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
* 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.