Sex-offender bill becomes law; coaches bill is vetoed

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COLUMBIA --- Gov. Mark Sanford has signed into law a bill that says sex offenders can't live within 1,000 feet of schools, day care centers or playgrounds.

Mr. Sanford signed the bill Monday night as he considered 29 bills the Legislature completed before ending their regular session.

The sex offender bill doesn't apply to people who already lived within 1,000 feet of those structures before the measure becomes law. It doesn't force newly convicted people to move.

Sex offenders get a break with reduced penalties for a first offense of not registering or failing to notify sheriffs where they live or when they move.

Mr. Sanford vetoed a bill to fine people who assault coaches and sports officials up $1,000 and would have sent them to jail for 60 days.

Lawmakers will be back in Columbia next week to take up Mr. Sanford's vetoes and possibly adopt compromises worked out on a handful of other bills.

The sex-offender bill changes a 3-year-old law that imposes a 90-day jail sentence when sex offenders fail to register with a sheriff or report an address change. The legislation allows a $500 fine and no more than 30 days in jail. State Sen. Brad Hutto, D-Orangeburg, said he offered the change at the request of prosecutors who believe the lesser punishments will be assessed more quickly.

The Legislature left repeat-offender penalties on the registration law. A second offense brings a mandatory year prison term.

BILLS TO CONSIDER


Mr. Sanford also will decide the fate of bills, including:


- A ban on "alcohol without liquid" inhalant devices that allow people to get intoxicated without drinking

- A $500 fine for parents who let unlicensed children drive


- Five years in prison and a $5,000 fine on the first offense for anyone making or selling meth in the presence of a child. Penalties would double for subsequent offenses.

Comments

I4PUTT

Did you see the next to last paragraph??????? SC is really tough on sex criminals who rape & molest our children. The paragraph sums it all up.

christian134

Your right it is a backward step in a process that is supposed to protect our babies from this evil scum....I say throw them in jail or under the jail for a said period of time. At such a time when they are released, my thoughts on that should be never, but when they are released their pictures need to be placed on billboards so that unsuspecting neighbors will be alerted to the fact they have molesters in there areas...By molesters I mean the demons who think it is perfectly normal to have sex with babies and children...

Honden

a "failure to register" or "failure to update an address change" are not in of themselves "sex crimes"

TakeAstand

no its not a sex crime but is supposed to be a condition of your parole or probation, so if you fail to do so, they are lucky they arent sent back for longer or the rest of thier sentence. The reason for the registering is so others in your neighborhood and area can keep track of you to know if a pervert is living close by they should watch out for. There is no reason for them not to follow these instructions, it is the least the sick perverts can do, if thats to much for them to do, then they shouldnt be free with a second chance.

jack

Pitiful when a sex offender, especially a child molester, gets only a slap on the wrist for the first offense, and only a year on the second.

MSLGW

Dear Neighbor,

I am writing to you with some important information about laws related to Registered Sex Offenders (RSO’s). Over the last 16 years, our government has worked furiously to pass laws that are designed to prevent horrific crimes such as that committed against Megan Kanka and Jessica Lunsford. These crimes, both committed by RSO’s, were awful, but we really must question if they could have been prevented by laws such as Megan’s Law and the Adam Walsh Act. Let me explain further.

Megan's Law and the Wetterling Act were created on the assumption that recidivism is high for Sex Offenders. However, the recidivism for sex offenders is reported to be lower than that of any other class of offenders (CSOM, 2007; Harris & Hanson, 2004; State of New York Department of Corrections, 2001; USDOJ, 2001Gwyn, 2007; Huenke, O'Connell, Price, & Weidein-Gist, 2007; Ohio Public Safety, 2006; Stalans, Seng, & Yarnold, 2002; Valentine & Huebner, 2006; White-Cerns, McKelvie, & Cohn, 2007). For example, the United States Department of Justice indicated that the recidivism rate for Sex Offenders is 3.5% meaning that 96.5% of those who are on the registry are not likely to re-offend. Furthermore, in New York, the recidivism rate is only 2%.

The list creates the myth of “stranger danger” but most (93%) of sex offenses are committed by someone known to the victim.

Residency restrictions do not work. In Minnesota, the Department of Corrections found that between 1990 and 2002, of the 3,166 sex offenders released from state prisons, only 224 of these were returned to prison for a new sex crime through 2006. The report contains the statement, “Not one of the 224 sex offenses would likely have been deterred by a residency restrictions law.”

While these laws are deemed regulatory by the Supreme Court, they do seem to violate fundamental principles of our Constitution. For example, ever-changing registration requirements and residency restrictions, lead to ex post facto application of new laws. Furthermore, while not the explicit intent of the “regulatory” laws, the consequences of these laws are a form of double jeopardy as those Sex Offenders who served their time and paid their dues continue to be punished when they are denied employment and housing; are segregated from their communities; forced to leave their families; hunted down and arrested for failing to register in accordance with new registration requirements; and, by having to wear a Scarlet Letter.

Finally, these laws may in fact make you LESS SAFE. People with criminal histories, including RSO’s, are at a higher risk for committed additional crimes when, as RSO laws do, their freedoms and liberties are limited, they have difficulty accessing housing and employment, and are denied community support. This is likely why there is not one empirical study suggesting the effectiveness of these laws. In fact, most peer reviewed studies examining the effectiveness of Megan’s Law conclude it has no impact on the recidivism rates, and are therefore ineffective at preventing new sexually-based crimes (Corrigan, 2006; Pawson, 2002; Toft, 2007; Wakefield, 2006; Welchans, 2005; Zevitz, et al., 200) and in fact, may make communities less safe.

OpenMinded

Does this include adults convicted of groping another adult in public? Doesn't that type of behavior automatically fall into the sex offender category? Aren't there plenty of sex offenders whose offense has nothing whatsoever to do with children, and aren't they also included in this legislation which is supposed to focus on children? Genarlow Wilson got cheated because GA sex offender laws weren't as specific as they needed to be to separate an adult who abuses a child from other situations- and the legislature changed the laws to increase specificity. Is this new SC law ignoring specificity of the same sort?

SunCan

The laws today are named for one, Megan Kanka, who was seven years old when Jesse Timmendequas, a repeated violent sexual offender who lived across the street from her, kidnapped, raped and murdered her.

We have the RIGHT to know who they are and where they are! We don't want them anywhere near our children or in our children's lives! The registry works and our children deserve it.

If you don't want to be on the registry then just keep your filthy hands to yourself!

u r not the family

I agree that we have the right to know where RSO live, but MSLGW is right on the money. After 15 years as a SA counselor and also the family member of a adolescent victim, it does not really matter where they live or how close they are to places where children congregate. The vast majority of sexual assaults, especially those against children, are committed by someone the child knows - coaches, teachers, neighbors, family members. The only protection an adult can provide to a child is a watchful eye and open communication. Its not an ideal solution, but all one can do is teach children what is right and what is wrong ("good touch" versus "bad touch", etc.) and to trust their instincts when they feel uneasy in the presence of someone. Children need to be assured that we will believe in them no matter what the situation.

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