Transient Sex Offenders and Residence Restrictions in Florida

1 2013 Levenson, Ackerman, Socia & Harris Transient Sex Offenders and Residence Restrictions in Florida JILL S. LEVENSON, LYNN UNIVERSITY ALISSA R. ACKERMAN, UNIVERSITY OF WASHINGTON, TACOMA KELLY M. SOCIA, UNIVERSITY OF MASSACHUSETTS, LOWELL ANDREW J. HARRIS, UNIVERSITY OF MASSACHUSETTS, LOWELL Transients and Residence Restrictions 1 2013 Levenson, Ackerman, Socia & Harris Transient Sex Offenders and Residence Restrictions in Florida July 2013 EXECUTIVE SUMMARY The purpose of this study was to better understand the phenomenon of Transient sex Offenders in the context of Residence restriction laws in Florida . The entire population of registered sex Offenders living in the community in Florida was studied (n = 23,523).

2 Higher proportions of Transient (homeless) sex Offenders were found in counties with a larger number of Restrictions , vast territory covered by local laws, wide-distance buffer zones, bus stop Restrictions , higher population density, and expensive housing costs. Together, these factors create a perfect storm for elevated levels of sex offender transience. Broward and Miami-Dade Counties together are home to of the state's community sex Offenders , but 37% of the state's transients. Sex Offenders are more likely than the general population to become homeless. Transients were more likely than non-transients to have a history of failing to register. Few transients abscond, but when they do, they are more likely to abscond from registration than probation.

3 Because housing instability is a risk factor for recidivism and undermines effective monitoring of sex Offenders , lawmakers should recognize that transience is an unintended negative consequence of these laws and reconsider Residence Restrictions as a sex offender management policy. INTRODUCTION Sex offender Residence Restrictions (SORR) laws prohibit registered sex Offenders (RSO) from living within close proximity (usually 1,000 to 2,500 feet) of places where children congregate. Despite their popularity, there is no evidence that sex Offenders who live closer to schools or daycare centers reoffend more frequently than those who live farther away (Zandbergen, Levenson, & Hart, 2010), or that residential Restrictions serve to reduce sexual recidivism (Blood, Watson, & Stageberg, 2008; Duwe, Donnay, & Tewksbury, 2008; Nobles, Levenson, & Youstin, 2009; Socia, 2012).

4 These well-intended laws result in limited housing options for sex Offenders in many metropolitan areas, and their unintended consequences include transience, homelessness, and housing instability. This exploratory study is the first to specifically identify and examine factors associated with sex offender transience. CONTEXT OF THE CURRENT STUDY: RSOS AND SORR LAWS IN Florida The state of Florida is home to approximately million people ( Census Bureau, 2010). According to the Florida Department of Law Enforcement (FDLE), in April 2011 there were 55,847 RSOs listed on Florida 's registry. Of these RSOs, their mean and median age was Transients and Residence Restrictions 2 2013 Levenson, Ackerman, Socia & Harris 45, 74% were white, 77% had a minor victim, and 16% were designated as sexual predators.

5 However, only 40% of these RSOs were living in the community, as 28% were confined, 28% were living out of state, and 4% were deceased or deported (Ackerman, Levenson, & Harris, 2012). Florida 's statewide law prohibits RSOs from living within 1,000 feet of a school, daycare, park, playground, or other place where children congregate. In addition, according to the Florida Department of Corrections (DOC), by 2011 a total of 140 local ordinances had been enacted in 44 of Florida 's 67 counties (see Appendix 1). There were an average of prohibited venues named in any given ordinance (range = 1 to 10). In addition to city ordinances, county ordinances also exist in some areas; some apply only to unincorporated areas but others cover the entire county.

6 The most common distance restriction is 2,500 feet (mean = 1,503, median = 2,250) and local laws cover an assortment of venues including schools, parks, playgrounds, daycare centers, libraries, churches, public pools, sports fields, and school bus stops. The oldest ordinance existed in Broward County (Fort Lauderdale; 71 months) and the newest was in Holmes County (the Panhandle; 14 months).1 Appendix 1 also shows the average rental price for a one-bedroom unit ( Department of Housing and Urban Development, 2011) and population density ( Census Bureau, 2010) for each county. Collectively, the ordinances cover 253 (52%) of the state's 482 municipalities and unincorporated areas (see Appendix 2). Living near bus stops is prohibited by 104 of the ordinances, covering 22% of the total number of jurisdictions in the state (see Appendix 2).

7 METHODOLOGY Data about the sex Offenders and their offenses were obtained in April 2011 from two sources. The first data file was obtained by request from the Florida Department of Law Enforcement (FDLE) and included information regarding all registered sex Offenders on the Florida registry plus each offender 's Adam Walsh Act (AWA) tier assignment. In order to obtain information about the offender 's sex crime convictions, a second data file was obtained from Florida 's sex offender registry via an automated data-downloading process known as a spider-scrape. The two files were merged and matched into one dataset that included all the variables provided by FDLE and the offense data provided by the scrape. Because we were interested in investigating transience while living in the community, we removed from the dataset all Offenders who were listed as living out of state (n=12,793), deported (n=2,024), deceased (n=445), civilly committed (n=580), or otherwise incarcerated (n=16,302).

8 Thus, the final sub-population under study included only those individuals living in 1It should be noted that while Miami-Dade County's current ordinance was only 15 months old in April 2011, the city of Miami Beach had passed the state's first local SORR ordinance in June 2005, and 24 of the county's 35 municipalities soon followed (Zandbergen & Hart, 2009). All of the city ordinances created a buffer zone of 2,500 feet except two: Bal Harbour created a 1,300 foot zone and North Miami created a 3,000 foot zone. Most included bus stops. The county government set an additional 2,500 foot buffer zone which covered the unincorporated areas of the county. In January 2010, after widespread national media attention to dozens of RSOs living under a causeway connecting Miami Beach to the mainland, all city ordinances were rescinded and replaced with one county-wide 2,500 foot zone (covering all 35 municipalities and the unincorporated county territory) prohibiting RSOs from living within 2,500 feet of a school.

9 Transients and Residence Restrictions 3 2013 Levenson, Ackerman, Socia & Harris the community in Florida in April 2011 (n=23,523). Characteristics of the sample can be seen in Table 1. Table 1: Descriptive and Comparative Statistics RSO Total Population N =55,721 RSO living in community N = 23,523 Transients Non- Transients Mean / % Mean / % Mean / % Mean / % offender 84% 90% 88% 90% Predator 16% 10% 12% 10% AWA Tier 2 (bi-annual) 63% 69% 69% 69% AWA Tier 3 (quarterly) 37% 31% 31% 31% Race (Minority) 26% 25% 37% 24% On Supervision* 13% 14% 25% Gender (male) 98% 97% Age at Conviction 34 Current Age 45 Current Age 47 Minor victim 77% 81% 74% 81% Repeat sex offender ** 6% 5% Ever convicted of FTR 8% 22% 12% Transient N/A N/A N/A Listed as Absconded 2% 3% Absconded from Probation 14% 60% Absconded from Registration** 86% 40% * DOC Probation, DOC community control, DOC administrative probation, Parole, or Federal Probation ** More than 1 sex crime conviction ** Of all sex Offenders who have absconded, 86% of transients and 40% of non-transients have absconded from registration; 14% of Transient absconders and 60% of non- Transient absconders have absconded from probation.

10 Transients and Residence Restrictions 4 2013 Levenson, Ackerman, Socia & Harris FINDINGS County Characteristics Table 2 shows the counts and proportions of transients in each of Florida 's 67 counties. Statewide, of the RSOs living in the community were homeless and registered as Transient . Broward (the greater Fort Lauderdale area) and Miami-Dade Counties had the highest numbers and proportions of transients: and respectively. These two counties are home to 37% of the state's Transient RSOs. Table 2 also reports the percentage of the general population who are homeless in each county. In the vast majority of counties, homeless individuals account for less than 1% of the population. As such, sex Offenders are much more likely than the general Florida population to become homeless.