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[Semantics]

5 worst states to be an animal: Abuse laws lax

What's the punishment for being cruel to an animal? In five states — Idaho, Hawaii, Kentucky, Mississippi and North Dakota — the law’s response is, “Not much.”

Those five states have the weakest animal protection laws in the nation, according to a recent report by the Animal Legal Defense Fund, a non-profit organization based in Cotati, Calif. The report says the states' failings include not requiring owners provide basic animal care such as adequate food and water, no requirement for mental health evaluations or counseling for those convicted of animal abuse and no restrictions on future ownership of animals following a conviction.

None of the five states consider cruelty, neglect or abandonment a felony. And of the five, only North Dakota regards all animal fighting as a felony, not just dog fighting.

People in these states aren’t more likely to mistreat their animals, says Stephan Otto, ALDF’s director of legislative affairs and author of the report, but the laws haven’t caught up with society’s values.

“Most people treat their animals wonderfully, but the question is whether there are appropriate penalties when they don’t,” he said.

In Mississippi, for instance, the penalties for neglect and dog fighting are the same: a fine of between $10 and $100 or jail time for between 10 and 100 days. Someone who maliciously injures or kills a dog or cat cannot be fined more than $1,000 or imprisoned for more than six months. The only restitution required is the replacement value of the animal, plus the cost of any veterinary fees or other expenses incurred. By contrast, in California, one of the states with tougher penalties, dog fighting is punishable by imprisonment for 16 months to three years, a maximum fine of $50,000 or both.

Kentucky vets not allowed to report abuse
In Kentucky, veterinarians are prohibited from reporting suspected cruelty or fighting, an unintended consequence of a law mandating client confidentiality. Otto says a bill was recently introduced to rectify the problem.

States that are soft on crimes toward animals often have an agricultural lobby that may see animal protection issues as potentially limiting options for farmers, says Francis Battista, a founder and director of Best Friends Animal Society, a non-profit organization based in Kenab, Utah. When animal issues come up, they tend to be put on the back burner in favor of human issues. Cultural or traditional attitudes can also affect the way people relate to animals and the willingness to adopt animal protection laws, he says. People in southern and western states can have an independent mindset that precludes being told how to treat their property, including animals.

In 2009, when a Mississippi man tied his dog to a tree, set her on fire and let her burn to death, it was considered only a misdemeanor. He was fined $1,000 and given a six-month sentence. Last month, the Mississippi legislature introduced a bill that would increase the penalty for acts of cruelty toward dogs and cats. If passed, people convicted of cruelty could go to prison for up to five years and pay a fine of $10,000.

Beyond greater penalties, there are other consequences to being convicted of a felony rather than a misdemeanor, Otto says.

“Those convicted of felonies will usually serve their sentences in a state or federal prison rather than a local, city or county jail," he says. "A felon will also have more restrictions on their rights than a person convicted of a misdemeanor. In many states, convicted felons cannot serve on juries. They may also lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may also be prohibited from owning guns or serving in the military.”

Arkansas, which was once ranked at the bottom of the ALDF's annual report, improved its standing last year after the state’s attorney general brought together people from agricultural and animal protection organizations and hammered out an agreement that included a felony penalty for torture, including starving, and neglect, improved the definition of care, and provided for mental health evaluations and counseling. People who commit animal cruelty in the presence of a minor face stronger penalties.

“It catapulted them from the very bottom to the middle,” Otto says.

Many states are taking steps to offer better legal protection for animals, including mandates for mental health evaluations, counseling or restrictions on animal ownership for people who are convicted of animal cruelty. Those are important because people who commit crimes against animals frequently repeat them.

There’s also a strong connection between animal abuse and other types of violence, particularly domestic violence, a link that has been shown in many studies. A 1997 study by the Massachusetts Society for the Prevention of Cruelty to Animals and Northeastern University found that those who had committed a violent crime against an animal were five times more likely to commit violent crimes against people. When animal abuse is addressed early, before it becomes a habit, it can help to reduce overall violence in a community, Otto says.

“We think it’s incumbent that the mental health angle of this is addressed in laws,” Otto says. “A lot of states too are looking at prohibiting those convicted of animal cruelty and neglect from owning animals for a certain period of time after conviction. We think that’s another helpful tool to break the cycle of abuse and potentially eliminate new victims.”

Better definitions of care provide a baseline for pet owners to meet as well as objective criteria for law enforcement to know whether the law has been violated. But in the end, enforcement is key.

“You can have the best laws on the books, but if you’re lacking enforcement, they’re not worth anything,” Otto says.

Second chance for abused animals
The good news is that animals are resilient, Battista says. Whether they have suffered neglect, abandonment or overt physical abuse, they have an amazing ability to respond to rehabilitation efforts.

He would know. Best Friends took in 22 of the 47 dogs rescued from the estate of Michael Vick after he was arrested and charged with conspiracy to engage in dog fighting in violation of the Animal Welfare Act. Many were so shut down and unresponsive due to the abuse they'd suffered that they that they would have been euthanized if Best Friends hadn’t taken them, says spokesperson Barbara Williamson. Because of judicial requirements regarding their placement, only a few are in adoptive homes so far, but the rest are at Best Friends or in foster care and all are making progress. Only one is considered aggressive toward people, Williamson says, and even she is now friendly if introduced by someone she trusts. She will stay Best Friends for the rest of her life.

“Animals are survivors, like people, and they will take every opportunity to respond to help,” Battista says. “Depending on what category of abuse you’re talking about, the way we rehabilitate and the time for rehabilitation might be different. Some animals are never going to be lap cats or lap dogs, but they’ll always improve and they’ll always respond. It’s simply a matter of time and patience.”

Link

I saw this article this morning. We are definitely making gains on animal welfare but there is a lot of work to be done. I hope that the lack of animal protection legislation becomes something that is addressed nationwide.

[Kimbo]

Originally Posted by Semantics

5 worst states to be an animal: Abuse laws lax



I saw this article this morning. We are definitely making gains on animal welfare but there is a lot of work to be done. I hope that the lack of animal protection legislation becomes something that is addressed nationwide.

Thanks for the link. I didn't know that about Kentucky..It seems really odd that a vet would not be able to report abuse.

[violaine]

= for county commissioners/chief animal control officer !

statistics are finally in for the AC/shelter being investigated. the euth rate is 80%. not surprising whatsoever, but how the pages were submitted blew my mind- poor print quality- and each page consisted of lousy bar graphs. who would present something like that to superiors [commissioners] ?

anyway, we have a meeting tuesday coming, and the one commissioner will be questioned in front of the room and possibly media- why the state animal control / shelter welfare organisation comprised of individuals on the board with a long history of expertise in their field- are not even being considered ?

the statistics, actual report, and outright rejection of the AC/s organisation is unsettling -

[Kimbo]

Originally Posted by violaine

= for county commissioners/chief animal control officer !

statistics are finally in for the AC/shelter being investigated. the euth rate is 80%. not surprising whatsoever, but how the pages were submitted blew my mind- poor print quality- and each page consisted of lousy bar graphs. who would present something like that to superiors [commissioners] ?

anyway, we have a meeting tuesday coming, and the one commissioner will be questioned in front of the room and possibly media- why the state animal control / shelter welfare organisation comprised of individuals on the board with a long history of expertise in their field- are not even being considered ?

the statistics, actual report, and outright rejection of the AC/s organisation is unsettling -

I hope the media is there and those numbers get on the news. Many people don't realize how high the euthanasia rate really is in their communities. Curious if it stated in total how many animals and if it broke out cats and dogs--generally cats euthanasia is higher than dogs.

Keep up the good work Belle---I have a feeling the commisioners are going to be grumbling under their breath when they see you at a meeting! Gotta love it.

[IrishGrrl]

Calling all animal lovers!!!

Please read my thread "finding Jack a home".

I rescued him from the houston "corridor of cruelty".

Thanks for your help!

[violaine]

i would encourage you to copy/paste the information for sweet jack here as well, irishgirl.

wishing you all the best in placing him. will take a look-

best,
bella

[violaine]

hi

tuesday's meeting with the commissioners was not the greatest. chief animal control officer was there, and avoided questions - she just wanted to "tell stories", and is prone to breaking into tears. this woman, a Chief ACO for this county over the last 25 years, still has no clue how much it costs to euth. an animal.

the commissioners were not warm to the idea of the impressive board of people who are experts in their field on AC sheltering issues - including SOP's [standard operating procedures]. they "need more time", and so that's where tuesday's meeting stopped.

today, i received a note from the CEO of the welfare group [we want her to work with the county commissioners, and she had not heard a peep from any commissioner after writing her letter] - until today ! she received word from one commissioner who wanted more information about the board members, and the welfare organisation

whatever is said at a meeting w/commissioners goes on record - and you never know who in the room hears the issues brought to them, and who they discuss with, et c. we already know the commissioners feel The Squeeze from us due to the local newspaper reporer, FB page, & animal control page- with our questions/comments [nothing is unprofessional or inappropriate/crossing lines].

cross your fingers-