates,
I’m worried about my memory. I’m starting to forget things and I imagine it will get worse as I get older. I’m not talking about the momentary lapses like calling my kid by my dog’s name or the innocent oversights, like forgetting to pick up my in-laws at the airport. Those are harmless. I’m worried about the more important things. The ‘I’m sorry doctor, I could have sworn my colonoscopy was next week’ or not using the free coffee coupon I’ve been carrying for weeks that expired on 11/30/2020 – wait… are we in December already?
As I sat down to write this week’s update, I went to remind myself of last week’s topic and realized I forgot to send an update last week. Sorry about that, I promise you it’s not intentional. it’s simply that time escapes all of us sometimes or the accumulation of information that occupies space in our brains forces something else out. Or, it might be that something critical came up that distracted us from our intended plans and despite all good intention, life happened.
If I forget to write a weekly update, I might disappoint a few members. If I forget to pay a bill, I might incur a late fee. And if I forget my anniversary, my wife will definitely be upset with me for a couple of days. But it happens. Occasionally people honestly overlook something they were supposed to do, which is why the phrase “I forgot” exists. As I get older, the number of times I find myself saying “I’m sorry I forgot to call you back”, “it completely slipped my mind”, or asking “what day is it today?” is increasing. When I think about some of my older relatives who can’t remember my name, let alone my birthday, I know that my memory will inevitably become worse in the coming years and decades.
Yesterday, I came across this story about a 69 year old Marion County man who was arrested for being 2 days late for registration. It’s not like he was months late, just two days (actually, the Marion County registration office is closed on Wednesdays, so technically he missed it by a day) . It’s also not like they had to hunt him down, he went into the office and told the detective he just forgot to register. His conviction was more than fifteen years ago and this was his first issue since. His record shows no re-offense, no other criminal history. But for forgetting to register and being one day late, he was charged with ‘Failure to Comply with Sex Offender Reporting Requirements’, a third degree felony and is facing five years in prison.
This isn’t the first time I’ve written about a situation such as this. I write about it because these are not one-offs. When I tell people who are entirely unfamiliar with the registry about this craziness they think I’m making it up. “Come on, that can’t happen”, they argue. No, this happens all the time. “He must have walked into the registration office with child porn or something”, they say. Not at all the case! If you’re an hour late to register something you have 48 hours to register, you can do 5 years in prison. “Oh, but nobody gets that amount of time, they probably will send him home with a fine”. No way, it’s a felony! Regardless of whether you intended to not show up or just forgot and missed a day, there’s actually a mandatory minimum sentence for this. And worse, by virtue of him being arrested for this pettiness, his opportunity to petition for removal is gone.
Everyone reading this is getting older. While I hope that all of us are as sharp and fit at age 90 as we are today, the reality is that most of us won’t be and nearly everyone on the registry will reach a point where they will physically or mentally be unable to comply with the pages of requirements that currently exist plus the additional ones they will undoubtedly try to add every year.
On several occasions we’ve called upon members to reach out to their legislators and point out situations such as this, and ask them to make provisions for individuals who are elderly or disabled or to remove the strict liability component from registration violations. Remind them that we all forget and if they can’t show some humanity and fix this problem, you have a lot of family members who will be forgetting to vote for them next election.
Finally, on a sad note, we received word that James Pesci passed away last week. Pesci was confined at the Florida Civil Commitment Center and for years had written a newsletter about the conditions at the FCCC (see this post about a lawsuit he brought). Among the things he wrote about, was the horrible medical care the “patients” received as they were involuntarily confined. One of the allegations in his complaint was that “FCCC’s medical staff caused a resident’s death.” We have been told that he died after an outbreak of COVID spread throughout the center. Rest in peace, James.
Sincerely,
The Florida Action Committee
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Reminders:
Dec 10 Thursday at 8:00pm ET / 7pm CT – New Member Orientation Call – phone 319-527-3487. If unable to connect, text “CALL ME” to same number to receive call back and be joined to the meeting.
Dec 12 – Saturday – 11:00 am to 1:00 pm.- Zoom session for family and loved ones only (no registered citizens) . RSVP for details to membership@floridaactioncommittee.org or text name to 904-452-8322.
Dec 17 Thursday- 7:00 pm ET – Fearless Group – Peer-led support group. Phone 727-731-2927. If unable to connect, text “CALL ME” to same number to receive call back and be joined to the meeting.
Jan 7 Thursday – 8:00pm ET – Monthly Membership Call. Topic: Truth About Stings – Guests: Kathleen Hambrick of C.A.G.E. (cage.fyi) and Peter Aiken, Criminal Defense Attorney. Phone 319-527-3487. If unable to connect, text “CALL ME” to same number to receive call back and be joined to the meeting.
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SOME HEADLINES FROM THE WEEK
MEMBER SUBMISSION: Experience during an address verification
I wanted to bring your attention to something new that I encountered last night after I did my bi annual check in. I received a call from a deputy sheriff who asked me to step outside. Knowing that I had just done all my normal check in I stepped out side and met him….
Michigan: Ready to go another round?
By now we should all be familiar with what’s taking place in Michigan. After having its registry declared unconstitutional all the way to the 6th Circuit (and then the Supreme Court, which denied Certiorari), the state’s legislators have been trying to craft…
11th Circuit Upholds Computer Ban on Person Serving Lifetime Probation
A Florida Man appealed a condition of his sentence that included a computer ban while he is on probation. He was sentenced to lifetime probation, which means he will never be able to use a computer. He argued that the condition was unconstitutional in light of the US…
Dr. Phil to feature Police ICAC proactive stings.
The Dr. Phil Show airing on CBS will air an episode featuring Sex Stings next Monday, December 7, 2020. The show will feature an FAC member whose son was targeted in one of these stings who has been fighting to expose them since. Also featured is Florida attorney.
So much for ADA, and this list is discriminatory against the elderly for this problem.
Just wanted to make everyone aware that there are 92 bills filed, at the time of this post, for the 2021 session. Some have already been referred to committees. Of course there are already several “sex offender” bills (~10) filed. One bill will remove the fines as an obligation so it can’t be used to avoid being put on the registry. Others are rehashed failed bills from last session such as removing statute of limitations on civil suits, ensuring aged registrants cannot get out of prison early, but physically or mentally incapacitated ones may be able to, etc.
https://flsenate.gov/Session/Bills/2021?chamber=both&searchOnlyCurrentVersion=True&isIncludeAmendments=False&isFirstReference=True&searchQuery=%22sexual%22&citationType=FL%20Statutes&pageNumber=1
Sad part is the state attorneys are going to want their “pound of flesh” I had a similar situation. Been out 20 years. A mm made my points attach from the original charge. How this isn’t double jeopardy and why you guys haven’t fought it I don’t know. I did an open plea instead of taking the 9 month in jail deal and received less than 3 years probation and no special conditions. The 2 hour hearing really I was on trial for the original offense 20 years prior not the petty violation that almost cost my wife her husband, my kids their dad and parent their son. Shit needs to end!
JZ:
Thank you for taking the time to research and post this. People post a lot of misinformation on this website. They start a lot of rumors that keep registrants confused. It is important to put out factually correct information because the registry profoundly affects registrant’s lives.
You’re welcome
FAC:
I am in my 60’s and am more than familiar with “memory lapses”. I think we have so much memory that our memory capacity is getting full or at least more memory to go through to find what we are looking for.
I am getting older now in my senior years. Many years have passed and having a family member on the registry is not easy. Prayers are said everyday, and I have learned to pray for the people who have put him there, and the ones who truly have helped us. As the years go by, I see how unjust the system is and how hard life can be for my family member. My husband and I continue to do all we can for him. Having a strong family bond, good friends, people of the Florida Action Committee and above all he who has created us. We thank you Florida Action Committee for all you do.
Janice