Families of SOs Community Group
WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...
2012 I married a wonderful chinese lady from California.
Bought our second home in 2017 in Ga where I live now. The bigger the city, the better your chances of finding work. Don't pay attention to what people say about Ga and SC being bad to live in. I moved to Ga because here I have no restrictions and only register once a year. in sc it was 4 times a year and had to pay 150 dollars a year. I still had money and could afford nice things. no one has harassed me except when at places of employment where you have coworkers. that is why trucking is the best profession for rso's.
I help people who want to become truck drivers by telling them what companies will give them a chance right out of school.
What a wonderful testimony you have. We need more stories like yours. Some people feel as if the registry and prison are life-enders, but that is not true. People like you have done well after a sex offense conviction. Most people only hear about the failures since they make the headlines; the successes are never publicized.
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I don't know what kind of money your bf makes in carpentry but most likely in Mass its a union job and he makes good. I only have job contacts in SC so I really cant help anyone who is not willing to say goodbye to their home state for a few weeks.
Okay I understand. I hear most CDL jobs require travel, but I have seen a few postings in Mass on Craigslist & Indeed that he can apply for. Thanks anyways !
Where in the hell have you been?? I still think about you from time to time and wonder how you are doing.
How could I forget you with all your conspiracy theories and your epic battles with Coastie?
How are you doing these days?
So, Aaron got married? See, there is life after this, as Aaron was a registrant out of Arizona.
I remember Aaron’s criminal case and how you were so courageous to always support him.
No, Amy I did not forget you and I am so glad to see you around.
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I currently live in SC. And I have several questions please inbox. And thank you for your success story.
How does Probation and Parole Restrictions supersede SC law?
He is on 5 years Probation, how long does one usually serve their sentenced probation?
Any help is greatly appreciated!
Since someone on any form of paper time is still serving their sentence, the court controls the restrictions and not the state. I will give you a couple of examples.
Some states have no residency restrictions for sex offenders in that RSOs can live anywhere they want and are not restricted from living “X” number of feet from a school, daycare center, park, playground, etc. Even though there is no state statute regarding these residency restrictions, the probation officer---through the court (remember any probationer or parolee is still under court supervision since they have not completed their sentence)----can forbid a probationer from living a certain amount of feet from a school.
Another example is that there are also no state statutes that require RSOs---registered sex offenders----to take periodic polygraphs or attend group therapy. Yet, polygraphs and therapy are usually required on an offender on any type of paper time.
You said, “He cant live at home because our home is close to a church/daycare and PPP says because we have a child. SC laws say otherwise and we have a court order from AL saying he can live at home.”
Your husband cannot live at home not b/c of any law, but b/c he is still on probation and under control of the court sentencing through his probation requirements. As long as he is on probation, the PO can, within reason, place restrictions on the probationer.
It is important to note that POs---probation officers----do not actually make the rules or set up the restrictions of probation. The restrictions are made by the court. The PO is an officer of the court and his job is to see that the court orders regarding probation are followed.
BUT, in most probation agreements, there is a clause that infers “the PO can use any reasonable restriction needed for the rehabilitation of the offender.” The exact language differs from court to court, but this gives a PO wide latitude to enforce their own interpretation of the rules.
But even then, the PO cannot get too cute and start adding restrictions that do not relate to the crime or are overly restrictive. I will give you a silly example, but it will get the point across: If a PO restricted a probationer from owning a certain color automobile---say red in color---that would be an unreasonable restriction not related to the offense. At that point, the probationer---the offender---can petition the court to have his probation modified to have this restriction changed. Remember, that the judge is the sole and final arbiter in these situations, NOT the PO.
You said, “He cant live at home because our home is close to a church/daycare and PPP says because we have a child. SC laws say otherwise and we have a court order from AL saying he can live at home.”
Once he is off probation IF there are no residency restrictions in the state, he can live where he wants. If there are residency restrictions in that state, he will have to obey them when he gets off probation just like any other RSO.
Once he is off probation, he can live with his child or any child since I am not aware of any state that has a law that a registrant cannot live with a minor. A few states might prevent him but only if the child was the victim of the crime, which, in your case is not the case.
You said you had a court order from Alabama saying he can live at home. Since you are using Interstate Compact, that is an issue that Alabama and SC will have to fight out. I just imagine that since your residence is now in SC, they will not honor a court order from Alabama.
I went to the Interstate Compact site and found this, which is the rule that SC is apparently using to prevent your husband from living at home---
https://tinyurl.com/y7beqvth
“A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.”
If you could get a court order for him to live at home in SC, it would solve the problem of him living with his son, but if there are residency restrictions regarding RSOs in that state---which I think SC has residency restrictions---a court order would not be of any benefit. A judge cannot issue a court order to change the law. Judges act in accordance with the judicial branch of our government, while laws are enacted by the legislative branch. The Separation of Powers Doctrine states that one branch of government cannot intrude on another branch.
You said, “He is on 5 years Probation, how long does one usually serve their sentenced probation?”
Any probationer can petition the court for a modification / termination of probation at any time, but most attorneys advise that the probationer serve about half his probation before he attempts to have his probation terminated. At close to the halfway mark, if he has completed all his programs, has a good relationship with his PO, and has paid all his court fines, there is a decent chance that he can petition the court and have his probation terminated. If not terminated, he can have the restrictions diluted to the extent that probation would be much easier.
Hope this helps. Your husband and your family will feel 100% better when he gets out from under probation. The restrictions on the registry are much less burdensome than those on probation.
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