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CA: Tulare County men arrested during sex offender compliance check

Two Tulare County men were arrested after they failed to provide information during a sex offender compliance check on Friday. Full Article

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  1. who removes from list

    NOT PUNISHMENT?

    “It is often thought that when a defendant is sentenced in a criminal case, the system has done its job and life an go on. That is hardly ever the case — victims are still recovering and communities must prepare for offenders to eventually return to their street,” said District Attorney Tim Ward. “Compliance checks like these are important in holding offenders accountable to those they have victimized.”

    • PK

      Since when are random compliance checks OK? Good grief- that must be a California thing.

      • Harry

        If, the RC is not on some type of court/parol supervision there is no law in CA authorizing it. This DA is most likely up for reelection and needed some showboating and RCs are easy news eye catcher. For these guys being arrested do mean they broke the law.

      • TS

        @PK

        Nope, compliance checks are a countrywide thing

        • PK

          @T you seem to very well-versed in every state’s regulatory scheme, but all I know is where I live it’s never happened.

        • Stay outraged

          Compliance “checks” are not an auxiliary function of Megan’s Law or the AWA (SORNA). They do not reserve the right to verify anything.

          Do NOT sign anything they stick under your nose when they knock on your door. That is for THEIR protection to absolve them from future liability. It’s only to cover their asses. Why should we help THEIR cause?

      • CR

        It’s not just a California thing. I’m in Texas. I’ve been subjected to compliance checks a few times in the past three decades (thankfully ONLY a few times). One of them was while I was at work, when I was still on probation. I was asked by the security guards to come out to meet someone at the employee entrance. It turned out to be my probation officer. That was so nice. I’ll never forget it. The mother fuckette certainly knew that I worked where I said I did, so the visit amounted to nothing more than harassment.

        In the years since, I’ve twice been pestered AT MY HOME, many years AFTER completing my sentence. On both occasions, I’d seen the cops skulking around for a day or so in their soccer-mom nondescript undercover super-sleuth grey minivan, so I knew it was coming. I met them openly on the street both times while working on my car in the driveway, in full view of my neighbors (and their kids, to whom they probably made up stories about what was going on), verified all the information on the form they had clipped on their clipboard, and signed it. I was as sweet and compliant as a slave could be. No problems, nothing harmed or damaged except for my pride and my sense of self-esteem. The fuckers.

    • wonderin

      Stated as though these men were on parole and waiting to be released into the community, unsupervised.

    • Oh?

      Well, if it is holding me accountable to my so-called victim, I’ll be sure to phone him the next time the Compliance Cops show up at the door, so he can speak directly to them and tell them to “Fuck off” in his own words! 👍

  2. Robert Curtis

    These guys should seek damages from the county for false arrest and imprisonment. Even if they don’t get a settlement the actions states if something is wrongfully done it will be challenged.

  3. AJ

    There’s gotta be more to this story. Perhaps the men were living at places that were not registered? Does CA require registration updates outside the yearly? Could they live somewhere for 11 months and then update? The article says they were arrested for failure to provide *true* registration information, so it sounds as though they either lied or didn’t properly update.

    • AlexO

      By California law, we’re required to report our residence change within 5 working days. And a “residence change” is anything where you spend more than 5 consecutive nights out of your home. So if your going for a 10-day vacation, you technically need to register out with your current city. And then, if you’re going to spend more than 5 consecutive nights in another jurisdiction, even if its still in California, you need to register with them.

      Of course non of this is really laid out this way to you with the papers they have you sign. All you really see is that you have to report within 5 days of your address change. Pretty much everyone would assume this means an actual address change and not something that would effect your vacation/work traveling. As a result, most people are not compliant at one point or another but don’t get caught because how do you really police such a thing?

      • David Kennerly, "Wait, do you smell gas?"

        The last time I performed my annual registration “duty” I asked the clerk, as a hypothetical, if I would need to contact them before traveling. She asked me how long I would be gone. I replied “a month.” She said there was no need to do so but that I would want to check the laws of where I would be traveling. This was San Francisco. I’ve always gotten the impression that each office’s, perhaps even each clerk’s, ideas of registration requirements is all over the place.

        • AlexO

          Yup. Even LE don’t know the exact rules. It’s frustrating that there’s no clear information, LE isn’t held liable for not knowing the information, yet the full force of the legal hammer comes down on us if we don’t follow everything to a T.

          Seems like just about the entire 2003 argument and justification is no longer valid: The dissemination of the information is far different now, with you being outed on Google without the person even intending to look for this info; travel is most certainly a burden considering how not only each state has different laws, but also county and even individual cities. So now you technically have to research just about every mile of your trip; and the public information is absolutely used against us when looking for a job and housing, regardless of what the law may state to this regard. And of course the whole bases of “frightening and high”.

        • Tim Moore

          That I have experienced in San Diego County. Different clerk diffferent answer. Just like with probation officers. So are we still on probation, having to go by the word of the officer assigned? That’s another thing, I had the same clerk for several years. When I pointed out that another clerk I called gave me a differing opinion on travel notifications, she acted like it was her word and it was up to her to report me or not if I didn’t follow the rules. Her rules? Creepy. How is this not like the sentence?

  4. Eric Knight

    Question to reporter or other researcher: What is the SPECIFIC ORDINANCE or LAW that the registrant is accused of breaking? Show me exactly in the California Penal Code or any local ordinance that mandates the information that a registrant must provide on a COMPLIANCE check. For your information, in California this is no “Sex Offender Registration Act” authority in place; just the laws on the books at the state and local levels (if they are there at all).

    Obviously, there are laws that dictate the updating of vehicle usage and whatnot, but any registrant NOT on parole or probation has NO requirmement to even SPEAK to a compliance officer, let alone let him in the residence. Please do a followup on this story and provide pertinent arrest information, including the specific laws broke.

    If such ordinance or law is not provided, then there may be some serious illegal arrest violation litigation the city will have to endure.

  5. Friendly Advice

    In California (San Bernardino County) the compliance checks are very consistent and in a lot of towns. Ontario usually doesn’t do them unless you’re higher up on the watch list. Rancho Cucamonga and Fontana will do them a few times per year. If you’re not on parole or probation there is no law that says you need to even answer your door. But, rest assured, if you don’t answer they will come back again. I bought the Ring doorbell and love teasing them when they come knocking. I’m not on parole or probation so I don’t have to acknowledge them. I make sure that I tell them that I have no obligation to speak with them and eventually they get frustrated and leave (they know they’re being recorded). It’s up to every registrant individually how they want to handle compliance checks – but be sure you know what you are required and not required to do. 😎

    • Gralphr

      Truthfully, I lived in Moreno Valley and was listed as a Tier III and in the entire five years I lived in California (Moreno Valley), They never came by my home once. I was only told to do my annual registration once a year within my birth date. I’m curious why they never came by though. I am married with children and worked a pretty good Job in IT out in Hawthorne, plus I had already been out problem free for 5+ years at that time. I’m currently in Indiana and its complete hell. Whats even worse is the officer who does the home check thinks its crazy they keep me on the registry and even the registry office people think I should have something coming if I petition to get off the registry (Indiana lets you petition if you’ve been off probation/parole for 10 years) but I’m still forced to be on it. My problem is information how to even write a petition is nowhere to be found. I was never ordered to attend a sex offenders treatment class, and that’s something I’ve been worried will be used against me. The officer who comes by said to just explain my conduct since I’v been out of prison (obtained degree, married, have children, been out over 10 years trouble free and have always had a job). I’m trying to talk my wife into moving back to California, it practically felt as if I was not on the registry. Here in Indiana, I’m treated as if I’m Jeffery Dahmer himself………

      • SCOTUS SAVE US NOW

        To file a motion is pretty simple, in almost every state you need to write who you are, who you are filing against so in this case Galpher v The State of Indiana. What you a looking for on the next line: “release from requirement to register” and then state why: “In Indiana you may be released from registration after 10 years. In the last 10 years I have had 0 contact with LEO besides compliance checks. At each check I have been found to be fully compliant. I have done the following things as proof of my rehabilitation.”

        If you can get the officer to sign a sworn statement that says they believe you to not be of any further danger to the community that might help I am not sure how indiana works. Staple it all together and make 3 copies. Keep 1, mail one to the local DA’s office with a tracking number. When mailing have your wife send it and then have her sign a sheet a paper stating she mailed it out and this is the tracking number. You can find copies of proof of service all over the internet to copy. Staple that to the back of your motion. Then go to the local court house, find the Criminal Clerk window (yes this is just regulation, not criminal even though its completely handled by the criminal justice system… sarcasm) and then hand it to the Clerk and ask for a court date to be heard and pay the fee required.

        In almost every state the Clerk is required to accept all motions and a Judge can not throw out your motion for technical reasons (its not the right font, size, etc) if you are pro se…. They will give you some latitude.

        Good Luck! if you need anything else let me know

        • Gralphr

          Thanks for the quick answer! Its been nothing but hell trying to figure this stuff out. I even spoke to a lawyer who said he could help me but it would cost 5k for him, and an additional 5k to 6k since he would want a psychological evaluation to present to the court. Who has up to 11k to do this stuff? I’m married with children (5 kids!), I don’t have money to throw around like that, especially since I’m in Indiana where its hard to land a good job. I’ve made it thru interviews, and have been picked over many others multiple times only to lose to the background check. My conviction is never displayed on the background checks (It says no felony convictions) but the registry shows up and thats why they rescind the job offer. When my wife talked me into leaving California, I had a Data center position lined up in Georgia, but it took three weeks for the background check only for them to deny me since the registry shows up (once again, no conviction on it as always…..). It feels horrible to hear people say you’re the best thing since slice bread concerning a position, only to lose out due to the registry, and they say the registry isn’t punishment!? While obviously I want off, I need off for my children as well. What good is a father who has trouble with work, and doing things such as going to my sons football games, or my daughters plays at school? How do you explain to a 7 year old why the police comes to the house to do compliance checks? Its the main reason why I loved back in California, they NEVER came to my home and my kids were happy there.

          • SCOTUS SAVE US NOW

            you can explain that Daddy made a mistake and even though you’re take American is the Land of 2nd chances this isn’t always true…

            If you need anything else let me know, but ya,just go file and tell them what you want… My suggestion,and this is a HUGE thing for someone to do, move to a state where convictions are barred from being used against you when applying for jobs. NYC has banned employers from asking until after a firm job offer and then they need to prove the conviction is directly related to the to rescind the offer (embezzlement and accountant, child porn and school teacher, things like that)

  6. Jack

    I’ve had two compliance checks. I’m off probation now and I will never answer the door to law enforcement. Thanks to Janice’s brilliant legal advice.

  7. Not Really

    The article is void for vagueness. Maybe it would work to do a FOIA request for the specific section of 290 they violated.

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