Overreach on SB1230/HB1235

A recent editorial in a national newspaper reflected that hurt people hurt people.  The identification of at-risk offenders and, more importantly, at-risk victims requires real work.  Bills advancing rapidly in the Florida Legislature with virtually no debate highlights that this is not the focus this session.   Many bills are being pushed forward addressing a range of offenses of a

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 New Grooming Legislation:  What could possibly go wrong

New legislation always faces the challenge of being specific enough when defining the target that is being sought with restrictions or sanctions.  There is no justice in casting a big net hoping it catches the right activity or individuals.   Creating a series of unintended consequences or injustices is a caution.   The attached article from Reason describes how one

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WAR:  Voters Repeal Ordinance Limiting Sex Offenders

Women Against the Registry (WAR) has published an article describing a successful legal challenge to a proximity ordinance in Windsor Locks, CT.     A person forced to register (PFR) filed a civil rights challenge to the town’s ordinance prohibiting him and others from being within the proximity of public services.  His suit claimed he had a constitutional right to access

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Sentencing Project:  No More Victims of Crimes of a Sexual Nature

The Sentencing Project has released a report indicating that when it comes to crimes of a sexual nature, the criminal justice system has the wrong focus.  The research shows efforts are focused on increasing punishment and dedicating more resources to managing offenders of a crime of a sexual nature, while the prevention of new crimes remains a desert of attention,

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Can registering as a sex offender in Florida be delayed until completion of probation?

In State v Croce, the defendant successfully argued in a lower court that FS (Florida Statutes) 943.0435(4)(h) and (9) did not require the individual to register as a sex offender until the completion of their probation.  And, the 2nd District Court of Appeals agreed.     Mr. Croce failed to register an instant messaging device which is an obligation in 943.0435(4)(e).

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New Florida based study amplifies low recidivism rates for sexual offenses

Data4Change, Inc has completed a recidivism study of first time offenders in Florida.  Using Florida Department of Corrections data (current to 12/31/23), major offenses are broken out by re-offense; those not re-offending; by technical probation violations and new offenses un-related to original crimes.   In Florida, first time offenders since 2020 only report a 1% recidivism rate for a new

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AMENDED CALL TO ACTION #2 FOR SB 1230 AND HB 1235

For the Senate Appropriations Committee on Criminal and Civil Justice (SB 1230) and the House Judiciary Committee (HB 1235)   WE LEARNED THIS MORNING (JANUARY 30) THAT HB 1235 WAS MOVED OUT OF THE HOUSE JUSTICE APPROPRIATIONS SUBCOMMITTEE (NOT BEING VOTED ON) AND HAS GONE STRAIGHT TO THE HOUSE JUDICIARY COMMITTEE.  THIS CALL TO ACTION HAS BEEN AMENDED TO INCLUDE

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