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Wrongful Sex Offender Violation-HELP!

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serafine

Junior Member
What is the name of your state?
California (Sacramento) I will try posting this in two places (I am unfamiliar with this Forum, so please forgive any etiquette mistakes).

My 26 yr old son served his time for a 288a (committed at age 18) and has dealt as best he can with all the repercussions of Prop 83. After months of searching for an approved (by his parole agent) residence that would be compliant with the law for maintaining a 2000' distance from schools or parks, we found an apartment complex that met with the PO's approval. With family assistance, my son moved in 01/08. The PO dropped in several times over the last 3 months. My son has been compliant with all the restrictions, has been searching daily for a job, regularly attends AA meetings and DUI school. He was attending counseling out of town with a reverend of my church , who then set up phone counseling sessions after my son was forced to have the GPS monitor put on. He spends time with his 11 month son and his 6 yr old son, and with family members. My son is now being forced to attend a parole violation hearing today for living at the apartment complex his parole agent approved in Dec. 07. Less than 48 hrs ago and out of the blue, the agent called my son and told him he had to leave by that night. It seems the agent "just noticed" (his words) a small grassy area that divides the complex in half, that qualifies as a "park" (In a frantic search, I did find it listed under public park areas on the internet). He was told he could not stay with his father, who lives too close to a school, even for overnight because "that would be out of compliance". He was told he could stay in a boarding house, but was not offered any money to do so. Panicing and not knowing what to do, my son ended up staying in his apartment until he could get his wits about him and seek assistance (I live 90 minutes away). He spoke with a CalPat Legal rep yesterday who assists parolees who have been rearrested. Even though my son is not in custody, the legal rep was interested enough in this situation to call my son 3 times getting information, and has been discussing it with his colleagues. He felt my son has definite grounds here (is it unreasonable of me to completely agree???). He also said he would call him today, if he does, hopefully he will have some suggestions. In the meantime the agent called my son late yesterday afternoon to say he was on his way with the parole violation paperwork to be signed, and directed my son to be at a parole violator hearing today at 2:00. This is madness! My son vented to this guy, but he had very, very little to say. I think the guy has screwed up and is covering himself, as this "violation" was created by the agent himself! He also told him he must leave, and must register a new address by today, and once again, cannot ever stay the night at his father's home. My son went to his estranged wife's home (his previous residence) for the night. I signed a 6 month lease for my son, and have been assisting him financially while he looks for work. We spent weekends bringing things from garage sales and from family members to help him make a home for himself, he has been so proud of his "space". There will now be penalties for breaking a lease, along with the seemingly impossible task of finding another residence that is in compliance! What does he do in the meantime? Is there any recourse for him? By the way, there is another reg. sex offender (and his family) in the same complex; that gentleman hasn't rec'd notice of having to leave and states he will sue if told to move. I keep thinking the fall-out from Prop 83 will be sorted out and resolved in a more sane manner; this is blatant disregard for another human being and his family. ANY suggestions would be greatly appreciated. I tried to post this late last night and in advertantly lost the whole message...I gave up and went to bed. Thank you and God Bless.
 
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FlyingRon

Senior Member
OK, two "etiquette" suggestions: Post each question only once. Paragraphs are your friend.
This board does have private message facility (which will forward to the email). You can click the edit button on your post to remove them.

There's probably not much you can do that you haven't done prior to the hearing. Obviously, you make the point that this was not an intentional violation and point out the previous approval of the probation officer. However expect that while he may be covering his ass, he may also be required to report the transgression even if he caused it. Hopefully the hearing officer will not sustain this violation. However, your son does need to expeditiously find another place to live that is compliant with prop 83. I know it's rough, especially in urban areas.
 
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CdwJava

Senior Member
I suspect that it will not be too long before either the legislature or the courts modifies that new law. Depending on how things are classified, it effectively puts parolees with sex offender histories into the impossible position of having nowhere to live.

For instance, in my city (admittedly, we're small, but, still ...) there is almost NO PLACE within the city limits that is NOT within 2,000' of a school or park. In fact, I think we identified about 3 or 4 one-block stretches that might not be within the 2000' distance. I have no love for sex offenders, and little for parolees, but this law is ridiculous and virtually guarantees a violation will be found.

I wish your son luck, and I hope he stays with his program and holds true to reform. Sex offenders are among the most likely to re-offend, so he has his work cut out for him ... hopefully he will succeed. But, while I am always hopeful, I remain skeptical.

- Carl
 

yuri2120

Junior Member
I wish your son luck, and I hope he stays with his program and holds true to reform. Sex offenders are among the most likely to re-offend, so he has his work cut out for him ... hopefully he will succeed. But, while I am always hopeful, I remain skeptical.

- Carl
_Sex offenders are by far less likely to re-offend than drug or alcohol offenders and yet crack heads do not have any stringent or demeaning rules laid on them as to where they can live. and sex offender therapy involves penile response test, Hell even lie detectors and aversion therapy in addition to a minimum of one year of said therapies there is an average of 1-2 years of follow up counseling MANDATORY then lets never forget that beauty of a sex offenders registry. I don't know the details of your sons case, but I am confident that your son can accomplish every thing he needs to if he can get out of California which is among the hardest on sex crimes. they have interstate compacts and the like which would allow him to move to a state thats a little less paranoid about who their neighbors are.
Best of luck and best wishes
 

CdwJava

Senior Member
Sex offenders are by far less likely to re-offend than drug or alcohol offenders and yet crack heads do not have any stringent or demeaning rules laid on them as to where they can live.
Let's see ... hmmm ... which is a more vicious offender ... hmmm ...

Also, in CA, drug abusers also have to register with the state. But, drug users don't rape or molest people so society - rightly so - does not see them as on the same tier of threat as sex offenders.

One of the reasons sex offenders might have a lower recidivism rate is that there are fewer opportunities to get away with the crime. A drug offender can easily re-offend. And, of course, sex offenders are some four times more likely than non-sex offenders to commit a sex offense after release. I'm less concerned about a guy snorting cocaine at home than I am about a pedophile luring a child into his home.

It's a matter of priorities.

I do not agree with some of the side effects of this residential requirement since it effectively makes it impossible for an offender of any stripe to live in most cities - certainly not mine. While I don't really have a problem with it, personally, I do feel that it is draconian.

- Carl
 

taro

Member
the problem with the sex offenders list is it conjures up images of drooling pedophiles when people get put on it for the silliest reasons like skinny dipping, one guy was put on it for shoving a child who ran in front of his car. A mother was placed on the list because she let her teenage daughters boyfriend live in her house. And the number one stupid reason is teenagers having sex with other teenagers

http://freestudents.blogspot.com/2007/12/sex-offender-lists-make-reoffending.html
 

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