Showing posts with label GPS. Show all posts
Showing posts with label GPS. Show all posts

Monday, February 23, 2015

FL - PUBLIC ANNOUNCEMENT: THE RALLY IN TALLY

Advocates of sex offender registry reform will gather in a peaceful protest at the Florida State House in Tallahassee FL on April 22, 2015 during the annual Lauren Book's 'Walk In My Shoes' event. The Rally in Tally is a joint collaboration among civil rights activists; we seek to raise awareness of the sex offender law reform movement, provide educational material, and garner attention to our plights at a high-profile event that brings politicians, celebrity advocates, and the news media together.

The intent of the Rally in Tally is not to attack, dispute, or criticize the efforts of Lauren's Kids as it relates to raising awareness and the prevention of sexual abuse in America. However, we are taking a stand against the policies of the Lauren's Kids foundation in its efforts to promote and lobby for Florida's "scorched Earth" policies. Lauren Book and her powerful lobbyist father, Ron Book, have pushed a number of harmful policies under the Lauren's Kids banner, including tough residency restrictions that forced registered citizens in Miami-Dade County to sleep under bridges, in abandoned parking lots, and even along train tracks and warehouses. In the past year Lauren's Kids supported a law marking the state-issued ID cards of some registrants with a scarlet letter, creating "pocket parks" to expand exclusion zones against registrants, and is currently supporting a lifetime GPS bill for all registered persons. In addition, Lauren Book has referred to all registered citizens as "monsters," "incurable," a "clear and imminent danger," and "ticking time bombs."

We cannot make the Rally in Tally a success without you, our fellow activists. We need people willing to travel to Tallahassee to present the Book family, Florida Legislature and ill-informed public with a visual representation of the unconsidered consequences of hastily-devised legislation. Registered citizens, civil rights activist and registrant families are strongly encouraged to attend. Our hope is that anyone reading this will realize each person is needed at this rally to stand publicly for our rights. If you cannot attend the event, then we encourage you to support the rally movement by making a donation to assist in paying for supplies or sponsor someone who otherwise would not be able to participate.

Please send us an email at contact@womenagainstregistry.com for more information and to receive periodic updates about this exciting event!


Vicki Henry
Women Against Registry, President
202.630-0345
Fighting the Destruction of Families
Facebook: Women Against Registry
Follow us on Twitter: @WomenAgainstReg

Saturday, August 2, 2014

Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders

Ball & Chain
Original Article (PDF)

03/2014

By Erin Miller

Draconian restrictions on the activities and privacy of convicted sex offenders are a new, and troublesome, trend. In 1994 and 2006, following a national dialogue about crimes against children sparked by several high-profile incidents, Congress passed two laws requiring states to register and regulate sex offenders residing within their borders. States and municipalities soon caught on, and deepened restrictions. In the last five years alone, local governments have forbidden sex offenders to live within 2,000 feet of schools; “be” within 500 feet of parks or movie theaters; enter public libraries; drive buses or taxis; photograph or film minors; and use social networking websites like Facebook. Others have required sex offenders to advertise their status on driver’s licenses or social networking profiles; wear GPS bracelets at their own expense; notify local police when present in any county within the state for longer than ten days; provide notice to all new neighbors within a roughly quarter-mile radius when they move; and pay up to $100 annually to maintain sex offender registries. These burdens typically last for a decade or for life, depending on the jurisdiction and the type of crime committed.

Wednesday, July 9, 2014

CA - Sex-offender ordinance to be repealed

Unconstitutional
Original Article

07/06/2014

By CRAIG SHULTZ and DAYNA STRAEHLEY

Riverside County is poised to do away with an ordinance that sets rules on where sex offenders can live or visit in an effort to avoid a lawsuit.

The county established sex-offender residency and loitering prohibitions for unincorporated areas in 2010, but the Board of Supervisors gave preliminary approval last week to repeal the law because an appeal court has invalidated similar ordinances in other municipalities.

Hemet and Beaumont changed their ordinances recently for the same reason.

The county ordinance sets limits on where parolees could live and how close they could come to schools, parks and child care centers. The court said such laws are unnecessary because local ordinances regulating sex offenders are trumped by state law, a county report states.

County counsel insisted that the 2010 law be repealed because a legal group has been suing other counties that had passed similar ordinances, said Jeff Greene, chief of staff for Riverside County Supervisor Kevin Jeffries.

The courts have struck down every meaningful provision of our ordinance in other counties,” Greene said.

We asked if there was any of this that ought to be salvaged,” he said. The county counsel’s office insisted that there are still “good protections for families against sex offenders.”

State penal code provisions include a lifetime requirements for sex offenders to register with local law enforcement, prohibitions against entering any park where children gather and a prohibition against a sex offender living with other sex offenders or within 2,000 feet of a school or park.

The 2010 county ordinance prohibited sex offenders from being within 300 feet of a park, school or day care center Supervisors have not heard objections to the repeal of the ordinance from the sheriff or district attorney, Greene said.

The county ordinance came amid public furor over the prospect of a child rapist and killer, _____, being released to a Perris-area group home. _____ eventually was turned away from the facility. Two court rulings said parts of the ordinance were illegal.

In September 2012, the 4th District Court of Appeal’s ruling on a San Diego County case decided that blanket restrictions of Jessica’s Law were unconstitutional.

The law, named after Jessica Lunsford, a 9-year-old Florida girl who was the murder victim of a convicted sex offender who had failed to report his whereabouts, was approved by California voters in 2006 (Proposition 83).

It requires registered sex offenders who have been convicted of a felony sex offense to be monitored by GPS devices and includes a number of other provisions that increase the legal penalties for specified sex offenses.

The ruling does not prohibit the Department of Corrections from individually enforcing residency restrictions of the law in San Diego County, but disallowed blanket enforcement.

A different division of the same Court of Appeal issued a decision earlier this year invalidating ordinances in the city of Irvine and Orange County that prohibited sex offenders from entering public parks and recreational facilities.

The state Supreme Court in April denied Irvine’s request to review the decision, keeping the ruling in place.

Saturday, June 7, 2014

FL - Sex Offender Shuffle Continues

Every day we're shufflin'!
Every day we're shufflin'!
Original Article

06/06/2014

The colony of homeless sex offenders in Miami-Dade County is once again being moved… 100 yards to the east!

After several months of complaining that over 100 registrants were sent to live in his parking lot, the owner of Adolfo’s House Beauty Supply received the concession from local police, who evicted the approximately 133 registrants living transient at the corner of NW 71st Street and 36th Court on Wednesday night.

Registrants were told that they would no longer be able to stay there at night and would be subject to arrest for trespassing if they were found there the following night.

Yesterday morning, registrants began making frantic calls to their probation officers asking what to do. Most are on GPS monitoring devices and if they are not at that street corner, they would similarly be subject to arrest.

The Miami-Dade probation office’s solution was to move them one block over. 100 yards to the east, which is the street corner where they spent their night last night. Within the next 48 hours 133 registrants will be scrambling to get their drivers licenses updated, as required by law, to “transient at 71st and 35th” instead of “71st and 36th”, paying the $25 fee for the address change and jeopardizing their employment to get it done.

… until the Miami-Dade Sex Offender Shuffle moves them elsewhere.

Friday, April 11, 2014

CA - Sex offender wants parks proximity (Poll)

National City's Butterfly Park
National City's Butterfly Park
Original Article

There is also a poll available so please click the link above and take it.

04/10/2014

By Ashly McGlone

Grover Beach resident asserts rights for National City visit

A registered sex offender in San Luis Obispo County is suing cities across the state, claiming he has every right to go near schools and parks — and National City has become his latest target.

_____, 61, of Grover Beach, was convicted in 1979 of lewd and lascivious acts with a child under 14. His attorney, Janice Bellucci, says he has relatives in National City and wants to visit.

She sued the city in federal court last week over its ban on sex offenders being within 300 feet of a school, day care center, arcade, playground, park or amusement center.

Bellucci, president of the California chapter of the nonprofit Reform Sex Offender Laws, has warned more than 70 California cities, including Santee and La Mesa, that they could be sued if they don’t repeal their ordinances.

In response to her warnings, Costa Mesa and El Centro repealed their prohibitions, while Anaheim, Grand Terrace and South Pasadena have agreed to not enforce their rules for now, she said. Earlier this year, Bellucci sued Pomona and South Lake Tahoe as part of the same effort. She argues that the cities have passed sex offender regulations that go beyond what state law allows.

The National City Council passed the restrictions in 2005, and violators are subject to misdemeanor charges punishable by up to a year in jail or up to a $1,000 fine each day of the violation, or both.

In her lawsuit, Bellucci has asked the U.S. District Court to declare National City’s rules void — and to have the city pay her attorney’s fees, costs and expenses.

In two decisions on Jan. 10 involving other lawyers and clients, the 4th District Court of Appeal struck down rules enacted by Irvine and Orange County requiring sex offenders to obtain permission from local government officials before entering a city or county park.

The state intended to fully occupy the field of regulating registered sex offenders,” therefore the added rules conflict with state law and are void, the three-judge panel wrote in both decisions.

The Orange County District Attorney’s Office is seeking California Supreme Court review of the rulings.

National City Mayor Ron Morrison said city police were told to not enforce the city’s “innovative” ordinance after the Orange County decisions came down, but it would be premature to repeal the law before finding out if the Supreme Court will review the case.

The state regulates whether sex offenders can live near a park or school — or enter one. National City’s law goes further by creating a buffer zone and saying sex offenders cannot even go near such places.

Under California law, sex offenders could “wake up in the morning and walk a quarter of a mile and hang on the chain link fence at a nursery school,” Morrison said. “People expect us to do whatever we can to protect children...This was another tool in the tool box.”

In 2011, San Diego lost a legal challenge to its 2008 Child Protection Act on the same grounds, and removed its 300-foot buffer that was modeled after National City’s ordinance.

The lawsuit filed last week says that National City’s ordinance is overbroad and ends up blocking access to public transit locations and private businesses like grocery stores, restaurants, bars, nightclubs, doctor’s offices or hospitals, even where a sex offender would have “a legitimate purpose to visit, be employed and/or conduct commerce.”

The ordinance imposes numerous life-long restrictions within the boundaries of National City which significantly restrain the civil liberties of all persons required to register as a sex offender,” the lawsuit states.

Morrison, in his eighth year as mayor and 22nd year on the council, said, “If you are a registered predatory sex offender on children, I am sorry you don’t get all your rights. You don’t get unlimited rights.”

Jessica’s Law — passed by California voters in 2006 — prohibits sex offenders from residing within 2,000 feet of any school or park and requires lifetime satellite monitoring of felony registered sex offenders. It also made it a misdemeanor for a registered sex offender to enter any school building or school grounds without lawful business and written permission from the school’s chief administrator.

Chelsea’s Law passed by state legislators in 2010 prohibited sex offenders who serve jail time for offenses against children under 14 from entering parks without permission from their parole agent. Sex offenders must also follow a number of other rules outlined in the state’s Penal Code.

There are at least 68 registered sex offenders living in National City, according to the Megan’s Law online database.

Thursday, March 27, 2014

UK - Even the innocent should worry about sex offender apps

iPhone Apps
Original Article

03/26/2014

By Sharif Mowlabocus

The average citizen may not feel that they have anything to fear from the rise of apps that promise to identify sex offenders in their area but they are part of a worrying trend that should act as a warning about what happens when personal data is flattened out and sliced up into apparently user-friendly services.

Sex-offender-locator apps proudly boast that they can help users find sex offenders in their local area. But they aren’t, of course, actually detecting anything. US federal law mandates that every state must collect information on convicted sex offenders and make it available to the public online. Sex offender locator apps take this freely available data and repurpose it.

After loading the app on your phone, you are presented with a map of your surrounding area and an icon, such as the commonly used blue dot, to show your own position. As you move around your neighbourhood, the app tracks your movements and the blue dot moves accordingly. At the same time other dots or pins also appear on the screen. These are most often coloured red and indicate the address of a registered sex offender. Clicking on a pin opens a profile containing an image of the sex offender, some personal data such as their age, sex, ethnicity, date of birth and address, and a list of convictions together with the date of those convictions.

At first sight these applications seem helpful. Many parents would want to know if there was a sex offender living next door for understandable reasons. And since SORNA mandates that local police forces should notify communities when sex offenders convicted of more serious crimes move into their neighbourhood they aren’t necessarily providing much more information than users would receive without an app.

There is a crucial difference though. As well as informing residents, SORNA also mandates that crime prevention teams work with local communities to explain how to keep children safe, how to talk to them about stranger danger and sexual abuse and how to deal with having an offender living in the local vicinity.

It is this contextualisation that is notably absent from the sex offender identification apps that are currently available. It is always good to know who we are living next to but without further resources such knowledge becomes at best meaningless and, at worst, the root of paranoia and fear.

The mapping illusion

Reoffending rates for sex offenders are far lower than many other crimes but these apps don’t give you that information. They might provide you with a sex offender’s last known address but fail to tell you that an alarmingly high percentage of convicted sex offenders have no fixed abode.

And it’s important to note that even though SORNA is a national law, different states have drastically different rules for which crimes will land you on the sex offender register. Few would argue that a violent child rapist should be included but in some states, you can end up on the register for having consensual sex in a public place or even urinating in an alleyway.

Then there is the mapping of sex offenders. Maps are amazing things. They tell us where things are – most of the time, when they work. Google Maps is only as accurate as the last time it was updated. The same can be said for these applications.

Worse still, the SORNA mandated databases are, frankly, a mess. There is no funding to implement SORNA and as a result, the information contained in them is often out of date and sometimes incorrect.

The mapping techniques employed by sex offender apps are therefore doubly illusory. The live tracking of our own movements by these apps belies the inaccuracies of the databases and suggests that what we are seeing is up to date, perhaps even being provided in real time, when in fact it isn’t.

Mapping us all

You may not feel concerned about this. You may think that sex offenders deserve what they get. But the prospects of people being affected in the same way, even if they’ve never committed a crime, are on the horizon.

In the UK, for example, discussions are ongoing about making patient records and data held by the NHS available to third parties. It has not yet been decided how these third parties will use this data but already companies have been found to be offering mapping services based on the information.

You may have been depressed in your teenage years. You may have even contemplated suicide. You may now be living a healthy, happy life and have long forgotten those anxious adolescent years. But if you reported it, if you sought help or advice from the NHS, then that record is still there.

And when data becomes compressed by third parties, when it gets flattened out into one single data stream, your present and your past collide with potentially huge ramifications for your future.

When it comes to personal data – of any kind – we not only need to consider what it will be used for but how that data will be represented, and what such representation might mean for us and others.

Tuesday, February 25, 2014

WA - Problems plague GPS tracking of offenders

GPS Tracking
Original Article

02/24/2014

By CHRIS INGALLS

A Pierce County man had no trouble disabling the GPS tracking device that was bound to his ankle, even though it is supposed to send off an alert to law enforcement if it’s tampered with.

I got sick of this little bugger on my leg, it was beating my ankle into a bloody pulp,” said the 25 year old who asked to be called “Red.”

I’m not a tagged animal," he added.

Instead of jail time, Red was placed on electronic home monitoring, and a GPS bracelet fixed to his ankle, by the City of Fife police department. He said no one seemed to recognize his home detention “jail break,” even as he met with KING 5 in a city park more than a week after he removed the device.

Something just clicked in my head that I realized like, 'Why am I playing this game?'” Red said when he realized that the GPS device wasn’t working – or that jailers in Fife simply weren’t paying attention.

Red is not a hardcore criminal. He said his history includes drug- and alcohol-related crimes and theft charges.

However, the state of Washington also uses GPS tracking devices to keep a short leash on of some of the Department of Corrections' most dangerous ex-cons. Most of them are level three sex offenders, who are required to wear a GPS bracelet for at least 30 days after they leave prison.

A KING 5 investigation found that the DOC’s GPS system sends a stream of false alerts to community corrections officers and is prone to blind spots. It’s also manufactured by the same GPS company that was dumped last year by the State of California, reportedly for faulty and unreliable service.

It’s an additional tool that we’re able to use,” said Mac Pevey, who runs the program for the DOC.

He said GPS helps community corrections officers do the difficult job of keeping ex-cons in line when they’re getting their first taste of freedom after a prison term.

I think the system works really well,” said Pevey. “We’ve seen a lot of adherence to the program. We’ve gained a lot of compliance from offenders. It’s increased accountability for offenders.”

GPS software is supposed to allow a community corrections officer, more commonly known as a parole officer, to see where an offender is and whether the GPS signal is strong. It also sends email reports if there’s a problem.

But a high-profile case from last December shows some flaws in the system.

Sex offender _____ cut off four GPS bracelets in the months before he stole the Victoria Clipper from the Seattle waterfront, according to DOC records examined by KING 5. _____’s saga played almost like a comedy when it was reported that he’d removed his GPS bracelet and stole the ferry boat because he wanted to sail to Canada.

But there aren't many laughs in _____’s backstory. His mother said _____ was using methamphetamine and carrying a big knife while on GPS monitoring.

He sleeps here on the floor and he had a machete under his pillow, so I was getting concerned,” _____ said in her West Seattle apartment.

DOC records show _____ cut off at least four GPS bracelets. Other times he simply allowed his GPS battery die. Often, a few days would elapse before the DOC realized that _____ was un-tethered.

Somehow, we need to ensure we know about the lost or removed GPS units,” DOC Northwest Region Administration James Harms complained in a December 23 email after the Clipper theft.

We’re following up on that. I’m not sure where that’s at. I know that’s a continuing investigation,” said Pevey about _____’s successes at defeating his GPS device.

_____ was arrested for a disturbing incident after allowing his GPS battery to die. Three months before the Clipper theft, he was stopped by Seattle police officers near Boren and Union streets on Capitol Hill. _____ fit the description of a man who accosted a woman at a crosswalk. The man grabbed her arm and said he’d just gotten out of prison. He said he’d been “following her” and “stated that he hadn't had sex in a while,” according to DOC and police reports. The woman broke free and called police.

Seattle police say _____ was never criminally charged in that incident, but the DOC did send him to jail for 20 days for failing to keep his GPS charged.

DOC records show that community corrections officers receive thousands of alerts each month from GPS devices reporting that offenders are in inappropriate areas, are not at home when they are supposed to be or that there is not a strong signal coming from their device. Records show that homeless level 3 sex offender _____ had 293 alerts in August of 2013. The number jumped to 372 alerts the following month.

KING 5 asked DOC how its parole officers could possibly investigate so many alerts.

A lot of (_____) alerts were because he was charging his device at Barnes and Noble, a place he was prohibited from being, but he had to charge his device too," said Pevey. “So part of that is having the follow-up conversation and saying ‘where were you and what were you doing?’

_____, who served a lengthy prison sentence for molesting eight children, is no longer on DOC supervision and no longer wearing a GPS bracelet, but he is wanted for failing to register as a sex offender.

Last year the Los Angeles Times reported on a confidential report by the California Department of Corrections that detailed flaws in the GPS tracking of thousands of California ex-cons. The report that said the public was in “imminent danger” because of faulty GPS devices that criminals could easily tamper with. California cut its ties with manufacturer 3M and switched to another company.

The same 3M device is used by the Washington State Department of Corrections through a program run by the Washington Association of Sheriffs and Police Chiefs.

3M and the product that we've been using, we found, has had great results,” said DOC’s Pevey.

It’s unclear what type of device the Fife city jail placed on Red’s ankle. After his interview with KING 5, he turned himself in to jailers. The Fife Municipal court, which runs the GPS program for several cities, says it did receive alerts about some problems with Red’s device.

Judge Kevin Ringus said calls were made to Red’s residence to check up on him, but they were never able to get him on the phone -- even though he was supposed to be on home detention.

Ringus said it appears that Red’s device was working most of the time until he was released from monitoring on February 5. (He was interviewed on camera by KING 5 on Feb. 6, and KING 5 saw Red's GPS monitor removed from his ankle a week earlier.)

[H]e had completed his monitoring without incident as we could still track his movements,” Ringus said in an email to KING 5.

Red said he never charged the device and could take it off his ankle at will.

Tuesday, February 18, 2014

NC - Court rules that Alamance sex offender can't be monitored by satellite for life

GPS monitoring
Original Article

02/18/2014

By Michael D. Abernethy

RALEIGH - A Snow Camp man convicted of sex offenses can’t be placed under lifetime satellite-based monitoring but can be monitored for a given length of time, the N.C. Court of Appeals ruled Tuesday.

It will be up to a Superior Court judge in Alamance County to decide whether and how long _____, 31, will be required to wear a device that tracks his location.

State law requires satellite-based monitoring for sex offenders convicted of certain types of crimes. It’s separate from the requirement that a defendant register as a sex offender. Some crimes — including violent, aggravated or repeat offenses — require a lifetime of monitoring. In other circumstances, it’s left up to a judge to decide whether a defendant should be placed on satellite-based monitoring and for how long.

In _____’s case, the appeals court ruled that his conviction didn’t classify as an aggravated offense under state law and found that he couldn’t be made to be monitored for life.

_____ pleaded guilty in 2007 to one count of indecent liberties with a minor and one count of second-degree sex offense. He served an active 84- to 110-month prison sentence and was released in December 2012. Satellite-based monitoring wasn’t available at the time of his conviction.

He was serving 30 months’ probation under an additional suspended 19- to 23-month sentence when he received notice April 22 that the state intended to pursue satellite-based monitoring.

At a hearing May 28, Superior Court Judge Wayne Abernathy found that a second-degree sex offense classified as an aggravated offense under state law. Aggravated offenses are defined as those where penetration occurs by the use of force or the threat of physical violence against a victim, or that involve penetration of a victim younger than 12 years old. Abernathy imposed lifetime monitoring.

Court documents also show that Abernathy expressed doubt at that hearing about the necessity of _____’s lifetime monitoring, finding also that he was a moderate- to low-risk offender taking steps to improve himself.

_____’s appellate defender argued three points: that the Superior Court didn’t have jurisdiction to impose lifetime monitoring, that the state couldn't impose the monitoring after his original sentencing, and that second-degree sex offense is not an aggravated offense.

In an unpublished opinion filed Tuesday, a three-judge panel denied attorney Jason Christopher Yoder’s first two claims but held that second-degree sex offenses can’t be classified as aggravated offenses. Second-degree sex offenses don’t include penetration as an element of the crime.

In court documents, Attorney General Roy Cooper’s office agreed that second-degree sex offenses aren't aggravated offenses. Cooper’s office argued that the state should be allowed to present evidence for a shorter period of satellite-based monitoring.

The appeals court agreed.

Accordingly, we reverse the trial court’s order requiring defendant to enroll in a satellite-based monitoring program for life and remand for a proper determination of defendant’s eligibility of satellite-based monitoring pursuant to (state law),” N.C. Appeals Court Judge Chris Dillon wrote in the opinion. Chief Judge John C. Martin and Judge Robert N. Hunter Jr. concurred.

In recent years North Carolina’s higher courts have made a number of rulings surrounding aggravated offenses and state statutes requiring satellite-based monitoring. Jamie Markham, with the UNC’s School of Government, said Tuesday that’s because state laws often don’t match up well with federal guidelines regarding sex-offender laws.

That this continues to happen (four or five years after the N.C. Supreme Court ruled on aggravated offenses) demonstrates they are kind of counterintuitive and confusing,” Markham said.

Sunday, February 16, 2014

CA - GPS monitoring alerts overwhelm probation officers

GPS Tracking
Original Article

02/15/2014

By Paige St. John

SACRAMENTO - Electronic monitoring was supposed to help Los Angeles County deal with the influx of thousands of felons moved out of California's prison system to ease overcrowding.

The nation's largest probation department strapped GPS ankle monitors on the highest-risk of those convicts, expecting the satellite receivers to keep tabs on where they spent their days and nights, and therefore keep the public safe.

Instead, agents are drowning in a flood of meaningless data, masking alarms that could signal real danger.

County probation officers are inundated with alerts, and at times received as many as 1,000 a day. Most of the warnings mean little: a blocked signal or low battery.

The messages are routinely ignored and at times have been deleted because there were so many, officers say.

Auditors making a spot check last fall found more than a dozen cases in which officers failed to notice that the devices were dead and probationers roamed unmonitored, some for weeks.

"If we keep getting false positives, we're not going to know the real one that means danger," said John Tuchek, a vice president for the Assn. of Probation Supervisors.

California's statewide system for monitoring sex offenders sends out as many as 40,000 alerts each month to state parole agents.

The consequences of ignoring such warnings can be disastrous.

In upstate New York, federal probation officers deluged with false alarms opted to disregard tampering alerts that cleared themselves within five minutes.

Because of that, no one noticed last year when a man facing child pornography charges broke the strap of his monitor and slapped it back together with duct tape. The man left the still-operational device at home, then traveled across town and raped a 10-year-old girl and stabbed her mother to death.

A U.S. District Court judge in New York released a report in April noting that probation officers in 12 of the nation's 94 federal court districts routinely ignored short-term alerts. Federal court officials ordered the practice stopped.

In Colorado last year, officers dismissed days of tampering and dead battery alerts from a parolee's GPS monitor. The man had slipped out of the device strapped to his ankle and killed a pizza delivery man and the state's corrections chief, authorities said. The fugitive was shot and killed days later while attempting to flee police in Texas.

Proponents of GPS technology say improving the system is a matter of better training, smaller caseloads and more effective technology to filter the flood of data.

Steve Logan, chief executive of Satellite Tracking of People, which monitors California sex offenders, said officials and the public should not see GPS tracking as a panacea.

Electronic monitoring is "a tool … not a silver bullet, but a really, really good tool," Logan said.

But some national GPS experts and parole officers say there are so many technological problems with GPS monitoring that it will never be as secure as officials promise.

"When these alerts are in the tens of thousands, it seems like an unwinnable situation," said Matthew DeMichele, a former researcher for the American Probation and Parole Assn. and coauthor of the Justice Department's guide on electronic monitoring.

"In some ways, GPS vendors are selling law enforcement agencies, politicians, the public a false bag of goods," he said.

The data overload disclosure comes as nearly every county in California is preparing for a massive expansion of the "virtual jail" — the use of GPS devices to track criminals on the street rather than incarcerate them.

The growth is being driven by a federal court order requiring the state to reduce prison crowding. In two years, California shifted more than 100,000 state inmates and parolees to local control.

The influx has required the release of lower-level criminals to make room, meaning county probation departments must monitor an increasingly dangerous population.

Last year, then-L.A. County Sheriff Lee Baca solicited bids from GPS tracking companies to monitor as many as 3,000 offenders released from jail, while the county Probation Department is using GPS to track hundreds of felons released from prison. Riverside County has approved $1 million to monitor up to 600 criminals.

California began using GPS tracking in 2008, when voters passed Jessica's Law, which required round-the-clock monitoring of serious sex offenders. More than 8,000 state parolees continue to be tracked under that law.

The basic systems involve a device strapped to a person's ankle. The monitor picks up satellite signals and transmits location information over cellular networks to a central computer.

The system is designed so that an alert is sent out if an offender tries to remove the device or enter a forbidden area, such as a school or park. But notifications go out for a variety of routine reasons, as well: GPS signals are blocked by buildings, batteries run down, cases crack and straps come loose.

There is no easy way to distinguish the cause of a notification. A prolonged lost signal might mean an escape or merely a signal blockage inside a mall.

Field tests by California corrections officials in 2011 showed the devices used to track nearly half of the sex offenders in the state reported no signals 55% of the time — blind spots the manufacturer attributed to buildings, cars and trees.

In most cases, each anomalous event prompts an alert to the supervising officer.

The number of emails is compounded by another stream of data: The county Probation Department sets its system to trigger an alert whenever a device passes a school or park.

More than 4,800 prohibited areas are designated in L.A. County, about one every square mile. That makes it difficult for an offender to go anywhere without causing a string of alerts — a total of 7,500 messages generated by about 300 probationers each month.

"Just riding the Red Line would set off 10 alerts, passing schools on the way," said Tuchek, the union official who also works as a county probation supervisor.

One recent log showed that 65 offenders racked up 135 alerts in a single overnight shift. None resulted in an officer's response, and the probation office wrote off one felon's string of seven tamper alerts as a possible equipment malfunction.

The email overload was made even worse because of a policy that until recently required all alerts to be sent to every probation officer supervising someone via GPS.

The combined effect, department administrators said, was that deputies on some days were greeted by more than 1,000 new alerts in their email in-boxes.

"If the probation officer receives thousands of emails for every probationer in the county, he will delete them all without reading any," said one deputy who did not want to be identified because he was not authorized to speak on the issue.

A department audit in September documented numerous cases in which alerts went unheeded. Officers, according to the audit, were unaware their charges were not being tracked for days at a time. One offender went untracked for 45 days.

Reaver Bingham, deputy chief of the county Probation Department, said most officers try to discern the most serious messages in the flood and concentrate on those.

In November, the county stopped blasting out group alert messages to reduce the email overload. Still, the system generates more than 20,000 messages a month.

Sentinel Offender Services, the Irvine-based company that provides L.A. County's GPS monitoring system, refused to comment on the program. However, in a 28-page corrective action plan sent to the county in November, Sentinel's chief business development officer, Mark Contestabile, discussed "the onslaught" of alerts.

The frequency of the alerts is "overwhelming to the officer," Contestabile wrote. "This is an area of the program that must be addressed as we move forward in program development."

Dwight Thompson, a field representative for the union representing county probation officers, said reducing the number of alerts won't solve all the system's problems.

Officers, he said, rarely have the time to check out even a lower number of alerts. "How do you drop everything else to find out why" an alarm has gone off, Thompson said.

And he said probationers are well aware there is seldom a response when a device does go off: The department lost 80 offenders in 2013 who cut off their GPS monitors and disappeared.

"If a person's not being properly monitored or supervised, then what's going to stop them from taking it off and leaving?" Thompson asked. "If they take it off, what was the point of putting it on?"

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Sunday, February 9, 2014

WI - Freed, but still in jail: New limits on sex offenders leave them in care of sheriff

Man behind bars
Original Article

So he's done his time but because he couldn't find a place to stay, behind bars, he will remain behind bars? That is just so wrong!

02/08/2014

By Stephanie Jones

RACINE - _____ is supposed to be free. He’s not.

_____, a convicted sex offender, served his time and was supposed to be released from the New Lisbon Correctional Institution on Jan. 28. He was released on schedule, but his release was not to freedom. It was to the Racine County Jail. There was nowhere else for him to go.

It was a rather depressing situation,” he said about finding out the jail was his only housing option. “All I wanted was a place to live.”

Municipal ordinances have become so restrictive on where registered sex offenders like _____ can live in the county that state officials have directed the jail to hold him. It’s not clear how or when he’ll get out.

This is a new problem resulting from recent sex offender ordinances and it’s concerning, said Lt. Dan Adams of the Racine County Sheriff’s Office.

No options

In early January, _____, 59, was planning on moving into a transitional residence in the 2100 block of Racine Street in Mount Pleasant. Then those plans changed when the Mount Pleasant Village Board passed an ordinance Jan. 13 greatly restricting where sex offenders can live. That ordinance came on the heels of similar ordinances passed in Racine, Sturtevant and Caledonia.

Mount Pleasant’s new ordinance effectively eliminated the home _____ had lined up, which is near a church.

That was the last oasis,” Adams said about the Racine Street residence. “Then the ordinance passed. Now we are in this predicament.”

It’s not an issue that other released prisoners face, he said, because they have alternative shelters where they can stay that sex offenders cannot.

Staying at the Homeless Assistance Leadership Organization shelter also is not an option for sex offenders. Because families and children stay at the shelter, they don’t accept sex offenders except for particular circumstances such as if there is an 18-year-old who had a relationship with a 17-year-old, said Stephanie Koeber, HALO’s family program and child care director. She didn’t know offhand of any other place that will take sex offenders now.

It’s definitely a population that is underserved,” she said.

Past mistakes

_____ doesn’t try to justify the mistakes he made, he said. When he committed his first offense in 2000, he was living in Indiana with his wife and five children. He used to write articles for the Elkhart Truth’s sports department, he said, and he owned his own business that sold new and used equipment to fire departments.

Then he started an online relationship with a person who he thought was a 14-year-old boy, he said. He drove from Indiana to Racine County to meet the boy at the McDonald’s by Interstate 94 at 13343 Washington Ave. It turned out it was an undercover agent, and _____ was taken into custody.

Years later after he was released from prison for that crime, he ended up arrested again in 2007 after he was caught looking at a website at the Racine Public Library called “Barely Legal.” He said it turned out some of the photos were of teens under 18. He admits it was a stupid decision, although he claims he thought they were adults.

What’s next?

Now, after being released again, _____ is on extended supervision and he has a GPS monitor on his ankle, which he said he may have to wear for the rest of his life. His first goal is to find a job so that he can afford housing, he said Thursday while seated at the Department of Corrections Division of Community Corrections office in Sturtevant, with a notebook filled with possible job leads.

That is where he spends the day for the most part. _____ said his day starts with breakfast at the jail, then he gets a packed lunch and is transported to the Sturtevant corrections office, where he spends time looking for jobs until he is transported back to the jail before dinner. He is required to return to jail each night, Adams said.

Joy Staab, a spokeswoman for the Wisconsin Department of Corrections, said for sex offenders who warrant special notifications to law enforcement, the current policy is to “utilize jail in lieu of homelessness.”

This is a statewide policy, she said, although she did not know if it is occurring anywhere else outside of Racine County.

As a result of local ordinances restricting where sex offenders can reside, housing options can be very limited for sex offenders,” she said.

Another man at jail

According to the Sheriff’s Office, one additional sex offender in _____’s situation also has been housed in the Racine County Jail since Tuesday. Both men are listed in jail online records with their “hold reason” as “homeless sex offender.” It’s not clear how long the offenders will have to stay in jail, Adams said. The state will pay for the jail stays, he added. “I think there is some concern about what comes next,” he said. “There has to be some alternative solution because I don’t think this can be sustainable.”

In the two weeks since _____ was released from prison, he hasn’t had any luck finding work, he said. Until he gets a job, he doesn’t know how he will be able to afford rent, he said, and with the transitional facility no longer an option, he is not sure when he will be able to finally spend a night outside jail.

If he had money in the bank, possibly he could find someplace that the ordinance would allow a sex offender to live. But he doesn’t, and he is not sure where he could find housing.

I’m not trying to look for sympathy. I don’t expect that,” he said. But he said, “I did my prison time. Give me an opportunity. Allow me to try to put my life back together.”

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