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____ Actual Ordinance Verbatim ____ CITY of ALBUQUERQUE - FIFTEENTH COUNCIL ORDINANCE Adopting A Sexual Offender Ordinance; Defining Terms; Establishing Registration And Regulatory Requirements For Sex Offenders; And Setting Forth Notification Requirements. BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE: SECTION 1. FINDINGS AND INTENT. The City Council finds that sex offenders pose a significant risk to the health and safety of inhabitants of the City of Albuquerque. The Council further finds that the rates of recidivism for these offenders are extremely high and that treatment and rehabilitation efforts are largely ineffective. The City Council finds that a more comprehensive local counterpart of the New Mexico Sex Offender Registration and Notification Act which includes regulations and requirements in addition to registration will help prevent offender exploitation of exceptions in existing laws and provide additional safety for Albuquerque inhabitants. The City Council further finds that this Ordinance is a remedial Ordinance designed to protect occupants of the City of Albuquerque. The City Council further finds this Ordinance is the most narrowly tailored means of furthering compelling governmental interests. The City Council finds that the protection of the victims and potential victims of sex offenders in Albuquerque is a matter of unique local concern not fully and adequately addressed by the New Mexico Sex Offender Registration and Notification Act. The City Council finds that statewide offenders move to Albuquerque from smaller towns and rural areas in New Mexico to seek the solace of anonymity available in a larger population. The City Council finds that statewide registration laws do not entirely occupy the field of sex offender registration and further finds precedent for local versions of registration laws and measures based on the unique local concerns reflected in local laws passed by other local governments across the nation including but not limited to Concord, California, Madison County, Alabama, San Diego, California, Orange, California, and Palo Alto, California. SECTION 2. SHORT TITLE. This Ordinance shall be referred to as the Sexual Offender Alert Program or "SOAP." SECTION 3. DEFINED TERMS. For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APD. The Albuquerque Police Department. ADULT. Any person 18 years of age or older. ALONE WITH A CHILD. When a Sex Offender is (1) present in the same room or in a vehicle with a Child other than their Ward or their own biological or legally adopted Child when no Responsible Adult is present or, (2) if outdoors, within a 30 yard radius of a Child other than their Ward or their own biological or legally adopted Child when no Responsible Adult is present within the radius. When the Sex Offender is in a public place, the Sex Offender may assume that another Adult is not another Sex Offender unless the other Adult is known to be a Sex Offender. A Sex Offender is not Alone With a Child if the Sex Offender is employed at a Place of Business and acting within the scope of employment when a Child enters or remains in the Place of Business in a room or other location where the public is allowed or may ordinarily be found conducting business. BACKGROUND SEARCH. A reasonable investigation or inquiry into an individual's previous history including but not limited to their criminal record and other information that will at a minimum reveal whether that person has committed any of the offenses governed by SOAP. CHILD or CHILDREN. Persons under 18 years of age. The singular and plural shall include one another. CITY. The geographical limits of the City of Albuquerque and the City of Albuquerque municipal corporation. EMPLOYER. Any person or entity that pays wages to employees or interviews or considers individuals for employment. The term Employer shall include any Place of Business under the Business Registration Ordinance, 13-1-1 et seq. ROA 1994. EXTENDED STAY ESTABLISHMENT. Any hotel, motel, rooming house, inn, rooming unit, bed and breakfast, residence inn, country inn, motor court, R-V park or motor lodge that lets any space for occupancy by any person. Any Place of Business that provides services or utilities to motor-homes, recreational vehicles, trucks with campers or any other motor vehicle in which an individual does or may sleep overnight is an Extended Stay Establishment under SOAP. HIS. His or her. HOMELESS ADULT. Any Adult who has been in the City for more than twenty-four hours or intends to be in the City for more than twenty-four hours without a residence or place of lodging. HOMELESS SHELTER. Any structure that provides temporary housing to a Homeless Adult. INTERNET. An interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other on-line service. The City Internet shall mean any Internet site made available by the City to the public. NMSA. The most current version of a statute compiled in New Mexico Statutes Annotated. OUTSIDE NEW MEXICO. Anywhere outside the geographical borders of New Mexico or any federal enclave, Indian trust lands or reservations located inside the geographical borders of New Mexico. REGISTRANT. Any person required to register under SOAP. REGISTRATION YEAR. One year from the date of first registration under SOAP. RESIDENT. Any person who (1) lives in the City in any apartment or home, (2) has a usual place of abode in the City, (3) is domiciled in the City or (4) temporarily present in the City and staying at a Homeless Shelter or an Extended Stay Establishment. RESPONSIBLE ADULT. An Adult who is not a Sex Offender. ROA 1994. The Revised Ordinances of Albuquerque, New Mexico 1994. SCHOOL. A licensed or accredited public, private or religious school that offers instruction to students in kindergarten through any grade up to grade twelve. SEX OFFENDER. An Adult who: (1) is a resident of the City who is convicted of a Sex Offense in New Mexico or, (2) changes his residence to the City after that person has been convicted of a Sex Offense or offense substantially similar to a Sex Offense Outside New Mexico, (3) is a resident of the City who is convicted of a Sex Offense or offense substantially similar to a Sex Offense Outside New Mexico or (4) is a Sex Offender temporarily in the City for more than three consecutive days at any time or an aggregate of ten or more days in a registration year. SEX OFFENSE. A Sex Offense shall be defined as: (1) criminal sexual penetration in the first, second, third or fourth degree under 30-9-11 NMSA, (2) criminal sexual contact in the fourth degree under 30-9-12 NMSA, (3) criminal sexual contact of a minor in the third or fourth degree under 30-9-13 NMSA, (4) sexual exploitation of children under 30A-6A-1- 4 or Subsection A, B or C of 30-6A-3 NMSA, (5) sexual exploitation of children by prostitution under 30-6A-4 NMSA, (6) enticement of a child under 30-9-1 NMSA, (7) incest by an Adult against a Child under 30-10-3, (8) kidnapping under 30-4-1 NMSA when the victim is less than eighteen years of age and the offender is not a parent of the victim, (9) false imprisonment under 30-4-3 NMSA when the victim is less than eighteen years of age and the offender is not a parent of the victim, (10) solicitation to commit criminal sexual contact of a minor in the third or fourth degree under 30-9-13 and 30-28-3 NMSA, (11) attempt under 30-28-1 NMSA to commit any of the sex offenses set forth in this paragraph, (12) conviction Outside New Mexico of the same offense or an offense substantially similar to one of the offenses listed in this definition, or (13) any judgment, sentence or other adjudication that results in a finding that a person is not guilty of any of the offenses listed in this paragraph by reason of insanity. SEX OFFENDER VIOLATION. A violation of any law defined as a Sex Offense above. SOAP VIOLATIONS. Violations of this Ordinance. SORNA. The New Mexico Sex Offender Registration and Notification Act, 29-11A-1 NMSA as amended from time to time. WARD. A Child who has a legal guardian. SECTION 4. REGISTRATION REQUIREMENTS FOR SEX OFFENDERS. A. Sex Offenders must register with APD under this section. B. A Sex Offender must register with APD within ten days after being released from incarceration, or ten days from the date of sentencing if not incarcerated, for a Sex Offender Violation. Sex Offenders who were convicted after January 1, 1970 must register with APD. A Registrant under this section must provide APD with the following information: (1) His legal name, any other names or aliases he has used or is using and any new names he has applied for in the last year. (2) His date of birth. (3) His social security number. (4) His current address, the address of any other residences he owns or the address of any other real property he owns or leases and the address of any other locations or places of lodging where the Sex Offender intends to stay or does in fact stay for more than three consecutive days at any time or an aggregate of ten or more days in a Registration Year. Homeless Shelters and Extended Stay Establishments must be included in the disclosure required pursuant to this paragraph. Pursuant to this paragraph, the Registrant must provide a description and location of any and all rented or owned spaces to which the Registrant claims a right to privacy or a right to exclude others including but not limited to storage buildings. (5) His place of employment and the name and telephone number of a contact person who knows his location at any and all times during employment hours or other times he performs work in the scope of his employment duties. (6) His driver's license number and the license plate number, vehicle identification number and description by make and model of all vehicles registered to him, owned by him, used by him or available to him. (7) A list of any and all Sex Offense Violations and SOAP Violations including the date and location of the offenses listed in this paragraph. SECTION 5. REGISTRATION REQUIREMENTS FOR NON-RESIDENT SEX OFFENDERS TEMPORARILY IN THE CITY. A. Non-resident Sex Offenders temporarily in the City as defined in this paragraph must register with APD. A non-New Mexico resident who has been convicted of a Sex Offense or offense substantially similar to a Sex Offense Outside New Mexico and is: (a) employed full-time or part-time in New Mexico for a period of time exceeding three days or for an aggregate period of time exceeding twenty days during any calendar year or (b) attends or is enrolled on a full-time or part-time basis in a private or public school in New Mexico including but not limited to secondary schools, trade schools, professional institutions or institutions of higher education must register with APD under this section. B. A Registrant under this section must provide APD with the following information: (1) His legal name and any other names or aliases that he is using or has used. (2) His date of birth. (3) His social security number. (4) His current address in his state or other place of residence and, if applicable, the address of his place of lodging in the City while he is working or attending school. (5) His place of employment and the name of the school he is attending. (6) The Sex Offense for which he was convicted. (7) The date and place of his Sex Offense conviction. SECTION 6. REGISTRANT REGULATIONS. (A) Any Sex Offender who provides inaccurate information to the City has committed a separate violation of SOAP. A violation of SOAP is not a lesser included offense under a charge for a violation of SORNA. (B) In the event of any change in registration information or addition of new information that would have been required in the initial or subsequent registration other than a change of address or employment governed by paragraphs (C) or (D), the Registrant must notify APD and provide new valid information within three days of the time the new information becomes known or should be known by the Registrant. (C) A Sex Offender who is required to register under SOAP and elects to change the address of any place of lodging including but not limited to a residence, Extended Stay Establishment or Homeless Shelter must notify APD of the prospective change before the change occurs. (D) A Sex Offender who is required to register under SOAP and changes his place of employment must notify APD ten days before the voluntary change occurs or five days after the change is forced or compelled. Sex Offenders must provide the name and telephone number of a new contact person within ten days of the time new work begins. (E) When a Sex Offender registers under SOAP, APD shall take and retain their photograph and a set of fingerprints. Additionally, APD may record and retain the person's shoe size, a DNA sample, dental imprints and a description of tattoos, scars and other identifying features that would assist in identifying the Sex Offender. (F) Following the initial registration, SOAP Registrants except Homeless Adults are required to annually renew the registration before December 31 of each subsequent calendar year for twenty years. Homeless Adults residing from time to time in Homeless Shelters must verify registration data every ninety days as long as they are in the City in writing on a form provided by APD. Sex Offenders who have been convicted of two or more Sex Offenses must register for life. (G) Actual notice of the requirement to register is not required. This Ordinance is actual and constructive notice of the requirement to register. The fact that the obligation to register is not included in the judgment and sentence issued by a District Court is not a defense against a charge of a failure to register under SOAP (H) If any person receives a deferred sentence from any court for a Sex Offense that would otherwise trigger SOAP registration, that person must register as if convicted unless they obtain an order from a court of competent jurisdiction which, after an evidentiary hearing on the issue, rules that registration is not required on the grounds that registration would grossly prejudice their rights. If the charges are dismissed against the person at the completion of the deferred sentence, the person does not have to renew registration in subsequent registration years. (I) Any Sex Offender currently incarcerated in a correctional institution and temporarily at large and free to move about in the City is required to register under SOAP ten days before each release date. This paragraph includes but is not limited to persons on probation, parole, furlough, work release or any similar program that results in or causes the person to be outside the confines of the institution for any reason. SECTION 7. NOTIFICATION. (A) APD shall maintain a local registry and forward registration information to the Bernalillo County Sheriff's Office and the New Mexico Department of Public Safety no later than thirty consecutive calendar days after receipt of the information by APD. (B) The City and APD may post for public access and inspection the photographs and registration information pertaining to all Registrants or any particular Registrant on the City Internet, in Public Libraries, at the Albuquerque Biological Park including the Zoo, at bus stops and any other conspicuous public location, including but not limited to any School, where notices and information are typically posted. Postings are preferred in but not limited to locations where Registrants may come into contact with Children. Photographs of Sex Offenders who appear to have more than one place of abode or have misrepresented their residence or place of lodging in the City may be published by the City in a newspaper or other periodical of general circulation. (C) APD may provide direct first hand notice that a Sexual Offender or Predator may be found or resides in an area. This notice may be given to all adjacent neighbors, any recognized neighborhood association, Schools, school boards, child care facilities and other establishments where Children are known to be present with regularity. Without limitation on the foregoing, APD may directly notify all Schools and other facilities where Children are known to be present within three miles of the location where a Sex Offender or Predator may be found or resides. Without any limitation, APD may notify any person when APD determines that person is being or may be exposed to a Sex Offender or Predator. (D) The City may notify any person that a Registrant is or may be within a one mile radius or within geographic boundaries of any recognized neighborhood association by placing a flier in that person's water bill. SECTION 8. GENERAL PROVISIONS AND OFFENSES. (A) Employers. Sex Offenders must notify Employers, and prospective Employers the Sex Offender applies for employment with, that they are a SOAP Registrant and provide Employers with a copy of the registration information forms submitted to APD pursuant to SOAP and the information forms submitted to the Bernalillo County Sheriff under SORNA. Employers must conduct Background Searches of all employees and prospective employees who may be Alone With a Child and notify APD immediately if the Employer has or obtains any information about the employee that does not conform with the information the employee provided to the City as a SOAP Registrant. Any inconsistency in the information provided to the City and to the Employer is the sole responsibility of the Sex Offender. Employers must not allow a Registrant to be Alone With A Child during the scope of employment without the presence of a Responsible Adult. (B) Landlords, Home Sellers and Mortgagors. When leasing, purchasing or mortgaging real property after the effective date of SOAP, Sex Offenders must notify the lessor, landlord, contract seller or mortgagor that the Sex Offender is a SOAP Registrant and provide the lessor, landlord, contract seller or mortgagor with a copy of the registration information forms submitted to APD pursuant to SOAP and the information forms submitted to the Bernalillo County Sheriff under SORNA. The lessor, landlord, contract seller or mortgagor must notify APD immediately if the they have or obtain any information that does not conform with the information provided to APD by the Sex Offender. Any inconsistency in the information provided to the City and to the lessor, landlord, contract seller or mortgagor is the sole responsibility of the Sex Offender. (C) City Contractors. All persons or entities that enter contracts with the City and employ any person that may be Alone With a Child within the scope of the performance of the contract shall conduct a Background Search of any and all such employees and compare the Background Search to any applicable SOAP registration information. Any failure by the Contractor to comply is a material breach of the contract and entitles the City to terminate the contract. This paragraph includes but is not limited to 501(C)(3) entities and charitable entities. Any person or entity this paragraph applies to shall notify APD immediately if that person or entity has or obtains any information about any SOAP Registrant that does not conform with the information the Registrant provided to the City pursuant to SOAP. (D) Address Verification Checks. APD shall conduct address verification checks to substantiate that Registrants are living where they claim to live. The check shall verify that the claimed address exists and that the Registrant in fact lives at the claimed address. If APD is unable to verify the address, the Registrant may be contacted by mail or otherwise and ordered to submit a sworn affidavit to APD that the Registrant in fact lives at the claimed address. APD may contact and interview any person living or located near the claimed address. The provisions of this paragraph are in addition to any other lawful investigation APD may undertake. (E) Alone With A Child. Sex Offenders and Homeless Adult Sex Offenders may not be Alone With a Child. (F) Sex Offender Location. Sex Offenders shall not reside or establish a place of lodging within 1000 feet of a School. Sex Offenders shall not reside or establish a place of lodging within one mile of any location where a former victim of the specific Sex Offender resides. The requirements of this paragraph do not apply until thirty days after the effective date of this Ordinance. SECTION 9. IMMUNITY. Nothing in SOAP creates a cause of action against the City not already authorized under existing law. Without limitation, the City is not liable to any person harmed who claims that SOAP notice may would have prevented the harm. SECTION 10. PENALTY. Each violation of SOAP is a separate violation of 1-1-99 ROA 1994. The City is also entitled to injunctive relief to enforce SOAP provisions. It is the intent of the City Council that SOAP violations should not be treated by the Courts as lesser included offenses that merge into a SORNA violation. Each day a Registrant should have but failed to register or supplement registration information under SOAP is a separate violation of SOAP. § 1-1-99 GENERAL PENALTY.SECTION 11. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid. SECTION 12. COMPILATION. This ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994. SECTION 13. EFFECTIVE DATE. Unless otherwise provided herein, this ordinance shall take effect five days after publication in full. |
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Albuquerque: 5-19-2003. Registration laws must balance rights of all (says the Albuquerque Tribune Newspaper: Like so many policy conflicts in a democracy, Albuquerque's new sex-offender registration program appropriately is raising grave concerns about the fine line between preventing future sex crimes - particularly against children - and preserving fundamental rights. In that respect, it is very much like the ongoing national debate over compromising the Bill of Rights in order to combat terrorism. Both are driven by fear. Both seek to make the world safe. And both tear at the very fabric of America. How do we balance the justifiable need to prevent future crimes, with the needs, if not the rights, of sex offenders who have been convicted, punished and released, to the basic elements of life - such as a place to live, a job and mobility? Without those basic elements, how will it be possible for them to reform their behavior and conform to the law and social norms? Even though the ordinance was passed unanimously and was championed by Mayor Martin Chavez, the City Council should reconsider alternatives that focus at least as much on treatment and prevention as on monitoring, managing and ostracizing. There is a very real possibility that New Mexico's courts will not sustain the current law..(5-19-2003 Albuquerque Tribune) Albuquerque: 5-1-2003. Sex offender law worries some victim groups: "This is not going to solve the issue of sexual violence, which cannot be solved by sweeping regulations or management of sex offenders. Realistically, we can't lock sex offenders away for life. We have to deal with them in some way, and management isn't going to be enough." Carolyn Ford, director, Albuquerque Rape Crisis Center "I think it may be a little overreaching. I don't think regulations for a first offender should be as stringent as for a repeat offender," said Sherolyn Smith-De Santis, founder and chairwoman of the Albuquerque Women's Resource Center, which provides services for abused women. "If they are not going to be repeat offenders and are not going to perpetuate their illegal behavior, I don't think they should be permanently banned from society." Steve Johnson, executive director of All Faiths Receiving Home, also has reservations. "For people who have paid their dues and can be treated and become safe, this kind of practice may actually get in the way of that goal," Johnson said, referring to the layers of rules regarding notification and monitoring. "I understand the motivation behind the ordinance. I'm just not clear that it can actually result in people being safer.".(5-1-2003 Albuquerque Tribune) Albuquerque: 4-30-2003. Sex offender registry law is harsh, punitive, ACLU argues: The American Civil Liberties Union says "John Doe No. 1" is a married Albuquerque man who owns his own home, is the sole provider for his family and a productive member of society. In 1972, he was convicted of criminal sexual penetration. But in the ensuing 31 years, the ACLU says, he has not committed another sex offense. If the city's new sex offender law is permitted to be enforced, John Doe No. 1 and others like him could end up ostracized within their own communities, banished from the city or even unemployed and transient, ACLU attorney Kari Morrissey says. Another court hearing is scheduled within the next 10 days to determine whether the temporary order moves closer to becoming permanent. No matter what happens, both sides expect the case to ultimately wind up before the New Mexico Supreme Court. The law also says registered sex offenders cannot be within 30 feet of an unsupervised child. "This guy cannot walk into a public restroom alone if there is a teenager in there," Morrissey said. "Is he going to be in violation of the ordinance and face up to 90 days in jail?".(4-30-2003 Albuquerque Tribune) Albuquerque: 4-29-2003..Judge orders halt on implementing city's new sex offender law..: A state District Court judge today issued an order temporarily barring the city of Albuquerque from enforcing a controversial sex offender registration law. The law, which requires sex offenders living within the city to register with police and notify employers and landlords of their past offenses, was scheduled to take effect Thursday. But state District Judge Theresa Baca this morning ruled in favor of the American Civil Liberties Union and issued a temporary restraining order against the city. Another hearing is scheduled for sometime within 10 days of Thursday to determine whether the judge will issue a preliminary injunction. That would further delay enforcement of the law until a judge ultimately rules on the ACLU's request for a permanent injunction. Both sides have vowed to appeal to the state Supreme Court, if needed. An assistant city attorney had warned that sex offenders had to register with the Albuquerque Police Department on Thursday or be in violation of the law. (4-29-2003 Albuquerque Tribune) Albuquerque: ACLU challenges sex offender law: A civil rights lawsuit challenging Albuquerque's new sex offender registration law could end up dogging the city for years to come, the state director of the American Civil Liberties Union says. The constitutional controversy could also cost the city of Albuquerque anywhere from $100,000 to $200,000 to defend, ACLU New Mexico Director Peter Simonson said. "Whatever the outcome of this initial lawsuit, my guess is the losing side will appeal. And I think there is a very good potential it could go to the New Mexico Supreme Court," Simonson said. Chavez said he could not speculate on how long the case would take to litigate, but said he is prepared to defend the ordinance all the way to the state Supreme Court. "It was anticipated," Chavez said of the lawsuit. "I really do respect the ACLU. I just disagree with them very strongly. This is not a punitive or repressive ordinance. It just sheds light. The ACLU filed the lawsuit Thursday, alleging 13 violations of the New Mexico Constitution. It asks that state District Court declare the law unconstitutional and for an injunction to prevent it from being enforced. Among others, the group claims, the law violates freedom of association, the right to privacy and protections against double jeopardy. It lists six "John Does" as plaintiffs, all of whom have been convicted of sex offenses. "This bill is the most repressive, extreme bills of its kind in the country," Simonson said. And contrary to what Chavez said, it is also punitive, Simonson said. "The city has taken the most repressive elements from different sex offender ordinances around the country and packaged them into one extreme act," he said. The mayor also said he thinks the city can defend against the lawsuit at a minimal cost because it can be handled "in-house" by a staff attorney..(4-25-2003 Albuquerque Tribune) Albuquerque: New sex-offender law broadens its reach to 1970 transgressions : The Sex Offender Alert Program, signed Monday by Mayor Martin Chavez, requires anyone convicted of a sex offense dating to 1970 to register with the police department. Under state law, only sex offenders since 1995 are required to register. What's more, Simonson said, the law is so stringent it will deter offenders from registering. "It's a radically extreme ordinance that has gone way beyond what Megan's Law intended," he said, referring to the first sex-offender registration law. "They created an ordinance that banishes a subsector of the population." City officials hope the ordinance has a chance to work before it gets tied up in the legal system, said City Councilor Greg Payne, the bill's sponsor. "I know this will be taken to court very shortly," Chavez said. "But I am confident the registration part will survive." .(4-22-2003 Albuquerque Tribune) Albuquerque: New sex offender law will be tested: Albuquerque's new sex offender registration law is certain to be challenged in court, a civil rights attorney says. "This ordinance is going to have a big red target painted on it for every civil rights attorney in the city," said Peter Simonson, director of the American Civil Liberties Union of New Mexico. "This is a potpourri of constitutional violations." The City Council unanimously approved the ordinance Monday night. Mayor Martin Chavez championed the law, saying it should go a long way toward making Albuquerque a less welcome place for sex offenders. "We have 25 years' worth of sexual predators operating in the city with complete anonymity," Chavez said. The law violates the constitutional protection against being punished twice for the same crime and it violates the guarantee to freedom of association because it prevents two sex offenders from living at the same residence, Simonson said. "The greatest likely effect is to destabilize the lives of people convicted of a sex offense as they are trying to establish a normal routine and stability," Simonson said. The law is also opposed by the New Mexico Psychological Association, which says fails to take into account distinctions between different types of sex offenders..(4-8-2003 Albuquerque Tribune) Albuquerque: : David Siebers, a recently freed, registered sex offender, is trying to get on with life in his new city. But after Siebers, 46, recently visited a public library, Mayor Martin Chavez announced that he's going to purchase a one-way bus ticket for Siebers to get out of town. Police are watching his every move. Officers and the mayor say they are almost certain Siebers will offend again. Siebers served about 19 years in prison for numerous rapes and other related offenses, and was recently released. The message is clear: Police and the mayor want Siebers out.(11-12-2002 Albuquerque Tribune) Albuquerque: Siebers unsure what's next after fire: Convicted sex offender David Siebers is having to start his life in New Mexico all over again. Early Saturday morning, a fire destroyed the East Mountain mobile home Siebers had been trying to make livable for the past two-and-a-half months. He (David Seibers) moved to Albuquerque in November. In the six months Siebers has called New Mexico his home, he has received a series of messages making it clear he is not wanted in the state. The first was a public message from Albuquerque Mayor Martin Chavez: Get out. Jack Furlong, a New Jersey lawyer who has represented several sex offenders in an attempt to defend their civil rights, has followed the Siebers saga closely, and has given legal advice to Siebers and his family. If Saturday's fire was arson, Furlong said, arsonists aren't the only ones at blame. "Here is David, quietly putting his life back together without bothering anyone, and he can't be left alone. If it weren't for the mayor's enticing people to vigilante action, this would not have happened," Furlong wrote in an e-mail sent to The Tribune on Sunday. But Deborah James, a spokeswoman for the mayor, said the incident "isn't related to the mayor." "The mayor has always said he does not support vigilantism," James said..(4-14-2003 Albuquerque Tribune) Albuquerque, New Mexico: Albuquerque Mayor's Wife Writes Letter On Behalf Of Sex Offender: "Whats that? The mayor who hates sex offenders?" Albuquerque Mayor Martin Chavez's wife has written a letter to a judge on behalf of a convicted sex offender. Chavez has received national attention for his push against sex offenders in Albuquerque. Aragon de Chavez says she didn't know Rodriguez had been convicted of a sex crime when she wrote the letter last month... |
Albuquerque: Man Arrested For Beating Convicted Sex Offender: Socorro County sheriff's deputies have arrested a man in the beating of convicted sex offender David Siebers. When Siebers was living in Bernalillo County, where he registered according to the state's sex offender laws this fall, Albuquerque Mayor Martin Chavez offered to buy him a bus ticket out of town. Siebers declined the offer, and Chavez ordered Albuquerque police to monitor him even when he's out of the city limits. .(1-15-2003 Albuquerque Journal) Albuquerque: Lawyer blames Mayor Chavez in beating of sex offender: David Siebers' legal adviser says an angry man from Belen isn't the only person to blame for the beating of the sex offender. The other culprit, New Jersey lawyer Jack Furlong contends, is Albuquerque Mayor Martin Chavez.. "I'm reasonably certain that this would not have occurred but for the unwarranted publicity begun by the district attorney in Grand Rapids, Mich., and festooned by Mayor Chavez," Furlong of West Trenton, N.J., wrote in an e-mail to The Tribune. Brent Gallegos, 29, of Belen was charged with battery and trespassing in connection with an altercation he had with Siebers outside a Veguita home in Socorro County on Wednesday. The fight left Siebers with cuts, bruises and a black eye. A Socorro County dispatcher initially reported that Siebers was badly injured. Chavez has asked Albuquerque police officers to follow him 24 hours a day because Siebers continues to visit Albuquerque periodically. While Siebers was in a grocery store in the city Saturday afternoon, his tires were slashed, an Albuquerque police spokesman said. The attacks are no surprise to Siebers' legal adviser. "Elected officials are quite capable of inciting violence," said Furlong, who is not retained by Siebers but provides occasional legal advice. "Mr. Chavez should not be proud; he should be careful. Unfortunately, honest reflection doesn't appear to be his long suit."(1-16-2003 Albuquerque Journal) Albuquerque: Released sex offender hounded by police, TV: In Albuquerque, Siebers has been followed by reporters and police. He stayed in different places outside the city for weeks, and moved to rural Las Nutrias last week after two people let him park his trailer on their land, 80 kilometres south of Albuquerque. The Mayor of Albuquerque, New Mexico, Martin Chavez, has told city police to monitor Siebers, even though he was outside their jurisdiction. "I'm not picking on him," Mr Chavez said. "He comes with this label 'will re-offend'. Not 'might,' but 'will'." After his release in September, investigators in Michigan told the press Siebers would hurt others. A prosecutor, William Forsyth, said an FBI profile showed he was still dangerous. Jack Furlong, a lawyer who has advised Siebers's family, said he asked Mr Forsyth to make public the FBI report but he refused. Mr Furlong said Mr Chavez was subjecting Siebers to a witch-hunt. "There is nothing more frustrating to a former offender than to be accused of future dangerousness without more information," he said.(1-18-2003 smh.com.au) Albuquerque - The Full Story: David Sieber's Full Story by Denver Post (Well Written Story): ALBUQUERQUE - They burned David Siebers' house to the ground. The arsonists could have been neighbors. But then again, they could have been almost anybody. The fire certainly came as no surprise to most people here. They have watched Siebers being pursued by police, helicopters, cameras and crowds on their TVs many nights. The mayor of Albuquerque, Martin Chavez, has made Siebers' banishment from the Albuquerque area his mission. Note: It is best to read the words of the reporter who has done a great job telling this story! Click on the link above..(5-4-2003 Denver Post.com) Albuquerque: Sex offender working for City of Albuquerque: Throughout the David Siebers saga, Albuquerque Mayor Martin Chavez has vowed to make the city the toughest in the nation on sex offenders.(3-13-2003 KOBTV.com) Albuquerque:Mayor steers bandwagon to rid city of sex offender: Mayor Martin Chavez wants an Albuquerque resident to leave and plans to raise money for his one-way bus ticket out of New Mexico. "We don't want him in Albuquerque," Chavez said of 45-year-old David Siebers. "Frankly we want him to move on." Chavez said he'll ask local banks and businesses for donations to purchase Siebers' one-way bus ticket to anywhere, at a cost of up to $1,000. Police have been keeping a close eye on Siebers since he moved to Albuquerque on Sept. 26. There are more than 500 registered sex offenders in Bernalillo County..(4-8-2003 Albuquerque Tribune) Albuquerque: Violence begets violence: The recent fire in my neighborhood is more than a threat to the forest, people, animals and children. The fire is spreading like a cancer in people that I once respected as peace-loving neighbors when I heard one of them say in front of children, "I wish I had burned that trailer with him [Siebers] in it." When justice becomes barbaric, it is no better than the barbarian. If you start fighting with someone who hates you, you are no better than the victimizer. Take control of your moral character before it destroys more than just a trailer. Mob thinking doesn't just exact revenge; it steals our innocence. It ruins victims' lives, their families and communities. It ruins victimizers' lives, their families and communities. And it ruins the lives of the next generation, their families and communities. The situation with Mr. Siebers is not easy. If someone with his past moved next door to your mother, wife or daughter, you'd be scared. He lives across the street from me and there is fear of losing everything I spent my life living for, not just because he's there but because the people who hate him are filled with vengeance and rage. The irony is that they think they might have conquered this problem, but have they conquered themselves? The evil of revenge is that not only do we become barbaric as a society, but that we will not know who will burn us down if we make the right move or the wrong move in life. If we cannot trust anyone, we cannot be trusted. Common sense tells us that we are losing our life as peaceful people, and we will not have anyone to blame but ourselves if we lose control of our moral compass. You can change the world by demanding moral decency from our leaders. We should be outraged at our legislators that laws such as the recent U.S. Supreme Court ruling that it is OK to have "virtual reality" of adults raping children on the Internet. Ken Burdick, Edgewood .(Letter to Editor of East Mountain Telegram) Albuquerque: To Forgive Is Divine: If you live in New Mexico and don't already know who Dave Siebers is, you must have been in hibernation for the last several weeks. The nightly news has made us all acutely aware of the Michigan transplant, recently released from prison, who's been trying to make New Mexico his home. Each night we're shown another scene of him leaving a different trailer park, urged to vacate by the local sheriff or mayor. The media again "tells" us what a bad person he is and we should be in fear of our lives, and what a great service to the community they're performing by keeping track of his every move. Megan's Law has a purpose, but this isn't it! There's a line from Shakespeare that began to resonate in the back of my mind: "Doth protest too much." We've never heard his side, or ever heard a sound bite from him, just the media's slanted take on the situation, i.e. create a crises even if one doesn't exist. On Christmas Eve I decided to drive up to Cochiti camp grounds and see for myself what this guy was all about. I also decided to bring him Christmas dinner, since I doubted any of the local self-righteous church groups would have thought of that. As I knocked on the door of his trailer, in the middle of a pitch-black remote camp ground, I was half expecting to be confronted by a Charles Manson re-incarnate. After all, that's what the news has portrayed him to be. I was pleasantly surprised when instead I met a fairly bright, educated, eloquent, well-spoken middle-aged guy and gracious host who invited me in for a while. What we all fail to realize, and hasn't been pointed out by the media, is that whether we like him or not, he's now part of main stream America. He's paid his debt to society as mandated by the officials that we've collectively appointed and elected to administrate over crime and punishment. This being said, do we continue to ostracize him from society almost guaranteeing he'll turn to crime to survive? Or, with some caution, allow him to prove himself and meld back into our culture? I left his trailer with a completely different perspective of what and who he is. I've also risen to one more level on my disgust-o-meter for the TV news media. The nightly news has become more a nightly tabloid more concerned with sensational headlines to boost ratings than with responsible journalism. Don't get the idea that I'm the unofficial president of the David Siebers fan club. People that know me will quickly tell you my politics are slightly right of Atilla of the Huns. However, we are a society that prides itself on our humanity. Our religions all preach compassion and forgiveness. It's time our actions reflect our words. This may sound strange coming from a devout Atheist, that I have to remind so-called "good Christians" of their fundamental doctrine. (1-23-2003 Krangle Albuquerque www.alibi.com) Albuquerque: Fear: To Mayor Chavez: I sit by week after week watching the witch hunt on David Siebers and feel I must let you know how I feel. First of all, I am a licensed clinical social worker in New Mexico and have worked with sex offenders for over 20 years. I am also a parent and grandparent, so I can see all sides of this situation. Mr. Siebers is not the only registered sex offender in this community. There are registered sex offenders in almost every neighborhood in this city. Why are you targeting him? Following around this one man is ridiculous and a waste of police power, which I, personally, would like to see protecting me from those who are dangerous at this moment. He completed his time in prison. Has he had treatment? Has he offended within the last ten years? Has he been given the opportunity to prove what his risk factor is? The assumption that a) all sex offenders are the same and b) they will always offend is erroneous. Sex offending is a continuum and occurs for many different reasons. Lumping everyone together is much like the profiling that occurs for people of different races, sexual orientation or gender. And, most importantly, you (Mayor Chavez) are giving the community a false sense of safety by focusing on this man. The truth about sex offending is that the perpetrator is rarely the scary bogeyman in the community, but rather a friend or family member. It is time to stop the mercenary mentality that pervades this nation and, on a smaller level, our community. The fear you are instilling in this community is reprehensible..(2-20-2003 (Ms) Chris Landis, ACSW, LISW, DABFSW, CCJS MAC, Executive Director Albuquerque www.alibi.com) |
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