Missouri House Bill No. 1741 will subject out-of-state registrants to a civil commitment evaluation

Missouri HB 1741 is a weird bill that implies a possible constitutional violation. Below is a summary of the bill.

"This bill specifies that a conviction in this state or any other jurisdiction for a sexually violent offense can be considered when determining if a person is a sexually violent predator for purposes of confinement and treatment." 


The full text of the bill can be found HERE:

http://www.house.mo.gov/billtracking/bills141/billpdf/intro/HB1741I.PDF

So, what does this bill mean? Well, if you are convicted of an offense in another state that Missouri considers a sexually violent offense, and if you commit a "recent overt act," and you come to Missouri, you could be detained pending a civil commitment.

What is a "recent overt act"?

5. For the purposes of this section "recent overt act" means any act that creates a reasonable apprehension of harm of a sexually violent nature.

So what is a "sexually violent offense"?

"Sexually violent offense", the felonies of rape in the first degree, forcible rape, rape, statutory rape in the first degree, sodomy in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes, or child molestation in the first or second degree, sexual abuse, sexual abuse in the first degree, rape in the second degree, sexual assault, sexual assault in the first degree, sodomy in the second degree, deviate sexual assault, deviate sexual assault in the first degree, or the act of abuse of a child involving either sexual contact, a prohibited sexual act, sexual abuse, or sexual exploitation of a minor, or any felony offense that contains elements substantially similar to the offenses listed above...

So the bill is a bit confusing. At first glance, it seems the bill only seems to apply to someone who is currently incarcerated.

But the fact that Missouri is looking to civilly commit ANY registrant, no matter the circumstances, when the conviction is NOT a Missouri conviction is just plain stupid.

Cherokee County Sheriff Roger Garrison compares sex offenders to "serial killers"

Georgia state rep. Sam Moore deserves a medal. Sheriff Roger Garrison deserves a Shiitake. Sheriff Garrison thinks sex offenders (or "sexual predators" as he puts it) feels sex offenders are on the same level as serial killers. Funny, I think uneducated backwater sheriffs are on the same level of KKK members. Yes I went there but I needed a way to incorporate the sheriff's KKK costume mishap somehow.

http://cherokeetribune.com/view/full_story/24620149/article-Bill-would-allow-sex-offenders-at-schools

Bill would allow sex offenders at schools
by Joshua Sharpe February 21, 2014 

CANTON — Brand new state Rep. Sam Moore (R-Macedonia) is pushing a sweeping law that would allow registered sex offenders to go anywhere they want — even to schools.

Moore, in his first week in office, has turned in a bill that would overturn the crime of loitering and make it so registered sex offenders who aren’t otherwise barred from going to schools or places children gather could go to those places freely.

“I am OK with that,” Moore said Thursday, adding that he meant only those who were off parole and not barred from those places. “The reason I’m OK with that is the assumption is they have done their time. If they’re still a danger to society, they should not be free. … Am I saying it’s not creepy? It’s definitely creepy.”

Moore is the sole signer on House Bill 1033, which also prohibits law enforcement officers from forcing residents to identify themselves under any circumstances. Moore said that is a practice that violates Fifth Amendment rights to silence and was the original intent of the bill. 

According to Moore, loitering is the only law on the books that requires people to give their name, and sex offender provisions hinge on loitering.

Cherokee Sheriff Roger Garrison called the bill “simply insane.”

“In my 34 years of law enforcement I have never heard of such an insane law having been introduced,” Garrison said Friday. “Sexual predators are one of this country’s most violent (type of) offenders. If there’s any equal it would be an out-and-out serial killer.”

The sheriff said the thought of allowing sexual predators to “once again lurk around our parks, around our schools, around our swimming pools” is horrifying.

Cherokee Superintendent of Schools Dr. Frank Petruzielo also expressed concerns about the legislation. 

“The School District is strongly opposed to any legislation that would allow predators the opportunity to endanger our students, which it appears this bill would do,” he said in an email Thursday.

But Moore said he isn’t hoping to put anyone in any danger and only wants to protect the Fifth Amendment.

If officers have any other grounds besides loitering to arrest a person, Moore said he has no problem with that and he has no problem with officers questioning people who are suspicious — he just doesn’t think people should be made to talk.

The sheriff said loitering laws can be valuable for law enforcement. 

“It’s insane,” he said. “If you can’t check them, how are you going to know who they are? They could be wanted for murder down the street.”

Garrison gave the example of a woman who was murdered in a few years ago, after her killer had killed others before her. The man was found by police loitering near Lake Allatoona.

“We could not have checked him, because he was loitering,” he said. “He turned out to be serial killer. All the while he had killed people … (This) would have taken away our ability to stop asking who he was.”

Garrison also found fault with Moore’s argument that sex offenders off parole should be able to go anywhere, because a large majority of them aren’t on parole.

Former Cherokee GOP Chair Bob Rugg is another who is outraged over Moore’s proposal.

“I can’t imagine a bill like this even coming out of committee,” Rugg said Friday. “It just doesn’t make any sense to me to eliminate that shield of protection (for children). From the way I read his own comments about it, he (thinks he’s) protecting the Fifth Amendment right to silence. That’s silly.”

State Rep. Scot Turner (R-Holly Springs) read the bill Thursday and said he had no comment. State Rep. Mandi Ballinger, a longtime victim advocate, said she had no comment Thursday, other than that she looked forward to committee discussions.

Moore said he understands the bill will be controversial, but he argued that not all sex offenders are criminals in the classic sense.

“One issue is it’s extremely easy to get on the sex offender list,” he said. “To be a registered sex offender, all you have to do is go pee on a tree.”

Also to be a sex offender, Moore agreed that someone could be a child rapist, but he said “If those people are a danger then they should be locked up.”

Moore also repeatedly stressed the purpose of the bill was only to protect the Fifth Amendment in Georgia, not to give sex offenders a pass.

“My intent wasn’t to help out sex offenders and I didn’t back down because of the political ramifications,” he said. “If that means I don’t get re-elected that’s what it means.”

Moore is up for re-election in the May primary.

In the end, Garrison strongly and repeatedly said Moore’s arguments defending the bill don’t matter.

“At the end of the day, it’s all irrelevant, because the speaker of the House has a little corner for people like Mr. Moore: It’s called the ineffective corner. It’s just an embarrassment he happens to be from Cherokee County,” Garrison said.

Donna Rosele becomes the first tragedy vulture to circle the death of Hailey Owens

First off, I want to remind everyone Hailey Owens was allegedly killed by a man with no prior sex offense jacket, just some petty drug charge from decades ago. Who could have predicted this? No one. Yet that never stops 'Murica for trying to pass crazy laws in reaction to this rare tragedy.

It is bad enough we have a bevy of pols lined up to take advantage of this tragedy. But it didn't take long for the tragedy vultures to circle this case. This is where Donna Rosele comes in. Who is Donna Rosele? She runs some hair salon in Smithville, MO. Her proposal?

"This proposed petition would require an immediate death penalty after they are found guilty and/or castration of the offender."

Of course, the petition is poorly designed, but that's why we don't want hairdressers writing laws. We already elect enough idiots for that job!

http://fox4kc.com/2014/02/20/gladstone-woman-on-a-crusade-for-change-following-hailey-owens-death/

Gladstone woman on a crusade for change following Hailey Owens’ death
Posted on: 9:44 pm, February 20, 2014, by Robert Townsend, updated on: 05:49am, February 21, 2014
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GLADSTONE, Mo. — Donna Roesle is a mother of three adult kids. Hours after the murder of Hailey Owens, she organized an online petition in hopes of getting a law passed that will get tougher on criminals who commit crimes against children.

“It’s just awful that somebody can go out there and grab an innocent baby and do this,” Roesle said.
Roesle has a daughter who is expecting her first child. The outrage she felt after Owens’ sudden death has left a hole in her heart and pushed her into action.

“I just want something done. I want our children to be safe. I want my grandchildren to be safe, their kids to be safe and obviously the laws right now aren’t working,” she said.

Roesle, the owner of a Smithville beauty salon school, is now pounding the pavement and approaching her neighbors. She hopes to get as many people to sign the petition with one goal in mind.

“Sitting around doing nothing is going to do nothing,” she said.

She wants to convince Missouri lawmakers to pass a new law. It would require all convicted offenders who preyed on children to receive the death penalty or castration 30 days after the crime.

“I think anyone who takes a young child, innocent young children, and grabs them for no reason at all and rapes them, murders them or anything, I feel like without a doubt, once they’re convicted of the crime, that they should have a death sentence and castration. Immediately,” she said.

Petition co-organizer Jennifer Kerber said that the proposed punishment may give criminals pause.

“Maybe that offender or the criminal would think twice about what they’re doing if they know they’re gonna die immediately or be castrated,” Kerber said.

So far more than 5,000 people from around the metro, and states all over the country have signed Roesle’s petition.

WI Gov. Scott Walker helps to get man fired with assistance from FloriDUH pol Matt Gaetz

 There is a meme known as Godwin's Law which states that an argument is officially over when someone invokes a Nazi reference. Maybe I should invent my own meme, Logue's Law. It goes something like this-- if you are a politician and you use sex offender issues as a platform for publicity, that politician must be trying to distract from some kind of political scandal. This tactic has been around a long time. Mark Foley, Elliot Spitzer, Rod Blagojavich and Anthony Weiner all tried this tactic. Add embattled Wisconsin Governor Scott Walker to this list.

You see, Scott Walker has been in the news for a series of scandals, including racist emails and a campaign finance probe is just the tip of the iceberg. What better way to distract voters than with sex offender topics? Enter Daniel Montaldi, the scapegoat for last year's Cherish Perrywinkle fallout. Montaldi was head of FloriDUH's civil commitment program, until the Sun-Slantinel's Shiitake-worthy article accused Montaldi of being too "sympathetic" to registered persons and **gasp** stating sex offenders have low recidivism rates. So he was sacrificed as a scapegoat.

So Montaldi moved on to find a job in Wisconsin. But then a Floridiot legislator commented on the hire, and Gov. Walker added his two cents in. I sincerely hope Montaldi sues both of these individuals for this unnecessary interference in a hire of an individual who happens to believe in rehabilitation and low recidivism.

http://www.jsonline.com/news/statepolitics/scott-walker-looking-to-fire-new-sex-offender-administrator-b99209079z1-246164901.html

Madison — Gov. Scott Walker's administration Wednesday dropped a controversial new hire charged with evaluating sex offenders for release back into Wisconsin communities, a move that came only hours after Walker said he opposed the psychologist.

The Milwaukee Journal Sentinel first reported on the hire of Daniel Montaldi as "evaluation director" at the Sand Ridge Secure Treatment Center, a state facility for sex predators. Montaldi, who was to evaluate sex offenders and recommend to court officials which ones should be released, resigned from his post running Florida's sex predator program six months ago because he was seen as being too sympathetic to offenders.

"The Department of Health Services has rescinded the verbal offer of employment made to Daniel Montaldi for the Psychologist Supervisor-Chapter 980 (Evaluation Unit Director) position at Sand Ridge Secure Treatment Center," agency spokeswoman Stephanie Smiley said late Wednesday.

Smiley said Montaldi hasn't received any salary or payment from the state.

"The department will continue to protect the public by operating the program with existing resources as it has during this vacancy. Next steps for recruitment of this position have yet to be determined," she said.

Only hours before on Wednesday morning, Walker told reporters he wasn't happy about the hire of Montaldi and said it would be tricky firing him since he wasn't a political appointee under his direct control.

"I wasn't pleased with it. It's a civil service hire so ... the last two days we've been looking at what legal means we have to try to seek an alternative there," Walker said. "My hope is we'll have an answer by the end of today to do that."

Walker made that statement just as Wisconsin lawmakers began to look critically at the Montaldi hire.

Rep. Joel Kleefisch (R-Oconomowoc), chairman of the Assembly Committee on Criminal Justice, said late Tuesday that he hadn't researched Montaldi and didn't know him or his record beyond news accounts.

But "what I have read about him would give me extreme pause about whether he's the right person to ensure serious sex offenders are kept off the streets and away from our children," Kleefisch said.

Florida state Rep. Matt Gaetz said this week that he admired Walker but didn't think much of the Montaldi hire.

"This is a guy who has a catch-and-release approach to violent sexual predators," said Gaetz, a Fort Walton Beach Republican and chairman of the House Criminal Justice Subcommittee. "Mr. Montaldi is a bad egg. We're just glad he's out of Florida."

Smiley said earlier this week that the governor and his staff weren't involved in the selection of Montaldi and that he was chosen as part of a civil service hiring process.

Montaldi came under fire from Gaetz and other Florida lawmakers last year when the Ft. Lauderdale Sun-Sentinel wrote a three-part series examining problems in the state's sex predator program.

The newspaper found the number of potential predators identified by the state dropped by more than 50% under Montaldi's leadership. The paper also publicized an essay that Montaldi wrote in which he said he believes sex offenders as a group are "statistically unlikely to reoffend."

Wisconsin officials at first defended their decision to hire him, referring to the problems in Florida as "an aberration that resulted from factors beyond his control." Initially, Walker's office referred questions about Montaldi to the state Department of Health Services.

Montaldi has not returned calls to his Florida phone number and didn't immediately return a phone call Wednesday.

On Monday, Gaetz — whose father is president of the Florida Senate — said Montaldi resigned shortly after his chief of staff was informed that Montaldi was being called before the Criminal Justice Subcommittee to answer for recent failures in the state's violent sex offender program.

Montaldi does have an impressive résumé, Gaetz said. But Montaldi's track record should be apparent to anyone interested in hiring him, the Florida lawmaker said.

Note to DAVID J. NEAL of the Miami Herald: Stick with SPORTS writing

In the world of potential Shiitake Award winners, I should never have to add a sports writer to the list of nominees. However, when said sports writer makes it a point to embarrass an individual being honored because he is a registered citizen, that is Shiitake-worthy.

David J. Neal is a Miami Herald sports writer. He should be writing stuff about LeBron James's latest crying fit or about how the Jacksonville Jaguars will likely go 0-16 next season. Instead, he gives us a very scary story about a registered citizen who-- gasp-- throws out a first pitch at a college baseball game! I know, run for the hills, right?

So far, the state of FloriDUH is having quite a monopoly in this year's Shiitake awards. I have a feeling we're not through picking on FloriDUH, America's wang.

http://www.miamiherald.com/2014/02/17/3942688/former-fiu-baseball-star-who-threw.html

Former FIU baseball star who threw out first pitch for 2014 season is registered sex offender 

BY DAVID J. NEAL
DNEAL@MIAMIHERALD.COM

Dennis Wiseman, a former FIU pitching ace, received the honor of throwing out the first pitch of FIU’s baseball season Saturday afternoon. That’s also Dennis Wiseman, registered sex offender since 1997, when he was charged with unlawful sexual activity with a minor.

An FIU spokesman told the Miami Herald the decision to have Wiseman throw out the first pitch was made by FIU baseball coach Turtle Thomas, and Thomas would only answer questions Monday about the 4-0 Panthers.

A source close to FIU told the Miami Herald that Wiseman also has gone on the team plane during football road trips, something with which Thomas has no connection.

An FIU spokesman said director of sports and entertainment Pete Garcia was not available for comment.

Wiseman pitched at FIU from 1986 to ’89, winning 32 games, which is still the second most in school history, and set a still-standing school record of 464 innings pitched. His four career shutouts rank second in FIU history.

After Wiseman graduated from FIU with a degree in criminal justice, the St. Louis Cardinals selected him in the 30th round of the 1989 Major League Baseball Draft.

Wiseman bounced around the minor leagues for seven seasons, peaking at the Triple A level in 1993 when he went 7-9 with a 5.06 ERA for Louisville.

In May 1997, North Miami police arrested Wiseman, then a teacher and assistant baseball coach at North Miami High, and charged him with three counts of unlawful sexual activity with minors, the charge when the adult is 24 years old or older and the minor is 16 or 17. It’s a second degree felony.

Wiseman, who was 29 at the time, was accused of having sexual encounters with a 16-year-old student. Wiseman paid his $22,500 bond and later entered a plea of not guilty.

In August 1997, however, Wiseman changed his plea on all three counts and the case ended with a finding of guilt with an order withholding adjudication that included probation with special conditions.

Wiseman’s five-year probation ended in 2002, but he’s still required to keep law enforcement abreast of his residences as a sex offender.

According to his LinkedIn profile, starting in 1999, he spent 4 1/2 years with Florida United Radiology as project manager, then nine years with Radiology Associates of South Florida as chief operating officer.

Attempts to reach Wiseman by phone Monday night were not successful.

Addendum: If this article wasn't silly enough, David Neal himself responded in an email defending his idiotic article: 

 "Because it was adjudged to be of news value when a large public university gives even the minor honor of throwing out the first pitch to someone with that crime on his record.  Some very vocal people had the same reaction as you. Others had the "What were they thinking?" reaction."

Actually, what was the Miami Herald thinking hiring this mediocre sports writer in the first place?

Shana Rowan's "I Love a Sex Offender" blog has modified the headline to more accurately depict the angle David J. Neal was really trying to imply with this article:

Courtesy of Shana Rowan's "I Love a Sex Offender" Blog

FloriDUH State Rep. Matt Gaetz wants us to forgive his past while condemning others

FloriDUH state rep Matt Gaetz has a mugshot online from a 2008 DUI arrest. Of course, he got off without enduring the same sanctions as the rest of us would for refusing a breathalyzer.

And yet, while Gaetz wants us to ignore his own past, he is using sex offenders as his platform for his reelection campaign.

Matt Gaetz already has a nomination for dumbest quote, but now that he is blatantly using sex offenders as a political platform, in addition to a recent article criticizing Wisconsin's hire of the former director of FloriDUH's SVP program, who was forced out after last year's Shiitake-worthy Sun-Slantinel article. Matt Gaetz should probably focus on not drinking and driving, or maybe his support of medical marijuana. I can see FloriDUH being the next state to legalize pot. They're obviously high down there.

http://www.wxow.com/story/24745692/2014/02/17/florida-lawmaker-says-dhs-should-face-tough-questions-about-its-new-sex-offender-evaluation-director#.UwPqZa8At_k.blogger

Florida lawmaker says DHS should face "tough questions" about its new sex offender evaluation director

Posted: Feb 17, 2014 4:00 PM EST
Updated: Feb 17, 2014 4:12 PM EST


MADISON (WXOW) -- The man hired to be the new sexual offender evaluation director for the Wisconsin Department of Health Services (DHS) resigned from a similar position in Florida last September, after defending the rights of sex offenders and allowing the number of offenders tagged as "sexual predators" to drop by more than half under his watch.

A DHS spokesperson says the agency has selected Dr. Daniel Montaldi to head up sex offender evaluations at Sand Ridge Secure Treatment Center in Mauston, but notes that the "hiring process is not complete."

Sand Ridge specializes in treatment services for offenders committed under Chapter 980, Wisconsin's sexually violent persons law.

Dr. Montaldi last served as the lead administrator for Florida's Sexually Violent Predator Program.

He resigned that position one day after the Florida Sun-Sentinel newspaper wrote an article raising questions about is views and record.

As in Wisconsin, Florida law allows the state to keep sexual predators locked up after their prison sentences end.  Dr. Montaldi was in charge of the staff that would evaluate those offenders before they were released and recommend those likely to re-offend for continued confinement.

According to the Sun-Sentinel, the number of sex predator recommendations dropped considerably under Dr. Montaldi.  In the year before he became director, the program flagged 213 offenders as potential predators.  In the year under Dr. Montaldi's direction, that number dropped to 86.

"We learned that Florida had been releasing violent sexual predators under Mr. Montaldi's watch and that those violent sexual predators were re-offending, sometimes even the day or the same week they were released," Florida State Rep. Matt Gaetz (R-District 4) said on Monday.

Rep. Gaetz is the Chair of the Florida House Sub-Committee on Criminal Justice, who says he found not only Dr. Montaldi's record troubling, but also his comments on the civil rights of sex offenders.

The Sun-Sentinel reported that in an August 2013 email to members of the Association for the Treatment of Sexual Abusers, Dr. Montaldi wrote:  "The value of liberty in a free society must also extend to society's most feared and despised members.  The civil rights of even sex offenders is still an important moral value."

"I think the people of Wisconsin should have a lot of questions about somebody that was essentially run out of the State of Florida because he used a position as an administrator with our sexually violent predator program to increase the propensity for releases for some very, very dangerous people," said Rep. Gaetz.

But in its statement, DHS downplayed those concerns.

"Dr. Montaldi has experience, expertise and philosophies that align with the Department's role under Chapter 980 with regard to the treatment and supervision of sex offenders as well as sex offender re-offense risk assessment.  He is widely recognized as a content expert in risk assessment and we are eager to have him join our staff," wrote DHS Spokesperson Stephanie Smiley. 

Smiley said that because the hire is not yet complete, she cannot confirm a start date or salary for Dr. Montaldi, but says the starting salary for the position was listed to go as high as $122,316 annually.

Who is exploiting who here? David Jolly for CON-gress gets endorsement from greasy Mark Lunsford

Between a pandering politician and Mark Lunsford, it is hard to tell who is the biggest leech. Florida lobbyist (my how the Shiitakes LOVE those wacky FloriDUH lobbyists) David Jolly is seeking your vote for US Congress. And he's already pulling out the sex offender trick to bring attention to himself. We all know that when a politician runs on this platform, that means he had little else to offer.

The link has the political ad embedded in the article. Keep the TP handy.

http://www.tampabay.com/blogs/the-buzz-florida-politics/mark-lunsford-weighs-in-for-david-jolly/2165123

Mark Lunsford weighs in for David Jolly 
Adam C. SmithAdam C. Smith, Times Political Editor
Tuesday, February 11, 2014 5:09pm

Mark Lunsford, whose nine-year-old daughter Jessica was murdered in 2005, stars in a new TV ad for Republican congressional candidate David Jolly, who helped Lunsford in his efforts to protect children.

Jolly explains his involvement in a email to supporters and would-be supporters: "Most of us know the tragic story of Mark’s loss.  His nine-year-old daughter Jessie lost her life at the hands of a child predator who lived in the neighborhood.  I’ll never forget my first conversation with Mark.  I approached him to express my condolences and to offer my encouragement for the good work he was doing to enact Jessica’s Law in states across the country and to fight for increased federal law enforcement resources through passage of the Adam Walsh Act.  When I asked Mark what he was doing in Washington that week, he replied simply, “I’m up here lobbying for some appropriations.”  Mark was referring to his efforts to secure funding for the U.S. Marshals Service to go after absconders from the sex offender registry."

A year's worth of Shiitake-worthy quotes in one super fudge-packed article

Where to begin? Digesting this will give you mental constipation for a month. There are so many stupid quotes here, it is hard to pick the worst.

http://highlandstoday.com/hi/local-news/senator-sheriff-seek-greater-control-of-sex-offenders-20140123/

Senator, sheriff seek greater control of sex offenders
Gary Pinnell | Highlands Today 
Published: January 23, 2014   |   Updated: January 23, 2014 at 07:42 AM

SEBRING - The number of sex offenders in Highlands County is growing: 130 in 2010, compared with 139 in 2013.

Even worse, predators - who have committed sexually violent offenses - have nearly doubled, from 14 three years ago to 23 in October 2013, according to Sheriff Susan Benton.

That's one reason why Sen. Denise Grimsley, R-Sebring, has sponsored SB 522.

"The current Sexually Violent Predator Program was found to have weaknesses that allowed some sexually violent predators to avoid evaluation and civil commitment," Grimsley said. "These weaknesses were raised in the Sun Sentinel series."

The South Florida Sun Sentinel reported on Aug. 20, 2013 that nearly 600 sexually violent predators had been released, only to be convicted of more than 460 new child molestations, 121 rapes and 14 murders.

In an unusually bipartisan and bicameral effort last week, five bills moved through two House and two Senate panels, including the Committee on Children, Families and Elder Affairs, of which Grimsley is a member. The House Criminal Justice Subcommittee completed the effort by approving the proposals, which will be taken up by the full Legislature in the spring.

"Ladies and gentlemen, you're witnessing the beginning of landmark legislation," said Rep. Ray Pilon, R-Sarasota.

Lawmakers focused on the June murder of 8-year-old Cherish Perrywinkle in Jacksonville. Donald Smith, 57, was accused of abducting, raping and strangling her just three weeks after being released from jail on another sex offense. This time, prosecutors will seek the death penalty.

"In the Perrywinkle case, let's be clear: the system failed," lobbyist Ron Book told the House panel.

After release from prison, the state already can civilly commit a sexual offender for treatment if he or she is likely to commit another offense. However, the five bills will plug holes in that civil process. First, said Grimsley, her SB 522 "expands the criteria for civil commitment consideration to include offenders who are serving a sentence in county jail and who have a history of committing a sexually violent offense.

"Second, in certain circumstances, the bill will allow placement of persons who have been inadvertently released from custody without evaluation into civil detention for evaluation," Grimsley said.

"Third, the multidisciplinary teams within the Department of Children and Families will be expanded to include assistant state attorneys, law enforcement officers, and victim advocates," Grimsley said. One must be a licensed psychiatrist or psychologist. The team weighs not just sexual offenses, but attempts, solicitations and conspiracies.

"This is intended to help the evaluation teams make better decisions as to whether the person is a sexually violent predator who is likely to commit new sexual crimes unless kept in secure confinement," Grimsley said. Finally, the bill requires that the local sheriff will be notified upon release of a predator back into the community.

"We are very involved with the monitoring of these offenders," Benton said. Deputy Cara Mosely tracks every offender, and the sheriff's office publishes an annual report of sexual offenders in the community and inserts a copy into newspapers.

"We also have Offender Watch, which is accessible from our website, where citizens can see everything and also sign up for email notices of any movement of offenders around whatever address they enter," Benton said. "It could be their home, their child's school or day care."

"If we've learned anything from the evidence, it's that many individuals who specifically go out and target the most vulnerable among us are simply wired differently," said Chairman Matt Gaetz, R-Shalimar. "And I would like to see them behind bars for 50 years - minimally."

"If there is an opportunity to give them the death penalty, I would be all for it," said Rep. Kionne McGhee, D-Miami.

The News Service of Florida contributed to this story

gpinnell@highlandstoday.com

863-386-5828

Anna Canzano kicks off the 2014 Shiitake Awards season

I haven't even finished finalizing the 2013 Shiitake Awards, but Anna Canzano of KATU News is already starting the new year by using sex offender issues for ratings. Canzano is already a veteran to this site, but this may be her worst effort to date. Long story short, Canzany harasses a registered citizen for allegedly helping to work on a company Facebook page. Wow.

What she actually did was a crime. Will the police lock her up? They should.

http://www.katu.com/news/investigators/Sex-offender-declines-to-talk-about-why-he-has-prohibited-Facebook-page-238550691.html


Sex offender refuses to talk about why he has prohibited Facebook page

By Anna Canzano, On Your Side Investigator Published: Jan 2, 2014 at 10:32 PM PST Last Updated: Jan 3, 2014 at 12:49 PM PST

PORTLAND, Ore. -- His name is ******, and he's not exactly pleased to see us. He's showing up to check in with his probation officer downtown, ordered to appear because of what we found and shared with Multnomah County authorities.

I introduce myself and ask him why he's using Facebook when he's not supposed to, because he is a convicted sex offender. He accuses us of harassing him then flees from the camera.

At first glance, *****'s Facebook activity looks normal enough -- a normal profile, with some photos of Miller with family and friends. Among his “likes,” the bikini barista stand, Twin Perks Espresso. 
The profile is linked to a company page called ******.

The problem with both of these pages? Convicted sex offenders are not allowed to use Facebook, according to the company's policies, and ***** was convicted of second-degree rape in 2002. He served nearly nine years in prison and has been on probation ever since. He’s also been ordered to do community service.

In May last year, *****s probation officer learned he'd created a Facebook page for his company and told ***** to take it down. Multnomah County spokesman David Austin told me ***** complied. But here we are eight months later and ***** has not only a company Facebook page but also that personal profile.

I got a hold of **** by phone earlier in the day Thursday. I wanted to know if he was aware of Facebook policy, if it was of concern to him, and whether there was some term of his supervision that prohibited him from using social media.

He told me, "I'm not at liberty to comment on a criminal record I may or may not have. I work for a company that manages a Facebook page."

Within an hour after we spoke, his personal profile had been changed. The personal photos were gone; it suddenly looked a lot more like his company page.

I contacted Multnomah County to learn the rules of his probation. That led to his required appearance downtown and Mr. Miller running away from us.

Late in the day, I was contacted via Facebook by someone alerting me to yet another Facebook page ******apparently manages for a company called *****. There are multiple photos of Miller on the page and multiple indications he runs the page. I'll be sharing this new information with Multnomah County.

Based on what I'd already told them, county spokesman David Austin says ***** will likely be punished with community service.

At last check, *****'s personal profile on Facebook has been removed entirely. The page for *****'s ***** remains active, as does the page for *****.

Facebook doesn't screen for sex offenders per se. It relies on users to report sex offenders to them and provide some kind of proof -- a news article, court documents -- to show someone's conviction for a sex crime.

Kevin Alan Tussy is putting the ASS in Google Glass

I can't trust a guy who looks this stupid, especially anyone who refers to himself as an "entrepreneur" (so is every street vendor and dope boy in town), much less an "angel investor." Angel investor has to be the silliest thing I have ever heard!

By the way does Tussy rhyme with pussy?

Anyways, the gist is this asshat is ignoring Google's ban on facial recognition software and releasing a software that will allow you, in theory at least, to scan faces to see if someone is a sex offender. The software is a flop in practice but it is Shiitake Worthy nonetheless.

http://www.complex.com/tech/2013/12/google-glass-sex-offender-app-nametag

New Google Glass App Can Recognize Up to 450,000 Sex Offenders so You Know When to Run
BY J. DUAINE HAHN | DEC 20, 2013 | 1:27 PM | PERMALINK
     
Though Google has banned facial recognition from Google Glass, one company is throwing that to the wind and is doing their own, anyway—and it's specializing in sex offenders.

NameTag, the Nevada-based company, has developed a Glass app that can recognize up to 450,000 sex offenders, and pulls its data from FacialNetwork.com. “I believe that this will make online dating and offline social interactions much safer and give us a far better understanding of the people around us,” said NameTag’s founder Kevin Tussy. “It’s much easier to meet interesting new people when we can simply look at someone, see their Facebook, review their LinkedIn page or maybe even see their dating site profile.”

For all of you sex offenders out there that would rather your information not be made available on the app, there is a way around it. “People will soon be able to login to http://www.NameTag.ws and choose whether or not they want their name and information displayed to others," Tussy says, "It’s not about invading anyone’s privacy; it’s about connecting people that want to be connected. We will even allow users to have one profile that is seen during business hours and another that is only seen in social situations. NameTag can make the big, anonymous world we live in as friendly as a small town.”

If you're wondering how NameTag will be available on Glass though Google has banned facial recognition, it's because users can still jailbreak the device to do so, and Google has released instructions on how to do it. 

So, the next time you're out at a bar, you'll be able to quickly recognize if the dude your chick friend is talking to is a major concern. Well, that's if Google Glass doesn't keep getting banned from bars, that is. 

Sally Kestin and Dana Williams are the Beavis and Butthead of the Sun Sentinel

 Beavis and Butthead are all grown up, got sex change operations, and found jobs at the Sun Sentinel. Well, maybe not, but the reporting of Kestin and Williams remind me of the episode where Beavis and Butthead work in a real estate office for a day. That's the only explanation for this turd that was recently passed off as investigative journalism.

Worst of all, their yellow journalism set off a panic in FloriDUH, causing the head of the state's sex offender program to resign and be replaced with a prosecutor with no psychology training. only in FloriDUH!

INVESTIGATION
“Sex Predators Unleashed,’’ an 8-month Sun Sentinel investigation published Aug. 18, found shocking failures in a Florida law meant to protect the public from repeat sex offenders. Rapists and pedophiles freed by the state went on to molest 460 children, rape 121 women and kill 14.Read the investigation.

RESPONSE
Reaction reached across Florida. Outraged readers wrote letters, with one calling the series “one of the most disturbing exposes I have ever read. ’’ Don Ryce, the father of the boy in whose memory the law was passed, said: “Something needs to be done. I want Jimmy's law to work the way it was supposed to work in the beginning." Read more.

RESULTS
The Florida Legislature immediately began working on wide-ranging reforms. The head of Florida’s Sexually Violent Predator Program (left) resigned, and the state tightened its sex predator screening procedures to emphasize public safety. Read more.

Sally Kestin

Dana Williams

Maxine Bernstein turns The Oregonian into the Weekly World News

There is a difference between ignorance and stupidity. Ignorance is the lack of knowledge on a subject, mainly the result of inexperience or total lack of exposure on a topic. Stupidity is when you continue a pattern of beliefs or behavior after given extensive knowledge on the subject at hand.

When The Oregonian promoted an upcoming expose on sex offenders by offering a sneak preview of the story on Oregon Live, they were kind enough to put enough info out there to help people like me know exactly what the article is about. So a number of legal reformists, including myself, flooded Oregon Live (The Oregonian's website) with the facts.

It certainly got enough attention that Oregon Live posted an article just on the early comments. Again, not bad, and Maxi sounded receptive to the facts.

But in the end, she still went for shock value over facts by writing her poorly researched article "Sex Offenders in Oregon: State Fails to Track Hundreds." This fluff was an ad disguised as a news article. In addition to relying on a "per capita" rate to fool readers into thinking Oregon is a "sex offender haven," she boldly stated Oregon is one of the worst states for complying with the federal clusterfuck that is the Adam Walsh Act. (Of interesting note is the county with the highest per capita rate, Harney Co., has a population of less than 8000 people and 73 registrants in a land mass the size of Vermont).

This turd was followed by five anecdotal examples of failure to register cases that Maxi argues would not have happened if Oregon would adopt the "federal standards."

And yesterday, Maxi follows up with another anecdotal example on reservation land, and claiming, "That's because a loophole has kept his tribal sex offense record out of Oregon's criminal database." She glosses over the fact that the tribe is AWA compliant. So much for that federal guideline!

Maxi Bernstein is beyond the point of mere "ignorance." This kind of reporting is stupid. And Shiitake-worthy.

Bubba the Contraceptive Sponge mimics FloriDUH sheriff, posts illegal harassment signs

If there was ever a waste of airspace, it is Todd Alan Clem, better known by his legal name Bubba the Love Sponge Clem. Just who is this clown? Some lowlife wannabe Howard Stern whose only real claim to fame besides being a douchebag is his relationship with wrestler Hulk Hogan; Bubba apparently has such a mancrush on Hulk Hogan, Bubba let Hogan sleep with his bimbo wife and video tape the event. There's also the myriad of allegations that SpongeBub is a RACIST. Of course, there was that one time Bubba went after Mark Lunsford, and that was funny as hell. But he's so grating, no one wants to run his show on their stations.

My guess is this latest stunt by SpongeBub Squarepanties is an attempt to distract us from his latest racism controversy much like the Mayor West-Dig Em the Frog incident (from Family Guy if you don't know the cultural reference). I dare that SOB to come to my place and do this.

http://www.wfla.com/story/23769426/radio-personality-warns-communities-about-sexual-offenders

Bubba the Love Sponge warns communities about sexual offenders
Posted: Oct 23, 2013 1:39 PM EDT
Updated: Oct 23, 2013 4:14 PM EDT
By Jeff Patterson - bio | email

HILLSBOROUGH COUNTY, FL -
It's nearly Halloween. A time for little ghouls and goblins to dress up for Trick or Treat.

Tampa radio personality Bubba the Love Sponge is worried about some real scary people.

Bubba asked listeners to let him know where sexual offenders are located in their neighborhoods.

He says he then went onto the FDLE web site to verify the information and went says he went one step further to verify the offenders information on individual county law enforcement web sites.

Bubba then had yard signs printed on a red background with bold white letters that notify people that a convicted sexual predator lives at the address.

Bubba says, "This is the season that a lot of kids are going to be running in a lot of peoples neighborhoods. Ok, things like that and I just want to bring public awareness to where these people, that have been convicted in a court of law, for some type of sexual deviant live."

Each year, local law enforcement officers knock on the door of sexual offenders to verify their address and to remind them not to hand out candy at Halloween.

Bubba says, "Your kids need to stay away from this address, not just October 31st, but year around, but particularly next week."

As Bubba placed yard signs in one Hillsborough County neighborhood, he quickly drew a crowd.

People recognized him and wanted to come shake his hand.

Most in the neighborhood support what he is doing.

Candy Derolf lives in the neighborhood where Bubba placed the signs.

Derolf says, "I think it's a good idea, it's great. Cause we have a lot of young, young kids around here that unfortunately get around a lot by themselves."

Moments after Bubba left the area, one man came out of his home to take the sign out of his yard.

The man explained to a news crew, " I'm a sexual offender, not a sexual predator. Bubba got it wrong, there's a difference you know."

Assistant US Attorney Bruce M. Ferg feels putting a ten year old kid is the "best thing that could have happened to the kid."

A ten year old boy is prosecuted in federal court and is forced to register as a sex offender, and the man responsible for prosecuting him says this:

"My opinion is this is the best thing that could've happened to the kid..."It is not vague to say, 'If you do this kind of activity, we don't care what age you are, you are liable for prosecution.' "" --  [Zusha Elinson (Oct. 7, 2013). Federal Youth Case on Trial: Prosecution of 10-Year-Old on Sex Charges Stokes Debate Over Juvenile Justice. WSJ]

Wrap your mind around that for a minute. I would just love to ask this smug son of a bitch how putting a child on the sex offender registry is the "beat thing that could've happened" to this kid. 

If you want to write this asshat:

Bruce Ferg

United States Attorney's Office

405 W Congress St Ste 4800

Tucson, AZ 85701

Office: 520-620-7300

Is Neil O'Brien of Fresno State Valigator's illegitimate son?

This guy is Neil O'Brien. He is a student "Senator" at Fresno State University. He is also a guy with a bit of a checkered past. A couple of years ago, he started an anti-immigration campaign. His hatred of Hispanic people was so pronounced, he apparently threatened faculty members:

http://www.fresnobee.com/2011/09/01/2520890/student-hires-lawyer-to-fight.html

Neil O'Brien arrived at Fresno State in fall 2010, and before the semester was over he had spearheaded a conservative movement aimed at driving out illegal-immigrant students and challenging what he calls radical ideas espoused by Fresno State administrators.

Now he has gone a step further. After Fresno State took disciplinary action against him for allegedly threatening two faculty members in the Chicano and Latin American Studies Department, O'Brien hired a lawyer.

I'm amazed this clown is even allowed on-campus after that fiasco. But now he managed to get on student council. How that happened was beyond me. He reminds me a lot of that idiot Valerie Parkhurst. Who knows? This may be one of her bastard children.

At any rate, he sought out a group he could harass and get away with, so he settled on registered citizens. He tried in vain to pass a resolution to harass... er, "disclose the identity" of registrants going to classes:

http://collegian.csufresno.edu/2013/09/19/asi-sex-offender-resolution-rejected/

Neil O’Brien, senator for the College of Health and Human Services, said he wrote the six-page resolution in an attempt to protect students at Fresno State.
“If a criminal is required to register as a sex offender, they’re required to register because there’s a need-to-know basis,” he said. “There’s a need for closer monitoring of these kinds of people, especially considering the rate of re-offense.”
But not all of O’Brien’s fellow senators agreed. Six ASI members voted against the resolution, while four voted for it.
Kaitlyn Sims, senator of the Craig School of Business, voted against the proposal because she said it might infringe on the constitutional rights of registered sex offenders, who she said are a protected class under the U.S. Department of Labor.
“How does this [resolution] avoid discriminating against what is now, in the federal government’s eyes, a protected class?” she said. “If we’re ruling this, we are discriminating against a class that we’re presuming will be re-offending. In essence, we’re basically saying that they’re guilty until proven innocent.”
Additionally, Sims and other ASI senators feared that identifying sex offenders on campus might trigger violent backlash against them.

Thankfully the student body had some sensible people. O'Brien has no reservations about exposing his true intentions:

This guy has issues. But is he Shiitake Worthy? The elections will be here before you know it.

Jay Nixon exemplifies why people refer to Missouri as "Misery"

Misery Governor Jay Nixon wants to keep children on the registry. It makes me wonder what kind of money he is getting to keep kids on the registry? Hopefully the legislature will do the right thing and override his veto.

http://www.dailyjournal.net/view/story/705ea55f587443798e5e5000bf6f80b0/US-Sex-Offenders-Missouri/

In May, the Legislature overwhelmingly passed a bill that would strike juvenile offenders from public-notification websites and eventually allow their removal from the sex-offender lists compiled by police.

Missouri Gov. Jay Nixon vetoed the bill earlier this summer, warning it could endanger the public by hiding the whereabouts of violent sex offenders. But the battle is not over. Missouri lawmakers are to convene Wednesday to consider overriding the veto.

The juvenile sex offender legislation originally passed the House 153-0 and the Senate 28-4. As recently as last month, House Speaker Tim Jones said the bill seemed "ripe for an override." But as Nixon has traveled the state defending his veto, some lawmakers began having second thoughts about their support for the bill and the potential ramifications of an override.

Ron Book Jr. (Lauren Book) is pimping Cherish's Law

First off, lets NEVER forget that Laren Book-Lim, aka Ron Book Jr., was just as much responsible for the Julia Tuttle Causeway debacle as her crooked lobbyist/ convicted criminal father Ron Book. A picture is worth a thousand words (just not worth what Getty is charging). 

So now Lauren Book is getting in on the Cherish's Law. What's a Cherish's Law? No one knows! It is just a petition started by a bunch of paranoid soccer moms 

So now, Lauren Book is spewing the same tired DEBUNKED MYTHS, like the claim of 117 victims on average myth. The irony is the laws Book supported increases crime. In other words, she MAKES "time bombs."

[Source: Jones, Brittany. "Petition gains support for 'Cherish Law.'" WTXL-ABC-27. Web. 3 Sept. 2013. <https://owl.english.purdue.edu/owl/resource/747/08/>]

http://www.wtxl.com/news/petition-gains-support-for-cherish-law/article_d6793758-14e5-11e3-b07f-0019bb30f31a.html?_dc=45450574718.41574

"That's really what we're seeing with these petitions, everybody being passionate and standing up around the issue and working together to protect our children," said Lauren Book.

Lauren Book, the founder of Lauren's Kids for victims of childhood abuse supports tougher laws to keep those who commit those crimes behind bars longer.

"These monsters can be put away for the rest of their lives, they murder children's childhood, my childhood was taken from me," said Book.

"In so many instances these individuals should never ever be allowed out for a second chance, they're ticking time bombs, its not a questions if they a re-offend, it's a question of when they re-offend," said Book.

Senator Julia Lynn needs to re-research residency restriction laws

My condolences to my readers in Kansas, but you live in a boring ass state. That being said, at least Kansas has held a longstanding policy against residency restrictions. And state senator Julia Lynn was part of the reason why Kansas pass a moratorium against such laws.

Here is Julia Lynn in a 2007 article about why she voted in favor of the statewide mortorium on residency restrictions:

http://cjonline.com/stories/020907/sta_146319900.shtml

Sen. Julia Lynn, R-Olathe, said it is a matter of education. She said she probably was in favor of restrictions when she first came to the Legislature.

"But then I received all this information that most people don't get to see, and I have to vote based on that. (Restrictions) just don't work," she said.

Sen. Lynn voted this way because of the RESEARCH:

According to Roger Werholtz, secretary of the Kansas Department of Corrections, certain restrictions destabilize sex offenders by removing them from family networks, employment and housing. "Everybody agrees we want to keep kids safe, but the reality is these laws make things worse," he said.

Iowa passed a 2005 law that created a 2,000-foot buffer around schools and day cares, inside which registered sex offenders couldn't live. The Iowa County Attorneys Association and the Iowa State Sheriffs' and Deputies' Association have since asked for the buffer's repeal.

Werholtz said studies in Florida, Minnesota, Colorado and Arkansas also showed restrictions don't work.
"The conclusions were that there was no impact on incidents at best, and at worst they increased the possibility of reoffending," he said.

BUT, as the years gone by, Julia Lynn forgot her research. Fast forward to 2013. And now, she's in favor of residency laws:

State Senator Julia Lynn represents the part of Olathe in question. The State Senate has passed buffer zones before, but they never get final approval.

“I do think it’s a legitimate concern. I would like to see some sort of a buffer zone, I think that that is reasonable,” Lynn said...

Senator Lynn predicts residency restrictions for sex offenders will probably come up again in the next session; even though she admits law enforcement experts don’t support buffer zones because it can drive some offenders underground.

Translation: Don't let the facts get in the way of good politics.

It could be that Julia's just having a blonde moment. She needs to "re-research" this issue.

Chris Smith of NJ is using a backdoor policy to ban registrants from obtaining passports

Chris Smith of New Jersey tried pushing International Megan's Flaw to the populace a couple of years back, but it stalled. Now Smith is trying to attach this bad piece of legislation to a current bill, H.R. 2848. I wonder how deep he dug in his ass to pull this out.

http://chrissmith.house.gov/news/documentsingle.aspx?DocumentID=344968

Int’l Megan’s Law Amendment to Protect More Kids 
Smith Provision Made Part of the State Department Bill 

Washington, Aug 1 - A legislative effort by U.S. Rep. Chris Smith (NJ-04) to restrict the passports of U.S citizens who have been convicted of sex crimes against children took a leap forward today when it was unanimously approved by the House Foreign Affairs Committee.

    Smith wrote an amendment which is now part of the U.S. State Department authorization bill, H.R. 2848, which is expected to be on the House floor in September. It grants the Secretary of State discretion to limit the valid duration of passports for convicted sex offenders listed on the National Sex Offender Registry, or to revoke the passport of an individual convicted by a court of competent jurisdiction in a foreign country of a sex offense.

    “The amount of travel by known predators is staggering,” said Smith, who has worked for years with the family of Megan Kanka to promote legislation that would protect children from sex offenders. “A report released by the Government Accountability Office (GAO) found that nearly 4,500 registered sex offenders apply for U.S. passports each year. Since a passport is valid up to 10 years, some offenders can remain unwatched for years. According to the Protection Project of Johns Hopkins University, sex tourists from the United States who target children make up a significant percentage of child sex tourists around the world.” Click here to read Smith’s statement to the full committee.

    “Authorizing the State Department to restrict the passports of registered sex offenders has the ability to deter and protect,” said Smith, a leader in Congress on human rights issues, including sex trafficking of women and children. “Predators who have been convicted for sexually exploiting children have used long-term passports to evade return to the United States and have moved to a third country where they continue to exploit and abuse children. By requiring child sex offenders to renew their passports, more regularly, we can curtail the current 10-year window of unchecked travel and offer greater protection for vulnerable women and children around the world.”

    Megan Kanka, a seven-year-old from Smith’s district in Hamilton, N.J., was kidnapped, raped, and brutally murdered in 1994. Her assailant was a convicted, repeat sex offender living across the street, unbeknownst to families in Megan’s neighborhood. Due to public outcry in response to the tragedy and to hard work by Megan’s parents, Richard and Maureen Kanka, the New Jersey State Legislature passed the original Megan’s Law (NJSA 2C: 7-1 through 7-II) to require public notification of convicted sex offenders living in the community. Smith supported a federal Megan’s Law which became law in 1996 and other child protection measures.

    “In order to better protect children, this amendment would allow the Secretary of State the discretion to revoke the passport of an individual who has been convicted by a court of competent jurisdiction in a foreign country of a sex offense,” Smith said. “It also allows the Secretary the ability to determine the appropriate period of validity of any passport that is issued to a sex offender.”

    Smith authored similar legislation to protect children in 2010 called The International Megan’s Law. That bill would establish a model framework for international law enforcement notifications when convicted child sex offenders pose a danger to children in a destination country. The bill passed the full House in 2010, but the Senate failed to act on the bill.

Lynna Lai's lies

Lynna Lai is featured here today because she takes her yellow journalism to the next level. It is bad enough Lai lies to the public by using the perennial buzzword "loophole" to describe a bad law that cannot be applied retroactively. The story is made worse when she targets one registrant and begins showing the man's registry poster to the neighbors for good measure.

There is no "loophole" when the law allows one to reside where he wants.

Cleveland Sucks.

http://www.wkyc.com/news/article/309760/3/Loophole-makes-it-easier-for-sex-offenders-to-live-close-to-schools

CLEVELAND -- In two weeks, kids will soon fill the sidewalks, heading back to school. Near Cleveland's Rickoff Elementary School, young students will walk by the home of registered sex offender who lives across the street.

Another registered sex offender, whose victim was also a juvenile, lives 2 houses away from the school.

Meanwhile in Columbia Station, in Lorain county, the newest resident on Fremont Drive, is not welcome here.

"Most of the neighbors are concerned. Most of us have young children," said Chris Candella. "He's a convicted sex offender and he's living directly next to a day care."

Joseph Lapinta, convicted of unlawful sexual conduct with a minor, is now living right behind a day care -- a violation of the law.

Lapinta was defensive when asked about neighbors' concerns.

"I'm not a bad f------ guy, you know what I mean?" he said.

But Candella and his neighbors want him out of the neighborhood.

"He just keeps slipping through the system, and he's now living next door to us," he said.

Lapinta and other registered sex offenders slipping through a loophole in the law, banning sex offenders from living within 1000-feet of a school or day care. And there's not a thing that sheriff's deputies can do about it.

That's because the Ohio legislature made enforcement of the law -- up to civil courts.

Ohio Attorney General Mike DeWine says it's up to neighbors or city officials to sue the sex offender, and ask a judge to order an eviction.

"I don't want anyone to think that there isn't a remedy," said DeWine. "There's teeth in the law in the sense that a lawsuit can be brought, the person can be evicted from that house."

However DeWine agreed that the lack of a criminal penalty for violations makes it easier for sex offenders to ignore the residency law.

Using the online Cuyahoga Sheriff's Office Sex Offender Registry, Channel 3 News analyzed the number of registered sex offenders living near Cleveland public schools. We found that 63 out of 70 pre-K through 8 schools had at least one registered sex offender living within 1000-feet of school property.

A total of 166 registered sex offenders are living very close to the city's elementary and middle schools. Most of them committed their crimes before the ban took effect in 2003, so the restrictions do not apply.

However, we found 28 registered sex offenders are clearly living in violation of the law.

One of them is Radames Gonzalez, who was convicted of gross sexual imposition of a girl under the age of 13. Gonzalez now lives near Cleveland's Orchard-Halle Elementary School on the city's west side.

"Oh, heck no!" exclaimed neighbor Perry Mitchell, a father of 6 girls. "I can tell you my kids won't be going across the street."

Whether in the city or the suburbs, it's up to citizens to be aware -- by using your sheriff's department's sex offender search website.

"We tell the community to use it as an investigative tool, " said Detective Katie Oleksiak from the sex offender unit of the Cuyahoga Sheriff's Office. "Whether it's for your neighborhood, to buying a house, to even dating, or a new neighbor."

Other states with similar residency restrictions for sex offenders are now considering attaching criminal penalties for violations. Such a bill is currently pending in the New York state legislature.