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TIME: Almanac 1995
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TIME Almanac 1995.iso
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1994-10-03
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<text id=94TT1199>
<title>
Sep. 05, 1994: Justice:Not in My Backyard!
</title>
<history>
TIME--The Weekly Newsmagazine--1994
Sep. 05, 1994 Ready to Talk Now?:Castro
</history>
<article>
<source>Time Magazine</source>
<hdr>
JUSTICE, Page 59
Not In My Backyard!
</hdr>
<body>
<p> Citizens rally to keep paroled murderers and sex offenders from
settling in their communities
</p>
<p>By Jill Smolowe--Reported by Lisa H. Towle/Raleigh and Tom Witkowski/Boston
</p>
<p> Police Captain Kevin Collins sputters with outrage when he speaks
of the night five years ago when 15-year-old Craig Price murdered
Joan Heaton and her two daughters in their home. "We think of
what these little kids went through...that screaming...that unmerciful attack." When police arrived at the Heaton
house in Warwick, Rhode Island, they found three broken bodies:
Joan, 39, had been stabbed 11 times, strangled and bitten in
the face; Jennifer, 10, had been knifed 62 times; Melissa, 8,
had eight stab wounds and a crushed skull.
</p>
<p> Collins and many citizens are determined that Price will never
return to Warwick--or any other community, for that matter.
Price is scheduled to be released in October, when he turns
21. Because he was a juvenile when he committed those murders--and a fourth one in 1987--Rhode Island law requires that
Price be set free when he reaches the age of majority, and that
his juvenile criminal record be sealed. "A four-time killer
can get out and buy a gun. He can work in a day-care center.
He can drive a bus," says Collins. "What a birthday present
that is." To thwart that possibility, Collins and the victims'
relatives have launched a grass-roots effort to keep Price behind
bars. The group has flown planes over four states, towing banners
that read: KILLER CRAIG PRICE; FREE OCT. 11, 1994, MOVING TO
YOUR CITY? BEWARE. They've gathered signatures demanding that
Price be kept in prison. And they are planning a national ad
campaign that Collins hopes will make Price's name a household
word.
</p>
<p> The Rhode Island effort is not a lone crusade. Citizens are
increasingly taking up the environmental battle cry of NIMBY--not in my backyard!--and rallying to block former convicts
from settling in their communities. Local groups are pressing
state assemblies for tougher detention laws and parole conditions.
When legislators don't respond quickly enough, citizens take
it upon themselves to sound the alert. As a direct result, more
and more states are enacting laws that put the interests of
the community before the rights of ex-prisoners. The laws, says
Patrick Stafford of the Southern Legislative Conference, are
"very representative of the fundamental shift in the approach
to crime. Not so long ago, it was `Early release, early release!
Prisoners' rights, prisoners' rights!'" The new mood, says
Stafford, is "concern for those people the offender hurt."
</p>
<p> The loudest demand is for notification laws that alert citizens
when a sex offender is about to be released into their community.
At present, 38 states require that local police be notified
when a release is imminent. Last week New Jersey legislators
scrambled to answer citizens' demands for a law that would require
authorities to notify community members as well. The outcry
for the so-called Megan's Law follows the July 29 rape and murder
of seven-year-old Megan Kanka. Paroled child molester Jesse
Timmendequas, who has been charged with the crime, had been
living across the street.
</p>
<p> One of the bills under debate in Trenton echoes a "sexual predators"
provision in the crime bill approved by Congress last week,
which requires certain offenders to check in with police every
90 days for the rest of their lives. The New Jersey proposal
would require police to notify neighbors, schools, churches,
youth groups and the media within 45 days of an ex-offender's
moving into a neighborhood. Governor Christine Whitman, who
wants community notification only when an inmate is "really
at risk of committing these kinds of offenses again," argues
that too broad a law risks deluging the police with paperwork.
Whitman would prefer to follow the lead of Washington State,
whose notification laws are touted as model legislation. Those
provisions strive to match the extent of the notification with
the nature of the offender's crime and his chances of becoming
a repeat offender. Residents learn of an ex-prisoner's presence
in the community in about 20% of the cases; only the police
are notified in the remaining cases.
</p>
<p> Even so, the state has suffered from some vigilante-style abuses.
In July 1993 the home of convicted child rapist Joseph Gallardo
was burned to the ground after citizens in Snohomish County
learned he was about to be paroled. "When things like that happen,
you jeopardize the ability of the person to ever readjust to
community life," says Stephen Bright of the Southern Center
for Human Rights. Such a reaction "enhances the chance they'll
return to crime," he warns. Civil libertarians contend that
notification laws are unconstitutional and have the effect of
illegally keeping people in custody after they have served their
sentences. However, such arguments carry little weight with
people like relatives of the Heatons whose determination is
that it must never happen again.
</p>
</body>
</article>
</text>