Sex Crime 2 Flashcards
The designation “sexually dangerous person” or “sexually violent predator”
is essentially a recycling of sexual psychopath laws for recidivist sex offenders
To be designated a SVP an offender must:
Have been convicted of or charged with a sexually violent offense
Suffer from a mental abnormality or personality disorder
Be likely to engage in future acts of sexual violence as a result of the mental abnormality or personality disorder if not confined to a secure facility
Civil Commitment Laws
are currently in place in 20 states, plus Washington, DC and the federal government.
In Florida, the civil commitment law was recently (2014) strengthened to:
Double the mandatory minimum sentence for rapists who victimize children younger than 12to 50 years, eliminate reducing sex offenders’ prison sentences for good behavior, ban convicted offenders from possessing pornography, and extend the civil commitment law to offenders serving jail sentences
A 2011 studyof sexual offenders in New Jersey
found that 5% were re-convicted of a new sexual offense within 6 1/2 years
In 1937
Florida was the first state to enact a criminal registration statute
Current law passed in 1998; requires lifetime registration, DNA sample submission, 1000 ft. residency restriction, and annual or biannual checks
JUVENILE OFFENDERS ARE ALSO SUBJECT TO THESE REQUIREMENTS
In 1990
Washington enacted the first community notification law
THREE LEVELS OF COMMUNITY NOTIFICATION OF OFFENDERS
The Jacob Wetterling Act (1994) and Megan’s Law (1996)
require all states implement registration and notification laws for sexual offenders
Registration and Notification Laws: Empirical Evidence INTENDED GOAL:
REDUCE REOFFENDING AND PROMOTE COMMUNITY SAFETY
The first state to enact residence restrictions (RR) for sex offenders was
Alabama IN 1996
Unlike registration and notification laws, RR laws are not mandated at the federal level
In 2004 only 14 states had RR laws in place
By 2008 the number of states with these laws increased to 33
As of 2009 California had the strictest requirements (0.5 miles) while 8 states only imposed 500-999 foot restrictions on certain offenders
First passed in Florida in 2004
Offenders are restricted from residing within 1,000 feet of any school, day care center, park, or playground.
First passed in Florida in 2004
Offenders that are subject to RR include any person who has been convicted of one or more of the following offenses and the victim was less than 16 years of age:
Offenders that are subject to RR include any person who has been convicted of one or more of the following offenses and the victim was less than 16 years of age:
Sexual battery, lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, sexual performance by a child, lewd or lascivious exhibition using a computer, or the selling or buying of minors
MIAMI BEACH WAS THE FIRST CITY TO INSTITUTE A LOCAL ORDINANCE REGARDING SEX OFFENDER RR
Offenders:
Research has focused on how forced relocation has impacted offenders’ lives
Families:
Research has focused on the unintended ways in which the families of sex offenders are impacted
Communities:
Research has focused on the availability of housing for sex offenders
While there is an exhaustive body of research on the recidivism rates and patterns of sex offenders generally,
there has been virtually no research on the effect that RR specifically have influenced recidivism rates
GPS Monitoring
The use of electronic technology as part of community supervision began in Boston and Cambridge, Massachusetts IN 1964
Only three studies have effectively examined the impact of GPS monitoring on sex offenders
Results indicated that there was no statistically significant differences between offenders on GPS and control groups in terms of recidivism
Those on electronic monitoring tend to be violent offenders (including sex offenders) and are both less likely to commit a new offense and less likely to commit a technical violation on supervision
