Thursday, December 20, 2012

Sex Offender Registration Requirements to be Challenged


RSOL, Post Office Box 36123 

Albuquerque, NM 87176

www.reformsexoffenderlaws.org

 

December 20, 2012
FOR IMMEDIATE RELEASE

Contact: Larry Neely
RSOL Legal Committee
202-709-3890.
 
Reform Sex Offender Laws Inc. (RSOL) plans to soon challenge sections of Senate Bill 1183 (Pennsylvania’s new sex offender registration requirements) on multiple constitutional grounds.

Today marks the beginning of enforcement of a controversial new state law that purports to protect citizens from registered sex offenders. RSOL’s executive director Brenda Jones stated, “It is disappointing that Pennsylvania’s lawmakers chose to ignore the lessons learned when Ohio proceeded down this same disastrous path more than five years ago.” Ohio was the first state to be deemed AWA complaint, but the courts subsequently have found several aspects of Ohio’s new law unconstitutional. After expending millions of taxpayer dollars defending an unconstitutional law, Ohio was forced  to revert back to the old registration system for those sentenced prior to the new law’s enactment.

Jones stated that provisions of Pennsylvania’s new law “transform what is supposed to be a non-punitive, civil regulatory measure into a form of lifetime probationary supervision for most persons on the registry,” which RSOL believes to be blatantly unconstitutional. “And further,” she continues, “all individuals on Pennsylvania’s registry will see their registration periods dramatically increase, with the majority becoming life-timers. This,” she emphasized, “is a violation of the ex post facto clause.”

Jones stated that although the new law was touted by its supporters as necessary to bring Pennsylvania into compliance with the federal Adam Walsh Act (AWA), “It does little if anything to improve public safety, and any marginal benefit achieved is at the expense of trampling over our most cherished constitutional protections.”

Jones concluded her remarks by saying, “It is most unfortunate that RSOL must undertake such a challenge, but make no mistake about it; we cannot and will not stand by while public policymakers shred the constitution and disregard their oaths of office.”


RSOL promotes the elimination of sexual abuse and the preservation of civil rights for all individuals through the use of effective legislation based on empirical research. We envision sexual offense laws based on equal justice and respect for the dignity of all people, protection from retroactively applied punishment, and the establishment of fact-based laws and policies which protect our communities.
 
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Friday, December 14, 2012

Certain Sex Offenders -and- Small Business Lending Fund (SBLF)

QUESTION:

QUESTION: What is meant by the references to "Sex Offender" in the GAO document "SMALL BUSINESS LENDING: Opportunities Exist to Improve Performance Reporting of Treasury’s Programs" released Dec 2012? Page-10 of this document says:
As mandated by the act, Treasury requires each SBLF participant to submit two annual certifications:
(1) Any businesses receiving a loan from an SBLF participant using SBLF funds must certify to the institution that the principals of the business have not been convicted of a sex offense against a minor. Under the Securities Purchase Agreement, annually until redemption, the SBLF participant is required to provide the certifications to Treasury that businesses receiving loans from the bank have certified that their principals have not been convicted of a sex offense against a minor.

(2) Each SBLF participant must certify that it is in compliance with the requirements of the Customer Identification Program, which is intended to enable the bank to form a reasonable belief that it knows the true identity of each customer.

ANSWER: When a Small Business applies for a SBA Loan at a local bank, they must complete certain application forms. One of those forms now is a form to certify that, none of the PRINCIPALS (Owners) of that business has been previously convicted of a sex offense against a minor as defined in the Adam Walsh Act (42 USC 16911). In addition, those owners, until the loan is paid back, must ANNUALLY sign that form, to prove no sex offense against a minor has occurred in the past year.

In the last Congress (111th) they passed a bill which added that requirement to Small Business Loans. If you want to read more about what happened BACK then use these two links: HERE and HERE you should be able to get the gist of what Congress did back then.

Definitions:
Minor in AWA: A person under 18;

Read 42 USC 16911 HERE it is quite long.

Small Business Lending Fund (SBLF)



New website for Self Employment Assistance Center


Saturday, December 8, 2012

New app checks friend requests for registered sex offenders. Really?

QUESTION:

12-7: The only way this App can check w/the NASOR Registry is if they has a contract w/the US DOJ. See the Kids Act. Do they?

UPDATE 12-8: They are NOT checking to NASOR as they claim.

See their FAQ: "How Current is Your Data? The data hosted on our site is compiled from many thousands of different public record sources. From government agencies to local and state offices & court houses, opt-in databases, and other public data. Due to the large scope of sources, we are limited to when those entities release updates. However because they do not release updates all at the same time, we are constantly updating our databases individually." This immediately brings into question those "thousands of different public record sources.

AND they charge for searches: "Is there any membership or monthly fees? No, none! You are only charged for the searches you run.

How can I pay for your searches?
We offer two options when it comes to paying for your searches. You can pay as you go, and only pay for a search when you do a search, or you can purchase credits.

Why would I decide to purchase credits?
We have created a credit system so that users who intend to do multiple searches can pre-purchase credits at a discounted rate and to streamline your user experience.


12-7-2012 National:

Who’s asking to be your friend on Facebook?

It’s a concern for many people who use the popular social media website. It’s a bigger fear for parents whose children communicate online.

The wide spread concern struck a chord for New York resident Joe Penora. He launched an Android app and mobile website in March called Friend Verifier.

The app allows Facebook users to cross check friend requests against the national sex offender registry.

The app is accessible on mobile phones, tablets and the XBOX 360.

While the app has received good reviews, it’s also been criticized for accuracy. Until recently, the app could only crosscheck names on the sex offender registry, which resulted in several false identifications.

This week, the app was re-launched with a color coded system, that uses birth dates and locations to verify accuracy.

“You just click on that person’s name and you can see their sex offender information,” Penora says.

Ross Garrett, co-founder of Mobelux.com, a Richmond based company that creates apps, says users should still use caution.

“You could get accurate information, you might not get accurate information, that’s the gamble you take.” Garrett says.

Garrett says Apple is more selective than Android when approving apps. He recommends that users confirm their findings by checking government websites or individual state sex offender registries.

“Do research yourself,” Garrett advises.

Penora says 98% of the feedback he’s received from Friend Verifier users has been positive

A request to Apple, so users can download the app on their iPhones, is currently being reviewed by the company. Apple receives 26,000 app submissions weekly.

Penora says he’s confident the app can provide families with an extra safeguard when it comes to accepting friends online. ..Source.. by WTVR.com