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General News

General Comments February 2017

Comments that are not specific to a certain post should go here, for the month of February 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

Join the discussion

  1. Movetola

    I’m thinking about moving to los angeles from new York. Can anyone tell me what are the restriction are. Where I am now they only come once a year and I can live where I want.

    • C

      I’ve been off parole since 1997 and, to my knowledge, have no residence restrictions, but I’m not allowed at my kids’ school w/out permission from the administration. If you go to school you’ll have to register w/ campus po-po. They “only” come to my house once a year, as far as I know, soon after my annual registration w/ LAPD, but I’m usually not home.

      Your situation might depend on the nature of your conviction and what requiremen’s you have in NY.

      Best of luck!

    • Renny

      Can’t speak for LA since I live in Riverside County.

      Keep in mind however that after you move to California, you are still required to register annually on your conviction anniversary with New York AND comply with ESTOP for the entire registration term depending upon your level and how often they change the law.

      That means registering twice a year (once for each state), plus the internet identifier updates and every three years having to beg your local CA cops to take your photo so it can be sent to New York.

    • In Pasadena CA

      New Yorker, I live in the City of Pasadena in Los Angeles County. They do a residency check on me about once a year (though for several years, they appear to have forgotten about me!). I register annually on my birthday. The registering agent is always courteous and professional. The officers who do residency checks typically play the good cop-bad cop routine and ask stupid questions with an arrogant attitude such as, “May we come inside and look around?”[No!], “Do you have a computer? May we see it?” [No!], “May we continue to ask you stupid questions?” [Rhetorical!]
      Anyway, I’ve encountered few problems and no harassment here. My conviction occurred 20 years ago. No probation. That said, it’s high time to end all Registries!

    • steve

      I would suggest the San Fernando Valley. No residency checks in 20 years and no cowboy sheriffs who like to parade the the combat units that come to your house to do a compliance check.

  2. Davd H

    I just received my passport and my passport card. I am registered and on supervised release. The state department did call my probation officer who asked if I would let them keep the passport until needed. There are no visible marks on either stating of my S.O. status.

    • DPH

      COngrats David H! I did mine as well, just go my Birth Cert from the Co. and am in SF to complete.
      Thanks for the update and letting us ALL know that currently, as your date of writ, you canNOT locate any
      VISIBLE marks or identifiers at this time.
      I will also make a not back here on General Comments AND the IML comments after receiving my passport book (good to know that you also rec’d your Card). Thanks Davd H.

    • Chris F

      Was your crime involving someone under 18 and should be covered by the new marked passport law?

      • Davd H

        I was convicted of receiving cp. Sentenced to 5 years prison a d 5 years supervised release. I was told I couldn’t keep it with me because in the state of Louisiana it is a time to have an I’d that doesn’t identify you as a sex offender. On the other hand he didn’t confiscate my VA identification card. Hopefully he doesn’t turn it back in to the state department.

        • Tired Of Hiding

          Please be aware the the reason your new passport is not marked is because although the law is already in place it has not been implemented yet.

          Do not think you got lucky or got forgotten about. Once they finally get the parameters of this Nazi inspired program going you (and everyone else on the registry) will be contacted to turn in your passport for the new “special one”…I feel so special just thinking about it.

          Maybe it will be purple or more appropriately have black and white stripes on the cover because I am really sick of this boring blue!

          • Punished For Life

            I don’t want to give them, (the Feds) any Ideas, but here in Nevada, any piece of mail that comes
            from the Department of Public Safety for RC’s, has a prominent red “S” stamped on the outside of the envelope. It only takes
            a few pieces of mail and soon your mail carrier along with a few of your good neighbors
            will know something happened in your life, possibly decades ago.
            I’m thinking if the lawmakers in Nevada had anything to say about it, your new passport
            would be wrapped in a nice envelope with a big red “S” on the outside of the mailing.
            There is only one reason why they do this. They want to somehow be sure that your mail
            carrier and any roommates or neighbors will find out what a piece of shit you must be.
            Anything they can do to make life just a bit more miserable or us.

  3. USA

    Great to hear. I believe the identifier on the passport was only for child related offenses? I also had no idea (I went on the Ca Megan’s site) I’m supposed to contact someone if I travel? I also had no idea I was banned from schools? That’s nuts

    • DPH

      USA, If I were you…I would listen to the Conference Call on here for IML and the last Travel Conference Call earlier as well. Lots of surprises you don’t get imformed about, but stay informed on here!

  4. USA

    DPH, please share. I have a battery from 20 years ago/expunged/non minor. I’ve travelled a great deal, but not lately. Does the new passport only affect child related offenders (I believe so)? So, will Homeland Security only call on those with passports with offender emblems? Do they call ahead for expunged offenses? Please send the link. If I contacted the authorities every time I travelled, that would be a joke. It takes me (OC) almost 2 hours to register each time? This would be a great lawsuit?

  5. mike r

    I guess I’m pretty lucky as I haven’t never had any kind of compliance checks since being off parole in 2011 and the registering officers both at my college and at my annuals have all been very polite and respectful…I live in Sacramento and I don’t know about others but they leave me alone..knock on wood….

  6. Joe123

    Hello Janice,

    Seeing the influx of millions of dollars in ACLU donations recently, are you by any chance working closely with them regarding tackling down the registry laws? It would seem to be the right time for this. There are so many studies now proving a low recidivism rate, so it seems like the foundation is there now.

    • Tired Of Hiding

      You kidding right? You think the ACLU give one f**k about sex offenders? They never have so what makes you think that is going to change?

      Sure, they will fight to get Muslims into the country but don’t think for 1 moment they are going to give any thought to you or me. Not good for business…I mean, donations…to help a filthy unpopular bunch like you or me.

      • Tobin's Tools 2.0

        Southern California ACLU is not very supportive of sex offenders. But remember, it was the ACLU chapters in Michigan and Northern California who fought for victories in Does v. Snyder, as well as Doe v. Harris, respectably:

        Does v. Snyder: http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0207p-06.pdf

        Doe v. Harris: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/11/18/13-15263.pdf

        There are certainly other sex offender causes that the ACLU has fought for.

      • Chris F

        The ACLU helping us gets closer and closer to happening every year.

        They’ve actually been very helpful in this freedom of speech Pakingham SCOTUS case and with other recent wins as well.

        They are a publicly funded organization, and will go bankrupt if at least a portion of the public can’t be persuaded that we aren’t the vile unfix-able filth that the media and government have made us out to be.

        What we really need is to help them spin this correctly to gain public support. We need our own “poster children” and examples of how these laws hurt children more than help them. Just think if we could hold up a real story about a child that was hurt because a family didn’t turn in the primary breadwinner due to how he would never be able to get a job and they wouldn’t be able to live within the useless residency restrictions. That type of person doesn’t get help and is likely to re-offend simply because laws have gotten so bad that it’s worth the risk to the family of re-offense over making proper use of the legal system.

        • David Kennerly

          “Public funding” means government funding. The ACLU is entirely supported by private funding, e.g. individual member contributions, foundation grants, etc.

      • Bobby

        To tired of hiding,

        I don’t know where your from but hear Michigan MS Aukerman from Michigan’s ACLU and Lawyer’s from the University of Michig.an and other Lawyers are doing a great job standing up for our rights and then some, that is why so far everything that the state of Michigan has tried to do has been denied and they have been smacked in the face every time they try to get these lawsuits thrown out so at least here in Michigan the ACLU is on our side.

        • David Kennerly

          I’m sure that most of the variation amongst ACLU chapters comes down to the politics and beliefs of individual Directors and Boards as well as their assumptions about what their membership will support.

          This would be a good argument for getting involved with your local chapter. Perhaps remind them about their founder, Roger Baldwin’s, own views on sexuality (Google it).

    • ONE DAY AT A TIME

      I think that the ACLU will be too busy fighting Trump for the next 4 years to be concerned with helping our unpopular group. It certainly won’t help their fundraising efforts if they are known as supporters of our rights. The public likes and believes in all the sex offender restrictions and won’t support the ACLU in any effort that might just put one child at risk.

      • Timmr

        On the other hand it may be like when people had the USSR to focus on, child abduction was really not noticed for more than what it was, a singularly rare event, lock up the perpetrator, move on and let’s worry about the fall of democracy to the reds. Seems like after the fall of communism, that people started looking for other bogeymen.

        • Tired Of Hiding

          Now that would be ideal and actually practical and effective…unfortunately those facts also doom it from actually being utilized. It would call for reform of the entire system and the government (those in it) have no interest in that.

          No it is going to have to be fought again and again in court in every state of the union and every possible grounds to get the facts out there again and again.

          How can that be done? Seems like these Trump protesters can seem to get very orgainzed and effectly so…I think that not enough is being done to get all the potential beneficiaries of this working organized.

          Instead of a lawsuit from 2 sex offenders Joe Doe 1 and Joe Doe 2 let’s have it in mass using our real names! How about that? Sue the state(s) with 1000 names of real people so the public can associate this with actual people being hurt by this unjust BS and not continue the bogeyman effect that they have started.

          We do need to get real stories out there with real people who have and are being harmed by these draconian lifelong banishment and shaming. This needs to be done and done NOW while the masses are riled up and demanding changes from a government that more and more average Americans are seeing have let THEM DOWN.

          FIGHT FIGHT FIGHT

        • C

          I think it was more the advent of CNN and the 24 hour news cycle than the end of the Cold War that made it seem kids were getting snatched left amd right. A new Cold War could be on the horizon, but only actual war and on our soil could truly take us off the public radar.

  7. ReadyToFight

    @Chris F,
    I had a similar thought earlier today.
    I think we should seriously consider funding an anti Registry video.

  8. David Kennerly

    “My son is 12 – how can he be a rapist? Nightmare ordeal of boy’s ‘sleepover sex'”

    The child sex witch hunt reveals its true colors when it victimizes children themselves.

    http://www.mirror.co.uk/news/uk-news/son-12-how-can-rapist-7639672?service=responsive#ICID=sharebar_twitter

  9. Robert

    This is an interesting author. He does not address sex offenders but his work is certainly related to the same online shaming:
    “Jon Ronson is a writer and a journalist. For his latest book, So You’ve Been Publicly Shamed, Ronson spent three years traveling the world and talking to people who’d been subjected to high-profile public shamings on the Internet.”

    Ted Talk: http://mynspr.org/post/how-can-our-real-lives-be-ruined-our-digital-ones#stream/0

  10. steve

    Mike r mentioned WAR was filing their suit in January? Any word on that?

  11. steve

    Has anybody read AB1912 ??? Very interesting arguments with real facts :

    There are about 98,000 registered sex offenders on
    California’s registry. About 76,000 live in California
    communities and the other 22,000 are currently in custody. Of

    AB 1912

    Page N

    these offenders, 80% are posted on the state’s Megan’s Law web
    site with their full address or ZIP Code and other
    information, depending upon the offense they committed. About
    20% are not posted or are excluded from posting on the web
    site by law, again depending on the conviction offense.
    Posting on the web site does not take into account years in
    the community without reoffending, the offender’s risk level
    for committing a new sexual or violent crime, or successful
    completion of treatment. About one-third of registered
    offenders are considered “moderate to high risk” while the
    remaining two-thirds are “moderate to low risk” or “low risk.”
    Local police departments and sheriff’s offices are charged
    with managing the registration process. Registered sex
    offenders must re-register annually on their birthdays as well
    as every time they have a change of address. Transient sex
    offenders re-register every 30 days and sexually violent
    predators every 90 days. Registration information collected by
    law enforcement is sent to the California Department of
    Justice (DOJ) and stored in the California Sex and Arson
    Registry. If an offender’s information is posted online and
    he fails to register or re-register on time, he will be shown
    as “in violation” on the Megan’s Law web site. When proof is
    provided by local law enforcement to DOJ of a registrant’s
    death, he or she is removed from the registry. Every ten
    years since the Registry was first established has been marked
    by a dramatic increase in the number of registrants.

    As noted above, the original goal of registration was to
    assist law enforcement in tracking and monitoring sex
    offenders. Over time, registration was expanded to include
    community notification and also began to encompass a wider
    variety of crimes and behaviors. Due to these changes,
    research has focused on exploring the changes in sex 4 CASOMB
    “Tiering Background Paper” offender registration laws and this
    has resulted in a constantly growing body of research that has
    altered the perspective on sex offender registration. This
    research has made it clear that:

    The sexual recidivism rate of identified sex offenders is lower than the recidivism rate of
    individuals who have committed any other type of crime
    except for murder.

    Not all sex offenders are at equal risk to reoffend.
    Low risk offenders reoffend at low rates, high risk
    offenders at much higher rates.

    It is possible to use well-researched actuarial risk
    assessment instruments to assign offenders to groups
    according to risk level. (i.e. Low, Medium, High.)

    Risk of a new sex offense drops each year the
    offender remains offense-free in the community.
    Eventually, for many offenders, the risk becomes so low
    as to be meaningless and the identification of these
    individuals through a registry becomes unhelpful due to
    the sheer numbers on the registry. Research has
    identified differing time frames of decreased risk for
    the various categories of offenders (i.e. low, medium,
    high).

    Research on both general and sexual offenders has
    consistently indicated that focusing on higher risk
    offenders delivers the greatest return on efforts to
    reduce reoffending.

    Completing a properly designed and delivered
    specialized sex offender treatment program delivered
    within the context of effective supervision reduces
    recidivism risk even further. In California, all
    registered sex offenders on parole or probation are now
    required by state law to enter and complete such a
    program.

    This bill would add more low-risk sex (misdemeanor) offenders
    to the registry, making the monitoring of the existing
    high-risk sex offenders even more difficult than it already
    is.

    • Timmr

      Really? Another draconian bill, and it is just February.

      • steve

        Sorry I thought it was pasted in my post it’s from 2016 but I was interested how they quoted all the right facts to push a bill they wanted.

    • New Person

      Wow.

      This is opposed to a tiering system, right? and Link, please?

    • Tobin's Tools 2.0

      A bit ridiculous that CASOMB sticks to classifying people as “high,” moderate, and low risk. Again, it sounds good in theory. But when it comes down to it, such classification relies on the very flawed Static-99R. CASOMB does not like to talk about the flaws of the Static-99R.

  12. The Unforgiven

    Live in San Bernardino County (high desert) and registered with college campus police today. Told what is required by me is my drivers license, school registration statement, registration receipt and proof of car insurance. Also was told that receipt must be on me at all times. I provided the first two, questioned the rest. Three different people, including an officer, told me that they require it but could not provide me any documentation that shows that. Of course an argument arose over the receipt being carried at all times, as they hate when people question them. Anyone else have similar problems? And what should campus police have..can it vary from college to college? Thanks.

    • The Unforgiven

      *Forgot to add that they also required the annual registration, of course, which I provided. Also, I am not on parole/probation or have any additional restrictions.

  13. Not Really

    This is a copy/paste from a CCAP case. Anyone have any experience with this section?

    Penal Code section 17(b)(3) “provides that a ‘wobbler’ offense is a misdemeanor when the court grants probation to a defendant without imposition of sentence and at the time of granting probation” or at a later time on application of the defendant, the court declares the offense to be a misdemeanor.

    • New Person

      Okay, here’s how that breaks down

      When given probation and without imposition of sentence then
      (i) it is a misdemeanor when declared at sentencing
      (ii) it is a misdemeanor after probation

      The problem here lies in section (ii) of 17b(3).

      From a Laymen’s translation, this is supposed to be a condition. The condition is that your sentence was suspended and was given probation. So at sentencing or after completion of probation, the probation officer or applicant can request for a misdemeanor and the lower courts now have the authority to declare the offense to be a misdemeanor.

      Except, every lawyer and online law firm state you have to petition for 17b (3).

      Yet, the case that prompted 17b (3) came about was the People v. Banks, http://www.leagle.com/decision/195942353Cal2d370_1383/PEOPLE%20v.%20BANKS

      Here’s the conclusion:

      But that rule will not be applied to change manifest, reasonable, legislative purpose (here, the purpose expressed by section 17 of the Penal Code) that an alternatively punishable offense remains a felony until pronouncement of misdemeanor sentence or, if imposition of sentence is suspended, the purpose expressed by section 1203.4 read with section 17 that the offense remains a felony until the statutory rehabilitation procedure has been had, at which time the defendant is restored “to his former status in society insofar as the state by legislation is able to do so, with one exception, namely, that … the record in the criminal case may be used against him for limited purposes in any criminal proceeding thereafter brought against him.” (Stephens v. Toomey (1959), supra, p. 871 of 51 Cal.2d.)

      So with the basis of the Banks decision, if you were given a wobbler, sentence suspended, and completed probation successfully, then the court will declare the felony a misdemeanor. Because your conviction was considered a wobbler, the test between felony and misdemeanor is probation. Getting awarded the 1203.4 met the condition for a felony to be declared a misdemeanor.

      Again, this is from a layman’s reading and research. I don’t know where the is petitioning idea came from since 17b(3) reads as a condition, not discretionary. Petitioning means it is at the discretion of the court, which, according to Banks, states that discretion only occurs at sentencing where the judge can give a straight felony, a misdemeanor, or make the conviction a wobbler. Reading the conclusion of the Banks decision makes one wonder how did 17b3 get mangled to include petitioning where nowhere in 17b3 does it state one needs to petition, but rather we have People v Banks as the basis of 17b3, b/c Banks won his case.

      • Not Really

        Thank you for the very detailed answer. I suppose I should read Banks now, and will.

        • New Person

          Here’s the kicker…

          Presume you were given probation and your sentence imposed was suspended. Now presume that a person violated a term on probation. Then the probation term was terminated and you were sentenced to one year in county jail, then it would be a misdemeanor.

          Here’s the case for that:

          If the defendant in the scenario immediately above is subsequently violated on his
          probation, has his probation terminated, and is sentenced to one year county jail, this is a
          misdemeanor. U.S. v. Bridgeforth, 441 F.3d 864 (9th Cir. 2006).

          On the basis of that case, then probation is the test and there is no final sentencing rendered b/c the imposed punishment was suspended, or not given. Technically, it is referred to as a felony all for purposes, but b/c your punishment wasn’t given you have NO true distinction of punishment actually levied against you (misdemeanor punishment or felony punishment).

          What makes a sentencing final is the actual punishment levied at sentencing:
          1. Given Felony at sentencing.
          2. Given Misdemeanor punishment at sentencing.

          And then there is this…
          3. Wobbler… this suspends the punishment – thus you’re technically in limbo until an actual punishment is given.

          Wobbler has no final sentencing b/c probation is the test for your sentencing. If you don’t successfully complete probation, then you run through the gambit of sentencing again to determine misdemeanor or felony punishment – that is what determines final judgement here, unless your probation hasn’t been terminated.

          What if you successfully complete probation? Then what? According to 17b(3), it is upon application that the courts will declare it a misdemeanor.

          (3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

          The key word here is “application”. No where does this statute specify “petition”.

          With the specificity of the word “application”, we can correlate this with People v Banks.

          if imposition of sentence is suspended, the purpose expressed by section 1203.4 read with section 17 that the offense remains a felony until the statutory rehabilitation procedure has been had, at which time the defendant is restored “to his former status in society insofar as the state by legislation is able to do so, with one exception, namely, that … the record in the criminal case may be used against him for limited purposes in any criminal proceeding thereafter brought against him.” (Stephens v. Toomey (1959), supra, p. 871 of 51 Cal.2d.)

          In Banks, it states that “… the offense remains a felony until the statutory rehabilitation procedure has been had,… ”

          People v Banks judgement spells it to a T. That is why is it said “upon application” not “upon petition” because the successful completion of probation is the test which results in declaring the offense a misdemeanor.

          I’m just a layman. So this is just my simpleton view of the law and the specificity of the words of the law, which is a contract. Every lawyer I know or online lawyers will all say you need to petition if your condition fits 17b(3). This all seems odd b/c to apply for 17b felony reduction, your situation must comply with the following listed circumstances (conditions). I don’t know where inside 17b is discretion given AFTER sentencing, thus the querying of petitioning… but you must b/c “when in Rome, do as the Romans do.”

          Maybe a lawyer in the future can rectify this 17b(3) to actually just be a condition met to reduce the felony via successful completion of probation as eloquently and succinctly stated in People v Banks. There is a difference between “application” and “petition”.

  14. B.Wat

    I just read something that really pissed me off on NARSOL’s website, if you want to check it out, it’s NARSOL demands answers from parish officials.

  15. Police are above the Law

    Another police officer gets a slap on the wrist for sex with underage teen and gets $15,000 as part of resignation deal.

    No registration for him and I got lifetime registration for having four picture files of a sixteen year old on my computer.

    This stinks

    • Tired Of Hiding

      Sure does…because we live in a police state. Snowden showed us that. The registry shows us that. The so called “law makers” abuse their power, break the laws and go unpunished while regular Joes like you and I are branded for F^cking life!

      There is no justice in a police state. We are the scapegoats, the untouchables, the big bad boogeymen waiting in the bushes to do horrible sexy things.

      Hopefully with the government imploding on itself actual FACTS MIGHT become more important to people but really who am I trying to fool. If the majority of the people of this modern advance society we live in still believe in some supernatural creature watching over them then we are just going to continue to be F^cked.

      Insanity is defined as expecting a different outcome when doing the same thing over and over and over and over…so forget an justice for those of who are labeled sex offenders.

  16. ml

    A state senator in TX has introduced a bill that would make it illegal for a sex offender to ride in a motor vehicle with a minor that is not a family member. Tell me that is not draconian.

    • ONE DAY AT A TIME

      Can you please post where you found this info or the name of the Senator or better yet the Bill number of this proposed law. I cannot find anything on this bill anywhere. Thank you.

  17. mike r

    Here is an incredible link provided by Derek Logue from Once Fallen that totally blows the Karl Hanson statistics that are always being referred to right out of the water…

    https://www.eff.org/document/declaration-r-karl-hanson

    With all due respect to the work of Karl Hanson, I’d like to point out that the Hanson studies are of Canadian “sex offenders,” and Canada does not cast their nets nearly as wide as their American counterparts. The studies on my Recidivism chart are all American studies, which all show consistently low re-offense rates. But since Senator Lindstrom insists on quoting Karl Hanson, I’d like to present some of Dr. Hanson’s own quotes from his written testimony in California’s Doe v. Harris case

    “Contrary to the popular notion that sexual offenders remain at risk of re-offending through their lifespan, the longer offenders remain offence-free in the community, the less likely they are to re-offend sexually. Eventually, they are less likely to re-offend than a non-sexual offender is to commit an “out of the blue” sexual offence. Offenders whose are classified as low-risk by Static-99R pose no more risk of recidivism than do individuals who have never been arrested for a sex-related offense but have been arrested for some other crime. After 10-14 years in the community without committing a sex offense, medium-risk offenders pose no more risk of recidivism than individuals who have never been arrested for a sex-related offense but have been arrested for some other crime. After 17 years without a new arrest for a sex-related offense, high risk offenders pose no more risk of committing a new sex offense than do individuals who have never been arrested for a sex-related offense but have been arrested for some other crime. Based on my research, my colleagues and I recommend that rather than considering all sexual offenders as continuous, lifelong threats, society will be better served when legislation and policies consider the cost/benefit break point after which resources spent tracking and supervising low-risk sexual offenders are better re-directed toward the management of high-risk sexual offenders, crime prevention, and victim services.” [p.1-2].
    “Research has long shown that the longer an ex-offender remains free of arrests or convictions the lower the chance he will re-offend. In fact, most detected recidivism occurs within three years of a previous arrest and almost always within five year.”[p.5]

    I just had to share that here…..Powerful documentary evidence………..This guy’s reports have been the keystone arguments in many cases and is totally rebuked by his own testimony in the supreme court………

  18. Bruce Ferrell

    Halfway through February. What is the status of the registry reform bill that was to be introduced after the first of the year?

  19. Two states east

    To mike r : Thank you for picking up what Derek wrote. Sounds like you have been reading page 1 of today’s SOSEN. I’m the Hank he refers to in the article. We made 2 dozen newspapers around the USA the day after the hearing ! Any single registered citizen dating ladies ought to check out what we did here in Nebraska last Thursday. See: Page 1 of SOSEN.
    Hank, Nebraskans Unafraid, Omaha.

    PS: I got my start several years ago in CA RSOL

  20. Daniel v.

    I need some help here! I’m going to be driving and working within the next week (finally found someone that is willing to hire me). My birthday/registration was in December. Will I be required to reregister w/ the police telling them about my new job and car? Or can I just wait until next December to let the police know?

    • Timmr

      That is a good question. I know the law says you have update if you change a residence, but for a new car?

    • D

      No, you only have to tell them if you move. You can get and lose/sell all the jobs and cars you want throughout the year and only tell them at your annual.

  21. Bobby

    Hello Everyone,

    If anyone is interested I spoke to Ms Aukermthean today from Michigan’s ACLU, I asked her if there was anything new going on with either Does v Snyder, or Michigan v Temelkowski, and she said they are filing a Brief in the Supreme Court tomorrow. I am not sure what Supreme Court she was speaking about, but my guess would be SCOTUS. Does anyone have any clue on what kind of brief they could be filing now, since we are still waiting to see if SCOTUS will even take the case in the first place. I’m talking about Does v Snyder.

  22. Shaking my head

    I missed the conference call about parole, will the recording of the call be posted soon?

    • Moderator

      The call on 1/25 (Parole) is not available as a recording. Sorry for the inconvenience. Here are all recordings to date.

      http://all4consolaws.org/acsol-conference-calls

      ***Moderator***

      • Shaking my head

        Really, I’m sad to hear that. Is there any way you could post the highlights of the call? I’m currently on parole and out of the blue Sacramento casually let me know they had bumped my 5 year parole to 10. So far I can’t find any way to fix it and they seem to think it’s exceptable.

        What I can’t understand is how parole with an ankle monitor is not a form of incarceration and punishment. I did 2 and a half years of a 3 year prison term. Now I have to do 10 years on an ankle monitor? How is that legal?

  23. USA

    So, here is the million dollar question. I plead to a Felony Battery 21 years ago/wobbler/County Time/Summary Probation. Reduced to a misdemeanor pursuant to 17 (B) and eventually expunged pursuant to PC 1203.4! I’m presently not on the website.

    • Drummer

      USA, my situation is exactly the same as yours with the exception that my index offense is 22 years old. Would u happen to know what tier you’ll possibly land in if this bill passes? I’m not very good at interpreting the draft. Thanks for your help in advance.

    • D

      Where exactly was that million dollar question you mentioned? I don’t see one anywhere in your post.

      • mike t

        Maybe we’re playing ‘Jeopardy’ and we have to answer his phrase with a “million dollar question”. My response/answer after seeing 100’s of posts from the host of this game is:
        “What about me?”
        If I win, please make the check payable to ACSOL

  24. USA

    Drummer, I have no idea. I was arrested in 02/96 and plead 02/97. Voluntarily surrendered myself 05/97 released in 12/97. Summary Probation. 17 (B) 2000/expunged. My belief is that legally speaking, we haven’t been convicted of anything, but yet still required to register. ?

    • Drummer

      USA, couldn’t agree with u more on that. 17b, 1203.4 should mean something. I’m wondering if who ever the powers may be when it comes to placing us in these tiers, will they go by the initial felony or by the felony reduction to misdemeanor f/b expungement based on it being a wobbler. Thanks for responding.

      • New Person

        Once it’s reduced to a misdemeanor, then it’s classified as a misdemeanor. It cannot be seen as a felony.

        17(b) : (b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: …

        Also, here is a snippet of 1203.4:

        the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.

        https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4.&lawCode=PEN

        There are exceptions, but this law specifically states it must be noted below. If it is not stated below, then there isn’t an exception. If you look at that website, nowhere below does it state that a registrant must continue registering.

        California Constitution, Article 1, Section 1:

        SECTION 1. All people are by nature free and independent and have
        inalienable rights. Among these are enjoying and defending life and
        liberty, acquiring, possessing, and protecting property, and pursuing
        and obtaining safety, happiness, and privacy.

        Pursuing and obtaining privacy. Before conviction, you had privacy. It was already obtained. That privacy right was disabled when you were convicted. 1203.4 states it gives the pathway to your “right to pursue and obtain privacy” as noted by the California Constitution. Not only is it a constitutional right to obtain privacy, but it is a disabled constitutional right. 1203.4 dictates you will be released from all penalties and disabilities resulting from the offense you were convicted.

        BTW, you are disabled from sharing the same freedom of travel, living, and work when compared to your free neighbor. You are banished from living within a certain area, banished from working from certain areas, and with the IML, will be marked unlike like your free neighbors. If you do not have to register, then you are no longer subjected to the IML. (Presuming that John Doe #2 doesn’t have to worry about the IML any longer even though he was convicted due to an involvement with a minor, but no longer has to register.)

        Again, there is nothing “as noted below” in 1203.4 that states a registrant must continue to register as an exception. 1203.4 is a legal statute. As a layman, I don’t know how the law can skirt this “specific language”? As a layman, the registry is a disability. All one has to show is the housing restriction as proof is disability for housing (the re:Taylor decision still only applies to parolees legally, as my local PD precinct gave me a worksheet specifically denoting this).

  25. C

    I’m trying to call and make an appointment for my Price Club renewal here in LA, but all calls to my local cop shop are being re-routed to 311. I found another number with an automated message, “Due to the problem with calls being routed to 311, please call the following number: 877…” Naturally, that number routes to 311, too. What a flippen joke, this governmemt.

    Can anyone offer another number for the Van Nuys registration people?

    Otherwise I might attempt a walk-in registration. Fun, fun.

    Thanks!

  26. Steve

    So I requested an FOIA to DHS for the notices they are sending to foreign countries… after 2 weeks…no response

  27. Not really

    The (New York City) Mayor’s Committee Reports on the Study of Sex Offenses-
    This report, that has been recently issued, covers the ten-year period, 1930-1939. It
    deals with nine specific types of sex crimes which came to the attention of the police,
    district attorneys and courts throughout New York City during that period.

    http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=3248&context=jclc

    • New Person

      Is common sense empirical evidence? Isn’t that what was thought about with internment camps?

      Isn’t denial of education a form of segregation as well as establishing a second class of citizens that will never be able to reintegrate into society b/c they will never have the same opportunities and will be kept ignorant. Registrants are not allowed to pursue higher level learning as well as a higher level of pay.

      • Timmr

        One of the ways America is creating a caste system. And if you can’t get an education, your kids are going to lose out on opportunities, too, and that creates a disadvantaged class. There are protections for race, creed, national origin, sexual preference, but the once convicted is an underprotected class, and the sex convict has no protections at all.

  28. mike r

    I found this section of the penal code in sections 236.1 very interesting…

    (3) “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out. – See more at: http://codes.findlaw.com/ca/penal-code/pen-sect-236-1.html#sthash.3qRMydtK.dpuf

    • New Person

      This is one of the traits of involuntary servitude I talked about. There are four classical conditions to assess:

      1) The contract (it wasn’t a contract b/c it was part of your offense – this would be considered punishment, but it isn’t)
      2) The compensation (we have no compensation)
      3) The term of the service (in cali, it’s a lifetime term. that alone is a red flag for involuntary servitude… lifetime seems more like slavery, though)
      4) Domination (you are dominated to the point that you will be hunted down, punished, and returned to service… it can be done using legal means… though, this is still considered unlawful)

      • Timmr

        Being on a lower tier would be like indentured servitude. There is a term limit. Your labor belongs to the master until your term is up.

  29. Drummer

    A police officer was killed today in Whittier Ca, by a noted gang banger who was just released last week. Before slaying the officer with an assault rifle, he murdered his cousin hours before. Here we have situations like this were people are being killed and most communities want to focuse and waste energy and $ about having our faces and addresses on the the web for the sake of protecting little Johnny. What the heck is wrong with soceity today?!! I’m sooo sick of this. 22 years of struggling on this damn registry with no offenses what so ever there after and that’s not enough to convince these idiots that I’m not a threat or danger to ANYONE. Why are they so blind to the facts that has been proven over and over again regarding registrants reoffending. How do these politicians sleep at night!

    • C

      I had the very same thoughts. No registry for murderous gang-banging POS thugs with tattooed faces, but I, a disabled Navy vet, must register for a 30-year old offense for life.
      I read earlier that an annual event where police come to an elementary school was cancelled because it might upset the kids who are HERE ILLEGALLY!
      I cannot recall a time in my life when there was such a frequency of news stories that make me want to rip out.

      • Get-it-right!

        I fully agree. For decades, my neighborhood has suffered with gangs and their killings, shootings, other violence, their drugs dealing, etc. We’ve had approx. 30 drive by shootings in the past three years! But no public registry for them. Absurd!! If there’s anyone who should be publicly shamed, surveilled, and driven out, it’s these POSs!

    • Tired Of Hiding

      Yep…we keep our noses clean…cross every t and dot every i and yet we are treated like scum forever.

      So let’s see…what is the incentive to actually NOT break the law if you are never going to be allowed to move on as others such as the fine unregistered citizen mentioned above. Humm…make you think right.

      Sorry but there is no justice in America unless you count the event above perhaps…but that’s more like karma if you ask me.

      Oh, and how do politicians sleep through the night…quite well I am sure since most of soulless sociopaths.

  30. Quint

    Stupid question.

    Let’s say I’m done with California registration after ten years. Then, I move to a different state. Do I have to register there?

    • Redeemed1

      Not a stupid question. I am in that boat in my state (in being off the registry) and was strongly advised to stay put. I think it varies by state, but unfortunately it seems that a lot of them could care less what your current state says. Some of them even say that I would have to go in, even for a short visit (over the allotted day limit). As an example, I remember reading a while back of someone who was relieved by their state, and then moved to NC. He had gotten pulled over for speeding, and told that the had to register. Others can probably shed more light on this, but I would say that it is serious minefield. I know it sounds stupid, but what else can we expect from our unconstitutional government.

      • Tired Of Hiding

        Sorry to burst anyone’s bubble but this is a lifetime designation.

        Even if you live in a state where you can be removed from the registry, you will still have a record as a sex offender. While it might no longer be visible to the public, it most certainly is to the feds and you will have that criminal record for life.

        Any job that requires a background check will show you as a sex offender as it is part of your FBI file. You might have some rights restored after X number of years but unless you are pardoned by the state’s governor or the president of the United States, you still are a criminal and it will follow you wherever you go.

        • Joe

          My personal experience, especially since like 2008-2010 when the sex offender scare really blew up on the web, is that my presence on the website in Florida has caused me the most hardship personally and financially, even more so than the few years that I was on probation once I moved to the next town over and got away from initial weirdo probation officer. . The Sheriff’s deputies who “supervise” people on the registry think that I am a waste of their limited time because I have one “cluster” conviction from 2000 and nothing else of any type on my record. I go to their office twice a year and they do an address check twice and that is the only time that I have contact with them unless I move or get a new car (maybe). Everything else is now done on the web. I have even had a one deputy suggest that i move to New York because I would be off the registry in 2020 and would not appear on the website.

  31. steve

    Had my membership renewal this AM in the Valley. Very pleasant exchanges they actually knew about the tiered proposal as they had a meeting about it. They were pleased it was happening.

    • Rob

      Steve –
      Could you please post the phone number to call for an appointment at the Van Nuys office, I can’t find it anywhere, and I hvae to go in 2 weeks. THANK YOU!

    • C

      Great to hear.
      They finally fixed the phones so I was able to make an appointment for Thursday to enjoy my 22nd annual registration as a Price Club member. Oh boy!

      • steve

        3 of us should go together next year…make it a real b-day party.

        • C

          Sounds like a plan. I’ll swing by Party City and pick up some goodies, maybe even a piñata. Did you have a particular theme in mind?

  32. Concerned Registrant

    For Rob: The phone number for registration at Van Nuys is 818-374-9675

    • Rob

      Thank you so much! I will let you know how it goes in 2 weeks.

    • Rob

      HELP GUYS! I need to make appointment at Van Nuys and for the past 3 days, phone is busy all hours of day and night. Has anyone recently gone there without an appointment? Did things change? UGH I hate this! My stress is through the roof. Please help if you have been able to contact them ASAP. My birthday is next week!

      • steve

        Just go without. I made my appt for 5:30a and they had me in the books for 9:30..so it didn’t matter they took me. Go at 5:20a you’ll get in. They were VERY nice when I was in there last week.

      • C

        I feel your pain and, when the phones were down for several days I became a bit anxious and planned a walk-in. Thankfully it did not come to that. Last Monday I got an appointment for the following Thursday and was in and out in 15 minutes.
        Unless you can get through on the phone, follow Steve’s advice and just go there. Dress nicely, be courteous and it will go smoothly. Good luck!

        • Rob

          Thank you both Steve and C for your help! I will keep trying the number, but will show up at 5:20am on Tuesday! It’s so nice to have a place to go where people help you. I thank everyone on here for that!

  33. David Kennerly, Still Radioactive After All These Years!

    This is from Putnam County, Florida where they’ve just created a full-time “Sex Offender Compliance Specialist:”

    “The county says the specialist “will work in conjunction with the current offender compliance program as a means of providing critical intelligence for investigators by assessing risk-related changes in offender’s behavior.”

    “We refuse to allow Putnam County to become a safe haven for sexual offenders and predators,” said Gator Deloach, who was elected Sheriff in Nov. 2016. “While we can’t control in which county they choose to live, we can certainly make Putnam County as inhospitable as possible for them.” ”

    THAT quote should be in a lawsuit filed against Putnam County and “Gator” Deloach.

    Thanks to WAR @WomenAgainstReg for that Twitter link.

    http://www.actionnewsjax.com/news/local/putnam-county-hires-sex-offender-compliance-specialist/497209051

  34. Shaking my head

    Here is another good article on NPR about RSOs in North Carolina.

    http://www.npr.org/2017/02/26/517086190/north-carolina-law-makes-facebook-a-felony-for-former-sex-offenders

    • New Person

      A quote from the article you linked:


      David Post, an Internet scholar who authored a friend-of-the-court brief siding with Packingham, notes that the 30-year sex offender registry means that Packingham and other former offenders who are not in prison, not under supervised release, and not repeat offenders, are still subject to limits on their liberties.

      “They are ostensibly free and have the same constitutional rights as you or I have,” Post says. And yet, in North Carolina and many other states, laws limit basic First Amendment rights.

      Still subject to limits on their liberties. That means we’re still serving the state AS FREE PERSONS. We’re forced to serve the state as free persons. We’re forced to serve the state for FREE as free persons. In California, we’re forced to serve the state for FREE for a LIFETIME.

      If this isn’t to punish a crime, then it’s prohibited by a) involuntary servitude and b) slavery (no contract, no compensation, a lifetime term, and domineered to be returned to said service).

  35. David

    I am frequently annoyed by the thought “How is one to know?” Legislatures seem to come up with new and often retroactive laws all the time regarding RCs. If they passed a law that bans us from riding bicycles, we would only be informed of the new law when we are arrested while out for a bike ride. Isn’t there anything in the legal system that requires affected parties to receive sufficient notification of laws that might affect them?

    • jc

      David… exactly! Especially as in our case… it is illegal for us to do things that are perfectly legal for the rest of society to do!

    • Lake County

      ” Isn’t there anything in the legal system that requires affected parties to receive sufficient notification of laws that might affect them?”

      You could say that about any of the hundreds of new laws that are passed every year that could effect any group of people. It would be both difficult and expensive for the government to make all these notifications to each person individually. The government does make all laws available in print and on the internet. It’s up to each citizen to keep up with these new laws. As they say; Ignorance of the law is no defense.

      If we do know about a new law and have read it, it’s often hard for the layperson to properly interpret it correctly. What we really need are laws written in a simple to understand way, and we just need less laws.

      • Tired Of Hiding

        Actually ignorance of stupid unconstitutional discriminatory laws is a pretty DAMN GOOD excuse!

        What is needed is NOT a “Sex offender rules for dummies” rule book but rather to strike down ALL of these stupid unconstitutional discriminatory laws!

        Get rid of the registry. Let people who have done something (whatever that may be) who have done their time…move on with his or her life just as any rational human being should be allowed to do.

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