The Garden City Telegram

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Offenders discuss their efforts to fit into society

Published 12/17/2011 in Local News

Editor's note: This is the first in a three-part series detailing the lives of state-registered offenders.

By JOSEPH JACKMOVICH

jjackmovich@gctelegram.com

If you ever meet Alan Atkinson, you wouldn't think he was different from anyone else. But with a few clicks of a mouse, you can find out a good deal about him.

You can find out where he lives. You can find out what he drives. You can get a list of his scars and tattoos. You can find out other names he has used and a list of photos going back several years. This isn't information from Facebook or Twitter. This is information from the Kansas Bureau of Investigation. Atkinson is a registered drug offender, and until June 1, 2025, this information will remain public.

A 57-year-old resident of Garden City, Atkinson was charged on June 1, 2010, with distribution of methamphetamine, according to the state's online offender registry. The police found out about Atkinson after they used a confidential informant to stage a controlled buy. Without those confidential informants, Atkinson said the police wouldn't be able to do their job.

Atkinson spent 56 days in jail before he was sentenced with a fine, a year and a half of intensive supervision under Community Corrections, and the requirement to register for the Drug Offender List.

Originally slated to register for 10 years, Atkinson received a five-year increase to his registration stemming from state legislation last year. While this may seem a violation of the Constitution under the ex post facto provision which states that sentences cannot be increased after a conviction, that is not the case. The Supreme Court has ruled twice that registration laws do not violate procedural due process and that registration laws are civil matters, and as such are exempt from ex post facto challenges. Along with the increase in time, Atkinson also has to register four times a year instead of three. Each of those registration appointments cost $20.

"I thought after I did my sentence I would have my life back," Atkinson said. "But they lengthened everyone's sentence. I don't care what they say, they lengthened the time for something you have already served your sentence for."

A drug user for 34 years, Atkinson admitted he had a problem. He said that over the years he had done every drug you can imagine, but that his drug of choice was meth. As a lifelong trucker, he felt the pressure of deadlines and the drug helped him stay awake and alert so that he could finish his routes on time, though he realizes now how much of a risk he posed to himself and others on the road.

"They want you to drive 5,000 miles a week," Atkinson said. "No one does that drinking coffee — not even Superman."

The conviction for Atkinson was his first felony, and he thinks it is unfair that he should have to register for so long on the list. He said that if he was a multiple offender, he would understand the mentality of such a long registration. He said he believes having someone register for so long for a single offense is more a money grab than anything else, meaning the government is making more money by making offenders register for a longer period of time.

He added that he is not unique in having an addiction, and that there are people like him everywhere.

"There's a million addicts for a million different things," Atkinson said. "It's all in the way society puts them in a picture frame."

Owning up

Atkinson said that he doesn't care about the stigma of being a drug offender because he has owned and accepted his addiction. The rehab classes and the support from Community Corrections he has received has allowed him to understand his addiction and become free and clear since his conviction.

To occupy his time, Atkinson is working to customize a special three-wheel scooter. He recently sent it away to get a custom fuel tank installed, along with some frame work. He said that being able to work on his scooter, which he often does in his brother's mechanic shop, helps him to ease his mind.

"The worst place an addict can be in is in their mind," Atkinson said. "Working on the scooter helps to get me out of there."

Atkinson likely will never drive for a living again. Not only because of his drug charge, but because of an injury he sustained from a car wreck three years ago that injured his neck and spine. He currently is the treasurer of the local Narcotics Anonymous. He plans to visit his family over the holidays, some of whom he has not seen in 20 years.

"My life has become 100 percent better since I became clean and sober," Atkinson said. "I know that when I wake up in the morning, I'm going to be home."

Atkinson isn't alone. He is one of 9,643 registered offenders in Kansas. Of that number, 6,102 are sex offenders, 2,553 are drug offenders and 968 are violent offenders. According to the family advocacy site Family Watchdog, Kansas ranks 32nd in the nation for per capita rates of sex offenders, at 2.25 sex offenders per 1,000 people.

State legislation

The Habitual Sex Offender Registration Act originally was enacted in 1993 and was changed to the Kansas Sex Offender Registration Act in 1994. After the Kansas Supreme Court declared that allowing public view of offenses prior to April 14, 1994, was unconstitutional, the Act underwent its final name change to the Kansas Offender Registration Act in 1997. Amended to include violent and drug offenses in the proceeding years, the Act underwent its last change in 2011, which increased the amount and term of registration times to be in compliance with the federal Adam Walsh Act.

Kansas Bureau of Investigation Deputy Director and Assistant Attorney General Kyle Smith helped to draft the original legislation. He said that the original plan for the registration was to have the data non-public and used as an investigative tool to help find likely suspects in sex crimes. He said since the Act's inception, it has grown considerably to include other offenses, and he hopes that people are aware of the changes.

Smith gave testimony to the Kansas House Corrections and Juvenile Justice Committee that HB 2322, which increased the terms and amount of registration, was a good thing for Kansas. Given March 3, 2011, he said that while the changes would put Kansas into compliance with federal guidelines, the most important thing is that children in Kansas would be safer.

"Protecting children is not a state or federal issue," Smith said. "It isn't partisan or political. It is simply the right thing to do."

While Smith said that the new guidelines put more strain on sheriff's offices and offenders, he feels the move is justified. On top of being a tool for public awareness, he said, the registration provides a strong deterrent since offenders know that law enforcement agencies have their fingerprints and DNA on file.

Smith added that while the information is a valuable tool, it is not the only thing to be mindful of to remain safe.

"I think it does a public service," Smith said. "But it may give a false sense of security. It's often not the stranger that poses the biggest threat to a child."

Being required to register on either the drug, violent or sex offender list depends on the offense itself. Crimes like criminal sodomy, incest, rape or sexual battery are causes for registration on the sex offender list, while crimes like capital murder and assault with a deadly weapon are causes for registration on the violent offender list. Drug offense registration requirements are limited to offenses such as distribution and manufacture of a controlled substance. Depending on the offense, registration can be for either 15 years, 25 years or life.

Registering on a list requires offenders to go to their local sheriff's offices. The first registration is free, and takes about 30 minutes. Offenders provide personal information such as addresses, vehicle information, proof of employment and name changes. The offender is then informed of various restrictions and reporting guidelines. For example, if a trip is to extend more than two weeks, the sheriff's office must know every address planned to be visited, along with notification to the counties to be visited. After the first registration, offenders must register four times a year, starting with their birth month and every three months thereafter. The offender has the entire month to come and re-register, which only takes a few minutes and costs $20. Any deviation from the registration can land an offender back in jail or prison.

Serving a purpose

Jessica Pacheco is the records deputy for the Finney County Sheriff's Office and oversees the registration process. She said the most important thing for offenders to remember is that they will receive no notification to come in when their registration is due.

"This is your registration," Pacheco said. "You were the one convicted. It is your responsibility to remember."

She said that there are around 125 offenders registered in Finney County, and that four of them currently are not in compliance with the law. She said that the high percentage of compliant offenders shows that the process is working well.

With registrations so long, Finney County Sheriff Kevin Bascue expects the number of offenders to only go up. With crimes being committed on a daily basis and registrations taking up the entire life of an offender, the best case scenario would be for the number to remain stable.

Bascue said that the list has a purpose and that he agrees with that purpose. He said that it lets people in the community know who is living around them. When it comes to the issue of lengthening registration terms, Bascue said that the offender doesn't have too much room to complain.

"If you don't want to have to go through the registration process, then don't do the crime," Bascue said.

A different view

Rodney Colson is another Garden City resident who is living life on the list. While Atkinson personally faced little stigma on the drug list, Colson is a registered sex offender and sees things a little bit differently.

Initially reluctant to speak about his situation, Colson did agree to an interview with The Telegram.

He said that as part of his ongoing probation requirements, he cannot use the Internet or have a phone that can access the Internet. He cannot go to public parks, be near schools or visit the public pool in the summer. Colson, 48, will remain on the list until Aug. 8, 2035. He will be 74 when he is no longer required to register.

Colson was convicted of attempted indecent liberties with a child stemming from online chats with a girl that Colson claims misrepresented her age, according to the state's online offender registry. He also is diagnosed with Klinefelter's Syndrome, which means he has an extra X chromosome. Undiagnosed until he was 22, Colson faced muscular, emotional and social handicaps throughout his life. Klinefelter's patients also are prone to developing more slowly, which often leads to them associating with people below their age. Colson said that his condition was never brought up in court.

While he was initially agitated with the requirements of registering, Colson personally is not bothered anymore. Like Atkinson, he also faced an extension of his registration requirements, and likewise feels that the change was a money grab and that he should have been grandfathered into the old requirements.

After his arrest, Colson lost his job with the Orscheln Farm Store. After visiting the unemployment office, he found a job with the Garden City Travel Plaza, where he currently works. He said that his boss does not talk about his conviction, telling him that everyone deserves a second chance.

Colson said the thing that bothers him the most is that he can no longer talk to some of his family, who disowned him after finding out about his arrest. As a result, Colson's brother, sister-in-law and nieces refuse to speak to him. He understands their contempt, and understands that the healing process for them will take time.

"It's a hard thing for people to deal with," Colson said. "Sometimes you have to give it time for the healing process to come around."

Besides the family, Colson's mother, Glenda, who he lives with, also was affected by the charges. Glenda Colson runs a massage and hairstyling business out of the home, and she said that her business took a big hit after the charges were made public. Also initially reluctant to speak about her son's situation, she also agreed to an interview and said that it was more important to get the story out than to potentially have additional damage to her business.

"I think the public needs to know," Glenda said. "If this hurts my business, I'm 70 years old, maybe I just don't need to have it anymore."

Glenda helped her son while he spoke because he sometimes does not fully understand questions asked to him. She said that her family was important to her and that people who have been turned away after stigmatizing charges face a hard road to recovery. Without the support of family, offenders sometimes find themselves homeless and without a support network to rely on.

"There needs to be more community and family support," she said. "When something like this happens, you just have to be there for someone."

Rodney Colson understands why the list is important, and said that it does serve a purpose for the community. He said that while knowing a person's conviction can be important, he is more than just a registered offender available for viewing on the Internet.

"I don't think they should look past the charge," Colson said. "But give me the benefit of the doubt, I'm someone better than I once was. I don't want to make people mad. I just want to make some friends."

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