HB 85, a sex offender anti-clustering law, if passes, will lead to disastrous consequences like absconding offenders and increased recidivism. The state should repeal residency laws in favor of evidence-based rehabilitation and education programs.
FOR IMMEDIATE RELEASE
The state of Alabama currently has a 2000 foot living and work restriction in place; as a consequence, the vast majority of registered citizens, intent on obeying the law after serving out their sentences, are forced to live in very small pockets where they are legally allowed to live and work people will rent to them. The so-called “sex offender clusters” were created by residency restriction laws. For this reason, a growing number of states, like Iowa, and municipalities across the United States have scaled back residency restrictions. Studies in Minnesota and Colorado have shown residency restrictions not only failed to protect citizens, they may actually encourage recidivism. Unlike other states, Alabama's state legislators have decided to exacerbate the problem by creating further limitations on where those forced to register can live.
If HB 85 passes, thousands of Alabama's registered citizens will be forced out of their homes, and that instability has been proven to increase the likelihood of re-offense. When Iowa created their residency restrictions in 2005, they saw a 350% increase in homelessness, and increase the failure to register cases, and even a slight increase in sex crimes in that state in the year following an increase of residency restrictions. In short, while increasing residency restrictions sound good on paper, it actually encourages crime.
Those who sponsor this bill claim that when sex offenders are concentrated in a particular area, this somehow poses a higher risk. Studies have found the opposite; the 2003 Colorado Department of Corrections study on residency restrictions found that residency restrictions had absolutely no impact on recidivism, but a positive living environment, such as a halfway house or with a supportive family, increases an offender’s likelihood of living a productive, successful life once their sentences have been served.
Recidivism among those convicted of sex crimes are already far lower than comparable crimes; the US Department of Justice found after three years, only 3.5% were reconvicted of a new sex crime. Longer-term studies have found recidivism rates are lower than comparable offenses. Interestingly, in an e-mail from Sen. Wallace, sex offenders were compared to “crack addicts”, implying that merely forcing them to live a certain distance away from their “addictions”
Sex offenders are not a homogenous group. Not everyone on the registry will reoffend in spite of the laws, not because of them. Sex offenses are not a matter of geography, but of relationships;
ReFORM-AL strongly opposes HB 85. We believe this bill will cause far more harm than good for our society. While it may be popular to harm those convicted of sexual offenses in every way possible, our focus should be on doing things that work, rather than things that simply feel good. This law will ultimately backfire; if passed, expect to see an increase of homeless registrants, registrants who simply failed to register, and a possible increase of sex offenses. We are not even addressing the fact that the vast majority of sex crimes are committed by people with no prior record (about 95% of sex crime arrests). Thus, we are devoting a large amount of resources focusing on roughly 5% of the potential threat at best; only about 5% of that 5% will likely re-offend.
Instead, ReFORM-AL would like to offer a solution based upon solid research and experience. Residency restrictions have been proven to be counterproductive;
The state of Alabama is only one of seven states that do not support treatment programs of any kind. The sponsors of this bill deny any effective treatment program exists, despite the evidence given by 43 other states and a number of nations around the world that treatment programs that stress accountability, empathy, and responsibility are very effective. This bill, despite the included language that claims an “exception”
Instead of promoting the treatment, rehabilitation, and education programs proven to reduce recidivism, they are choosing to gamble with the lives of your children bypassing feel-good legislation proven time and time again to exacerbate the problem of great concern and our society. Revenge driven laws have proven to make things worse; tough on crime does not mean smart on crime.
The bottom line is if you truly care about children, you will also oppose HB 85. Our efforts to reduce sexual offending in this country should begin with evidence-based education and awareness programs that stress sexual accountability, responsibility, and open communication, coupled with services that provide proper treatment for those who have sexually offended so they at are at least given the opportunity to atone for their past crimes and become a productive member of society. Doing this is not “sympathy for sex offenders”, but in investment in ending the perpetuation of all manners of violence in our great nation.
Derek W. Logue
ReFORM-AL (Registered Former Offender Restoration Movement)