Families of SOs Community Group
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I'm so glad I stumbled across this group: I am looking for any guidance, advice, suggestions from persons in a similar situation. I am a 26yo gf to a level 3 SO (registered in MA): his registration became public about a month ago. I want to add that he was convicted for indecent assault...no minors involved, no rape, no force...he was grabbing butts of random women and was obviously reported. We both can't understand why he was given a level 3. Well, 2 weeks ago our neighbors received notification flyers. We haven't had any "trouble", but both my bf and I are still nervous. Wondering if others have had the same experience, with othere being notified like this? Have you had negative interactions from it? We are expecting a baby boy next month (which we and our families are so excited about) but I'm uneasy about the implications: can he go drop our son off at school? Can he go to playgrounds? Are we obligated to notify parents of our son's playmates (even though no children were involved in his case)? Any advice would be so helpful - thank you in advance
Yes, Massachusetts no longer has any residency restrictions or buffer zone restrictions. The residency restrictions were struck down in 2015 by the Massachusetts Supreme Court. But there is an exception. If he is on any form of probation, parole, or supervised release, his PO may not allow him to live or even be near a school. If not, and he is only on the registry after completing his court mandated sentence, then he is not subject to any residency restrictions or buffer zone laws.
http://tinyurl.com/y93qfp4l
You asked, “Can he go to playgrounds?”
Again, if he is not on probation or parole, then yes, he can go to parks or playgrounds.
You said, “Are we obligated to notify parents of our son's playmates (even though no children were involved in his case)?”
If he is only on the registry, he is not obligated to tell anyone about his sex offender status.
If you have any more questions, contact me via a private message or ask in this thread.
Have a wonderful life and enjoy that baby boy.
rewdiazepam
Probation, parole, or supervised release is also referred to as “paper time.” If an inmate is on any form of paper time, he is still under the custody of the state since he has not completed his court mandated sentence. Therefore, he is under the control of the courts, with the PO ensuring that the court order or the probation rules are being followed.
Probation or parole is often referred to as “being in prison without the walls or razor wire,” and this is correct. A probationer is still under the custody of the state as in the case of the DOC or the feds as in the case of the BOP.
Even though there may be no residency restrictions or buffer zones for a certain state, the PO can still dictate where the probationer can and cannot live. Since he is on probation, the PO will probably tell him he cannot live within a certain amount of feet from a school, daycare center, park, playground, or anywhere children congregate. Probation often entails curfews, polygraphs, drug tests, and other rules. Probation rules are tailored to the defendant and are a part of sentencing, so not every offender will have drug tests or polygraphs to deal with.
But your guy can go wherever he wants once he is off probation.
rewdiazepam
We have a son who is about to turn two and just found out we are expecting our second child. Would just like to offer support if I can, I know it can be difficult and scary because your own children will somehow be affected by their fathers (which is complete bologna if you ask me). We also recently moved (within the last 60 days) so our neighbors have all been notified and it's made for a really awkward situation. No one is outright mean or rude, but everyone definitely avoids us and it makes it uncomfortable.
Good luck to you and your family on the birth of your baby boy. Cherish every moment. <3
I don’t know when your husband was convicted, but the Sixth Circuit—a federal court of appeals--- ruled earlier this year that Michigan could not retroactively apply some of the harsher registration requirements (such as changing a 25 year registration to life) as it was unconstitutional. You may or may not be aware of this ruling. I believe Michigan increased the registry requirements in both 2006 and 2011, which was illegal.
If your husband was convicted before Michigan enacted these harsher registry requirements, then he may get some relief, as the court ruled that Michigan could not increase a registrant’s registration requirements if his date of conviction preceded the date of the enactment of the law.
http://tinyurl.com/ycekb824
“Today the U.S. Court of Appeals for the 6th Circuit held that recent amendments to Michigan’s Sex Offender Registration Act (SORA) are unconstitutional because they impose retroactive punishment on sex offenders in violation of the Constitution’s prohibition on ex post facto laws. Among other things, the plaintiffs argued that amendments to Michigan’s SORA increased the severity of its requirements after their convictions imposed retroactive punishment. In John Does #1-5 v. Snyder, the Sixth Circuit agreed.”
“WE CONCLUDE THAT MICHIGAN’S SORA IMPOSES PUNISHMENT. And while many (certainly not all) sex offenses involve abominable, almost unspeakable, conduct that deserves severe legal penalties, punishment may never be retroactively imposed or increased. Indeed, the fact that sex offenders are so widely feared and disdained by the general public implicates the core countermajoritarian principle embodied in the Ex Post Facto clause. As the founders rightly perceived, as dangerous as it may be not to punish someone, it is far more dangerous to permit the government under guise of civil regulation to punish people without prior notice. Such lawmaking has “been, in all ages, [a] favorite and most formidable instrument[] of tyranny.” The Federalist No. 84, supra at 444 (Alexander Hamilton). It is, as Justice Chase argued, incompatible with both the words of the Constitution and the underlying first principles of “our free republican governments.” Calder, 3 U.S. at 388–89; accord The Federalist No. 44, supra at 232 (James Madison) (“[E]X POST FACTO LAWS . . . ARE CONTRARY TO THE FIRST PRINCIPLES OF THE SOCIAL COMPACT, AND TO EVERY PRINCIPLE OF SOUND LEGISLATION.”). THE RETROACTIVE APPLICATION OF SORA’S 2006 AND 2011 AMENDMENTS TO PLAINTIFFS IS UNCONSTITUTIONAL, AND IT MUST THEREFORE CEASE.”
Read the rest of the article and you can see the aggravation the justice had with the manner in which Michigan was carrying out the sex offender registry. Right now, the sex offender registry in Michigan is in limbo, as lawmakers decide what they want to do.
This was a LANDMARK decision by the federal court. The female justice who made the ruling blasted Michigan for the manner in which they have been running their sex offender registry. This was the biggest court ruling to go in favor of sex offender registrants since the inception of the registry.
As a result, Michigan is being forced to rewrite many of its registry laws and restriction. When the legislature does rewrite the registry, it will be much less burdensome for folks like you, your husband, and your family. The modifications may well affect your husband.
I don’t know the date of his conviction or the details of his case, but you might check into this federal court ruling. It may very well affect your husband.
Just trying to get your family some relief from this awful registry.
rewdiazepam
I’m looking for guidance on different states to possibly move to. .
My fiance and I live in Arizona (Maricopa County). He is on lifetime probation. He never served prison time so he is not on parole. He has been on probation for 4 years now. Last year I unexpectedly became pregnant and we had our son in October. Probation made me move out with my son the moment I came home from the hospital with him and for the first month gave him no contact with our son. His offense is not with a family member or males. We are now allowed to be altogether three times a week for 6 hours at a time. We petitioned the court to be able to live together again and today found out we were denied. I’m hoping someone out there might be or know someone in a similar situation where they had a child WHILE on probation. It was so foreign to even the probation officers to have a probationer have a child while on probation that they didn’t even know what to do so my son has been deprived a chance to be with his father while everyone figures out what to do. I’m hoping there is a state out there that we could move to and be a family again