New York County Outsources The Job Of Monitoring Sex Offenders

A question unanswered by any court: Can a governmental agency (County Agency here, etc.) authorize a non governmental company, entity, person/s, etc. authority to TRACK (stalk) and MONITOR (Harass) and ALLOW ACCESS TO PRIVATE DOCUMENTS of folks on state registries; affecting their constitutional rights?

Esp. when folks on registries have not personally approved the use of these WHATEVERS (companies, entities, private person/s, etc. [private non-deputized parties without legally approved background checks] and registrants have not given them authority to access private documents.)! Registry information and private documents are protected by constatutionally based state and federal law/s. Does this violate the 4th amendment? Is this legalized vigilantism?

8-25-2013 New York:

A suburban county on Long Island, N.Y., is taking a novel approach to monitoring sex offenders: It's giving the job to a victims' advocacy group.

The measure was approved unanimously earlier this year; lawmakers call it a cost-effective way to keep citizens safe. But a local lawyer calls it a "vigilante exercise," and convicted sex offenders are organizing to challenge the legislation.

'The Trackers'

___, 42, a convicted sex offender, is among those who object to the methods of Parents for Megan's Law, the advocacy group hired by Suffolk County.

___, who was convicted of sexual abuse two decades ago and is now married with two children, says one day last spring he met the people he calls "the trackers."

"I went and got coffee, and they pull up. It was a grey sedan, probably a Crown Victoria. They weren't law enforcement. But they had like a computer in the car," he says.

Two men in the car began questioning him. "I refused to give my name," ___ says. "I just continued to walk because I know the law, that I don't have to give my name."

He crossed the street and waited — and so did the two men.

"And then they left. So then I made a couple calls and said, 'Yeah, I believe I was encountered by the trackers' ... just putting other people on alert," he says. The other people, like ___, are registered sex offenders.

Legalizing Enforcement

The "trackers" are civilian employees of Parents for Megan's Law, a nonprofit organization getting close to $1 million a year to implement the law. Their role is to enforce what Suffolk County Executive Steve Bellone calls the "toughest sex offender monitoring" law in the country.

"You can expect you will have an enhanced level of scrutiny unlike anything that exists anywhere else in our country," he says.

In February, the Suffolk County Legislature approved the bill unanimously. Some, like, Democrat Kate Browning, even joked about the law's desired outcome for sex offenders: "And if they don't like it, then they know where they can go." Someone else answered, "Another county."



Lawmakers aimed the bill at what they called "predators," people who do bad things to vulnerable people. But ___ says he, and many others, aren't bad people. In 1992, when he was 21, he was convicted of the sexual abuse of a 15-year-old girl. ___ agreed to a plea deal in the case. But he claims the sex was consensual and that he thought the girl was 18.

Since then, residency laws have become more and more restrictive. After Suffolk County's latest law, he and other convicted offenders filed a lawsuit. ___ says police essentially deputized Parents for Megan's Law to "harass" sex offenders in public.

"It might be a negative impact if you just walk away from these people, which you legally have the right to do," ___ says. "But the fact that they attempt to ask you questions, just like your name, for whatever purpose, is an unlawful detention."

What makes Suffolk's monitoring unique is it's being outsourced to civilians. And not just any civilians, but to a victims' advocacy group. Larry Spirn, a local attorney who often defends sex offenders, says Parents for Megan's Law has a national reputation for being hostile to post-conviction sex offenders.

"There isn't the kind of venomous attitudes that exist between police officers and the people that they arrest. For them, it's a job," says Spirn. "That's why policing is a profession. ...It's not a vigilante exercise, and I think what we have here is an absolute vigilante exercise."

What's Left Unsaid

How Parents for Megan's Law actually goes about monitoring sex offenders is unknown. The group's executive director, Laura Ahearn, refuses to explain how they work for fear of revealing "tactical" information about monitoring.

"Representatives will and have gone to registered sex offender addresses and simply ask the registered sex offender if they can provide proof that they reside in that particular home," she says.

The contract between Suffolk County and Parents for Megan's Law does provide some safeguards. The contractors cannot carry firearms and must be former law enforcement employees. (in good standing???? UNKNOWN)

But the contract doesn't outline procedures for address verification or what constitutes "proof of residence." In other words, according to Spirn, the line between monitoring and harassing isn't drawn, neither for the sex offender nor the contractor. Ahearn declined further requests for an explanation of her group's procedures.

"These broad policies make it more difficult for offenders to live in the community," says Alissa Ackerman, a professor of criminal justice at the University of Washington, Tacoma, who specializes in sex offender management.

"When we are destabilizing offenders, when we're making it very difficult for them to find housing or very difficult to find work, we're causing more stress," she says, "and that may in the future lead to recidivism."

Ackerman says that while there are many jurisdictions like Suffolk County still creating broad, harsh restrictions against sex offenders, the national trend is the other way. More and more communities are creating nuanced laws that attempt to match restrictions with the likelihood an offender will commit another offense.

___'s lawsuit is ongoing. He is currently recruiting more convicted sex offenders to join him. ..Source.. by Charles Lane

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Transcript

JACKI LYDEN, HOST:

Let's stick with crime and punishment for a minute. A new law in New York is taking a controversial approach to monitoring sex offenders. In Suffolk County, Long Island, the job of monitoring has been given to a victims' advocacy group. From member station WSHU in Fairfield, Connecticut, Charles Lane has more.

CHARLES LANE, BYLINE: ___ is 42. He has a shaved head and can bench more than 400 pounds. He has two kids and has been married for 18 years. One day last spring, he met the people that he calls the trackers.

___: I went and got coffee, and they pull up. It was a grey sedan, probably a Crown Victoria. They weren't law enforcement, but they had like a computer in the car.

LANE: Two guys, a Crown Vic, asking questions.

___: What's my name? I refused to give my name. I just continued to walk because I know the law that I don't have to give my name.

LANE: ___ crossed the street and waited. And so did the trackers.

___: And then they left. So then I made a couple calls. I said: Yeah, I believe I was encountered by the trackers, and, you know, just putting, you know, other people on alert.

LANE: The other people, like ___, are registered sex offenders. The trackers are civilian employees for a nonprofit getting close to a million dollars a year to implement a get-tough-on-sex-offenders law. How the trackers operate is a mystery, but their role is to enforce what Suffolk County executive Steve Bellone calls the, quote, "toughest sex offender monitoring" law in the country.

STEVE BELLONE: You can expect that you will have an enhanced level of scrutiny unlike anything that exists anywhere else in our country.

LANE: The Suffolk County Legislature approved the bill unanimously. Some, like Democrat Kate Browning, even joked about the law's desired outcome for sex offenders.

KATE BROWNING: And if they don't like it, then they know where they can go. Thank you.

(LAUGHTER)

BELLONE: Other counties.

(LAUGHTER)

LANE: Lawmakers aimed the bill at what they called predators, people who do bad things to vulnerable people. But ___ says he and many others aren't bad people. When he was 20, he had consensual sex with a 15-year-old. ___ says he thought the girl was 18. He avoided jail time by pleading guilty to a sexual assault.

Since then, residency laws have become more and more restrictive. After Suffolk's latest law, he and other low-level offenders filed a lawsuit. ___ says police essentially deputized the nonprofit Parents for Megan's Law to, quote, "harass" sex offenders in public.

___: It might be a negative impact if you just walk away from these people, which you legally have the right to do. But the fact that they attempt to ask you questions, just like your name, for whatever purpose, is an unlawful detention.

LANE: What makes Suffolk's crackdown unique is it's being outsourced to civilians. And not just any civilians, but to a victims' advocacy group. Larry Spirn, a local attorney who often defends sex offenders, says Parents for Megan's Law has a national reputation for being hostile to post-conviction sex offenders.

LARRY SPIRN: There isn't the kind of venomous attitudes that exist between police officers and the people that they arrest. I mean, for them, it's a job. That's why policing is a profession and not a, you know, a - something to do when you don't have much else to do. It's not a vigilante exercise, and I think what we have here is an absolute vigilante exercise.

LANE: Spirn compares the possible repercussions to what happened between Trayvon Martin and George Zimmerman. How Parents for Megan's Law actually goes about monitoring sex offenders is unknown. The executive director for Parents for Megan's Law, Laura Ahearn, refuses to explain their techniques for a fear it will reveal, quote, "tactical" information about monitoring.

LAURA AHEARN: Representatives will and have gone to registered sex offenders' addresses and simply ask the registered sex offender if they can provide proof that they reside in that particular home.

LANE: The contract between Suffolk County and Parents for Megan's Law does provide some safeguards. Namely the contractors cannot carry firearms and must be former law enforcement. But the contract doesn't outline procedures for address verification or what constitutes proof of residence. In other words, according to Spirn, the line between monitoring and harassing isn't drawn, neither for the offender nor for the contractor. Ahearn declined further requests for an explanation about her group's procedures.

Alissa Ackerman specializes in sex offender management. She's a professor of criminal justice at the University of Washington in Tacoma.

ALISSA ACKERMAN: These broad policies make it more difficult for offenders to live in the community. But when we are destabilizing offenders, when we're making it very difficult for them to find housing or very difficult for them to find work, we're causing more stress, and that may in the future lead to recidivism.

LANE: Ackerman says that while there are many jurisdictions like Suffolk still creating broad, harsh restrictions against sex offenders, the national trend is the other way. More and more communities are creating nuanced laws that attempt to match restrictions with the likelihood an offender will reoffend.

___'s lawsuit is ongoing. He is currently recruiting more low-level offenders to join him. For NPR News, I'm Charles Lane. Transcript provided by NPR, Copyright NPR.

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