Reply #22: Some comments

[happyslug]

First, Lets define some terms:

First when I use the term "sexual predators" I have to exclude cases like when a 19 year old who had sex with his 16 year old girlfriend. Technically he is guilty of statutory rape in many states. What he did was wrong but as a general rule he will NOT go after another 16 year old. Thus while technically is a sexual offender and added to these lists he is NOT a sexual predator.

Most Sexual Predators can NOT stop their predation. On the other hand you do not want to lock them up for the rest of their life and thus provide them with incentive to KILL their victims instead of leaving them go (If the punishment for murder and sexual assault is the same, the Sexual predator then has every reason to kill his victim, one less wittiness, as opposed to leaving her go. If the punishment is less for the sexual assault you encourage such predators NOT to kill their victims.

Thus the great dilemma, how do you handle such predators once they get out of jail (and you will leave them out for you do not want to encourage them to kill their victims). In the past we just left them, go and they raped again.

On the other hand if their are free from prison they have to live someplace. I know people do not want them near their kids, but these people have to live someplace. People tend to have children when "young" and thus not in their peak earning years, thus a tendency of Children to live in lower class housing, which is also what most ex-felons can afford.

Thus this is rarely a problem for well to do neighborhoods, the Ex-felon sexual Predator rarely can afford to live in such neighborhoods (He rarely has the income for such housing).

Given the above you have to provide some sort of Housing for such people. Now when I mean provide I mean provide NOT what is being done in this case, which is a ban except in certain restricted neighborhoods. There is no evidence that any housing exists in these neighborhoods so for all practical purposes this is a BAN on such people living in that town and as such is unconstitutional (You have the right to live anywhere provided you have the money to pay).

The problem is that neither the STATE, COUNTY or LOCAL Government want to provide such housing. Once the person is out of the State Prison System, that State and County want no more to do with the ex-felon. No one wants him, in many ways rightfully so, but he is still a Human Being and deserves to be treated as one (and at the same time protect society from his predations).

Thus the best solution is to provide housing for such people on a permanent basis. Everyone in town will know a certain set of housing is reserved for such people and keep their children clear of it. Probably permit a Psychologist to determine if the person is truly a "Sexual Predator" before being assigned to the housing but told he has to live there (or a similar housing in another jurisdiction) until a Psychologist rules he is NOT a threat to Society (Which will rarely happen given the background of such sexual predators).

This will be opposed for no city or town will want to have them in their city or town, but under the Federal Ruling upholding Zoning laws, if you have to Zone for everyone including sexual predators. You just can NOT zoned them out of your town. Anyway Zoning is a bad way to control this problem, where providing housing and warnings will be more effective.

Thus the best solution to this problem is a combination Psychological and housing solution. Once a person is released from Prison he should be evaluated. If still a threat to Society restricted as to where he can live. The restrictions must be the least possible while protecting society thus the above solution. The way to do this is to make all sexual crimes subject to a life-time period of Parole and probation. Thus following the rules is a requirement of the Parole and probation and if violated he goes back to jail. This permit constant review and supervision of the Sexual Predator. If he is determined that the best place for such a person to protect society is in a mental home that should be an option, if a less restrictive place is recommended that should be an option.

My point here is what should we do as a society where you have a sexual predator WHO HAS SERVED HIS TIME? You do not want him near any potential victims, but having served his time he has to have some freedom of movement. My solution of providing housing is the best solution I can come up with. The solution of zoning such people away does NOT really address the problem of what to do with these people.