In what Doug Berman refers to as "yet another example of the one-way ratchet of criminal laws and the potential harm of legislative reactions to one awful crime," Louisiana Gov. Bobby Jindal has announced a series of new sex offender legislation including a proposal to criminally charge day care owners who knowingly allow registered sex offenders to enter the property. The American Constitution Society Blog has more. From the Shreveport Times:
If a day care owner knowingly allows a registered sex offender to come onto the facility's property, that owner could be charged with a crime and face prison time, according to a proposed law by Gov. Bobby Jindal.
The proposal was among several pieces of suggested sex crime legislation Jindal announced Thursday at the Caddo Parish Correctional Center.
"This will resonate with the people here," Jindal said.
His words came about a month after a local day care owner's son, a registered sex offender, was arrested after being accused of sex crimes with children at the facility.
Rodney Chism, son of Katherine Robbins, owner of the Smart Start Learning Center Express in Caddo Parish, was arrested in December on two counts of juvenile molestation. Robbins, who allegedly knew her son was a sex offender, could only be charged with perjury because there are no existing laws criminalizing such scenarios. The day care center was closed after authorities with the state Department of Social Services said Robbins had not performed adequate background checks on her employees.
Other proposals listed by the governor would strengthen many existing sex offender laws, such as making some of the most violent sex offenders submit to psychiatric evaluation after their prison and parole terms end. If a psychiatric evaluator determined the offender was likely to commit a crime again, the change would mean a district attorney could request indefinite, forced evaluation of that person until he or she was deemed to be no longer a threat.
"If you are a monster who preys on children you better not be in Louisiana," Jindal said.
The day care provision is interesting because it is another attempt to punish third parties for allowing sex offenders to be at particular locations. The last statement pretty much is a call for banishment. As for the rest, would you expect anything different from the governor who signed into law provisions for chemical castration of sex offenders?
Corey. FYI. The chemical castration thing is getting traction here in New Mexico. And my local community has just proposed a new ordinance that would banish sex offenders, as a practical matter.
Posted by: Daniel | February 02, 2009 at 11:22 PM