PETER: GOOD MORNING AND WELCOME TO ETHICAL PERSPECTIVES ON THE NEWS.  MY NAME IS PETER WELCH AND I’M THE MODERATOR FOR THIS MORNINGS PROGRAM.  THIS MORNING WE’D LIKE TO DISCUSS WHAT TYPES OF SEX OFFENDER LAWS ARE IN PLACE HERE IN THE STATE OF IOWA AND HOW THEY ARE ENFORCED AND THE ISSUES THEY PRESENT.  WITH US THIS MORNING IS MR NICK MAYBANKS WHO IS AN ASSISTANT COUNTY ATTORNEY AND HANDLES SOME OF THESE CASES HERE IN LINN COUNTY.  NEXT WITH US IS VALERIE DAVIS WHO’S THE DIRECTOR OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAM HERE AT WAYPOINT SERVICES IN CEDAR RAPIDS.  AND ROUNDING OUT OUR PANEL THIS MORNING IS MR BRIAN SISSEL WHO IS AN ATTORNEY IN THE PUBLIC DEFENDERS OFFICE AND WAS RECENTLY ANNOUNCED THAT HE WILL BE APPOINTED TO HEAD UP THAT OFFICE, CONGRATULATIONS BRIAN.

 

BRIAN: THANK YOU PETER. 

 

PETER: FIRST OF ALL CAN ONE OF YOU ENLIGHTEN OUR VIEWERS THIS MORNING ON WHAT TYPE OF PEOPLE ARE SPECIFICALLY TARGETED BY THESE TYPE OF LAWS AND THEY’VE BEEN CONVICTED OF WHAT TYPE OF CRIMES?  NICK, COULD YOU START US OFF?

 

NICK: WELL, IN GENERAL PETER THE PEOPLE THAT ARE SUBJECT TO THE SEX OFFENDER LAWS ARE THOSE THAT ARE CONVICTED OF CRIMINAL OFFENSES AGAINST, CRIMINAL SEXUAL OFFENSES AGAINST PERSONS AND PARTICULARLY ARE ALSO CRIMINAL OFFENSES AGAINST MINORS.  THESE INDIVIDUALS THAT ARE SUBJECT TO THE LAWS AND IT DEPENDS ON WHAT LAWS YOU’RE TALKING ABOUT, FOR PURPOSES OF THIS DISCUSSION I GUESS WE’D START WITH SEX OFFENDER REGISTRY WHICH I THINK MOST OF THE PEOPLE IN THE COMMUNITY ARE FAMILIAR WITH THAT TERM AND WHAT THAT INVOLVES, THESE WOULD BE INDIVIDUALS THAT ARE CONVICTED OF SEXUAL CRIMES IN THE STATE OF IOWA, THAT HAVE TO REGISTER AT THE TIME OF THEIR CONVICTION FOR A PERIOD OF TEN YEARS.  THEY HAVE TO PROVIDE THEIR ADDRESS THEIR PHONE NUMBER AND OTHER CONTACT INFORMATION TO THE SHERIFFS OFFICE IN THE COUNTY IN WHICH THEY RESIDE. 

 

PETER: BRIAN HAVE YOU HANDLED SOME OF THESE DEFENSE CASES HERE IN LINN COUNTY AND THESE ARE CASES THAT ARE BROUGHT AGAINST THE DEFENDANTS AND IT’S A CHARGE OF THE CODE OUT OF THE STATE OF IOWA IS THAT CORRECT?

 

BRIAN: IT IS CORRECT.  YOU KNOW AND IT RANGES ANYWHERE FROM CHILD ABUSE, SEXUAL CHILD ABUSE, SEXUAL EXPLOITATION, YOUR STATUTORY RAPE TYPE OF CASES, ALL OF THOSE FALL INTO THE, UNDER THE UMBRELLA OF A REGISTRY CASE. 

 

PETER: I SEE.  VALERIE, IF A PERSON WHO’S WATCHING OUR PROGRAM THIS MORNING WERE INTERESTED IN CHECKING OUT WHETHER SOMEBODY IS REQUIRED TO REGISTER OR SOMEBODY NEARBY THEY SUSPECT, HOW WOULD THEY DO THAT?

 

VALERIE: WELL I THINK PROBABLY THE BEST WAY IS TO CALL THE LOCAL SHERIFFS DEPARTMENT OR PERHAPS THE LINN COUNTY ATTORNEYS OFFICE.  THERE’S ALSO A WEBSITE THE SEX OFFENDER REGISTRY AND I DON’T KNOW ALL THE INS AND OUTS OF THE SEX OFFENDER REGISTRY BECAUSE THERE ARE SO MANY, I DON’T KNOW IF NICK HAS ANY INFORMATION HE WANTS TO SHARE ABOUT HOW PEOPLE ARE PUT ON THE REGISTRY OR NOTIFYING THE COMMUNITY ABOUT THOSE PEOPLE WHO ARE ON THE REGISTRY.

 

PETER: I DID SOME RESEARCH FOR THE PROGRAM AND I WENT TO THE IOWA REGISTRY ON LINE AND I PLUGGED IN THE ADDRESS OF CITY HALL AND I WENT FOR THE WIDEST DISSEMINATION OF SEX OFFENDERS AND I GOT 212 REGISTERED AND THEN I REGISTERED THE AMOUNT IN LINN COUNTY AND GOT THE NUMBER 281, DOES THAT REPRESENT A PRETTY GOOD APPROXIMATION DO YOU THINK OR ARE THERE A LOT OF UNREGISTERED OFFENDERS OUT THERE?

 

VALERIE: WELL, I DEFINITELY THINK THERE’S LOTS OF UNREGISTERED OFFENDERS OUT THERE.  THE THING ABOUT LIKE SEX CRIMES IS THAT THE MOST SEX CRIMES THAT ARE REPORTED ARE COMMITTED BY PEOPLE WHO ARE MAYBE STRANGERS AND THAT’S WHAT A LOT OF THE COMMUNITY THINKS ABOUT, SEX OFFENDERS AS STRANGERS, PEOPLE THAT ARE GOING TO COME AND STEAL YOUR KIDS OUT OF THE PARK OR THOSE KINDS OF THINGS BUT WE KNOW 80 TO 90% OF ALL SEX OFFENSES ARE COMMITTED BY SOMEONE THAT THE VICTIM KNOWS, SOMEONE THAT THEY TRUST SO THE MAJORITY OF SEX OFFENDERS, SEX OFFENSES AREN’T REPORTED THEREFORE NOT EVEN ON THE REGISTRY. 

 

PETER: NICK, CAN YOU TALK A LITTLE BIT ABOUT WHAT THE TASK FORCE IS AND WHO ITS COMPOSED OF AND POSSIBLY THE NOTIFICATION PROCEDURES?

 

NICK: SURE PETER, ACTUALLY THE NUMBER THAT I RECEIVED TODAY OFFICIALLY FROM THE LINN COUNTY SHERIFFS OFFICE, HE HAS 293 PEOPLE ON THE SEX OFFENDER REGISTRY IN LINN COUNTY.  PART OF WHAT WE DO FROM A LAW ENFORCEMENT PERSPECTIVE INVOLVING LINN COUNTY ATTORNEYS OFFICE, LINN COUNTY SHERIFFS OFFICE, LOCAL POLICE DEPARTMENTS LIKE CEDAR RAPIDS AND MARION POLICE DEPARTMENT, HIAWATHA POLICE DEPARTMENT, DEPARTMENT OF CORRECTIONS, JUVENILE COURT SERVICES ALL GET TOGETHER ON A MONTHLY BASIS IN A MEETING THAT’S REFERRED TO AS A SEX OFFENDER REGISTRY TASK FORCE AND AT THE SHERIFFS OFFICE WHEN WE HOLD THIS MEETING WE REVIEW ALL OF THE NEW REGISTRANTS ON THE SEX OFFENDER REGISTRY FOR THAT MONTH.  OUT LIST COULD RANGE ALL THE WAY FROM SOMETIMES 10 TO 30 OR MORE NEW REGISTRANTS.  BY NEW REGISTRANTS I DON’T MEAN NEW PEOPLE MOVING INTO THE COMMUNITY, I DON’T WANT TO GIVE MISINFORMATION ON THAT BUT PEOPLE WHO HAVE CHANGED THEIR RESIDENCES TOO.  WE’LL REVIEW THEIR RECORD, WHAT THEY WERE CONVICTED OF THAT LANDED THEM ON THE SEX OFFENDER REGISTRY, WHAT INFORMATION WE HAVE ON HOW THEY ARE PERFORMING ON PAROLE OR ON PROBATION OR WHATEVER STATUS THEY ARE ON, THEIR WORK HISTORY AND SIMILAR SORTS OF THINGS LIKE THAT AND DECIDE WHAT LEVEL OF NOTIFICATION WE WANT TO PROVIDE THE COMMUNITY RANGING FROM LEAVING THEM SIMPLY ON THE INTERNET FOR PEOPLE TO FIND IF THEY PRESENT A RATHER LOW RISK OR A NEIGHBORHOOD NOTIFICATION WHICH INVOLVES THE LAW ENFORCEMENT DEPARTMENT KNOCKING ON DOORS AND TELLING PEOPLE YOU HAVE THIS PERSON WHO’S JUST MOVED INTO THE NEIGHBORHOOD TO A FULL NOTIFICATION WHICH INVOLVES ALL THOSE THINGS IN ADDITION TO THAT CONTACTING THE MEDIA AND HOPING THAT THE MEDIA AIDS US IN NOTIFYING THE COMMUNITY. 

 

PETER: OK, A NUMBER OF TOWNS OR CITIES IN IOWA HAVE ENACTED CERTAIN TYPES OF RESTRICTIVE ZONING, DO WE HAVE THAT HERE?

 

NICK:  YEAH, I BELIEVE THAT WE DO.  FIRST OF ALL STATEWIDE, WE HAVE A LAW.  IT’S THE 2,000 FOOT LAW.  I GUESS I DON’T WANT TO TAKE UP THE TIME, BRIAN COULD PROBABLY TALK ABOUT THE 2,000 FOOT LAW AND SOME OF THE CHALLENGES WE’VE HAD WITH THAT. 

 

PETER: BRIAN, ON THE JURISDICTIONAL CHALLENGES FOR THE TOWNS THAT RUSH OUT TO MAKE JUDGEMENT AND MAKE IT CLEAR THAT NOBODY IN THEIR TOWN CAN BE AN OFFENDER, ARE WE TALKING ABOUT SOME PERSONAL LIBERTIES THAT ARE GOING BY THE WAYSIDE POSSIBLY?

 

BRIAN: OH I THINK ABSOLUTELY YOU ARE AND TO BE HONEST WITH YOU I DON’T KNOW IF THEY’VE BEEN CHALLENGED, I BELIEVE THEY HAVE AND I DON’T KNOW OF ANY COURT WHO SAID YOU CAN’T MAKE RESTRICTIONS LIKE THAT.  I KNOW STATE LAW, THE DAY CARE CENTERS AND THE SCHOOLS, THE 2,000 FOOT RULE WHICH HAS BEEN UPHELD BY THE SUPREME COURT, BUT I THINK THOSE TOWNS THAT GOT IN WHO MADE THOSE RESTRICTIONS FOR OCCUPANCY, I DON’T KNOW OF ANY OF THOSE WHO HAVE BEEN STRUCK DOWN. 

PETER: WELL THERE WAS AN EDITORIAL IN THE DAILY IOWAN TALKING ABOUT THE IRONY OF YOU COULDN’T HAVE A SEXUAL OFFENDER WHO WAS ON THE REGISTRY LIVE NEXT TO A SCHOOL OR A PLAYGROUND BUT YET THEY COULD LIVE NEXT TO A SORORITY HOUSE.  THEY HADN’T CARVED OUT THE SORORITY HOUSE AS A PROTECTED MEMBER OF THAT CLASS.

 

BRIAN: I THINK WE COULD SPEND HOURS AND NICK AND I HAVE CERTAINLY TALKED ABOUT THIS AS TO THE PROBLEMS WITH THAT PARTICULAR LAW AND IS IT EFFECTIVE AND DOES IT DO WHAT IT’S SUPPOSED TO DO AND I THINK THE COUNTY ATTORNEYS ASSOCIATION HAS EVEN COME OUT AGAINST THE 2,00 FOOT RULE FOR PARTICULAR REASONS, IT’S NOT DOING WHAT IT WAS PLANNED TO DO AND THERE ARE OTHER WAYS THAT COULD BE, LAWS THAT COULD BE WRITTEN THAT WOULD PERHAPS BE BETTER IN SERVING THE PUBLIC AND THE ULTIMATE PURPOSE OBVIOUSLY IS TO PROTECT CHILDREN IN THIS WHOLE THING.  THOSE LAWS ARE NOT DOING THAT AND SO YOU KNOW THERE’S A LOT OF THINGS THAT CAN BE DONE BUT IT’S A PRETTY HOT POLITICAL POTATO THAT PEOPLE AREN’T TOUCHING FOR THE OBVIOUS REASONS. 

 

PETER: WOULD IT BE SAFE TO SAY THAT THE SHERIFFS OFFICE AND THE COUNTY ATTORNEYS OFFICE HAS ENOUGH OTHER WORK ON THEIR PLATE THAT KEEPING UPDATED ADDRESS BOOK IS PERHAPS.

 

BRIAN: I’LL LET MR MAYBANKS TAKE THAT ON BUT I WOULD SAY YES.

 

NICK: INTERESTINGLY ENOUGH YOU MENTIONED IRONY, I THINK THE 2,000 FOOT LAW IS RIPE WITH IRONY BECAUSE WHEN THE 2,000 FOOT LAW WENT INTO EFFECT WE HAD A 90% COMPLIANCE RATE FOR SEX OFFENDERS PROVIDING US ADEQUATE AND RELIABLE ADDRESSES IN LINN COUNTY.  90% OF OUR SEX OFFENDERS WERE COMPLIANT.  IMMEDIATELY WHEN THE 2,000 FOOT LAW WENT INTO EFFECT IT WENT DOWN TO ABOUT 50%.  NOW IT’S BEEN STEADILY RISING SINCE THAT TIME, NOW WE’RE UP TO AROUND 65, 70 AT BEST DUE TO THE FACT THAT WE ARE FINDING POCKETS WHERE WE CAN PLACE OUR SEX OFFENDERS IN COMPLIANCE WITH THE LAW AND QUITE FRANKLY SOME OF THEM ARE JUST MOVING OUT OF THE STATE WHICH IS WHAT SOME OF OUR LEGISLATORS WANTED.

 

PETER: IS THERE A WAY THAT WE CAN PUT WORD OUT VALERIE TO SOMEBODY THAT, YOU KNOW IF THEY YOU CAN YOU EXPLAIN WHAT YOU DO AT WAYPOINT SO THAT PEOPLE THAT MIGHT KNOW, NOT KNOW OF WHAT YOU DO WOULD.

 

VALERIE: SURE.  FIRST I WAS GOING TO SAY ONE OF THE OTHER PROBLEMS WITH THE 2,000 FOOT RULE IS THAT IT CREATES IN OUR COMMUNITY A FALSE SENSE OF COMMUNITY SO I THINK THAT IT’S SAFE TO SEND MY KIDS TO THE PARK OR TO SCHOOL OR SOMETHING LIKE THAT BECAUSE THERE’S NOT GOING TO BE ANY SEX OFFENDERS WHO ARE ALLOWED TO LIVE ACROSS THE STREET.   BUT THERE’S NO EVIDENCE THAT SHOWS A SEX OFFENDER WHO LIVES ACROSS THE STREET YOU KNOW IS SAYING THAT THEY CAN’T LIVE ACROSS THE STREET KEEPS KIDS SAFER AND OF COURSE IT DOESN’T SAY THAT THE SEX OFFENDER CAN’T BE NEAR THE SCHOOL, IT JUST SAYS THEY CAN’T LIVE NEAR THE SCHOOL.  I KNOW I’VE WORKED WITH PLENTY OF PEOPLE WHO HAVE THIS FALSE SENSE THEN THAT OH I CAN SEND MY KIDS TO THE PARK AND NOT HAVE TO WORRY THAT THERE’S NOT GOING TO BE ANY SEX OFFENDERS AROUND AND THAT’S CERTAINLY NOT THE CASE AS WELL.  IF WAYPOINT IS, WE HAVE OUR SEXUAL ASSAULT PROGRAM, WE OPERATE A 24 HOUR CRISIS LINE, WE OFFER INDIVIDUAL CRISIS COUNSELING, MEDICAL ADVOCACY AND ADVOCACY WITHIN THE LEGAL SYSTEM FOR VICTIMS OF SEXUAL VIOLENCE. 

 

PETER: NOT YOU MADE A POINT BEFORE ABOUT A LOT OF THIS COMES FROM PEOPLE THAT THE PERSON OR THE VICTIM OR THE VICTIMS FAMILY KNOWS SO LIKE EVEN IN THE CASE OF JETSETA GAGE, THE PERSON THERE KNEW SOME OF THE FAMILY OR THE PARENTS AND SO THEY’RE, JUST HAVING THIS LAW ALONE IS NO INSURING THAT IT’S NOT GOING TO HAPPEN AGAIN.

 

VALERIE: CERTAINLY BECAUSE AGAIN, IT’S FEEDING THAT MYTH THAT SEX OFFENDERS ARE THESE CRAZED KIND OF STRANGERS THAT ARE GOING TO COME AND STEAL KIDS IN THE NIGHT OR AT THE PARK OR FROM A SCHOOL AND AGAIN, OVERWHELMINGLY MAJORITY OF SEX OFFENDERS ARE PEOPLE THAT ARE KNOWN AND TRUSTED BY THE VICTIM. 

 

PETER: AND SO THE VICTIM ENDS UP BEING UNSUSPECTING AND THEN WHEN SOMETHING HAPPENS IT’S TOO LATE.  IN YOUR PROGRAM YOU DEAL WITH CHILDREN, TEENS, ADULTS.

 

VALERIE: PRIMARILY TEENAGERS AND ADULTS CERTAINLY WE WORK WITH YOUNGER CHILDREN BUT WE TRY TO REFER YOUNGER CHILDREN TO OTHER PROGRAMS THAT ARE MORE SPECIFICALLY TRAINED IN THERAPY FOR YOUNG CHILDREN.  OUR MAJORITY OF THE PEOPLE THAT WE’RE GOING TO WORK WITH ARE TEENAGERS AND ADULTS. 

 

PETER: OK AND IN THE AREAS OF IOWA WHERE I KNOW THAT THE POTAWATIMEE COUNCIL BLUFFS COUNTY ATTORNEYS OFFICE HAS SAID THAT THS 2,000 FOOT RULE CREATES A GREAT DEAL OF PROBLEMS.  ARE WE KIND OF IN A RACE TO SEE WHO CAN ZONE AWAY THE UNDESIRABLES FIRST AND THEN CONTINUE ON, IS THAT SOMEWHAT WHAT’S HAPPENING?

 

BRIAN:  YOU LOOK, WE HAVE A MAP WHICH I THINK IS PROVIDED TO US BY THE SHERIFFS DEPARTMENT BUT YOU LOOK AT THE POCKETS WE HAVE IN CEDAR RAPIDS OR THE AREAS IN WHICH THOSE OFFENDERS CANNOT LIVE AND IT’S NARROWED DOWN TO A VERY SMALL FEW POCKETS AND WHAT IS THAT ACCOMPLISHING OTHER THAN IF SOMEONE CAN’T GET IN THERE AS MR MAYBANKS SAID THEY GO UNDERGROUND AND THEN WHAT CONTROL IF THERE IS SUCH A THING DOES THE SHERIFFS DEPARTMENT HAVE OR LAW ENFORCEMENT HAVE TO AT LEAST KEEP TRACK OF THESE PEOPLE AND WE SEE THAT ON A DAILY BASIS, FOLKS GETTING ARRESTED FOR FAILURE TO REGISTER BECAUSE THEY HAVE NOWHERE TO GO AND YOU KNOW, BECAUSE IT’S SO LIMITED TO WHERE THEY CAN GO.

 

PETER: THE OTHER PART OF THAT ALSO IS THAT IT DETERMINES THEIR RESIDENCE WHICH IS PERHAPS HALF THE TIME THAT THEY’RE SLEEPING OR GET HOME AFTER WORK, IT DOESN’T CONTROL THEIR MOBILITY DURING THE WORK DAY DOES IT?

 

BRIAN: NOT AT ALL, NO.

 

PETER: AND THEY CAN BE DRIVING BY A PLAYGROUND OR A SCHOOL AND NOT BE IN VIOLATION TECHNICALLY OF THE LAW ISN’T THAT CORRECT NICK?

 

NICK: YEAH, THAT’S CORRECT. 

 

BRIAN: THAT’S THE HYSTERIA THAT’S BUILT INTO THIS AND AS VALERIE MENTIONED, THIS AS A GENERAL RULE WE DON’T HAVE FOLKS OUT THERE PREYING ON STRANGE CHILDREN, THIS IS NOT A STRANGER DANGER KIND OF THING, THIS IS AS A GENERAL RULE, THESE ARE PEOPLE WHO KNOW EACH OTHER AND THIS WHOLE THING OF IS IT SAFE TO SEND YOUR CHILDREN TO THE PLAYGROUND IS THAT REALLY TRUE OR FAIR?  IS THAT A GOAL TO KEEP THESE CERTAIN INDIVIDUALS WHO HAVE BEEN CONVICTED OF A SEX OFFENSE AWAY FROM CHILDREN?  ABSOLUTELY.  BUT, IF YOU LOOK AT THE BIG PICTURE OF WHO HAS TO REGISTER, THERE ARE INDIVIDUALS WHO DO NOT NECESSARILY HAVE MINOR, SMALL CHILDREN AS THEIR VICTIMS YOU KNOW WE HAVE A STATUTORY RAPE THING WHICH IS BASED ON AGE AND IT’S NOT MINOR CHILDREN NECESSARILY WHO HAVE TO REGISTER OR A SEXUAL EXPLOITATION STATUTE WHICH ISN’T NECESSARILY MINOR CHILDREN AS WE KNOW THEM.  THIS WHOLE THING OF DRIVING BY A PLAYGROUND IS NOT IN VIOLATION OF THE REGISTRY LAW BUT ON THE OTHER HAND DOES THAT MAKE THEM MORE DANGEROUS OR DOES THAT MAKE THAT SITUATION MORE DANGEROUS AND I DON’T THINK THAT’S NECESSARILY TRUE.

 

PETER: WELL THERE’S BEEN A CALL BY SOME PEOPLE TALKING ABOUT ELECTRONIC MEANS OF TRACKING AND THAT WOULD, I PRESUME THAT’S THE ANKLE BRACELET OR SOMETHING OF THAT TYPE AND WHILE IT MAY TELL YOU WHERE THE PERSON IS, IT DOESN’T TELL YOU WHAT THE PERSON IS DOING.  IF WE’RE TO BE CALLING OUT A SHERIFF EVERY TIME SOMEBODY GOT NEAR A SCHOOL OR A PLAYGROUND SAYING YOU SUSPECT THERE’S NEFARIOUS ACTIVITY AFOOT, I MEAN IT JUST, WOULDN’T IT BE JUST A HORRIBLE CONUNDRUM FOR LAW ENFORCEMENT AND THE COUNTY ATTORNEYS OFFICE NICK?

 

NICK: YEAH, WE DON’T HAVE ONE DEPUTY FOR EACH SEX OFFENDER.  WE DON’T HAVE ONE COUNTY ATTORNEY FOR EACH SEX OFFENDER WE HAVE RESOURCES WE HAVE TO WORK WITHIN OBVIOUSLY AND AS FAR AS ELECTRONIC MONITORING GOES, IT IS THE LAW IN THIS STATE THAT WE HAVE TO PUT SEX OFFENDERS ON ELECTRONIC MONITORING FOR CERTAIN LEVELS OF OFFENSES. 

PETER: ONLY SOME?

 

NICK: ONLY SOME BUT YOU’RE RIGHT PETER, AT WHAT POINT IN TIME, ARE WE GETTING INTO A FALSE SENSE OF SECURITY JUST BECAUSE WE HAVE AN ELECTRONIC MONITORING ON SOMEBODY?  BUT IN THE ALTERNATIVES, WE’RE DOING WHAT WE CAN TO MAKE SURE WE KEEP CLOSE EYE ON PEOPLE THAT ARE DANGEROUS TO RE OFFEND TOO, WE HAVE TO DO SOME THINGS, AT LEAST IN THE AREAS OF ELECTRONIC MONITORING, IT’S SOMETHING THAT WE CAN HOPE IS EFFECTIVE TO KEEP AN EYE ON AND THE OTHER AREA IS LIKE THE 2,000 FOOT LAW AND SOME OF THE OTHER THINGS WE DISCUSSED IT’S JUST NOT ACCOMPLISHING ANYTHING.

 

PETER: IS THERE ANY WAY OR ANYTHING THAT YOU’VE HEARD BRIAN OR NICK, WHETHER THERE’S ANYTHING THAT SEEMS TO MAKE MORE SENSE, THAT REALLY HAS BEEN PUT OUT THERE AS A BETTER WAY TO MANAGE THIS PROGRAM?  CLEARLY JAIL IS NOT REASONABLE AND THEY, YOU WANT TO HAVE SOME TYPE OF, YOU CAN’T MOVE THEM ALL SEPARATE TOWN.  IS THERE ANYTHING OUT THERE THAT MAKES SENSE?

 

I WOULDN’T SAY JAIL IS NOT REASONABLE FOR SOME PEOPLE.  AT THE SAME POINT AND TIME WHAT ELSE CAN WE DO?  THE SEX OFFENDER REGISTRY I THINK WORKS WHEN PEOPLE PAY ATTENTION TO IT.  WHEN PARENTS RESEARCH WHO THEIR CHILDREN ARE IN CONTACT WITH, WHEN THEY PAY ATTENTION TO THE REGISTRY, WHEN THEY RESEARCH THEIR COMMUNITIES THOSE SORTS OF THINGS, I THINK THAT WORKS.  I THINK PUTTING SEX OFFENDERS ON ELECTRONIC MONITORING COULD WORK.  I THINK PUTTING SEX OFFENDERS INTO SEX OFFENDER TREATMENT PROGRAMS ACTUALLY, THEY HAVE A FAIRLY HIGH SUCCESS RATE WITH A LOT OF SEX OFFENDERS TO KEEP THEM FROM RE OFFENDING. WHAT ELSE CAN WE DO?  WE’RE ALWAYS OPEN TO SUGGESTIONS.  I KNOW ONE THING IN PARTICULAR THAT I HAD, WHENEVER I TALK TO SOMEBODY WHO’S A LEGISLATOR AND IN CONTROL OF MAKING THE LAWS IS THAT WE HAVE A HUGE GAP IN THE AREA OF MINORS, THE AGES OF 14 AND 15 THAT DON’T RECEIVE AS MUCH PROTECTION AS CHILDREN UNDER THE AGE OF 14 IN TERMS OF FONDLING TYPE OF ACTIVITY AGAINST CHILDREN THAT AGE IS MERELY A SIMPLE ASSAULT, IT’S NOT A SEX OFFENSE.  WE SHOULD LOOK AT MORE, FOCUSING IN ON WHERE THE GAPS ARE IN THE LAWS THAT WE CAN DO SOMETHING ABOUT TO PROTECT CHILDREN AND MINORS, NOT THESE LAWS THAT CREATE A FALSE SENSE OF SECURITY. 

 

PETER: WHAT’S THE RATE OF REPETITION ON SOME OF THESE SEX OFFENDER OFFENSES?  IS THERE A HIGH RATE OF REPETITION? 

 

I GUESS I DON’T KNOW THE NUMBERS.  THE STATE OF IOWA HAS ESTABLISHED THE CIVIL COMMITMENT UNIT WHICH IS SOMETHING THAT RECIDIVISTS IN SEX OFFENDER LAND, IF IT DOES HAPPEN, THEY NOW HAVE WHAT THEY CALL THESE CIVIL COMMITMENTS AND THE STATE OF IOWA IS ALLOWED TO PROSECUTE UNDER THE CIVIL PORTION OF THIS STATUTE AND ALLOW THEM BASICALLY TO KEEP THEM LOCKED UP UNTIL THEY’RE HEALED AND IT’S A VERY INTENSE SEX OFFENDER TREATMENT PROGRAM. IF YOU WILL AND IT’S AN INDEFINITE KIND OF PROGRAM.  I THINK THERE’S AN ANNUAL REVIEW FOR BUT AS FAR AS THE RECIDIVIST RATE, I DON’T KNOW THE EXACT NUMBER.  THEY’RE TOLD AT THE FIRST OFFENSE, THIS IS A SEXUAL PREDATOR OFFENSE AND IF YOU ARE CONVICTED AGAIN, YOU’RE LOOKING AT A SUBSTANTIAL AMOUNTS OF PRISON TIME NOT TO MENTION THE CIVIL COMMITMENT TIME DOWN THE LINE.

 

PETER: IF I HAD TO ASK YOU BRIAN OR NICK OF WHAT PERCENTAGE OF CASES THAT YOU HANDLE OR YOU SEE COME THROUGH, WHAT PERCENTAGE INVOLVE A PREDATOR OR A SEXUAL CRIME, 5,10,15%, IS IT A RELATIVELY SMALL NUMBER OR WOULD PEOPLE IN THE COMMUNITY BE SHOCKED AT HOW MANY TIMES THIS COMES UP?

 

I THINK IT’S A RELATIVELY SMALL NUMBER PERCENTAGE OF WHAT WE DEAL WITH.  MOST OF OUR CRIMINAL CASE THOUGH INVOLVES DRUG AND ALCOHOL TYPE OF OFFENSES AND SOME ASSAULTS, A LOT OF DOMESTIC ABUSE CASES, PROPERTY CRIMES.  SEX CRIMES ARE A SMALL PERCENTAGE BUT ALONG THOSE SAME LINES I DON’T WANT THE PUBLIC TO THINK THAT WE’RE MINIMIZING IT TOO, THEY INVOLVE A LOT MORE TIME SO. THE TIME WE ALLOT TO SEX CRIMES MAKES UP FOR THE LACK OF NUMBERS.  THEY ARE HIGHLY INTENSE OFFENSES BECAUSE OF ALL THE EMOTIONS INVOLVED. 

 

PETER: IT’S FAIR TO SAY THERE’S A LOT MORE MENTAL DAMAGE AND A LOT MORE KIND OF WORKING OUT THAT HAS TO BE DONE, BOTH VICTIM AND ALSO THE PERPETRATOR?

 

 OH SURE YEAH, YOU HAVE TO TAKE A LOT MORE TIME WORKING WITH YOUR VICTIMS IN A SEXUAL OFFENSE THAN YOU WOULD FOR SOMEONE WHO GOT A BEER BOTTLE BROKE OVER THEIR HEAD IN A BAR FIGHT OR SOMETHING.  THERE’S A BIG DIFFERENCE THERE BETWEEN HOW YOU’RE PREPPING A CASE AND HOW YOU NEED TO APPROACH THAT.

 

I THINK THE OTHER THING, I WOULD AGREE WITH NICK, IT IS A SMALL PERCENTAGE OF THE CASES THAT COME THROUGH BUT I THINK THAT NOW PEOPLE ARE COMING FORWARD MORE OFTEN AND WE HAVE LAWS OUT THERE WHICH ARE MORE VICTIM FRIENDLY AS FAR AS IT BEING REPORTING AND THINKS LIKE THAT SO I THINK IT’S NOT NECESSARILY MORE OF IT IS HAPPENING, I THINK IT’S JUST COMING TO THE FOREFRONT MORE OFTEN BECAUSE OF THE PROTECTION AND THE RIGHTS THAT VICTIMS ARE GRANTED IN A SEX ABUSE CASE SO IT DOESN’T BECOME A FAMILY PROBLEM ANYMORE LIKE IT USED TO BE, IT BECOMES A CRIME AND SO I THINK THEY’RE REPORTED MORE OFTEN THAT THEY USED TO.  IT DOESN’T MEAN THAT IT’S OCCURRING MORE OFTEN IT’S JUST THAT PEOPLE ARE COMING FORWARD MORE OFTEN.  IT’S NOT SOMETHING WE KEEP IN THE FAMILY AS A PROBLEM.

 

PETER: SO IN THE OLD DAYS IT MIGHT BE GRANDPA’S SENILE AND NOW SOMETHING HAPPENS AND THEY’RE GOING WAIT A SECOND.  IS THAT POSSIBLY A PRODUCT OF OUR EDUCATIONALLY SYSTEM WHERE THEY’RE TEACHING THE KIDS YELLOW LIGHT RED LIGHT AND THEY’RE RECOGNIZING THIS?

 

GOOD TOUCH BAD TOUCH KIND OF LECTURES THEY’RE GETTING IN SCHOOLS I THINK MAKES A BIG DIFFERENCE.

 

PETER: AND WHAT DO YOU SEE WITH THE PEOPLE COMING IN?  ARE THEY A LITTLE BIG MORE KNOWLEDGEABLE LIKE I THINK I’VE HAD SOMEONE GO ON WHEN THEY COME TO SEE YOU AT WAYPOINT?

 

VALERIE: CERTAINLY, THEY’RE COMING TO US BECAUSE THEY FEEL THAT SOMETHING HAS HAPPENED.  PETER, I KNOW THAT IN THE CRIMINAL JUSTICE SYSTEM THEY MAY BE SEEING MORE VICTIMS COMING FORWARD BUT WE’RE STILL SEEING ON THE VICTIM SIDE, OVERWHELMINGLY NOT REPORTING.  I THINK THERE IS THAT, WE ARE OUT IN THE SCHOOLS TEACHING ABOUT SEXUAL ASSAULT PREVENTION AND I THINK THAT’S ONE OF THE KEYS AS WELL TO ANY KIND OF POLICY OR PROGRAM THAT WE HAVE RELATED TO KEEPING OUR COMMUNITY SAFE FROM SEXUAL VIOLENCE IS EDUCATION PROGRAMS.  TEACHING ABOUT THE DYNAMICS OF WHAT SEXUAL ASSAULT IS, THE MYTHS AND THE FACTS AROUND SEXUAL VIOLENCE, WHO ARE SEX OFFENDERS AND WHAT IS SEX OFFENDING BEHAVIOR.  WHAT ARE THE RESOURCES IN THE COMMUNITY AND THEN TEACHING PEOPLE ABOUT RESPECTFUL INTERACTIONS.  I THINK THAT TAKES ALL OF US WORKING TOGETHER. 

 

PETER: IF A PERSON WHO’S WATCHING THIS PROGRAM TODAY WERE TALKING TO A FRIEND OR A FAMILY MEMBER OR SOMETHING LIKE THAT AND THEY WANTED TO MAKE A CONFIDENTIAL INQUIRY, WHERE WOULD THEY GO IF THEY SUSPECTED SOMETHING AND NOT WORRY ABOUT SOMEBODY’S GOING TO GO AND RUN AND SAY SOMETHING ABOUT ME, ARE THEY IN A CONFIDENTIAL RELATIONSHIP WHEN THEY TALK TO YOU AT WAYPOINT?

 

VALERIE: YES.  ALL OF OUR SERVICES ARE CONFIDENTIAL.  CRIME VICTIMS ARE GRANTED THAT RIGHT TO HAVE A CONFIDENTIAL COMMUNICATION WITH THEIR ADVOCATE SO WE’RE NOT GOING TO BE TELLING ANYONE.

 

PETER: WELL IN THE CASE WHERE THEY DON’T YET KNOW THEY’RE A CRIME VICTIM YOU’RE STILL CONFIDENTIAL IS THAT CORRECT?

 

VALERIE: YES.  BECAUSE WE’RE TREATING THEM AS IF THEY ARE.  NOW THE LEGAL SYSTEM MAY BE LOOKING AT THEM DIFFERENTLY. 

PETER: OK AND THEN ARE THERE ANY SUPPORT GROUPS?  FOR EXAMPLE, THERE’S FOR ALCOHOLICS THERE’S AA AND THE FAMILIES THERE’S ALANON AND FOR NARCOTICS THERE’S NA.  ARE THERE ANY SUPPORT GROUPS LIKE THAT THAT OPERATE ON FOR THE SEXUAL VICTIMS AND THEIR FAMILIES?

 

VALERIE: WE HAVE A TEEN TALK SUPPORT GROUP FOR TEENAGE VICTIMS OF SEXUAL ASSAULT AS WELL AS AN ADULT SUPPORT GROUP FOR ADULT SURVIVORS.  IT COULD BE THAT I’M AN ADULT NOW AND I WAS SEXUALLY ABUSED AS A CHILD AND I STILL AM WORKING THROUGH MY HEALING PROCESS AND YOU NEED A SAFE PLACE TO GO OR IT COULD BE I WAS SEXUALLY ASSAULTED LAST MONTH AND I NEED SOMEWHERE TO GO.

 

PETER: THEY’RE TAUGHT AND THEY LEARN HOW TO DEAL WITH THE SHAME AND THE THING OF BEING A VICTIM AND THIS IS NOT A LOSS OF EGO OR LIKE THAT?

 

VALERIE: RIGHT.  WE HELP THEM WITH THEIR HEALING PROCESS. 

 

PETER: WHAT OTHER THAN WAYPOINT, IF SOMEBODY, WHAT OTHER RESOURCES COULD THEY GO TO?  THERE’S A WOMENS CRISIS CENTER IN IOWA CITY IS THAT CORRECT?

 

VALERIE: RIGHT, THE RAPE VICTIMS ADVOCACY PROGRAM IN IOWA CITY.

 

PETER: AND ANY OTHER PROGRAMS THAT YOU’RE AWARE OF THAT OUR VIEWERS MIGHT TAKE ADVANTAGE?

 

VALERIE: WELL THERE’S SEEDS OF HOPE THAT SERVES WATERLOO.  THERE IS RIVERVIEW CENTER IN DUBUQUE AS WELL.

 

PETER: AND THOSE ARE ALL OUR VIEWING AREAS SO ANYBODY THAT’S INTERESTED COULD CONTACT ONE OF THOSE AGENCIES AND DO THEY OPERATE UNDER THE SAME CONFIDENTIALITY THAT YOU DO?

 

VALERIE: YES.

 

PETER: GENTLEMEN, EXCUSE ME VALERIE, WE’RE COMING UP ON THE END OF THE PROGRAM.  IS THERE ANYTHING YOU’D LIKE TO SAY AS A PARTING OR CONCLUDING COMMENT?  BRIAN?

 

BRIAN: ONLY THAT I THINK THE PURPOSE OF THE REGISTRY LAW IS A GOOD ONE IN THE SENSE THAT IT ALLOWS THE PUBLIC TO KNOW OR AT LEAST THE LAW ENFORCEMENT TO KNOW WHAT’S GOING ON WITH THESE PERSONS WHO PERHAPS NEED SUPERVISION AND WE’D PROTECT THEM FROM ANY POTENTIAL VICTIMS I THINK THE WAY THAT IT’S BEING ENFORCED I MEAN SPECIFICALLY THE 2,000 FOOT RULE IS MISPLACED AND IT’S CAUSING HARDSHIPS ON, PROBABLY NOT A VERY POPULAR OPINION BUT IT’S CAUSING HARDSHIPS ON A LOT OF PEOPLE THAT DON’T NECESSARILY NEED THAT IN THEIR WORLD AND IT CAN BREAK UP FAMILIES, YOU LOSE JOBS AND THAT SORT OF THING SO FROM THAT REGARD I THINK IT NEEDS A LOT OF WORK TO BETTER SERVE ITS PURPOSE.

 

PETER: THANK YOU, VALERIE, REAL QUICK HERE WE HAVE TO WRAP UP.

 

VALERIE: AGAIN I THINK THAT IF THERE ARE VICTIMS OUT THERE THEY CAN CONTACT WAYPOINT AND WE’LL BE ABLE TO HELP YOU.

 

PETER: NICK, AND YOURSELF?

 

NICK: WE’RE DOING WHAT WE CAN TO ADDRESS SEX OFFENSES AND PROTECT THE COMMUNITY AS BEST AS WE POSSIBLY CAN ALTHOUGH WE NEED TO HAVE OUR LEGISLATORS HELP US OUT AND GIVE US LAWS THAT ARE EFFECTIVE, NOT LAWS THAT ARE COUNTERPRODUCTIVE.

 

PETER: AND AS ALWAYS, WE’RE BALANCING THE RIGHTS OF THE INDIVIDUALS WITH THE RIGHTS OF THE PUBLIC IS THAT A FAIR STATEMENT?   WELL I’D LIKE TO THANK EACH OF YOU FOR JOINING US THIS MORNING AND ON BEHALF OF THE INTER RELIGIOUS COUNCIL OF LINN COUNTY WE’D LIKE TO THANK YOU ALL FOR JOINING US THIS MORNING.