Families of SOs Community Group
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My husband is discharging in March from an Oklahoma prison. He will transfer into Arkansas. I am reading all the horror stories on here and am just wondering if anyone knows what I'm in for. I've called the sex offender deputies office, DOC, Sheriff's dept, and local police dept and am told different scenarios from each. No one seems to be able to tell what our restrictions will be until he's accessed at discharge. I know he has to register and I've got the levels down. But these polygraph tests you all mention - are they in our future? Penile tests? Travel restrictions? Halloween celebration restrictions? Can he go watch my daughter play softball at a local park? Can he go to amusement parks? Can we go dancing at a club? Can he hunt black powder or not? Do we need permission to go to church? We've never been through this before. I thought it was almost over. Is that true?
They no longer offer a sex offender treatment in the Oklahoma prison system as budget cuts forced them to discontinue the program a few years back. Before that, Joseph Harp, a medium security prison close to Lexington in Oklahoma, offered the program and all sex offenders were sent there to attend the program before release. I did not allow them to send me there, but most did.
All the inmates that admitted guilt were assigned the program in classification at A&R.
http://tinyurl.com/k7yw36l
Your husband is fine. He will be released just as I was with no paper time.
No, he will never have to undergo this barbaric procedure.
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Penile tests? - Not nearly as common, it is a possibility but I have yet to hear of one given in WI except to those civilly committed.
Travel restrictions? - While on supervision there will be restrictions probably to immediate county without expressed permission.
Halloween celebration restrictions? - No more giving out candy or having a light on while on supervision, after supervision it will vary by community and state.
Can he go watch my daughter play softball at a local park? - while on supervision it will depend on the PO and the local laws. After supervision it will only depend on the local laws.
Can he go to amusement parks? - Probably, unless otherwise prohibited by law.
Can we go dancing at a club? - Sure as long as the PO approves, he'll have a curfew and restrictions.
Can he hunt black powder or not? - Being a felon usually means that he can't own a firearm at all ever again. The blackpowder is a gray area due to the fact that it isn't a speedy reload and not nearly as accurate as a modern bullet. Much of that will also depend on the rules in the state when he is off supervision. While on supervision owning and shooting a firearm is probably strictly prohibited.
Do we need permission to go to church? Usually only from the pastor, but sometimes there is local ordinances. POs generally do not prohibit religious venues.
We've never been through this before. I thought it was almost over. Is that true? - Supervision is just one more step in the 'punishment & rehabilitation process' for corrections. Just remember that while he is on supervision he is NOT free, he is still under the custody of the BOP and they can do what they like with him until his sentence is complete.
I was discharged with no paper time just as your husband will be.
Other than the registry and its restrictions, he will have all the rights and privileges that you do. He is not on probation or parole so he is no longer under supervision from the courts.
This means no polygraphs or penile tests, nor can LE enter your house without a search warrant signed by a judge.
He may have residency restrictions in Arkansas, but that is only because of him being on the registry. I think Arkansas used to have a 2,000 foot restriction around schools and daycare centers.
Some states also have child buffer zones, usually 500 feet. These zones are areas that a registrant cannot even be present----though some statutes say loitering instead of just being there-----at any time. He cannot ever set foot on school grounds, but it is permissible in some states if he receives permission from the school officials.
He will not have any travel restrictions in that he can go anywhere you can go except there are laws in some states that mandate him registering in another state if he stays an "x" amount of days. And in some states he must notify his home state if he plans to stay in another state for those specified days.
I went anywhere I wanted when I was on the registry. There will be no real travel restrictions since he is not on probation or parole. I am not sure about traveling out of the country.
I don't know if they have the Halloween restrictions in Arkansas, but you can check. I know if he is off paper they cannot restrict him to his house that night as that would amount to a form of house arrest, which they cannot do if he is off paper.
He can watch your daughter play softball at the local park.
There is a debate over amusement parks. Some claim that Disney World has restricted sex offenders, but I have heard other offenders claim they had no problem. A local amusement park would be nothing to worry about.
Of course, he can go to the local club. He will have no restrictions on alcoholic beverages as probationers have and he will not be anywhere that kids congregate.
He can go shopping anywhere he wants, out to eat, walk the dog, etc. Some states have laws that registrants cannot enter public parks, so check that out.
I don't think he can own a firearm since it is against federal law for a felon to be in possession of a firearm. I know some states do allow it, but I don't know if Arkansas is one of those states. The DA or sheriff would know.
Church attendance is sort of "iffy." Some places discourage church attendance as children are there. I don't know what Arkansas' restrictions are and your particular church may have rules of their own.
You are home free except for the registry. He can do most everything you can do as his wife, but there are a few registry restrictions.
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He is discharging his entire sentence in prison and will be released with no paper time, so he will not have polygraphs.
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Another resource for the laws would be an attorney, as they will know how LE might go after someone with the statutes in place.
LE - Law Enforcement
I hope it works out for both of you.
Regards
buildingupslow