June 8, 2020, 3:13 pm
Florida really loves to keep people on it’s sex offender registry and locked up. There are nearly 80 thousand people on Florida’s sex offender registry but fewer than 30 thousand are actually in the community. Of those in the community, we have so many who are elderly or too physically impaired to be a danger to anyone, yet we still make them register.
We have come to learn (thanks to an excellent piece of investigative journalism written by Steven Yoder in The Appeal) that Florida fudges it’s numbers in order to get more federal money. We also know that Florida’s civil commitment center (where people deemed “sexually dangerous” are indefinitely confined) is run by a private, FOR PROFIT, business whose lobbyist is Ron Book, who, in turn, is a significant donor to political campaigns.
Florida politicians essentially see the registry as a blank check. Understanding that explains why it’s run the way it is. But, lets suspend that knowledge for a minute and pretend that the Florida sex offender registry is actually a tool to protect the public, why dilute the list or continue to pay to civilly commit someone who is too old or ill to present a risk to anyone?
Last week, in Drake v. State, Florida’s 2nd District Court of Appeals asked that question. Raymond Drake committed a sexual battery in 1976 and after serving four decades in prison for his crime, he technically completed his sentence, but in 2012 the State, pursuant to the Jimmy Rice Act, civilly committed him. By 2018, Drake was in his late 60’s and was terminally ill with stage 4 COPD. He uses a walker or a wheelchair, struggles to breathe and relies on inhalers and oxygen. Physicians testified that Drake is no longer physically able to commit an act of sexual violence, but the State refused to let him go.
The Court found that in order to continue to detain Drake, the State must demonstrate not only that his mental condition remains unchanged, but also that if released he is likely to engage in acts of sexual violence. While the State only focused on his psychological condition (they argued he remained a sexual sadist because he refused to admit to his crime and he refused treatment), they ignored the second prong – whether he is likely to engage in acts of sexual violence – and that’s something that needed to be determined at trial.
There is no need to keep people who are too elderly or sick, or who are no longer in the community or even who are dead, on the registry or civilly committed. Please ask your legislator to introduce legislation to fix this.
The post Florida’s 2nd DCA offers relief for terminal man confined in civil commitment. appeared first on Florida Action Committee.
Go to Source
Author: Florida Action Committee
The opinions expressed within posts and comments are solely those of each author, and are not necessarily those of Women Against Registry.
Women Against Registry Family Foundation.
We will receive .5% of your total purchase as a donation from amazon.
If you want to shop at amazon, please shop at
smile.amazon.com/ch/47-4076038
Our organizations, Women Against Registry and WAR Family Foundation, do not support or condone illegal sexual activity based on state and federal laws, to include child or adult sex trafficking. We are not and have never been affiliated with any organizations that promote, support or condone sex between adults and minors.
