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The Ocho , Posted by Robert Paisola

Eight more proposed Utah laws besides a ban on free Wi-Fi service to protect The Children from porn and other bad content

From the SL Weekly by Mr. Bill Frost

8. Block the letters “F,” “U,” “C” and “K” from cell-phone texting, as well as the winking symbol “; )”.

7. Additionally, drunk texting will carry stiffer penalties than DUI.

6. Mandatory heat shields to be installed on the bottoms of all laptops sold to minors.

5. Shut down blogs containing subversive propaganda and salacious material—in other words, all the good ones.

4. Place a two-week delay on instant messaging so all exchanges can first be reviewed by the state’s new IM Czar.

3. Institute a five-day waiting period for BlackBerry purchases.

2. And a zero-tolerance policy against “hands-free” Bluetooth abuse.

1. Form a task force to investigate the burgeoning underground Pager Porn network.

Moderators Note:

We openly salute the position that Bill Frost has made in this writing. We truly believe that offenders, especially youth and adult sex offenders CAN be rehabilitated. We believe that were it not for forums such as this, that lawmakers WOULD create twenty five year retroactive registration requirements apply to any offense that remotely represents sexual offender conduct. Thanks Bill Frost, for leveling the playing field and KNOWING that CHANGE IS POSSIBLE !

Branded....., Posted by Robert Paisola

Not so long ago, the law granted underage sex offenders a turn at treatment and a second chance. But new federal punishment guidelines could tarnish them with a permanent criminal record.

From the SL Weekly by Mr. Eric Peterson

Shaun is an average Utah college kid in his early 20s. He juggles his chemistry studies, a 40-hour workweek, a girlfriend and a dog. He keeps up a frantic pace with youthful stride and optimism, all the while looking eagerly toward the future.

He had planned on a pre-med major but has shifted to a career in medical research instead. It will mean more classes, labs and bookwork, but Shaun has always been determined. Like other students, he started college in his late teens. But there, the similarity ends.

Shaun started working on his associate’s degree while locked up in a secure facility for juvenile offenders. At age 15, Shaun raped an older woman. He was adjudicated (juvenile justice parlance for “found guilty”) and sent to lockup, where he spent the next three years in intensive treatment, confronting the demons that haunted his childhood.

“I guess I had good memories as a kid, even though I was an angry kid … always hurting,” said Shaun, who asked that his real name not be used. He pauses, and then retracts. “I guess, though, I never was a kid. I always felt robbed of my childhood.”

Shaun can look back now on his former self as a shadow of the man he’s become but still remembers the dark days of his youth: a lockdown of the heart and mind that spurred him to sexual violence against another. “To hurt someone else, you have to change so much in your mind,” he says. “There are so many little mechanisms you create in your mind. You convince yourself that they deserve it. It’s sick, I know, but when I hurt her, I didn’t think I did anything wrong. The more bull—-t you create to make it OK, the more you have to wade through to get out of it.”

Shaun hated therapy at first. He hated how his counselors made him confront his dark urges. But now as a rehabilitated man, he speaks of treatment as his saving grace.
“I really grew up in treatment,” Shaun says, “I miss it almost, that’s my family. They helped me so much. It was only three years, but without those three years, I guarantee I wouldn’t be the man I am today.”

The potential for most juvenile sex offenders to conquer their demons and become normal, productive adults can, with treatment, be promising. One of Shaun’s primary therapists feels comfortable endorsing his recovery. “It is an incredible and humbling experience to stand alongside an individual who faces the horrible truth about what he’s done and, by so doing, develops the capacity to love and to be loved,’’ she says.

His therapist wholly supports treatment for juvenile sex offenders, but is watching with concern recent efforts to crack down on juveniles in this arena. Increasingly, politicians are taking a “throw the book at them” approach to violent juvenile crime. It isn’t completely without cause: high-profile cases involving violent juvenile offenders seem to pop up weekly.

The latest reaction to the problem comes by way of the Adam Walsh Child Protection and Safety Act, sponsored by U.S. Republican Sen. Orrin Hatch, R-Utah. The act, which President George W. Bush signed into law last year, widens the scope of punishment for juvenile sex offenders more than ever before. By lumping juveniles into the same criminal categories as adult sex offenders, the act establishes a sex offender registry that could keep even the strongest examples of rehabilitation—like Shaun—branded as criminals forever.

Experts who work with troubled youngsters are asking if this law might not be going way too far.

To Crack Down or CoddleSex crimes against children conjure up the worst fears of a society. But, when the predator in these cases is another child, the crime confounds expectations of wrong and right, good and evil. Historically, children haven’t been held to as high a legal standard as adults. Yet, when a child commits such a horrific crime, punishment must be meted out. How tough should it be?

Juvenile justice has always been about second chances. Laws were written to give the offender a chance to rehabilitate while keeping the criminal record sealed from public view. But, under the provisions of Hatch’s Walsh Act, certain juvenile sex offenders will now be subject to the same strict punishment as adult offenders.

This means juvenile offenders 14 years and older, if adjudicated, will be required to register with a national sex-offender registry every three months and every time they change their name, address, student status or employment—for the rest of their lives. The mandatory punishment for failure to register under any of these circumstances could result in one-to-five years' prison time for an adult or secure confinement for a juvenile. With a clean record, a juvenile could get off the registry after 25 years of compliance. The act even may be retroactively applied. People like Shaun who accepted their punishment, took responsibility for their crime and completed treatment may land on the database. Under the old system, that result was unfathomable.
For a long time, the attitude toward juvenile crime has been forgiving, a sense of “they’re kids. They can change.” For critics, however, this “tough love” approach fails to account for the growing number of hardened, violent juvenile criminals. It just doesn’t work anymore, they contend.

While overall juvenile offenses may be down, in Utah, they seem to spike in more grievous areas: in 2005, juvenile rape arrest rates shot up 105 percent from 2004. These numbers reflect headline-grabbing stories like that of 17-year-old Robert Cameron Houston, sentenced this month to life without parole for the rape and murder of Raechale Elton, 22, a youth counselor of a Clearfield home for troubled teens. On a snowy night in February 2006, Elton gave Houston, a resident of the home, a ride home. Houston sexually assaulted Elton and repeatedly slashed her throat.

The sheer brutality of the of crime cemented in the minds of many that the youths simply don’t deserve a second chance. But critics of Hatch’s bill and other similar “get-tough” efforts, consider them political slam-dunks—written for big campaign mileage and passed before their full impact is realized.

To Protect the ChildrenProsecution of juveniles was not the thrust of the 2006 Walsh Act. Its main target was adult offenders who had slipped through the cracks of the system and taken advantage of state-to-state inconsistencies in sex-offender laws. Motivated by a number of well-publicized kidnappings, including the 2002 Elizabeth Smart case, Hatch wanted all states to participate in a uniform national database, stipulating across-the-board punishments for those who failed to register with the system.

The legislation was well-celebrated, and dictated a three-year period for states to integrate into the national database. The federal act set guidelines for states to follow but sentencing and other specifics were left to state legislatures.

Earlier this spring, experts in juvenile crime gathered at the University of Utah law school to discuss the Walsh Act and its effects in Utah. The panel included prosecutors, defense attorneys and social workers. While waiting for the forum to start, the panelists cracked jokes and casually talked shop. Underneath their ease, however, a tension persisted. This group was made up of professionals from varied backgrounds and political perspectives, each of whom expressed doubts and fears over how the law might change life for Utah’s juvenile offenders.

Jacey Skinner, a deputy district attorney for Salt Lake County, expressed concern over how the law could change the nature of juvenile courts.

“They [juveniles] will be on a registry, and that is a very adult publication, whereas the whole nature of juvenile court is that records are sealed, this isn’t public information. The point is that we want to rehabilitate them so they can become normal, productive adults,” Skinner said, explaining that if juvenile offenders now know that admitting guilt will mean being on a registry for life, they will be much less likely to voluntarily admit guilt and seek rehabilitation.
“Now, if you have this new sanction that’s going to follow you for the rest of your life, it’s not going to be easy to say, "All right, I accept these consequences, and I want to get myself into treatment,’” Skinner said. Previously, Utah’s juvenile courts avoided trials when it was likely the defendant would admit guilt and get started on rehabilitation. Harsher consequences are sure to gridlock the courts with longer trials and competency hearings.

“There’s a big debate whether juveniles can even be considered competent,” Skinner said, explaining that competency—the idea that a person is capable of understanding the nature of a crime, and taking part in his or her defense with an attorney—will be a bigger issue in juvenile courts.

Not only do these factors bog down the system; they also compound the grief and stress put upon the families of the victim and perpetrator. “Inevitably with juvenile cases, families are involved, and it’s always hard for them,” Skinner says.

Law-enforcement experts, however, make a public-safety argument. The threat of offenders repeating violent crimes, they say, outweighs other considerations.

Police Lt. Darin Durfey, head of the Utah County Sex Crimes Task Force, believes the current system is not working, given the recent explosion in juvenile sex offender arrests. “If you look at the national trend, the largest percentage increase in offenders are juvenile, as far as sex crimes go,” Durfey said, describing the situation as an “epidemic.” Juvenile courts have grown too lenient on young offenders, who then go on to repeat their crimes. Had juveniles under previous law been subject to more supervision, they might have been less likely to inflict sexual violence again, he said.

The risk factor of offenders striking again is enough to warrant putting juveniles on the registry, he says. According to the law, only the most dangerous juveniles or those who commit offenses “comparable to, or more severe than, aggravated sexual abuse” would end up there.
Durfey argues that perpetrators need to be more closely monitored, not just sent off to court-ordered therapy. The horrific nature of some of these crimes contradicts the notion of judicial mercy, even for juveniles.

The events of March 21 of this year support Durfey’s thesis. According to The Daily Herald in Provo, it was in the fruit orchards of the small Utah County town of Genola that a 13-year-old girl stumbled on a couple farmers burning weeds in a ditch. They found the girl hysterical, her face pale, blood pouring from knife slashes crisscrossing her neck. Police reported she had survived an attack by a 14-year-old boy. His crime ignited fear in the community and renewed talk about tough punishment for even the youngest criminals.

The Mind of a Sex OffenderDr. Peter Byrne, director of the Monarch Assessment and Treatment Center in Salt Lake City, works daily with sex offenders. He will be the first to tell you how dangerous his patients’ inclinations are. But he also believes society’s reaction is often overblown. “We seem to be caught in a current phase of get-tough legislation that makes a politician look good, but no one checks out how well it’s going to work, or how much its going to cost,” Byrne says.

For most therapists, any argument for changing juvenile-offender law should first consider what goes on in a child’s brain.

Dr. Michelle Gourley, licensed clinical social worker, holds a law degree and is co-owner of Choicepoint Therapeutic Services in Salt Lake City. The mind of a juvenile sex offender she says, differs vastly from that of the adult criminal. “Studies suggest that youths don’t put facts together and draw conclusions the way adults do,” Gourley says. “Even if they perceived a situation as risky or morally wrong, they wouldn’t necessarily have the ability to act on that awareness.” Gourley cites neurological studies showing that a young person’s cerebral cortex is not yet fully developed. The juvenile brain is malleable; it still can be shaped and corrected.
This explains why juvenile rates of recidivism (or rates of repeating a sexual offense) are drastically lower than rates for adult offenders. Gourley cites statistics from the Association for the Treatment of Sex Abusers, an international nonprofit research group that shows recidivism rates for adult offenders who have completed treatment is 32 to 51 percent. Even after treatment, as many as half of all adults reoffend. “But for juveniles, based on the most long-term study done in the nation … recidivism rates are between 6 and 14 percent. This suggests that the majority of youth who engage in sexual misconduct are not going to sexually reoffend,” says Gourley.

Gourley says juveniles’ violent impulses are generally related to traumatic abuse, but they don’t always lash out sexually against others in response to being sexually abused. They are more likely to commit sexual offenses as a reaction to physical abuse or after witnessing domestic violence.

Even if the juvenile suffered an upbringing so devastatingly traumatic that it instilled some impulse toward sexual predation, Gourley contends the brain is still developing and can be corrected.

Both Gourley and Byrne emphasize the law already has a way to pick out the most dangerous juvenile offenders: the practice of assessing minors to be tried legally as adults. Byrne recalls working on the case of a 14-year-old who had committed an especially heinous rape and assault. After a careful analysis, he concluded that, despite the boy’s age, the brutality of his crimes meant he should be tried and treated as an adult. This allows juvenile offenders who pose a true danger to public safety to be assessed case-by-case and treated as adults.

Utah’s Economic BindDespite the negative consequences of the Walsh Act, the state is in a tough spot as to what it can actually do. According to the law, by July 1, 2009, every state that fails to comply with the law could lose federal funding for juvenile-treatment programs. Former 3rd District Juvenile Court Judge Robert Yeates has been following the act closely. Now executive director of the Commission on Criminal and Juvenile Justice, Yeates estimates the state of Utah could lose about $110,000 a year.

In his office at the state Capitol, Yeates shuffles through paperwork piled on his desk—leftover research of a new state sex-offender law that he pored over for two full weeks. Yeates has been anxious about the Walsh Act, but his concern is based more on decades of experience as a juvenile court judge and is not necessarily representative of the Commission on Criminal & Juvenile Justice.

He sees the Walsh Act as vital legislation for adult offenders, but not juveniles.
Beyond the loss of federal funding, Yeates cites another risk: “I have a concern that if Utah did not pass the act, are we then going to have an influx of juvenile offenders coming here? I don’t want Utah to become a haven for juvenile sex offenders.”

A compromise might be to create a new standard of assessment for juvenile offenders and raise the age threshold for registration from 14 to 16. “Those offenders would only have to register if they were evaluated as presenting an ongoing high risk and were unresponsive to treatment. Then I would require them to register under the act. At least they would have the opportunity to get treatment and get their act together. If they were then unresponsive to treatment, they should be on the register,” Yeates says.

A veteran of tough legal wrangling and puzzles of policy, Yeates considers his solution with cautious optimism but notes with some resignation: “I guess it’s all somewhat academic; the act has passed.”

From the perspective of one who has journeyed from troubled youth to recovered adulthood, Shaun believes the act could further alienate juvenile offenders. He prides himself on his “emotional vulnerability,” to let down his guard and “to connect emotionally with people.
“[When you do that] you gain their strength, and they gain your strength. I think it’s the single greatest tool to keep you from harming someone. But it’s easy not to feel the worth of someone if you can’t connect with them,” Shaun says.

Ultimately, registering these juveniles as sex offenders may make them easier to monitor. But will the law forsake rehabilitating the child in favor of maintaining closer scrutiny? By branding someone a “predator,” will healing and redemption be sacrificed in order to calm the fears of society? These are the questions that linger in a debate obscured by impassioned rhetoric on both sides.

For Shaun though, it’s simple. “My goals aren’t lofty,” he says. “I just want to be happy.”

Moderators Note:

This article is being posted from a series of articles being written on Sex Offender Legislation that is currently pending. We at Western Capital support the reformation of Criminal Offenders and to force a child to be placed on a Sex Offender Registry for 25 years goes completely against the goal of reformation that we so openly believe in and teach. Society must look at the totality of the crimes that have been comitted by these juveniles and give them the HOPE that they need and deserve to overcome their past, just like adult offenders. We will continue to publish this series in its entirety so that our readers can see the difficult problems being faced by law makers as they address this sticky issue.

Regards,

Robert Paisola

CEO

Western Capital

www.westerncapitalfoundation.com

The Prison Dilema, What to do upon Release? By Robert Paisola, Director, The Western Capital Foundation

For Immediate Release
April 08, 2007
Media Alert/ AP/ UPI/Newswire.com/PressRelease.com/International Release/ BBC/ United Kingdom

In a small, white collar suburban community just outside of Salt Lake City, Utah the ex- offender we spoke with (he asked us to keep his identity confidential) had been a model citizen, receiving promotion after promotion at work, avoiding all negative influences from his prior life, and even started his own foundation to assist in the rehabilitation of fellow Federal and State offenders. He was released from probation, had moved on in a world where he would finally be able to be productive and could use the skills and tools that he learned to assist the less fortunate. Life was good..

His success hasn't come easily. The light haired 38-year-old is an ex-offender who had served in the Federal System for filing a false statement with a federal bank ( lying on a credit application) and for possessing "more that four pictures" of pornography, that in 1998 was considered Illegal. Did we mention that it is still illegal in Utah to have conjuical relations with your spouse that involve any type of "oral interactions"..... or more easily defined as oral sex.

Walking out of the famed "Club Fed" as members of the media have called this place of supposed rehabilitation, he says that he "made a pact with god, to use all of his talents for the good of mankind" and ssince being released from prison over three years ago, he has struggled with basic necessities that we take for granted, such as finding affordable housing and getting a valid state ID card.

A single non-custodial parent with a steady paying job, he would normally be considered a prime candidate for public-housing assistance, but he knows the odds are against him. Local housing rules bar ex-felons from living in public housing for six years after completing their sentence. But this offender is one of the few that we have spoken to that have the support of a family. "So many ex-offenders have no knowledge that the life of crime that they know CAN come to an end, said Sheila Demarco, a substance abuse advisor in Salt Lake City. "But having the support of a family who cares is becoming a rare commodity" said Demarco.

"In prison, you learn the value of being your word, being respectful and staying inside the lines" he said, and I really got clear on how important family is in ones life" he said. So, in keeping with the commitment that he made to keep his family first he decided to do whatever it took to "make it" this time.

Now, every month, he makes the hour-long trek to the local airport, ready to board a plane, so that he can visit with his child that lives out of state. "I have been going to visit my ex and my child for almost a year now, he said. "And I love the way that I feel when I know that I am doing the right things in life.

"I have to admit, It's one battle after the next -- trying to obtain housing, trying to obtain employment," he says. "I want a second chance. I want people to see that yes, I have made mistakes, but I am making it right." "I know that I can do this, but it is not easy", he stated

Our subject is one of more than 630,000 people released each year from correctionional institutions in the U.S. Not surprisingly, people who have been locked up for many years, often poorly educated and lacking in financial support, face a range of obstacles to re-entering society. Yet some of the biggest are put there by federal, state and local governments, including hurdles to getting student loans, public housing and other forms of government assistance.

For years, the thinking among law-enforcement officials and politicians was that this was the price people should pay for breaking the law. Now there is an emerging belief that the larger price is being borne by society, since the practical barriers facing ex-prisoners make it more likely that they will slip back into a life of crime.

National Statistics indicate that two-thirds of ex-felons return to police custody within three years of their release for new crimes or for probation or parole violations, according to Justice Department studies. U.S. taxpayers spent $60 billion on corrections in 2002 at the local, state and federal levels, up from $9 billion two decades earlier. Over that same time frame, corrections (including private prison programs) have been the second fastest growing government spending category after health care.

Aside from public-housing restrictions, many former felons find they need special waivers to get licensed in vocations they learned while serving time. Some find their attempts to get an education are stymied by laws barring loans to those convicted of a crime. Still others can stumble into technical violations that send them back to prison, such as reporting late for a meeting with a probation officer, submitting a dirty urine sample or failing to pay a fine or restitution as required. For those who have completed lengthy sentences, the most frustrating barrier is also the most basic -- getting a legitimate ID card, such as a driver's license.

"Having one barrier may not be considered that big a deal," says Anthony Gerry, director of the prisoner re-entry institute at the Washington Institute of Criminal Justice in Washington DC. Usually, though, offenders face several barriers, he says, adding: "You can't get housing, you have child support" payments to make, "you can't get ID and no one will hire you. When looked at in full, that sends a signal: You're not wanted." said Gerry

After years of pushing for tougher sentences, politicians in Washington are now starting to rethink their approach. The Second Chance Act, hammered out by a bipartisan group of lawmakers and introduced in Congress last year, would have provided more than $80 million in grants for programs to help ex-offenders re-enter society.

Lacie Mitchell might have benefited from a key part of the legislation: a provision ensuring that ex-offenders can be licensed in occupations they trained for in prison.

Ms. Mitchell was determined to learn a skill so that she could get a job when she left the Federal Bureau of Prisons, Federal Correctional Institution, in West Virginia, a women's prison made famous recently for housing Martha Stewart.

In 1993, Ms. Mitchell, who had just finished her sophomore year at Santa Rosa Junior College in Northern California, obtained LSD for her ex-boyfriend and mailed it to him in Georgia. He was caught and cooperated with authorities against those he had enlisted to secure drugs. He was sentenced to two years while she received 10.

Ms. Mitchell, now 32 years old, joined the prison's all-women fire-fighting team, a group that provides fire protection for the prison and backup for other local fire squads. She figured it would position her well for a decent job. For more than five years, she roughed it through classes and endless trainings, entering smoke-filled rooms with her oxygen mask blackened to simulate rescue situations and navigating the Appalachian mountain roads near the prison in a yellow fire truck.

"Any of the physical requirements that you had to do" for state licensing, "we were required to do in our classes when we were in Federal Custody," says Ms. Owens.

She eventually rose to the fire team's top rank of lieutenant, garnering 300 hours of training and 100 hours at the scenes of actual fires in the towns outside the prison.

In January 2001, President Clinton granted her clemency on his last day in office after receiving her name from Families Against Mandatory Minimums, a group that advocates changes in sentencing laws. See www.famm.org

After eight years in prison, she left Alderson to stay at her parents' home in Alpharetta, Ga., confident a fire department in one of Atlanta's booming suburbs would hire her. She filled out each job application truthfully, noting she was a felon. But state law bars hiring former felons.

Ms. Mitchell says she offered to "clean hoses, flush the truck, even clean the mess hall" anything to get her foot in the door -- all to no avail.

Eventually, she was able to land a job with an organization that trains service dogs for people with debilitating diseases and injuries. Last year, she moved to Utah and started a catering business with her husband, who she had met back in high school. The business didn't take off so they are planning to try again next year in her husbands home town of Rigby, Idaho.

Many ex-convicts leave prison wanting to start anew, and the first step is often trying to get an education. But while 63% of all undergraduates receive some form of financial aid, money isn't easy to come by for ex-felons.

Federal law states that first-time offenders convicted on federal or state drug-possession or drug-trafficking charges are ineligible to receive financial assistance for as long as two years after their convictions. Completing drug rehabilitation can cut that time, but such programs can be expensive.

"I understand their concern. A college campus is a perfect place to sell drugs, but I also know I can't move forward in my life without an education and a good job," says Ms. Wheeler, a former offender we spoke to who was released last year. She now earns $6 an hour at a The Training Table, a fast-food restaurant, trying to make ends meet to help support her 1-year-old.

For our first subject, finding housing has been the toughest challenge. Upon being released in 2004 from federal prison, he then headed for a halfway house in Salt Lake City, Utah.

Like many prisoners released before their sentence is completed, he was required to find a job in 15 days or face the possibility and constant threat of being returned to prison to finish his last six months. But to get a job, he needed valid identification from the Department of Motor Vehicles. In Utah, residents need a combination of documentation such as bills and voter registration cards that each add up to enough cumulative "points" to qualify for a driver's license or nondriver ID.

The ex-inmate we spoke to says that he had a federal prisoner ID, a birth certificate and a Social Security card. Those were not enough. Motor-vehicle personnel asked if he had a passport, a bill with his name on it, any additional identifiers. "I kept telling them that I'd been in prison the last 3 years and didn't have any other identification." Eventually he found a sympathetic supervisor who issued him the card.

He found a job quickly at a local telemarketing firm, but switched after a few months to work for a large painting company, where he could use the construction certificate he'd earned in training on the inside.

Still, he struggled to find a cheap yet safe place for he and his daughter. The two are now living in a home that was provided for them by a family member.

The federal government has a small number of restrictions against ex-felons living in public housing, such as sex offenders and those who have manufactured methamphetamine in a housing complex. However, local housing authorities are able to impose their own restrictions on ex-felons living in public housing, and those can be expansive, based upon the local attitude of State Agencies who impose such rules.

Howard Harder, spokesman for the Los Angeles City Housing Authority, says there are virtually no vacancies in the city in public housing and with about 136,000 applications pending it is unlikely that someone with a felony record will get in. Besides, ex-felons are ineligible for public housing for six years after the completion of their sentence, including probation.

Until something else comes along, he says he'll keep pushing for promotions at work. Returning to a life of crime and risking a return to prison is not an option, he says: "I don't have another 3 years to give to anyone."

Copyright 2006- Robert Paisola- All Rights Reserved

For Additional Information see www.criminon.org