Again, I am no expert on the law on every city and county and state, but my understanding is that the Walsh Act of '06 allows you to do so, (But a quick call to the Legal Council; who advises your group, or acts as an advocate for childrens rights. See below.
The Walsh act, which President Bush signed into law in July 2006, requires states to pass legislation by 2009 to register and track sex offenders nationwide and make it hard for them to get their names removed from public lists. It includes not only juveniles convicted as adults in jury trials but also those found delinquent / guilty of certain sex crimes in juvenile court.
Juveniles were added to the federal law in part at the urging of Wisconsin lawmakers who promoted including younger offenders in response to a case in which a youth sexually assaulted an 8-year-old girl when he was 14 and was sent to a treatment program. Because he was a juvenile, his record didn't show up when he applied for a job as a camp counselor at age 18, and he later was sentenced to 25 years in prison for molesting children at the camp. (Hello Liberals - we would'nt want to hurt his self esteem now would we - so we give the fox the keys to the hen house after he kills all of the chicks in the yard - huh?)
His original victim lobbied for laws to reveal the juvenile court records of sex offenders, and her cause became an element of the Walsh act, (hard to believe that that made it in there - I mean it's so much common sense)..
But experts say the Florida law, which went into effect July 1, goes beyond what the federal law requires for juveniles by including some lewd and lascivious acts, (Oh heaven forbid - we did mean lock up Uncle Henry just because he stood out in the front yard buck-naked & wagged his willey at some school kids goin home from school. "The federal law is intended to really address the most dangerous people," Martinez said. "The Florida law doesn't do that. The outcome is going to be pretty horrific for flashers, window peekers, voyers, panty sniffers, and other lawmakers."
The same experts also expressed concern that the law may have constitutional problems and could have detrimental effects on rehabilitating young sexual offenders, who often respond well to treatment, - but now if they are actually going to be punished - well heaven forbid - that could really put a wrench in the whole thing!
Officials with the Florida Department of Juvenile Justice warned in a staff analysis of the legislation that it may face legal challenges, since children in juvenile court are not entitled to jury trials and would face a lifetime sex offender designation without due process. (That's right - we need to teach them early about "legal loop holes" and "technical
errors" that can "get them off" before they even have to THINK about facing up to their crimes.
Others who work with juvenile offenders are concerned that the term "coercion" could be open to varying interpretations by various judges and prosecutors, and the lack of attention to the unique problems of sexual abuse within a family troubles them. Ah another Legacy from Bill Clinton, ("AH, you're going to have to define sex for me your honor").
They fear the law may discourage parents from seeking treatment for children who molest or fondle their siblings, because those offenders also would have to be named on the Florida Department of Law Enforcement Web site if found delinquent. Therapists are required to report any child abuse they learn about from victims or offenders. (It makes things so darned inconvienient for the offenders - it could even make them uncomfortable, or hurt their feelings!!!!!)
"The child with the sexual behavior problems will not get help, and the victims may not get help either," said Jill Levenson, an assistant professor at Lynn University in Boca Raton who researches the effect of registration on sex offenders. (I especially like how Jilly throws in that last part about the "Victims", - as a dismissive after though - with a flit of her hand, - as if some how they were the cause of this all somehow, - *****.
She and other experts fear the stigma of the sex offender label will steer offenders away from the educational and social environments that would help them become productive adult members of society. (i.e. predators on a higher scale, - "Rape comes to the suburbs").
"The truth is with juvenile sex offenders, the great majority are nonviolent and respond fairly well to treatment," Levenson said. Really? Question: How many "Mature" Sex offenders do you think started out as youthful sex offenders?
Treatment effective in many cases. That was the finding last year of a task force appointed to study juvenile sex offenders and their victims in Florida. It reported to the governor and legislature that juveniles have "an extremely low re-offense rate," citing studies from several programs for juveniles that showed less than 4 percent of those who completed the programs had a subsequent sex offense arrest. (Could that be because the juvenile records are sealed when these youthful offenders reach the age of 16 - 18, (Depending on the state), so that THERE IS NO TELLING WHETHER OR NOT a 19 year old (or older) thug who is arrested as an adult for a sex crime, with apparently a CLEAN RECORD, is infact a repeat juvenile offender, with 13 rapes already under his belt.
In fact a number of juveinle sex offenders, as soon as they legally reach the age of maturity, (and their records are sealed, go right down to the County courthouse, and have their names legally changed, and start out with a new untraceable back ground, and a new legal ID.
The study also showed that from 40 percent to 80 percent of the juvenile offenders were victims of sexual molestation.
Of the nearly 1,000 juveniles screened from 1998 to 2005 to see if they qualified as sexually violent predators under the Jimmy Ryce Act, 34 were referred for possible civil commitment and only nine had been committed as of late 2005, according to the task force report.
Task force Chairman Mark Fontaine, who at that time was executive director of the Juvenile Justice Association, said the group recognized there are juvenile sexual predators who deserve a sex offender designation - typically those who are repeat offenders or have been involved in violent crimes. (Gee - Ya think - Mark?? )
Such cases are more likely to be handled in adult court. The juveniles charged in the alleged gang rape in Dunbar Village in West Palm Beach, for example, have been transferred to adult court.
But Fontaine said the confidentiality of juvenile court files is there because the law recognizes that young people sometimes act impulsively and recklessly, but those mistakes shouldn't be an indelible blot on their lives. (Right a gang of 16 year olds rape and beat senseless two 12 and 13 year old little girls, over a period of 5 hours. stopping to go the Burger King and get something to eat, and then go back to the evenings festivities which including sodomizing their victims with bottles & sticks, and utlitmately setting them on fire. Now there is certainly no reason to punish there little angels who just got carried away a little too much one night is there? And would'nt it be just a crime to make a big deal out of this whole thing?
"That's why we created the juvenile justice system," he said.
So the task force strongly and repeatedly recommended against including juvenile offenders in the FDLE registry unless they were transferred to adult court.
The task force concluded: "Once labeled and registered as a sex offender, a juvenile's options in life, such as joining the military, attending college and location of residence will be substantially limited. Because of the high success rates of treatment, it is important to minimize the unintended consequences of labeling these youth or placing barriers to their successful reintegration into the community."
Meanwhile who makes accomodations ans worries abouit thr welfare and future of their victims? Who makes sure they get special treatment, and counseling, and special training, and coddeling? Who or what Program spends one lousy dime on them? Not one dam state or Federal agency!!! That's a dam disgrace and a slap in the face to every parent in America.
Indeed, existing Florida law already required youth sex offenders to register and be included on the FDLE Web site if their cases were transferred to adult court and they were convicted or entered a plea agreement. But until now Florida law always has kept confidential those whose cases which handled in juvenile court. (So what was the law for anyway when they do not enforce it?)
Expert questions state's rush on law. Martinez, of the juvenile justice reform commission, questioned why the state legislature moved so quickly on the law without working out all the possible "unintended consequences" beforehand. ( Meaning that the republicans would not allow the liberals to let it die in committee, or be gutted any further.)
But state officials said few objections were raised during the legislative process, and federal grants to help pay for implementation and supporting programs may not be available to states that wait until the deadline to act. (Much like the Federal Billborad and Interstate Freeway speed limit of 55 mph of 1974 - comply or lose federal funding).
Lawmakers did try to avoid including so-called Romeo and Juliet situations, where there is consensual sexual conduct between two juveniles, by adding a requirement that any fondling include "force or coercion" and direct genital contact rather than touching outside clothing. And they didn't want to put the sex offender label on a child who grabbed someone or exposed himself during horseplay, (If they had they might as well just put bars on the high schools, and make them into prisons.
Even so, Martinez, expects legal challenges as soon as names begin appearing on the FDLE site. But no one from FDLE or juvenile justice can predict exactly when that will occur or how many juveniles will qualify.
There is a Nov. 1 deadline to have the computer process for transferring the necessary information in place, but juvenile justice officials in each district have to review each file to determine if the youth meets the criteria spelled out in the law.
If the law had been in effect in the 2005-06 year, officials determined 53 youth statewide, (in Florida), definitely would have qualified to be on the registry and 68 might have qualified if the courts had made the necessary findings, said Samadhi Jones, juvenile justice deputy communications director. However what the Juvenile Justice officials would not disclose if the total number of juvenile offenders taken into to custody that year in Florida, so that the nubers they quoted had some validity and benchmark to compare against, plus therer were no geographic or population breakdowns, or age groupings - etc. In other words, they seemed to provide numbers to support what they needed to support.
Juvenile justice workers also are worried about the 90-day re-registration requirement. I agree, it should be 10 days upon relocation, and every 30 days after that including a hair folical drung test, and if they need more staff to do that then do that, and take the budget out of the "feel good" phony rehab programs they set up these little thugs and perverts.
At a recent Juvenile Justice Council meeting in Martin County, Chief Probation Officer Dan Rodgers noted that probation officers already are juggling caseloads triple and quadruple what they should have. Making sure a 14-year-old who can't drive and has poor parental support gets to the local sheriff's office every three months will be an extra challenge. (So where the hell are that child's parent's or legal gardian or sponser in all this?)
Noting the felony charge that faces any juvenile who fails to register, Rodgers told the council: "This is a serious thing." - (Ya think???)
Yes it is, but for my money, these guys chose to think with thier penis' instead of their brains, and I don't care if they were 14 or 75, they knew it was wrong - but they chose their own pleasure over the rights, and emotional, spiritual, sexual health and self image of their victims; and while many "experts assert that sex crimes such as rape are NOT about sex, they are about power -, is'nt it odd that so many women are raped every day, as opposed to young, naieve, frail, or old and senile men - which woukld it make easier targets than young health robust women, - just a thought.
2007-08-26 23:12:56
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answer #10
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answered by jtrall25 4
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