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Correctional Forum
     A PUBLICATION OF THE PENNSYLVANIA PRISON SOCIETY
                                                                                                      SUMMER 2011




Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787


MYTHS ABOUT SEX OFFENDERS CONTINUE                                                   assessments, treatment programs,
                                                                                     and halfway or permanent housing
TO INFLUENCE LEGISLATION                                                             for registered sex offenders.
                                                                                        Many of the panel’s findings are
What are the facts?
                                                                                     contrary to public opinion:
By Mindy Bogue
                                                                                                          continued on page 15
        This past May, an Allegheny        ment and employment of sex offend-
        County ordinance that prohib-      ers exist in more than 20 states and          JOIN US FOR A FREE
ited registered sex offenders from liv-    hundreds of municipalities.                     PUBLIC FORUM:
ing less than 2,500 feet from areas           The Pennsylvania Prison Society
where children congregate was struck       recently assembled a panel of crimi-        Megan’s Law and Beyond
                                                                                          Barry Zakireh, Ph.D., Moderator
down by the Pennsylvania Supreme           nal justice experts, victim-advocates,
                                                                                      Director of Adult and Forensic Services,
Court (Fross v. The County of              treatment providers, former offend-
                                                                                             Joseph J. Peters Institute
Allegheny). The local ordinance,           ers and family members. The panel’s
much harsher than Pennsylvania’s           goal is to protect the public, reduce
                                                                                       Wednesday, September 21, 2011
state law, was so strict that it forced    the prison population, support vic-              5:30 p.m. to 7:00 p.m.
these individuals to live in isolated      tims, rehabilitate offenders, and                 Reception to follow
areas where housing, employment,           safely reintegrate ex-offenders into
transportation, and supervision were       society by encouraging policies that            Earle Mack School of Law,
uncertain. While this particular law       are evidence-based, practical, fiscally              Drexel University
has been deemed illegal, similar laws      responsible, humane, and legally                Room 140, 3320 Market Street
exist throughout the country. In fact,     defensible. These include education                Philadelphia, PA 19104
laws restricting the residence, move-      and prevention programs, risk-based


THE FIGHT           FOR     RACIAL JUSTICE          IN   PENNSYLVANIA                  Correction: Page 18 of the donors list in the
                                                                                        Spring Correctional Forum incorrectly listed
Addressing Racism in Death Penalty Sentencing                                        JuaVonne D. Daishanel as a Friend of the Society.
                                                                                      The proper spelling of his name is JuaVonnié D.
By Rameerah Anderson                                                                   AmolieoDaishanel. We apologize for the error.

   "We simply cannot say we live in a      Racial Justice Act. With death penalty
                                           sentencing being highest among
                                                                                         IN THIS ISSUE
country that offers equal justice to all
Americans when racial disparities          African Americans and the growing
                                                                                     Executive Director’s Report                  2-3
plague the system by which our society     Hispanic population, only one other
imposes the ultimate punishment”           state acknowledged this dispropor-        New Visitors                                    4
—Senator Russ Feingold on Civil            tion in its death penalty population      Prisoners and Pooches                           5
  Rights as a Priority for the 108th       and did something about it. North         Korean Visitors                                 5
  Congress, Senate, January 2003           Carolina became the second and
                                           only other state to pass into law a       Philly ReNew                                6–7
       In 1998, the state of Kentucky      Racial Justice Act in 2009. In a nation   Legislative Highlights                       8-9
       became the first state to recog-    where 3,260 men and women are             New Mural                                 10-11
nize and take action against racial        serving their sentences on death row,
profiling and discrimination in death                                                Celebration Schedule                          12
                                           and the majority of those people
penalty sentencing by passing the                            continued on page 14    Bookcase                                      13



                                                    www.facebook.com/PennsylvaniaPrisonSociety | www.prisonsociety.org
Myths about Sex Offenders ...             Society panel found the research         Fact: Successful re-integration of ex-
continued from page 1                     conducted by the state of New Jersey     offenders requires housing, social
                                          to be of particular relevance to the     stability and employment. The goal
Myth No. 1: Sex offenders will            decision facing Pennsylvania. In a       of protecting the public is based, in
always repeat their crimes.               study conducted by The Research and      part, on the reduction of recidivism
Fact: Sex offenders have a low recidi-    Evaluation Unit of the New Jersey        by convicted sex offenders. Therefore,
vism rate. The U.S. Department of         Department of Corrections and            successful re-integration into society
Justice found that of all categories      funded by the U.S. Department of         is of prime importance to any sex-
studied, sex offenders have the sec-      Justice, New Jersey sought to deter-     offender-based system. Crucial to
ond lowest rate of recidivism with        mine 1) the effect of Megan’s Law on     successful re-integration are housing,
5.3 percent of offenders arrested for a   the overall rate of sexual offending     social stability and employment.
new sex crime within three years of       over time; 2) its specific deterrence    However, the public registry and dis-
release. The report indicates that only   effect on re-offending; and 3) the       semination of an ex-offender’s name,
13 percent of new sex crimes are          costs of implementation and annual       photograph, addresses, vehicle
committed by repeat offenders.            expenditures of Megan’s Law. The         description and license plate num-
Other sex offense recidivism studies      study’s conclusion: “Despite wide        bers create significant obstacles to
found the re-arrest rate declines sig-    community support for these laws,        re-integration. Sex offenders in many
nificantly with each year of offense-     there is little evidence to date,        states reported adverse events such as
free living in the community.             including this study, to support a       the loss of a job or home, threats,
                                          claim that Megan’s Law is effective in   harassment, or property damage as a
Myth No. 2: The greatest risk to          reducing either new first-time sex       result of public disclosure. Captain
our children comes from                                                            Janet McNeal, Director of the
strangers.                                  Our sex offender laws are              Operational Records Division of the
Fact: Offenses by strangers are the                                                Pennsylvania State Police Bureau of
                                               expansive, costly and               Records and Identification testified
exception, not the rule. The U.S.
Department of Justice found that 9           ineffective — guided by               that registered sex offenders have an
out of 10 child victims of sexual               panic, not reason.*                unemployment rate that is 10 times
abuse knew their abusers and that                                                  that of the general population.
approximately 40 percent of all           offenses or sexual re-offenses.”         SORNA’s addition of the street
abusers are children themselves. Of       Similarly, a New York study found        address of all work locations, as
the 60,000 to 70,000 annual arrests       “no support for the effectiveness of     compared to Pennsylvania’s current
on charges of child sexual assault,       registration and community notifica-     Megan’s Law requirement of
only about 115 are abductions by          tion laws in reducing sexual offend-     employer’s zip code, will undoubt-
strangers. Megan’s Law and SORNA          ing” and that “over 95 percent of all    edly make it even more difficult for
(Sex Offender Registration and            sexual offense arrests were commit-      registrants to obtain employment.
Notification Act) are based on the        ted by first-time sex offenders, cast-
                                          ing doubt on the ability of laws that       Roger N. Lancaster, author of Sex
premise that sex offenders should be
                                          target repeat offenders to meaning-      Panic and the Punitive State, recently
required to register because they pose
                                          fully reduce sexual offending.” A 10-    wrote in a New York Times opinion
a significant risk of re-offending. But
                                          state study found no systematic          piece, “It is time to change the con-
since the vast majority of sex crimes
                                          reduction in sex crime rates after       versation: to promote child welfare
are committed by first time offend-
                                          implementation of registration and       based on sound data rather than sta-
ers, this measure does not protect the
                                          notification policies. These results     tistically anomalous horror stories,
public.
                                          lead to the inevitable question of       and in some cases to revisit outdated
                                          why any jurisdiction would commit        laws that do little to protect chil-
Myth No. 3: Banning sex offend-
                                          substantial resources to such an inef-   dren.” The Prison Society strives to
ers from locations where children
                                          fective practice.                        help people think rationally about
congregate will significantly pro-
                                                                                   their children’s safety and how best
tect the children.
                                          Myth No. 4: Sex offender reg-            to treat sex offenders.
Fact: Studies show little or no effect
of Megan’s Law in reducing sexual         istries are necessary to protect         *“Sex Offenders: The Last Pariahs” by Roger N.
offenses or re-offenses. The Prison       communities.                              Lancaster, New York Times (August 20, 2011)




                                             www.facebook.com/PennsylvaniaPrisonSociety | www.prisonsociety.org

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Many Myths about Sex Offenders Continue to Influence Legislation

  • 1. Correctional Forum A PUBLICATION OF THE PENNSYLVANIA PRISON SOCIETY SUMMER 2011 Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787 MYTHS ABOUT SEX OFFENDERS CONTINUE assessments, treatment programs, and halfway or permanent housing TO INFLUENCE LEGISLATION for registered sex offenders. Many of the panel’s findings are What are the facts? contrary to public opinion: By Mindy Bogue continued on page 15 This past May, an Allegheny ment and employment of sex offend- County ordinance that prohib- ers exist in more than 20 states and JOIN US FOR A FREE ited registered sex offenders from liv- hundreds of municipalities. PUBLIC FORUM: ing less than 2,500 feet from areas The Pennsylvania Prison Society where children congregate was struck recently assembled a panel of crimi- Megan’s Law and Beyond Barry Zakireh, Ph.D., Moderator down by the Pennsylvania Supreme nal justice experts, victim-advocates, Director of Adult and Forensic Services, Court (Fross v. The County of treatment providers, former offend- Joseph J. Peters Institute Allegheny). The local ordinance, ers and family members. The panel’s much harsher than Pennsylvania’s goal is to protect the public, reduce Wednesday, September 21, 2011 state law, was so strict that it forced the prison population, support vic- 5:30 p.m. to 7:00 p.m. these individuals to live in isolated tims, rehabilitate offenders, and Reception to follow areas where housing, employment, safely reintegrate ex-offenders into transportation, and supervision were society by encouraging policies that Earle Mack School of Law, uncertain. While this particular law are evidence-based, practical, fiscally Drexel University has been deemed illegal, similar laws responsible, humane, and legally Room 140, 3320 Market Street exist throughout the country. In fact, defensible. These include education Philadelphia, PA 19104 laws restricting the residence, move- and prevention programs, risk-based THE FIGHT FOR RACIAL JUSTICE IN PENNSYLVANIA Correction: Page 18 of the donors list in the Spring Correctional Forum incorrectly listed Addressing Racism in Death Penalty Sentencing JuaVonne D. Daishanel as a Friend of the Society. The proper spelling of his name is JuaVonnié D. By Rameerah Anderson AmolieoDaishanel. We apologize for the error. "We simply cannot say we live in a Racial Justice Act. With death penalty sentencing being highest among IN THIS ISSUE country that offers equal justice to all Americans when racial disparities African Americans and the growing Executive Director’s Report 2-3 plague the system by which our society Hispanic population, only one other imposes the ultimate punishment” state acknowledged this dispropor- New Visitors 4 —Senator Russ Feingold on Civil tion in its death penalty population Prisoners and Pooches 5 Rights as a Priority for the 108th and did something about it. North Korean Visitors 5 Congress, Senate, January 2003 Carolina became the second and only other state to pass into law a Philly ReNew 6–7 In 1998, the state of Kentucky Racial Justice Act in 2009. In a nation Legislative Highlights 8-9 became the first state to recog- where 3,260 men and women are New Mural 10-11 nize and take action against racial serving their sentences on death row, profiling and discrimination in death Celebration Schedule 12 and the majority of those people penalty sentencing by passing the continued on page 14 Bookcase 13 www.facebook.com/PennsylvaniaPrisonSociety | www.prisonsociety.org
  • 2. Myths about Sex Offenders ... Society panel found the research Fact: Successful re-integration of ex- continued from page 1 conducted by the state of New Jersey offenders requires housing, social to be of particular relevance to the stability and employment. The goal Myth No. 1: Sex offenders will decision facing Pennsylvania. In a of protecting the public is based, in always repeat their crimes. study conducted by The Research and part, on the reduction of recidivism Fact: Sex offenders have a low recidi- Evaluation Unit of the New Jersey by convicted sex offenders. Therefore, vism rate. The U.S. Department of Department of Corrections and successful re-integration into society Justice found that of all categories funded by the U.S. Department of is of prime importance to any sex- studied, sex offenders have the sec- Justice, New Jersey sought to deter- offender-based system. Crucial to ond lowest rate of recidivism with mine 1) the effect of Megan’s Law on successful re-integration are housing, 5.3 percent of offenders arrested for a the overall rate of sexual offending social stability and employment. new sex crime within three years of over time; 2) its specific deterrence However, the public registry and dis- release. The report indicates that only effect on re-offending; and 3) the semination of an ex-offender’s name, 13 percent of new sex crimes are costs of implementation and annual photograph, addresses, vehicle committed by repeat offenders. expenditures of Megan’s Law. The description and license plate num- Other sex offense recidivism studies study’s conclusion: “Despite wide bers create significant obstacles to found the re-arrest rate declines sig- community support for these laws, re-integration. Sex offenders in many nificantly with each year of offense- there is little evidence to date, states reported adverse events such as free living in the community. including this study, to support a the loss of a job or home, threats, claim that Megan’s Law is effective in harassment, or property damage as a Myth No. 2: The greatest risk to reducing either new first-time sex result of public disclosure. Captain our children comes from Janet McNeal, Director of the strangers. Our sex offender laws are Operational Records Division of the Fact: Offenses by strangers are the Pennsylvania State Police Bureau of expansive, costly and Records and Identification testified exception, not the rule. The U.S. Department of Justice found that 9 ineffective — guided by that registered sex offenders have an out of 10 child victims of sexual panic, not reason.* unemployment rate that is 10 times abuse knew their abusers and that that of the general population. approximately 40 percent of all offenses or sexual re-offenses.” SORNA’s addition of the street abusers are children themselves. Of Similarly, a New York study found address of all work locations, as the 60,000 to 70,000 annual arrests “no support for the effectiveness of compared to Pennsylvania’s current on charges of child sexual assault, registration and community notifica- Megan’s Law requirement of only about 115 are abductions by tion laws in reducing sexual offend- employer’s zip code, will undoubt- strangers. Megan’s Law and SORNA ing” and that “over 95 percent of all edly make it even more difficult for (Sex Offender Registration and sexual offense arrests were commit- registrants to obtain employment. Notification Act) are based on the ted by first-time sex offenders, cast- ing doubt on the ability of laws that Roger N. Lancaster, author of Sex premise that sex offenders should be target repeat offenders to meaning- Panic and the Punitive State, recently required to register because they pose fully reduce sexual offending.” A 10- wrote in a New York Times opinion a significant risk of re-offending. But state study found no systematic piece, “It is time to change the con- since the vast majority of sex crimes reduction in sex crime rates after versation: to promote child welfare are committed by first time offend- implementation of registration and based on sound data rather than sta- ers, this measure does not protect the notification policies. These results tistically anomalous horror stories, public. lead to the inevitable question of and in some cases to revisit outdated why any jurisdiction would commit laws that do little to protect chil- Myth No. 3: Banning sex offend- substantial resources to such an inef- dren.” The Prison Society strives to ers from locations where children fective practice. help people think rationally about congregate will significantly pro- their children’s safety and how best tect the children. Myth No. 4: Sex offender reg- to treat sex offenders. Fact: Studies show little or no effect of Megan’s Law in reducing sexual istries are necessary to protect *“Sex Offenders: The Last Pariahs” by Roger N. offenses or re-offenses. The Prison communities. Lancaster, New York Times (August 20, 2011) www.facebook.com/PennsylvaniaPrisonSociety | www.prisonsociety.org