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September 11, 2006
Another twist on (and twisted) sex offender restriction
This weekend, I asked here for information about compilations of state and local laws creating sex offender residency and movement restrictions. In addition to a number of helpful comments, I received this fascinating report from Tennessee attorney David Raybin:
Effective July 1 the Tennessee legislature enacted the following amendment (below) prohibiting sex offenders from attending sex offender treatment if the treatment program is within 1000 feet of a "child care facility" or related places where children go such as a playground. This is a disaster because such places as Vanderbilt have a number of certified sex offender treatment providers, but Vanderbilt has a children's hospital and most if not all of the doctor's offices are across the street from a school. In one fell swoop Vanderbilt loses the ability to treat sex offenders. In smaller towns there is ONLY one treatment provider and, being a small town, is close to a day care or a school etc.
There are a dozen statutes mandating sex offender treatment. Just exactly where are these folks to go? I have a client who is court ordered to treatment and has been going for years, but now we find his doctor is in the "zone of exclusion."
I am at a loss to understand WHY this ever became law and if anybody thought about the horrible consequences of this which is counter-productive of what the other legislation is seeking to accomplish. This provision regarding treatment providers should be repealed. These sex offenders have become the new lepers. W e will soon require that they all be tattooed with barcodes.
SECTION 20. Tennessee Code Annotated, Section 40-39-211, is amended by deleting subsection (a) and substituting instead the following: (a) While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202(16), or violent sexual offender, as defined in § 40-39-202(24), whose victim was a minor, shall knowingly establish a primary or secondary residence or any other living accommodation, or knowingly obtain sexual offender treatment or attend a sexual offender treatment program, or knowingly accept employment, within one thousand feet (1,000') of the property line on which any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public.
September 11, 2006 at 06:30 PM | Permalink
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