Sex Offender residence question??

If you violate a sex offender and he is living at his mom's house lets say and an ordinance was put in to limit where they can live in that city but he was grandfathered and lets say the judge tosses the VOP, but the sex offender was locked up for 20 days on the VOP before it was tossed and the ordinance states a residence is somewhere you stayed for atleast 14 days would I be in the right to tell the sex offender he must move now because the jail was his residence for over 14 days making the former residence off limits to him now? Long question but curious if anyone has had this happen yet or has an answer?

If you violate a sex offender and he is living at his mom's house lets say and an ordinance was put in to limit where they can live in that city but he was grandfathered and lets say the judge tosses the VOP, but the sex offender was locked up for 20 days on the VOP before it was tossed and the ordinance states a residence is somewhere you stayed for atleast 14 days would I be in the right to tell the sex offender he must move now because the jail was his residence for over 14 days making the former residence off limits to him now? Long question but curious if anyone has had this happen yet or has an answer?

No, but I'm sure you have an answer. Try discussing this issue with your sup.

If you violate a sex offender and he is living at his mom's house lets say and an ordinance was put in to limit where they can live in that city but he was grandfathered and lets say the judge tosses the VOP, but the sex offender was locked up for 20 days on the VOP before it was tossed and the ordinance states a residence is somewhere you stayed for atleast 14 days would I be in the right to tell the sex offender he must move now because the jail was his residence for over 14 days making the former residence off limits to him now? Long question but curious if anyone has had this happen yet or has an answer?

No, but I'm sure you have an answer. Try discussing this issue with your sup.

My sup would say he has to move probably, but she always says to interpret to say no to sex offenders on almost everything. I just want to know the legal thing I guess.

[Merlin]

My sup would say he has to move probably, but she always says to interpret to say no to sex offenders on almost everything. I just want to know the legal thing I guess.

It sounds like your ordinance is new and not enough people tested the legal limits. Set the pace yourself. Do what you think is right. If you can easily see at least 2 interpretations of the law then do what's best for the community. Is it better to have an offender live in a stable environment with family support? Or is it better to force him to move or possibly abscond because of lack of options? If the guy's permanent address was registered during the 14 day time period in question it seems to me the answer to your question is there.

My sup would say he has to move probably, but she always says to interpret to say no to sex offenders on almost everything. I just want to know the legal thing I guess.

It sounds like your ordinance is new and not enough people tested the legal limits. Set the pace yourself. Do what you think is right. If you can easily see at least 2 interpretations of the law then do what's best for the community. Is it better to have an offender live in a stable environment with family support? Or is it better to force him to move or possibly abscond because of lack of options? If the guy's permanent address was registered during the 14 day time period in question it seems to me the answer to your question is there.

i would have to agree...i don't think probation/parole wants to open that can of worms...since according to the new law it is also a felony not to report an offender who is not in compliance with the registration laws...and if you are saying that while he was in jail he was not in compliance...well that would make you liable as you didn't notify registration of the change now wouldn't it.

[mystikwarrior]

well that would make you liable as you didn't notify registration of the change now wouldn't it.
That's a good one. I can see the headline:
"PO Arrested - Failed To Tell FDLE Offender Was In Jail".

Thing is I imagine an offender on supervision who gets thrown in jail in a VOP has the info promptly entered in the DOC computer and passed on to FDLE. So they're covered. Not sure how the offender is supposed to comply with all his requirements though. Like 48 hours to update their DL with the new address.

When a probationer goes to jail or gets released it's assumed he did not move. If he did move then I suppose I would have to violate every single offender on my caseload who was released fom the county jail and returned to his home without my permission. Likewise, if one of my probationers was arrested last night and moved to the county jail, I supposed I'd have to violate him for not only moving without permission but for failure to register.

Let's use some common sense here. If a sex offender gets locked up DOC registers the temp address. It's assumed when the Judge lets him out he will be returning to his permanent address unless some other address was approved by the PO. Haven't we all been in a position at least once where an inmate was released and moved to an unknown location? Why do we violated him? Because we expected him to return home at his last approved residence and he didn't.

This situation begs the question as to whether DOC is enforcing the local ordinances or is the local Sheriff's office? From my understanding DOC isn't approving placements if they violate the ordinances? Am I correct?

[mystikwarrior]

This situation begs the question as to whether DOC is enforcing the local ordinances or is the local Sheriff's office?
It isn't DOC's job to 'enforce' the ordinance. But it is up to DOC to be sure the offender complies with his probation conditions. Typically one of those says something like "shall not violate the laws of any governmental unit".
Personally I believe state sovereignty trumps local and if DOC places an offender at a particular address then it makes no difference what the local laws say about it. But DOC isn't going to throw its weight around like that. More media attention and that would be bad.

If you violate a sex offender and he is living at his mom's house lets say and an ordinance was put in to limit where they can live in that city but he was grandfathered and lets say the judge tosses the VOP, but the sex offender was locked up for 20 days on the VOP before it was tossed and the ordinance states a residence is somewhere you stayed for atleast 14 days would I be in the right to tell the sex offender he must move now because the jail was his residence for over 14 days making the former residence off limits to him now? Long question but curious if anyone has had this happen yet or has an answer?

No, but I'm sure you have an answer. Try discussing this issue with your sup.

My sup would say he has to move probably, but she always says to interpret to say no to sex offenders on almost everything. I just want to know the legal thing I guess.

Have you contacted the SAO? Surely they can tell you if they would file charges on this type of situation. If they don't see a law violation and would not file charges then how could this situation possibly be a violation since his conitions aren't 2,500 feet nor did he require permission to go back home once released from jail?

If I recall correctly, Region 2 RD put out a e-mail instructing officers not to complete violations on offenders violating the county ordinances. Officer were to adhere to the order of the court. Did I read the email correctly?

If I recall correctly, Region 2 RD put out a e-mail instructing officers not to complete violations on offenders violating the county ordinances. Officer were to adhere to the order of the court. Did I read the email correctly?

I heard that too, but I also heard you were to tell them they couldnt live somewhere if it violated the ordinance. I mean unless others are, we will not approve a placement if it violates just the city ordinance, even if it complies with the 1000 foot state rule.