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Sex Offender/Child Abuse Laws
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JoAnn
October 20, 2007, 9:34am Report to Moderator
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If I recall correctly, it was at the end of August, the 22 or 23rd, that the county legislature made slight revsions to the proposed sex offender law. I believe that at that time Ms. Savage said, that a committee would be formed to further discuss this law, due to the opposition from the surrounding towns. There was a 90 day window, to hand pick who would be allowed on this committee and to set up dates for productive discussion with a final resolve at the end of the 90 days.

One of my concerns is the time element. It has taken almost 2 months to produce just one meeting without a future date for the next. There doesn't appear to be enough time to re-examine this issue in full. Are we to assume that this present proposed sex offender law will go into effect December 1st?
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Rene
October 20, 2007, 9:35am Report to Moderator
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I was impressed with the remarks by the DA's office and that also offered me a bit of optimism.  I think, as far as Town Supervisors, all of us would admit we are not and don't want to become experts on the management of sex offenders.  Our jobs are to make sure our towns are represented, which they have not been.  Speaking strictly for myself and the residents in my town, that ship sailed with the passing of the law.  The damage has been done.  When the committee addresses the issues, we need to remember the new laws (if any) need to apply to the needs of those (residents and sex offenders) who live in outlying areas since Schenectady and larger towns will not have to deal with any future offenders.
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bumblethru
October 20, 2007, 11:02am Report to Moderator
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The clock is ticking. This present government will bide their time, knowing they did not give the 'committee' enough time to research and voice their opinions. Although the committee is clearly stacked in their favor. The law will stand as it is....I'll bet the farm on that one.

And when this great dysfunctional elected body, votes this into law, they will say that there was no input from the opposition. It was just a pre-planned set up!


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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david giacalone
October 20, 2007, 11:59am Report to Moderator
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The law that currently is on the books went into effect immediately when passed in June -- prohibiting new residences without the exclusion zones.  The portion that was set to go into effect on October 1st, which would have forced evictions from the exclusion zones, was rescinded in August.
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Rene
October 20, 2007, 2:38pm Report to Moderator
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Quoted from bumblethru
The clock is ticking. This present government will bide their time, knowing they did not give the 'committee' enough time to research and voice their opinions. Although the committee is clearly stacked in their favor. The law will stand as it is....I'll bet the farm on that one.

And when this great dysfunctional elected body, votes this into law, they will say that there was no input from the opposition. It was just a pre-planned set up!


It was voted on June 12, and effective immediately.  The residency restriction law is the current law.
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Rene
October 20, 2007, 2:43pm Report to Moderator
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Oops, sorry David, I didn't see your post.  And I would assume and hope there is some flexibility of the 90 day period of August 24th.  I would also assume and hope that as long as the committee is working and making progress there would be flexibility of the 90 days.
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senders
October 20, 2007, 9:12pm Report to Moderator
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So we have no reasonable idea what a 'sex offender' is...I mean a 17year old and a 15 year old.....I met my significant other when I was 17....please....

but the true offenders we dont know what to do with....lock 'em up.....separate the sexes.....


...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......

The replacement of morality and conscience with law produces a deadly paradox.


STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS

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Admin
October 21, 2007, 4:03am Report to Moderator
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http://www.dailygazette.com
Quoted Text
Carl Strock THE VIEW FROM HERE
   SEX OFFENDERS


   In case you’re wondering how the 29-member task force is doing that was created by the Schenectady County Legislature to make recommendations on sex-offender laws, after the Legislature itself stepped in a big cow pie over the issue, I can tell you it’s doing about as well as its parent body.
   It started off on Friday with a meeting at the county library that was not announced to the public and was therefore illegal, and the members droned and rambled aimlessly for an hour, the dominant voice being that of a soft-spoken Scotia resident who is the most fanatical on the subject of sex offenders, while assorted probation officers, politicians and bureaucrats basically listened.
   Listened to what? To the proposition that we don’t want sex offenders in our community. Mixed in with some reports on how things are done now.
   The legislature gave this task force 90 days from Aug. 23 to come up with recommendations on as many as 14 possible local laws to deal with the danger, largely imaginary, posed by those who were once convicted of sex offenses.
   At the rate they’re going, I don’t see how they can accomplish their objective in less than 90 years.
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bumblethru
October 21, 2007, 8:03am Report to Moderator
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I find it somewhat amusing how Kosiur took credit and ran with this sex offender law during the state assembly race. And yet he is not even on this committee. Why haven't we heard anything about this in the upcoming campaign.

The reps should be running their campaigns with these three issues only -
1. The 9.7% tax increase
2. The sex offender law
3. Spitzer's license fiasco

These issues should be in the forefront of the reps campaign.


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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Tony
October 21, 2007, 9:24am Report to Moderator
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This new sex offender law seems to just moves the sex offender out of the city limits. It doesn't seem to be really taking care of the sex offender issues. I don't really know if there is a sex offender issue. I wonder if the city of Schenectady has had sex offenders that have reoffended? If they haven't than I don't see the reason for this new law. If they have, than maybe this law should be considered. I don't know enough about it, but this is just my opinion.
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david giacalone
October 21, 2007, 12:14pm Report to Moderator
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Tony, see Carl Strock's column "Schenectady's Imaginary Predators,"
at http://www.schenectadyny.info/cgi-bin/forum/Blah.pl?m-1083073019/s-360/#num367

and my post "not one child-molesting stranger" at
http://blogs.law.harvard.edu/ethicalesq/2007/08/09/not-one-repeat-child-molesting-stranger-strock/
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bumblethru
October 21, 2007, 12:28pm Report to Moderator
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Here is the article from August 9th.

Quoted Text
Carl Strock THE VIEW FROM HERE
Schenectady’s imaginary predators
Carl Strock can be reached at 395-3085 or by e-mail at carlstrock@dailygazette.com.

   So the Schenectady County Legislature is backing down. The majority Democrats have decided to forgo the banishment of registered sex offenders and to exempt the lowest level of offenders altogether. I refer to the law — actually, two separate laws — that were to bar anyone on the state Sex Offender Registry from moving into any area within 2,000 feet of a school, playground, daycare center or public swimming pool (the first law) and then to evict such people who already lived there (the second law). Both laws made no distinction as to level of offense.
   They will apparently keep the restriction on the more serious levels of offenders moving into restricted areas, which many other municipalities also have passed in the current panic over sex offenders, but the banishment will be repealed — just as the New York Civil Liberties Union announced it was going to sue.
   Very well. Given what the Legislature went through to obtain this drastic law, which had the stated purpose of protecting children from predators, wouldn’t you suppose that sex crimes against children by registered offenders must be quite a serious problem in Schenectady? I mean, for the local legislature to have gone to such lengths.
   Wouldn’t you suppose there must have been quite a few cases in recent years of children being molested by registered offenders?
   Well, if you did suppose such a thing, that is, if you supposed that the legislators were responding to an actual problem rather than just opportunistically riding a wave of popular hysteria, you would be grievously mistaken.
   I have checked into the matter, which admittedly I should have done earlier, and here is what I learned from no less an authority than Schenectady County District Attorney Robert Carney and his assistant for sex-crime prosecution, Andra Ackerman: In the past two years the district attorney’s office has processed 113 sex-crime defendants, and of those a mere six were registered offenders repeating their crimes. Further, of those six repeaters, only two were charged with offenses against children, and of those two, neither was accused as a stranger. They were both some kind of family members or acquaintances.
   In other words in the past two years there has not been a single case of what the legislators (and many others) want us to believe is a tremendous social problem — serial “predators” skulking around schools and playgrounds waiting to snatch away our innocent children for their perverted gratification.
   Not a single case. So the panic is even more crackpot than I thought, or more cynical.
   When I recall the oratory that washed over me on the evening of June 12 when the legislators voted on their banishment bill and how they justified it with the supposedly out-of-control recidivism rate of sexual predators — without ever having checked with their own district attorney — it makes my head ache now.
   I close my eyes and I can see them flourishing their tape measures and I can hear them pledging their sacred honor, and I reflect that it was all just sort of hypothetical, or imaginary, and, yes, the blood pounds in my temples.
   Too bad we probably won’t get to hear the proposed banishment argued in court.
   In a four-page letter just sent to the county’s legislators, the Civil Liberties Union said the two local laws violate a rule against “exercising authority in a manner that is inconsistent with overriding state law and policy,” and also that it’s “clearly unconstitutional to evict law-abiding citizens from their homes, and effectively banish them from the entire county, based on an ex post facto law, which increases the punishment for the original crime after it is committed.”
   The lawyers who signed up to pursue this matter for the Civil Liberties Union are Terry Kindlon of Albany; an associate of his, Kathy Manley; and David Giacalone, a retired lawyer from the city of Schenectady.
   I would have liked to hear the arguments and heard the decision.
READING DISORDER
As for the letter in yesterday’s newspaper from a self-described therapist declaring, “Mr. Strock is again mistaken. Child molesters have always existed,” my diagnosis is that the writer has Basic Reading Disorder, since of course I never said that child molesters don’t exist. I just gave what I perceive as the history of the recent hysteria.
   Of course child molesters exist, and I suppose they always have, but the vast exaggeration of the danger they pose is a recent phenomenon. Mostly they molest children who are close to them, like family members, friends or neighbors, while the kind of creature we all dread, the monster who lurks behind bushes waiting to rape and murder our children, is a great rarity, which you can look up for yourself.
   She says I have a “prejudiced and unrealistic view.” But what’s prejudiced and unrealistic about that? I think it’s entirely accurate.
   She says I should “wise up,” that “this is a crime and illness which is never cured but managed.”
   I don’t know what kind of therapist she is, since she didn’t return my phone call, but she must not have attended the conference last year at the Glen Sanders Mansion of a couple hundred people who deal with sex offenders every day, and she must not have listened to Ken Lau, president of the state chapter of the Association for the Treatment of Sexual Abusers, or she wouldn’t say such foolish and ignorant things.
   Oh, the abuse I take in my job. There ought to be a law.


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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PoliticalIncorrect
October 21, 2007, 9:01pm Report to Moderator
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Remember how this started.
It was Ed Kosiur who was running for office without a record of achievement.
He thought the sex offender law would be his achievement.
He failed.
Susan Savage is still carring the unconstitutional sex offender law tourch.
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david giacalone
October 22, 2007, 12:04pm Report to Moderator
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I just posted a very long piece at my weblog, f/k/a, describing the new the Schenectady County Council to Prevent Sex Offenses and their first meeting.  See "our first look at the Schenectady County Council to Prevent Sex Offenses" (Oct. 22, 2007) http://blogs.law.harvard.edu/e.....revent-sex-offenses/

It includes the text of a Comment left at the weblog today by Jeffrey Parry, plus my lengthy reply.  You can find his Comment here http://blogs.law.harvard.edu/e.....r-law/#comment-61167
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bumblethru
October 22, 2007, 8:21pm Report to Moderator
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I read both Jeff's comments and Dave's. Jeff appears to have no answers but is looking for them.. He and the council seem to be 'stuck' in Kosiur's law with residential restrictions. The council clearly needs to take the Kosiur blinders off and explore all other avenues. And as Dave said, 'without the hysteria". However, Jeff's comments were clearly emotionally based. Dave's was based on fact and logic. Good job Dave!

Everyone should go to the site and read both comments.


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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