6 Comments

Punishment or Civil Scheme

The following video is of Kansas State Rep. Pat Colloton

I feel that this video expresses the INTENTIONS of at least this one individual with regards to the passage of SB37… Her words express clearly A PART of her INTENTIONS..The reason I bring this to the surface, is that one of the TESTS the court uses to determine if a civil scheme is actually punative, is the legislative intent.

Mrs Colloton was on the forfront of the passage of SB37…

A small bit of background first.

I have read Statement by Representative Pat Colloton
Kansas State Legislature “The Reauthorization of the Adam Walsh Act” February 15, 2011
. While there are a number of points to consider, there was plenty of equally valid and opposing info that was not presented. Ill allow you to make your own decisions. One element to keep in mind is the use of the Byrne Law Enforment Funding as any basis to justify the implemetation of the Federal initiative. Here is the report done by the Justice
Policy Institute on the costs to implement the Adam Walsh Act
. The use of loosing 10% of the Byrne Law Enforment funding as you will see on a state by state level pales into comparison as to the cost of implementation, is certainly not a substantial reason to have passed this federal initiative. In addition “in order to comply with the Adam Walsh Act, states should plan to budget for the following expenses annually:
* new personnel to register more people more often, collect
information, make updates, etc.
* software, including installation, maintenance, and technical
support
* Additional jail and prison space for people who fail to register
* court and administrative costs related to reclassification due to
the retroactivity clause of the AWA
* law enforcement costs related to tracking down people who
fail to register
* legislative costs related to adopting and crafting state law

Having said all that, back to punitive or civil… The most compelling piece of this puzzling question to me, was found in one simple statement…

If you listen closely to the interview, you will hear the evidence of punitive right here in this video, straight from the mouth of the person who headed up the fight to implement the federal initiative here in Kansas, that later became SB37 that later amended the Kansas Offender Registration Act

“We have created an aggravated failure to report crime. If you fail to report for more than six months and you are obviously an absconder who is trying to duck reporting, and we catch you, you will go to prison for a very long time, for several years,
– Pat Colloton Rep KS

The bold section to me is indicative of a direct THREAT of punitive consequence for failure to comply.

The language used… CRIME,ABSCONDER,REPORTING,PRISON.

So while the assertion of governing bodies makes claim that this is a civil scheme, let us think about how civil issues are traditionally handled. Also, if non punative, and is a civil scheme, then why is the Kansas Offender Registration Act found in chapter 22 Criminal Procedure.

The fact of the matter is that these laws are designed to keep track of offenders and to punish them in the event they choose not to comply with the very imposing and highly restrictive LAW. In fact the offender, once relived of all other aspects of the original sentence of probation or prison, does not have the choice as to rather or not comply with these laws for some 15yrs, 25 yrs or LIFETIME. In fact the offender registration act is indeed a LAW that not unlike any other CRIMINAL LAW is PUNISHABLE by PRISON. Where as civil law is typically punishable by fine and fee’s. Typically for a civil issue to bring an individual to jail is by means of a court order that has not been followed or has been violated. And that is for contempt of court and it not a ground for incarceration by the Department of Corrections.

There is much work to do with the entirty of the laws affecting convicted sex offenders.

While I cannot deny the necessity of such laws, I can see that the current laws with the expenses involved in enacting and maintaining them, and the registries and detrimental effects on those who are placed on them..These laws are not effective. The registries are not effective.

The fact and IRONY is that these registries cause undue lifelong harm to CHILDREN, as they are the collateral victim to the registries in a number of ways.. Here is a video interview of just one child of the registry, put together by Women Against Registry

These Kids are potentially subject too:

*Being teased and made fun of, or the family members made fun of. Which can lead to potential violence as some children finally snap and try to defend themselves or the family member.
*Self esteem and learning issues as a result of the above.
*Living in social economic conditions that further exasperated all of the above because a parent is unable to find work due to the publication of the past crimes, though long since paid for.
* Unable to have registered family member participate in or attend school functions. Often times meaning the children themselves are able to participate or attend.
*Judgments made by adults in the community towards the children because of an offender family member. To include teachers at school who may subtly teach the innocent child with suspicious contempt.
*Children being on the receiving end of violence from a vigilante who set out to harm the offender and the child and or other family members get caught in the cross-hair.
*Unstable home life from being forced to move around due to being pushed out of home by neighbors,or landlords or threats.
*Unstable home life due to parent offender getting violated by gov for technical infractions and possible prison, even though the offender is no longer under state/county/city probation or parole.
*Domestic Violence either directly or as witness to – due to the stress of offender parent not being able to get job, financial problems,marital strife, feeling isolated, hopeless to change circumstances in spite of having met all conditions of court sentence.

I’m sure there are many other ways and reasons how the offender registry affects children.

Its children primarily who is the focus of the registries protections and YET the most vulnerable and likely victims to this very scheme that was designed to protect them…

The next area I want ot begin to introduce into your thoughts is the Area of Juvenile Offenders. This is an aspect of the Adam Walsh Act that is simply mindblowing in its level of devastation and destruction of the lives of the children and their families who must succumb to the laws.

I want to state that in no way does KansasLaw.wordpress.com condone or support those who harm in any way shape or form- physical, mental, sexual, spiritual, or emotional-any person regardless or age,sex,familial status,religion,sexual preference,gender identity, criminal status or any other reason a person can conceive as to why harm, violence,degradation,abuse of ANY kind is acceptable. IT IS NOT! KansasLaw.wordpress.com is an avid supporter of the rights to safe and fair treatment of all persons. This is a birthright.

We will begin to explore the elements of the Juvenile Sex Offender Laws in the next few weeks. Why is this important, because this area of the law can affect any child who interacts with others at any time for dam near any reason! When you see the laws and some cases and the facts… You will want to throw away your teens phones, and lock them in the house away from all other teens, and instruct your young children to NEVER touch another human being again! The criminalization of America has begun and even our children are not safe!

Please take a few moments to contact Pat Colloton the express your feelings, thoughts, views and opinions on any aspects of the Kansas Offender Registration Act, and the Juvenile Justice System.

Capitol Office
Phone: 785-296-7631
Email:pat.colloton@house.ks.gov

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6 comments on “Punishment or Civil Scheme

  1. Hello, first off, I would like to thank Victoria for her courage to take that first step against our latest kick in the ass by our own government.

    This bill sounds like it should be named “The Witch Hunt”, but that term has already been used several times regarding Sex Offenders. Everybody has the same question, “Where does it end?”

    I can’t help to think that the latest act was done by a man, whom I feel, capitalized on a very horrible crime against his family. So with that, everyone in the country should be punished, even more, and more, and more.

    Everyone in this boat shares the same feelings. Remember, these new Regulatory changes to the law, pertain to persons who have been “caught”, convicted, released, and supposedly, our civil rights reinstated. The compliant ones, who go now, every 3 months, pay our $20, treated like crap by the staff doing our updates.

    The only job I could find, was a night job. When I get off in the morning, I am ready for sleep. But since I live in one county, and work in another county, I have to take another $20, and drive the 80 mile round trip to the county I work in, and do my update there too. When you work a $9.00 an hour job, that adds up quickly, or should I say deducted quickly.

    Most employers won’t even look at an application if the little box marked “Felony”is checked, let alone if you wear Sex Offender Banner. They see you as a liability to them, and a threat to other workers. I don’t think I need to share all the fun we have being on the list. All of our personal information out there for everyone to see.

    After watching the video of State Rep. Pat Colloton, I could only come up with one title for it, “Game On Sex Offenders!”. You could tell she does not have any kind of a Christian Heart, and that’s sad. Your best bet, is just to flee the State of Kansas. Didn’t Hitler have an idea like that? If the lawmakers feel that strong against sex offenders, they should just deem us all as Predators, and leave us locked up. It’s clear that is their goal, to follow us and follow us, until that one time, we mess up, forget to register on time, then as Ms. Colloton says, we will go to prison for a long, long time.

    I can only hope that we can get law makers in office, who will look at the totality of these changes to the laws that not only effect us, but our families. That they do away with the Adam Walsh Act, and look at how they can take people off the list, so we can put closure to the horrific event in our lives. Set some goals for us to work for, to prove ourselves even more than we already have. I would like to see the day that we really do our rights reinstated. I would like to have a Facebook page, or something like that, that I can’t have now, because I lost that right.

    I know it would take some guts from a legislator to bring that to the table, but if they look at the money it would save the state, county, and us, it could be a selling point.

    I applaud Victoria, and everyone that taking part in this, and could only wish I could do more.

    John

    Wichita

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  2. I wish that people would realize that many men and woman who have been charged with and listed as a sex offender are possibly not guilty to have the title SEX OFFENDER! Some have been told that if they don’t make a plea they will face prison. What option would you choose? The plea without prison or the chance of prison regardless of whether you are guilty or not. The states will lose funding if this law is not in effect. Really Kansas! Do people not stop and think for one minute that many are accused of a crime that they probably did not commit. Being 49 years old, things were done as I was growing up that were much worse than what some of these men and woman have done but yet they get the title sex offender. If you touch a person and that person cries wolf, good chance is you are now a sex offender. Does there sound like there is a problem with this? Before a person assumes someone is a legitimate sex offender they probably don’t know the facts.

    Mother of a registered sex offender.

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  3. It is a shame that when 2 teenagers consent 15 and 18. The man goes to prison for 3.5 years. he is released, after 10 years of registering, then he is made to register another year. well, another year went by and they “Kansas” tell him he will have to continue to register. I contacted my attorney, he found out that kansas set him up for a review in 2026. My son will be 35 this november. he has 2 children that love him dearly.
    When you or anyone complies with a sentence and does their time, they should be released as court ordered. A long life of holding a job where?
    Being looked down on, harassed, people always trying to cause him some kind of grief. let alone others talking to the kids about their dad. Teen mistake ruins a good mans entire life!
    So what about the girl in the whole senerio? She continued to live with her mom and her 18 year old boy friend. Not allowed to be mentioned in court, he was not on trial. Instead of going on and on. I feel each case should be individualized. Being made an example of to others that this will not be tollerated. “One notch under that judges collar”. Kansas is a broke state, it is all about the money. I e-mailed this Mrs. Colloton. Waiting to hear back. There has to some changes for those that were teenagers or in this situation now as a teen. All circumstances should be looked at, all I ask is for my son to be released, and everyone who has to deal with a wrongful label I pray that the community become aware of the case, before making others lives miserable.

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  4. Are there no attorneys out there who are willing to help fight to get this law reversed and help these KIDS! I totally agree that Kansas is truly a broken state. When intercourse wasn’t even in the picture and it was merely touching. Why does a teen have to have their life ruined by having to register longer than the courts originally ordered. What good is it to even have a court system if and a plea be made because the male or female was afraid of having to go to prison. If due time was serve then let these people have a life now. It is definitely all about the money. 1 Timothy 6:10 For the love of money is the root of all evil. Not all offenders are dangerous and a threat to our communities.

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  5. […] I want to remind you to read this POST and write your letters […]

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  6. Very wrong, there are attorneys all over the state that are challenging this law. Its a bad law very very bad and I hope Rep. Pat Colloton never has a family member mess up. If Ms Colloton had a child on the registry I gurantee you she would have not been so excited about passing the law. Ms Colloton you are a evil person and I would say that to her face. The people on the registry were sold out for money. I do not have a problem with the laws being stiffer but not retroactive. We pleaded out and 3 months later get another 15 yrs throwed at us. We may of possibly went to jury trial and how many others would have. This is a shame Ms Colloton and to all who voted on it. This is where this needs to go. As I have go to your State Reps and Senator and complain. My Senator had no idea what this law was about and that refreshing to know. I will not tell our story on here but there was nothing tricky done it was a mistake. Call an attorney, call elected officals and write whoever.

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