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General Comments December 2017

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

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  1. Lake County

    Just as a follow up to my posts in last months General Comments about attempts to do a compliance check on me:

    The cops originally came to my house everyday for a week honking their horn to try and get me to go outside for a compliance check. However I had not heard anything from them for the last week and thought they might of gone away for good. But no, at 3pm today they were back outside the front of my house aggressively honking at me again. I didn’t respond to them, so they left after a few minuets. I was busy on the phone at the time so I wasn’t able to record them, but I will try to next time. Let’s see how long this lasts. I’m likely going to send that letter to the Sheriff requesting that they not disturb or harass me any further.

    • Cool RC CA

      Go ahead and set up a video recording it is legal.

    • SCOTUS SAVE US NOW

      Im sure money is tight, but buy a ring doorbell and set it to record all motion. Then you will have a recording and a pattern of harassment that serves no purpose. I smell lawsuit.

      • AJ

        …or just make it horn-activated. 🙂

        • David Kennerly, Haven't Gun, Can't Travel

          The great thing about the Ring is that it is also motion-activated by a zone which you can define (using the camera image to draw the triggering area) AND it records audio of everything, including honking. I’ve now caught a guy trying to open my gate (he couldn’t) and one trying to figure out how to get the Amazon package inside my gate (he couldn’t). Since the Ring includes a two-way audio feature, I just start talking to them while they think no one is watching. They take off pretty quick. Now, if the question is if this practice of recording audio surreptitiously is legal or not (and this will vary from state-to-state) then I would say that this common and emerging practice of recording using such new tools as the Ring Doorbell will tend to diminish the enforcement of any such laws and likely lead to revising them, especially since law enforcement actually benefits (most of the time) from their deployment. Police are now requesting footage from people’s video (along with any audio) surveillance to solve robberies, for instance. Given how popular these cameras have become, I’m not terribly worried about being charged with illegal audio recording. After all, audio is a feature of these systems and they record audio out-of-the-box. There’s at least ten of these Ring Doorbells on my block, now.

          • AJ

            You should be fine recording audio and video because you’re either recording what is occurring on and/or to your private property (and thus have permission from the property owner), or you’re recording what’s occurring in the public domain (the street). Anything that happens out in public is allowed to be recorded….much to the chagrin of LEOs who get a bit aggressive and end up as stars of mobile phone videos.

            As an aside, once you put your garbage at the curb, it’s no longer considered private property. A LEO, or even a nosy neighbor, could rifle through it with impunity.

            • David Kennerly, Haven't Gun, Can't Travel

              The problem is with audio recordings, not images. Audio recording of people talking is often restricted in states even though the video is not. Audio accompanying video seems not to be a big deal, so far but not because it is always strictly legal. Instead, I think that it’s because technology is making the laws an anachronism. When cameras surreptitiously record audio of two people talking who are not aware of being recorded then it may become an issue. My camera/microphone, also records people standing in front of my neighbor’s gate on the sidewalk. If they’re having a conversation, and if I were to post that on, say, YouTube, then that could be real problem. I’m sure that we will see this becoming an issue in the future.

              • AJ

                There is no reasonable expectation of privacy when one is in a public forum. But, with CA being a two-party consent State, it would be better to avoid recording private citizens. Public officials (i.e. LEOs) performing their duties are open game, as long as they are on duty and you don’t interfere with their performing said duties. Public officials have zero expectation of privacy in executing their duties. So you should safely be able to record everything, all day long, and delete anything that’s not identifiable LEOs.

                • David Kennerly, Bio-Hazardous

                  Yeah, except that’s not practical in the example I provide. My point is that people are being audio-recorded by, in this case, video surveillance tech, all of the time, regardless of the state they are in. The only way to implement your suggestion would be to turn it off completely. Meanwhile, these systems are flying off the shelves in all fifty states and they are being used without a thought towards who has to consent to being audio-recorded and under what circumstances. Even if they are aware they just have to look at the ubiquity of these systems now and know that every one of them represents an infraction of a now increasingly irrelevant law.

    • AJ

      New month, meaning maybe new money available to waste on silly antics. I’m sure the LEOs will insist on needing to verify your information. However, if they feel a need to verify info, that would point to their having reasonable suspicion there’s nothing wrong. Or, perhaps they are equating it to a safety checkpoint (read: drunk driver check) where they stop all vehicles, and likewise (attempt to) make contact with all RCs. One big difference is driving is not a right, while living freely is. Also, driving entails my being in a public forum (roads…and sidewalks at times 😉 ), versus on private property.

      The letter to the LEOs certainly cannot hurt. They may not change their behavior, but it at least starts a record of putting them on notice. Each time thereafter that they do it, off goes another letter, until it’s possibly finally displayed as systematic and harassment.

      This all makes me wonder, do they do the same for other regulatory registration schemes? Gun owners would certainly be of concern to LE, I would think. “Hi, is Doctor Jones in? We need to confirm he’s actually practicing medicine at the office he claims on his forms.”

  2. AlexO

    @Concerned, Mike R, and AJ,

    I found this legal blog regarding parental rights as an RC. It doesn’t seem to shed any more light than the 3030 statue itself. I still don’t know if this more has to do with a custody battle or being a parent in general.

    https://www.californiafamilylawanddivorce.com/child-custody-california-courts-consideration-in-making-custody-awards-part-6-crimes-of-parents-parent-is-a-registered-sex-offender-or-person-convicted-of-child-abuse-or-rapist/

    • Concerned

      I seen this. Is the only article i found on the issue. But seems to be only for custody battles. I guess unless it is part of your sentencing then there are no laws preventing you from living with your children/step children. Right?

      • AlexO

        It seems like there are no restrictions on living with your biological children if both parents are in a relationship. However, if it becomes a matter of a custody dispute, then the court will use your conviction against you (though this is true for many crimes, not just sex offenses).

        The problem that you might run into is your girlfriends first children. Their father could use you against her in a custody battle. You said your offense was a misdemeanor and not against a minor, so you might be okay in this case. Still, the fact that you have a record could still potentially cause issues.

        • Concerned

          Not too worry about him. He has a conviction himself, a donestic abuse one and he has a restraining order. He makes no effort to see his children and has begged not to be placed on child support.

          But obviosuly my conviction even a misdemeanor just cuz i hqve to register becomes an issue and it sucks.

  3. Bill

    What state are you in?

  4. James

    A question, if people don’t mind….though first I must note I do have two thoughts…I hate to ask a question I should be able to answer myself, but, contra this, the only stupid question is the one you don’t ask…

    With these premises in mind:

    Florida of course has a terrible though well deserved reputation, yet, how long can a visiting RSO, not on probation or parole, safely spend in the state before having to skedaddle…with haste…;>}}?

    The quote from the Florida Statute:

    “Residence” means either (1) a place where
    one spends 5 or more consecutive days, (2) a
    place where one spends 5 or more aggregate
    days in a calendar year, or (3) a county in
    which one is present for 5 or more aggregate
    days in a calendar year.

    Registrants must appear to register with law
    enforcement w/in 48 hours of establishing a
    residence, and must appear to
    provide any updates within 48 hours.”

    I have always thought and insisted to others that I don’t dare visit Florida with its 48 hr mandate…but maybe it is really 5 days, (which would be sufficient for my purposes), or, if I were feeling frisky, I might suggest 5, to establish residency, plus two days thereafter to actually register…so if I am gone in less than seven, (7), I might be golden…

    This would not be binding on anyone of course, but I would be curious what the experts here think on this Florida question.

    Thanks in advance

    Best Wishes, James

    • Lake County

      James, unless you need to go to a family member’s funeral or visit one who is terminally ill, I would never put yourself at risk of going to Floridah. That state hates us so much, that it is not worth the risk. If there is any misunderstanding on interpretation of their laws, you will be the one to suffer while you fight to get back out of that state. If you are determined to go there, hire a Floridah attorney to advise you (and willing represent you if needed) before stepping into that state. I wouldn’t even go into that state to claim lottery winnings.

      • James

        Thanks Lake, and I think Stephen:

        This is good advice. I have no real need to be in Florida, (I’m in CA)…but people lean on you, not understanding.

        “You used to visit,” they say, “you love the Miami night life! You are missed.”

        What is particularly aggravating is that they know, (without really understanding), my situation and the restrictions on my life.

        But let me be honest here also. After the passage of the IML, I have largely just gone back to work…successfully, thank God (I know I am lucky), with a will, and I refer to 2016 and now 2017 as, “The Lost Years.”

        I have been some places and done some things, but, but…many of the restrictions I fear are really self imposed….because I am afraid. This also is not healthy and I am trying make some new rules for 2018….and flights to Florida are inexpensive from most major hubs…so why not? I have places to stay for free….friends awaiting…

        But I think you both have correctly cautioned me….

        I do have to, sort of, go back East for Christmas…but it is a 7 day state and I intend to be gone before the end of the seven days.

        I think that’s the best I can do.

        ….and wisely follow other people’s sage advice and avoid Florida….;>}}}

        Thanks, I feel better about this already.

        Best Wishes, James

        • Lake County

          Since you’re in CA, you’re in one of the most beautiful and diverse places in the world. I’ve been to Floridah and it can be a good vacation spot, but not so good it’s worth a risk to anyone’s freedom or getting registered there for life. Imagine getting into a car wreck while there and ending up in the hospital which would cause you to be over your time limit. We must always consider reasons that could cause our delay in leaving a state. And no state has a list of emergency exceptions to registering. I’ve lived in CA and visited all over CA for more than 50 years. There is so much beauty to see in this state that I don’t believe anyone could see all this state has to offer. A great vacation can be just driving along highway 1 and staying overnight in the many wonderful little towns. Then spend extra time in Monterey (Cannery Row), Santa Cruz and Mendocino. With all that CA has to offer, not going to Floridah should be no big loss. For out of State travel I recommend Hawaii (Oahu), Portland, OR and Seattle, WA. If you rented an RV for travel to OR or WA, you’d leave a smaller paper trail and would probably not have to be so concerned about staying too long.

        • AJ

          @James:
          My reading of that statute indicates you need to register within the first 48 hours if you are going to be present at the same location (“reside”) 5 or more days. One thing to note is that it says “5 days,” not “120 hours,” meaning partial days (even one minute) count as a full day. Also, Lake County brings up a very good point–it’s all well and good, until something goes wrong that keeps you in-state too long, and your 48-hour window has expired.

          The statute reads kind of funny, and makes me wonder if there are some ways to weasel* around it. What if I were to change my place (i.e. keep changing where I “reside”) every 4 days? As long as I also change counties, it would seem I never have to register. If I were to reside for 4 days in Dade County, then 4 days in Orange County, then 4 days in Kissimmee County, haven’t I dodged all three listed examples as long as I don’t reenter those counties for the rest of the calendar year? I will never be at any one place for 5 consecutive or aggregate days in a calendar year, nor will I be in any single county for 5 days.

          It would also seem one could use year-end to one’s advantage: Stay at Place A for 4 days until 12/30 or 12/31, move to Place B on 12/31 or 1/1, then return to Place A on 1/1 or 1/2 for another 4 days, and then avoid the state for the rest of the calendar year. The trick to this would be the relocating time, as even a minute (second?) too long would trigger registration. Maybe 3 days is a better idea… 😉

          *It’s not really weaseling anything. Courts have long taken the stance to read legislation as written. In this case, the detailed wording could actually work against FL in a case–assuming an honorable judiciary. Of course, if one has to go to court, one would almost certainly have to be present in FL for 5 or more days, just to fight the charges….

          • Tim Moore

            Why would anyone want to go through this trouble to stay in Florida?

          • Tired of this

            You reminded me of something I have long thought about: what if I wanted to become a perpetual traveler — a vagabond? Let’s say I lived in a RV and was never in any one jurisdiction long enough to require registration. The only problem I could see would be how to deregister initially when leaving, since there’d be no planned destination to report. Could such a thing be possible? We are free citizens, right?

            • AlexO

              I don’t know if that would work. You need a license to drive the RV. Your license is tied to a particular state and address. If you’re homeless, you have to register as transient with continues 30 day re-registration required (in California at least).

    • SCOTUS SAVE US NOW

      I once had a “Group” Member who was required to visit Florida for work. He called the State and asked, the informed him as long as he only spent 3 nights in the same place he would not be required to report. He was there for 7 days and 6 nights and after the first 3 he switched hotels.

  5. UnitedStatesofOppression

    Hello everyone, I will be coming up on my halfway point for probation in April. (Possession of CP) I am thinking of asking to get off supervision early. I was wondering if any members have had luck with this situation and what hoops you had to jump through. Should I get a lawyer? I have had no violations, passed four maintenance polygraphs, finished treatment a year ago and am on call in basis to an automated system for my PO. Don’t know if this is the right spot to ask but thank you in advance. I can’t wait to get off probation so I can start to fight the real fight against this abomination our government holds over us.

    • Need To Know

      Assuming a federal charges, you typically need to complete at least 2/3 of your probation time period. Sounds like you would be a good candidate to get off early, but would strongly recommend getting a lawyer to help with process.

      • UnitedStatesofOppression

        I was lucky, only State charges no mandatory minimum, and I will be on 3 1/2 years of probation out of 7. I was sentenced to just jail time, that was unusual in itself. 6 months staggered. Served first 60 days straight, then I had to go into jail the first weekend of every month for three years. The last 48 days straight are scheduled for July of 2018. I have never seen another convicts sentence commuted that way. I guess that is what I deserved, since I am an “offender”. Thank you for the responses.

        • AlexO

          I did my time in consecutive weekends with 300 hours of community service. When I couldn’t complete my community service due to someone there recognizing me from my case within the first hour of me starting it, I had to go back to court to convert that time into more jail time which I also did in consecutive weekends. These two batches were done a year apart.

          Another guy in our group did time in a similar manner you did. He did 45 days straight and then finished off the other half of his sentence in consecutive weekends.

          It seems like they only offer these types of sentencing to people who, their crime not withstanding, have productive lives and roots in the community. I was able to keep my job and home because of this. It sucked hard basically having zero time off for several months (job Mon-Fri, and then jail Friday evening to Sunday evening), but in the end it was very much worth the struggle given the alternative.

          If you wanted to get it over with faster, maybe you can go back to court and ask to do your weekends more frequently? Once a month is easier in that regard, but having to do it over 2 years is a headache.

          Another thing to keep in mind, is that while you’re doing your time like this, you’re likely on higher supervision during this period because you’re technically in jail. So any infraction that you may get will likely be treated harsher than if you’ve completed your jail time and were otherwise on regular probation supervision.

          One of the guys in our group had a no internet restriction unless he was supervised (school and work). He misunderstood that he could use internet in general as long as he was supervised instead of strictly school and work. His PO saw him doing this (he didn’t do anything illegal, just a normal Facebook stuff) and had to violate him. She said that normally this would’ve just been a verbal warning but because he was in the period of time where he was wearing electronic monitoring, it was basically him screwing up while in jail. So she had to actually file a report.

          So be extra careful until you’ve completed all your jail time, as something small may end up bigger than it might be otherwise.

    • Mike S

      USO,

      I live in PA and saw a couple people get off of Probation early as SORNA was being enacted. I also know someone, from group, who got off 1 year early. You can do it without an attorney but you will need buy in from your PO. I understand that you are no longer in contact your POP since you are on Phone-in, but you might want to reach out to him or her. Also would help to get the buy in from your Group facilitator. When my group mate was moving to make this request, it was a week by week discussion in the Group and once everyone was on board, the facilitator, with help from the group, wrote the letter to the Judge.

  6. Stephen

    Florida has plate readers on the side of it’s highways. I Drive 850 miles each way to visit a friend in a Nursing home. I wait till 12:01am to cross in to Florida and leave before the day is over. I use rest stops for Motels.

    • SCOTUS SAVE US NOW

      Wouldn’t it be easier to rent a car for the day then go through the hassle of leaving at an exact time? Also you have 3 nights before you’d have to register.

      • AJ

        My thoughts, too. Sleeping in rest areas may do more to raise your visibility than anything else, especially if the same LEO starts noticing you. Though a rental car could be traced back to you, FL would have no reason to suspect needing to do so. It would also help throw off the above-mentioned rest-area visibility.

      • stephen

        Rental cars can be traced back. Also I only sleep for a couple of hours, never at a Florida rest stop.
        and never more than 3 times a year. Lots of Coffee and loud Music keeps me awake. I set the cruise control and get in the old people Lane. I’ve also seen back roads in the middle of no where in Florida that have speed cameras.

        • AJ

          Yes, they can be traced back, but I would be willing to bet your RC-plate will set off more bells and whistles than a plate that comes up as a fleet vehicle with Avis. To discover who’s driving the latter, FL would have to have access to the rental agency’s data in a near real-time basis. I can see our oppressive Uncle (Sam) doing that, but a State? Seems doubtful.

    • TS

      Sleeping in Wal-Mart parking lots is more common of course than rest areas, but they both do the same thing, allow you to rest.

    • Lake County

      License plate readers are all over every Bridge, City, County and State in America. They are also becoming very popular on Police cars. Some are set up for real time info and some are used for historical data. Some store data for 30 days, 1 year or forever. Either way every city wants them and most cities have at least a few. Reality is that soon everyone’s license plate will keep accurate tabs on your location at all times. So you will either have to travel without using license plates or be extra careful you do not break any registration laws. Also some hotel chains willingly provide the police a record of everyone spending the night. It’s best not to try and get around the laws, especially for us.

      • Tim Moore

        Then I can’t wait for driverless cars.
        They have so many ways to track people, but not enough smarts to know what to do with the information, so they will probably come up with algorithms that identify dangerous people by what, who knows what. I can’t worry about it anymore. I can’t live that way. All I can say is don’t waste too much time on it. Go out and enjoy stuff and don’t be reckless. Carry Janice’s or Chance’s cards in case something happens.

  7. Last Call...CALL ME BY MY NAME?

    Thanks for creating (site owner and our volunteer Moderator!!!

  8. Rich

    I just applied for a MBA…good idea? Any suggestions?

    Thanks

    • NPS

      Always a good idea. I earned my MA degree while I was on probation. After graduation, I filed my early-termination, 17b and 1203.4. Showing that I was taking steps to improve myself was a big factor in the judge’s decision to rule in my favor.

  9. matthew

    Everyone keep your head up. Keep a positive mindset and let us help each other out especially during the holiday season. It can be a tough time for a lot of people. Let’s encourage and not fight during these conversations. I wish this page had the ability to talk live for chats. That way nobody feels alone.

  10. AJ

    Here’s an interesting quote from the Center for SO Management (CSOM): “When sex offenders do commit another crime, it is more often not sexual or violent” (www.csom.org/pubs/needtoknow_fs.pdf). CSOM bills itself as, “a national clearinghouse and technical assistance center that supports state and local jurisdictions in the effective management of sex offenders.” They may be a decent resource for information on “effect” of the laws.

  11. Please say "Sex Offense Registry"

    PLEASE registrants, friends, and loved ones: Please only use the term “Sex Offense Registry”, not Sex OffendER Registry”.
    Do not accept the label “Sex Offender”!!
    The criminal incident occurred in the past and you have already paid for that crime. Finished. Done!
    We must STOP accepting the label that lawmakers, the media, and the general public are forcing upon us with every new law, newspaper article and media commentary.
    The Registry relates to offenses. Period.
    Do not accept it as your identity!
    We MUST begin to rebrand the S. O. Registry and, by doing so, both weaken it hysteria-inducing name and make people start thinking about what purpose it serves (little to none!), it’s ineffectiveness, and the terrible damage it does to individuals and families.
    So please, say “offense”, not “offender”.

    • kind of living

      @Please say ,,,,, ,, good point

    • Mike G

      @Please say
      Excellent point! Thanks for pointing that out.
      Now if we could just get the politicians and the media from using “sex offender”, “sexual predator”, and “pedophile” interchangeably.

  12. Chris F (@Mike R)

    @Mike R

    Per your request, here is what I posted in response to this article on here:

    http://all4consolaws.org/2017/12/smith-international-megans-law-working-to-protect-children/

    Mike R, Chris Smith has just given you what you need to respond to your AG’s request for dismissal of your constitutional challenges that included references to IML and very similar to what I said in the November general area.

    The California AG wants to claim it is not responsible and can’t be accountable for how IML affects you so you need to sue the feds and not California. Well, look at exactly what Chris Smith, author of IML, wrote:

    “The identifier is only for those who have been found guilty of a sex crime involving a child, and who have also been deemed dangerous enough by their state to be listed on a public sex offender registry. When their state decides to remove their name from the state registry, the passport identifier will no longer be required.”

    BINGO. It’s the state’s lack of Substantive Due Process that puts you on a list meant for those that are deemed currently dangerous enough to be listed on the public registry.

    Here is what I wrote for comparison: ” California is the Gatekeeper of the California registry and they participate in sending that list to the Federal Government for the sole purpose of whatever actions or restrictions the Federal Government deems needed against someone so dangerous that they need to be on “the list”. If California didn’t violate your Substantive Due Process and Equal Protection rights by including you on that list, you would not be subjected to the Federal restrictions and restrictions by the other states and even cities.”

  13. mike r

    Perfect Chris. You are a god*send, Your next buddy. Soon as I win we are going to get you the helll off this crap too, that’s if you want too.>>>?????I don’t think I know anyone that wouldn’t so ya, I will always be there to help with anything you need my brother in arms………….You too AJ and New person, and after that who knows right?????

    • Chris F (@Mike R)

      Thanks Mike R, but don’t worry too much about me. I’ll be off the registry in April of next year. I really have invested tons of my time into this fight over the years just because it is the right thing to do for my own kids futures, and for all the new victims out there that wouldn’t be victims if families didn’t have to hide the abuse of a family member or someone they know to help them avoid this horrible registry.

      Of course, getting the registry abolished would help me if I ever want to move from Texas, because other states can put me right back on.

      Looking forward to any help I can be to you or anyone else on here ready to stand up to this corrupt system of government that ignores the Constitution they vowed to follow.

  14. Counting the days

    Anyone in Santa Clara county area. Would appreciate talking to anyone. Met my wife on New Years , and coming up on 3 yrs since her passing. Tough time of year for me, with no family stateside to talk to and no friends to hang with. Always considered myself tough. Guess you can’t train for this kind of pain.
    I actually look forward to probation mtgs, but that’s over on the 9th, and after that really on my own. Too nervous to meet new people, to shamed to contact old ones, and no ambition to go out much any more. Life is looking less and less worth the effort.

  15. MS

    Counting the Days: I’m in Santa Clara County. Are you anywhere near South San Jose area? 2012 (arrested for CP) & 2013 were the worst years of my life but things have slowly gotten better. I never thought a pornography addiction would result in me getting arrested & I never thought life could get so hard. I’m willing to meet in person if you’re up for it.

    • Counting the days

      We can set a place and time to meet. Do a coffeeshop at a time that works for you. I appreciate the reach out.

      • MS

        Moderator was kind enough to provide me with your email address so I sent you an email. Just need to nail down a time and place. Holidays can be rough so lets try to meet up this month if possible.

  16. David Kennerly, Cognitive Threat Level: HIGH

    “Alabama Forced To Release Thousands Of Sex Offenders After Inmates Deny Charges.” The clue is in the URL. Sorry if it seems a bit cruel. That’s black humor, for ya. ______ https://www.theonion.com/alabama-forced-to-release-thousands-of-sex-offenders-af-1821015675

  17. Robert Curtis

    I just got an American Legion newspaper in the mail. Well there are some judicial answers for Veterans to receive help from Veteran courts (SB-339) and help via the passage of AB-360 for legal aid. Other benefits for veterans that are incarcerated (SB-776)…The Department of Corrections under SB-776 issues counseling personnel. SB- 725 offers pretrial Diversion for curtain misdemeanors. I am by no means an attorney so Janice and/or Chance should be consulted case by case on these matters. I am a believer in using all the resources and chances you can for a more favorable outcome. For those military veterans among us these options may help. There is hope for everyone… Change is the only constant…our time is coming and freedom will find it’s way to us all.

    • Roadster

      I checked in with the Veterans court when it was first set up in Cali and was told they could help the veteran with just about any charge with exclusion of anything sexual in nature.

  18. mike r

    Man someone needs to research this guy Roger Przybylski that the SMART office uses as a go to for sex offender recidivism research. https://higherlogicdownload.s3.amazonaws.com/NCJA/c3320104-776e-4e0e-b687-4ffa1fd54e8c/UploadedImages/National%20Forum/Roger%20Przybylski.pdf. He is one of those private researchers that have a fiduciary and monetary interest in propelling the belief that there is under reporting of sex offender recidivism rates, he has no evidence other then what he reports inmates tell them during their interrogation practices while the prisoners are under duress and threat of continued incarceration for not admitting to some make believe offenses they may have committed that they were not caught for. He repeatable states that their research is inconclusive and needs much more research (imagine that, another self interested individual claiming there are conflicting results in order to get more funding for “Him and His” company’s or partner’s researching firms). These academics with their self interest are always claiming that you can never claim a study is absolute and factual in the academic world, you can only suggest that the results are conclusive. Recidivism rates are noncontroversial, they are what they are as reported by the department of corrections and the Bureau of Justice Statistics in all the studies I have submitted. Those are absolute facts. They are absolutely correct that in the academic world of private practitioners that use a vast array of methodologies can never be conclusive, they all have their own self interest, or other stakeholders, at stake so of course their conclusions are going to support further research for their professions and firms. CDCR reports that track offenders on paper and not by some questionable methodologies are FACTS, not some conclusory self interested postulation.

    The following are indisputable facts from solid data collected by The Bureau of Justice Statistics (BJS) not some independent studies by a hired private entity:
    https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986
    Recidivism Of Prisoners Released In 30 States In 2005: Patterns From 2005 To 2010 – Update
    Matthew R. Durose, Alexia D. Cooper, Ph.D., Howard N. Snyder, Ph.D., Bureau of Justice Statistics

    April 22, 2014 NCJ 244205

    Examines the 5-year post-release offending patterns of persons released from state prisons in 2005 by offender characteristics, prior criminal history, and commitment offense. It provides estimates on the number and types of crimes former inmates commit both prior to their imprisonment and after release. The report includes different measures of recidivism, including a new arrest, court adjudication, conviction, and incarceration for either a new sentence or a technical violation. It also documents the extent to which the released prisoners committed crimes in states other than the one that released them. Data are from the Bureau of Justice Statistics’ Recidivism Study of State Prisoners Released in 2005, which tracked a sample of former inmates from 30 states for five years following release in 2005. The findings are based on prisoner records obtained from the state departments of corrections through the National Corrections Reporting Program (NCRP) and criminal history records obtained through requests to the FBI’s Interstate Identification Index (III) and state repositories via the International Justice and Public Safety Network (Nlets). Supplemental Tables (Most serious commitment offense and types of post-release arrest charges of prisoners released in 30 states in 2005) (PDF) (CSV) has been added.

    Among state prisoners released in 30 states in 2005—
    Highlights:

    Among state prisoners released in 30 states in 2005—

    About two-thirds (67.8%) of released prisoners were arrested for a new crime within 3 years, and three-quarters (76.6%) were arrested within 5 years.
    Within 5 years of release, 82.1% of property offenders were arrested for a new crime, compared to 76.9% of drug offenders, 73.6% of public order offenders, and 71.3% of violent offenders.
    More than a third (36.8%) of all prisoners who were arrested within 5 years of release were arrested within the first 6 months after release, with more than half (56.7%) arrested by the end of the first year.
    Two in five (42.3%) released prisoners were either not arrested or arrested once in the 5 years after their release.
    A sixth (16.1%) of released prisoners were responsible for almost half (48.4%) of the nearly 1.2 million arrests that occurred in the 5-year follow-up period.
    An estimated 10.9% of released prisoners were arrested in a state other than the one that released them during the 5-year follow-up period.
    Within 5 years of release, 84.1% of inmates who were age 24 or younger at release were arrested, compared to 78.6% of inmates ages 25 to 39 and 69.2% of those age 40 or older.

    The following methodologies are data based and not suppositions or conclusory.
    Data Collection: Recidivism Of State Prisoners
    Status: Active
    Frequency: 1983, 1994, 2005
    Latest data available: 2005
    BJS uses criminal history records to study the number and types of crimes committed by state prisoners both prior to and following their release. The first study tracked a sample of state prisoners released in 11 states in 1983, and the second study followed a sample of state prisoners released in 15 states in 1994. Both studies had a 3-year follow-up period. The latest study tracked a sample of prisoners released in 30 states in 2005 for 5 years after release. These studies documented the arrest, conviction, and incarceration experiences of the former inmates within and outside of the state that released them.

  19. mike r

    I don’t know, I guess he is some kind of government employee but his conflicting interest in his private research firm seems a little questionable to me…Sure seems like a ethics question….How can you have a private research firm that is benefiting and profiting off of your analysis in the state department. Isn’t that illegal in some way? Maybe a violation of the incompatibility statement.

  20. mike r

    That Chris Smith is a gem right there.
    I am so tired of hearing the words pedophile and sexual predator. They can’t be calling me a “pedophile” for sure and I doubt they can get away with call me a sexual predator either. Those connotations have distinct definitions and are not fungible. I am also really tired of this misrepresentation and assertions that there is some kind of under reporting that somehow exist every time they can’t come up with any solid facts. We can’t stand for either one of those cases.

  21. TS

    Forcing kid to masturbate for cops in sexting case was wrong, court finds

    4th Circuit: We can’t “perceive any circumstance that would justify” such a search.

    https://arstechnica.com/tech-policy/2017/12/forcing-kid-to-masturbate-for-cops-in-sexting-case-was-wrong-court-finds/

    • Sam

      Wow…. Just wow.. How would they even get warrant in the first place for that?

      Did no one see anything wrong with a request like:
      “hey I need a warrant to investigate child porn by making child porn, I’m further requesting mandatory injections because he won’t get hard for me”

      Like really? Kinda like the cops that pose as prostitutes or drug dealers. break a law to catch a lawbreaker. Doesn’t that just cancel itself out?

    • AlexO

      Wow! This is sounds insane. So no only were they after a teen for really non-criminal activity, but they went far and above to humiliate and mentally torture him. I’m fine with the teen now suing the deceased officer’s estate, but where’s the POS judge(s) that signed this warrant… twice! What an incredible example of insane government overreach.

    • NPS

      Interesting that the officer was himself facing charges related to pedophilia before he he took his own life. Once again, those who doth protest too much (ahem…Chris Smith…) themselves have some major skeletons in their closets.

      • Counting the days

        Without knowing particulars of officer’s case and subsequent suicide, I can only assume that he knew first hand what lay in store for him via the registry. I have read many accounts of law enforcement taking their lives when faced with this. Without judging them, I see them as individuals. I wonder how many of them are hiding secrets that destroy them when exposed. The scary thing is that they have a system that often protects them in order to deflect attention from a broke institution. We as private citizens don’t have that. We are used as examples to hide others dark sides.

        • Sam

          I had a neighbor do this when I was in high school, he happened to be a cop who raised and trained police dogs. When charges came up for statutory he took one to the temple and his wife got his life insurance and bought an Escalade.

  22. TS

    Circuit breaker thieves shine light on sheriff’s use of facial recognition

    Even after seeming success story, Riverside County Sheriff’s Department stays mum.

    https://arstechnica.com/tech-policy/2017/12/circuit-breaker-thieves-shine-light-on-sheriffs-use-of-facial-recognition/

    And we already know there are test markets in airports for this technology…

  23. ML

    On the news today the policeman that shot the black man as he was running away was given 20 years in prison and the sports doctor that abused some gymnasts was sentenced to 60 years for CP.

  24. James

    Anybody familiar with Adam Walsh Act waivers in the context of I-140 Petitions? Based on my understanding scouring the internet, it seems near impossible to get a foreign born spouse a green card. For starters, federal courts refuse to even hear these types of cases either because there is no “removal orders” (foreign fiancés/spouse living outside the U.S.) or the Adam Walsh Act virtually strips away judicial review of any BIA orders affirming the immigration adjudicator’s denial of the RC petitioner’s I-140. It’s ironic that the very person who championed this stupid law is he himself a statutory rapist. Any good immigration lawyers who have a lot of experience with AWA waivers is also appreciated.

  25. Bill

    Hello, anyone every tried getting gun right back in Michigan ?

  26. Gralphr

    Hello, all

    In Indiana, I’m allowed to petition to get off the registry after having been on it for 10 years incident free. I’ve started working on a petition and was wondering if I could find someone who has made a petition in the past so they can critique what I have written. I would send my petition to them via email if possible. The petition basically tells of my history under the registry and the problems my family has faced while I’ve been on it.

    • Chris F

      You really need to consult an attorney specializing in that.

      It’s not worth risking failure when they probably limit when you can try again.

      Here in Texas, you would want to have a good report on you from a licensed Sex Offender Treatment Provider with someone the court recognizes as having a good reputation. You also need approval from the board that oversees the registry. Even with everything in your favor, only 1/3 get approved because judge’s have no reason to risk it.

      • Gralphr

        The Officer that comes by the house told me hes had three people he used to have to do compliance checks on come off the registry by doing nothing more than telling the judge in their own words why they felt they should come off and they explained how they have behaved since being out. Personally, I’m a father of five children, I dont have a ton of money to throw around for something I may not get. I called a lawyer, which he said it would cost $5k for him, and he suggested a psychological examination that would cost an additional $5k. I dont have $10k to throw around like that. Since incarceration I’ve obtained an associates, and bachelors, and have worked jobs the whole time while living with my five children who are minors. I have definitely had my ups and downs (living in California brought me great jobs, while trying to live back east has been nothing but trouble when it comes to employment.). Currently, I work for a California based company online doing IT support from home, making less than %50 of what I’d make back in California. Either way, we plan to go back west next summer once the kids are out of school, and I found out about being able to petition so I decided to give it a try. I’ve kept the majority of job offer rescind letters I’ve received since 2012 to show the judge the registry itself has been my problem when it comes to good employment to help support my family. (Background checks never show my conviction, only the fact I’m on the registry).

        • AJ

          Gralphr:
          What you posted sounds perfectly fine to me for what to tell a judge. I would even address your not being able to afford the professional testing, despite desire to do so. I think if you give a heartfelt, truthful (successes and failures) assessment of yourself, you may be pleasantly surprised by how a judge reacts. They hear people lying and making excuses day in and day out, so they sometimes “reward” honesty, and upstanding people. Speak/write from the heart, not simply from legalese, is my advice.

    • ML

      I am going through the process in TX now. I started in June of 16. It has been very expensive but I now have a very good attorney. Chris is right the process is flawed. The prosecutors opposes not based on any fact but they dredge up what they call the underlying elements of the crime which amounts to speculation. They are not under oath so they say anything. It is a very uphill challenge because the prosecutor is an elected official and so is the judge. I believe that 1/3 is a generous percentage. In a very red state like TX, the odds are against you. Get a good attorney, one who has had success. Pay the money.

      • Gralphr

        The Officer that comes by the house told me hes had three people he used to have to do compliance checks on come off the registry by doing nothing more than telling the judge in their own words why they felt they should come off and they explained how they have behaved since being out. Personally, I’m a father of five children, I dont have a ton of money to throw around for something I may not get. I called a lawyer, which he said it would cost $5k for him, and he suggested a psychological examination that would cost an additional $5k. I dont have $10k to throw around like that. Since incarceration I’ve obtained an associates, and bachelors, and have worked jobs the whole time while living with my five children who are minors. I have definitely had my ups and downs (living in California brought me great jobs, while trying to live back east has been nothing but trouble when it comes to employment.). Currently, I work for a California based company online doing IT support from home, making less than %50 of what I’d make back in California. Either way, we plan to go back west next summer once the kids are out of school, and I found out about being able to petition so I decided to give it a try.

        I’ve kept the majority of job offer rescind letters I’ve received since 2012 to show the judge the registry itself has been my problem when it comes to good employment to help support my family. (Background checks never show my conviction, only the fact I’m on the registry). Besides that, I can also show him while in California for 5+ years, they had me register once a year, and didn’t even do compliance checks on me, yet I always registered on time and kept out of trouble.Its been over 10 years now since incarceration, which isn’t a lot of years to some people, but overall, I’ve done a lot of good for myself. Other than bringing up my hardships and what I’ve accomplished, the only other thing I can ask the judge is not to continue to punish a 40+ year old family man over a conviction when I was a young 22 year old. The office thinks I have a chance, and the people at the registry office think I should have something positive coming if I go in there whit what I mentioned, lets hope they’re right.

        The main thing I think is wrong is the fact a prosecutor gets to challenge your request in court. Other than bring up the conviction, he has zero to throw against me, other than to say the usual “this guy is dangerous” or some other nonsense without any real evidence and it can stick. The whole notion I could lose due to him saying I’m dangerous since I’m on the registry, yet I’ve done nothing but good since incarceration is really mind boggling. Lets see, I’m too dangerous to be off the registry, but not dangerous enough not to personally raise my five kids? These laws really need to change………

        • RM

          Gralphr, have you taken a look at what the law there says about this? Here is a good place to start:

          http://ccresourcecenter.org/state-restoration-profiles/50-state-comparison-relief-from-sex-offender-registration-obligations/

          Look up the statutes to make sure you meet the requirements and then get attorney advice.

          This is too important of an issue not to get an attorneys advice, most will consult with you for free at least once. It’s also important to find a competent attorney and one who will talk with you on a consistent basis; you can also get advice from more than one attorney.

          Good luck.

          • Relief

            According to that site- In Oklahoma: “Out of state offenders: Registration not required for expunged out-of-state conviction. 57 Okl. Stat. § 582(E) (SORA shall not apply to anyone “who has received a criminal history records expungement for a conviction in another state for a crime or attempted crime which, if committed or attempted in this state, would be a crime”).”

            • AJ

              Same thing happened in MS (of all places!) a couple years back. It was a MS SC decision, filed by a guy who had his out-of-state conviction expunged. It was not unanimous, but IDK the numbers. I can probably find the case if anyone is interested.

              • Relief

                @AJ- Interesting. It’s not clear from the wording in this Oklahoma statute if it applies to out-of-state expungement on an out of state conviction (eg 1203.4) or if the expungement needs to be issued by an Oklahoma court on the out-of-state conviction.

                Many in CA have a 1203.4, so any info / insight here would be beneficial. Thanks.

          • Gralphr

            Hello,

            Yes, I checked with a Lawyer and after reviewing my conviction, he said I was qualified for the petition. He then proceeded to tell me I needed to hand over $10k for his help, and for a mental evaluation by a professional. Being a father of five, I don’t have the money for that. Considering the Officer who comes by for the compliance checks told me hes had three people get off for going in and telling how they’ve been post incarceration, and the hardships they’ve had because of it, I will try that route. At the very least, I will be able to see why I’m denied and I can always try again in a year or two.

  27. AlexO

    Does anyone know if the California CoR will be grandfathered to allow RC’s to use it to get off the registry after the tier bill takes effect? I’m thinking something similar to how if you were convicted of CP prior to 2014, you can still have it reduced and expunged despite the fact that CP convictions were moved to the NO list for those convicted in 2014 on.

    I know that technically the CoR remains unchanged and it’s the language of 290.5 that’s being amended to no longer interact with the CoR. But I think you understand what I mean with my question. Thanks!

  28. B.Wat

    Just want to comment on our Disneyland trip. No problems what so ever. My wife booked the RV resort in Anaheim, about a mile away from the park, she also booked a three day pass for both of us on line. They did take everyone’s picture, but it wasn’t a problem. We had a great time, looking forward to going back next year!

    • AlexO

      @B.Wat, Great to hear! Did they ask for your full name or just the first? And are you on the public registry or hidden?

      I’m glad you guys were able to have a great, trouble free, trip!

    • E

      @B.Wat Thanks for sharing this!! I have little kids and was hoping maybe it wasn’t too late.

    • Double A

      Awesome. I’m glad you had a good time! I purchased my ticket with cash at the park and had no problems getting into the park. I’m glad to know buying online is also an option.

  29. Mot

    Just checking on any changes to the new law for 290 before the Jan 1 , 2020 date? Anything new for a 288(a) attempt? Has anyone ever tried to get an offense overturned due to the fact it was the result of a police sting? I see that the cops got in trouble in the masturbating request and how is that so different from a sting with a cop losing as an under age girl / boy?

    • AlexO

      Since the bill was signed into law a few months ago, nothing has changed from that version. At least nothing that’s been posted here (and Janice and team are quick to post such things).

    • Lake County

      Mot
      ” Has anyone ever tried to get an offense overturned due to the fact it was the result of a police sting?”
      Well several cases that took place as result of the “To Catch A Predator” TV series were thrown out or found not guilty by Judges with high standards. But getting any offense overturned after being found guilty is very difficult no matter the charge. If you made a plea deal and plead guilty, it’s almost impossible to get that overturned.

  30. mike r

    Allowed to petition the court for removals or for your constitutional liberties. Man that really irks me when o hear anyone concede they have to have permission to file a petition in “OUR” COURTS.

    • New Person

      I don’t comprehend this “petition” idea.

      I’ve been reading a lot of these immunity items and they look like checklists. There isn’t a need for a lobbying petition, but rather a form that says you met all these requirements. That’s how I see 17B motions. That’s how I see 1203.4 (Actually, 1203.4 is like that. No petition. You fill it out and it’s granted, provided you fulfill all of the requirements.)

      To me, petitioning makes me feel as though I was still under custody and needed a panel to tell me if I’ve been a good enough person thus far. That doesn’t make any sense b/c I already did my time and no longer under custody. Why is there another panel to “extend” any other restriction or penalty or disability? Remember, the registry is supposed to be regulatory, not custodial. Met the requirements and you’re off the registry. None of this second or third judgement based upon a prior conviction (if a conviction exists).

      That second or third judgement is a double jeopardy scenario based upon a prior conviction (if a conviction exists).

      Again from a layman’s interpretation of law, why there a second judgement for any thing pertaining my prior conviction (if a conviction exists)? I’m not supposed to be judged again.

      @ Mike R, the registry isn’t like jury duty or military service such that you can supposedly petition off of the registry for good. That petition act is an act that you are being judged on a specific conviction pertaining to your “involuntary service” to the state to register. The “involuntary service” angle isn’t comparing to jury duty, military service, or tax reporting as all those services were born to all citizens. The comparison is to that one of conviction – hence, “unless to punish a crime”.

      The registry and probation/parole share the same traits, except the whole concept of petitioning off the registry. Then it is like you’re in jail still and you’re petitioning to be out of jail. Either way, you’re under custody of the state, meaning you’re subject to serving the state. You’re not paid to report to your probation or parole officer. You have restrictions you must abide by when you’re under custody (jail, prison, probation, or parole). Thus, the registry is stating you are still under custody of the state, you are forced to continue to serve the state through the registry. ML’s states “it is your duty to register”. But that duty only pertains to people convicted of a sex crime and not all California citizens. Huge distinction.

      The petition to be off the registry is another aspect that proves the registry is only born out of conviction. Thus, you cannot apply any involuntary servitude born out of a crime unless it is punishment. The registry isn’t punishment and, therefore, it is an unconstitutional practice – kinda like the “separate, but equal” idea, an unconstitutional practice.

      • Tim Moore

        You know corporations get out of regulation sometimes by showing great harm to their operations when they can also show little if any public benefit of a particular regulation. I am a little confused about this punishment/regulation argument. Corrections facilities operate both to punish and to regulate behavior (although how well is debatable, they incubate criminal behavior in my opinion). There has to be a legitimate reason for the government to cause harm (threaten life or limb), weather it is called regulation or punishment. The fifth amendment covers government action related to punishment of a crime, but there are other sections that deal with arbitrary regulation. Why has it been so hard to make that case for harm?

  31. mike r

    Wait Mot, how is it the same in anyway? I want to hear your logic.

  32. B.Wat

    @AlexO, yes they wanted my full name and I am on the list, 30 years of the old ball and chain coming up in 2018!!

  33. David Kennerly, There's no government like NO government!

    My favorite judge. This would be a huge loss were he to lose his job. I guess there is no chance of him being appointed to SCOTUS, now.

    “Prominent appeals court Judge Alex Kozinski accused of sexual misconduct”

    https://www.washingtonpost.com/world/national-security/prominent-appeals-court-judge-alex-kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.ce04d36ff53e

  34. Sam

    My sister who’s in SoCal sent a poster/email that’s been going around about a Hispanic male going around randomly grabbing and assaulting/sexually assaulting random people. The description matches another one that her neighbor got via email. Not sure if this is a serial case or what but it seems to be at random when people are walking alone.

    • NPS

      Same thing happening up here in NorCal. Some guy in the Palo Alto area, Hispanic, has been grabbing women at random, too. However, he hasn’t been caught. I also haven’t heard about any more assaults, either; I wonder if he’s ventured down to SoCal and pulling the same stunt.

      • Sam

        My sister is in the Placentia area. She said she thinks it’s because the transient population Doubled or possibly tripled the past few months and they’re getting desperate.

        • Lake County

          I don’t see the connection between being transient (or homeless) and desperate to being more likely to sexually assault someone.

          • Sam

            They weren’t all sexual assaults. Only one of them was. Most were attempted strong arm robbery and regular assaults. But the posters going around have been trying to make them all out to be as sexual. But they all are describing the same Hispanic man in the details. It reminds me of the episode of South Park when butter’s mom tries to kill him.

            Anyway the victims were not just female. They were every age sex and color

          • Tim Moore

            There are differing fight or flight responses to desperate situations. Some develop a larger than life image of themselves and believe they can take down the system with bravado in a fell swoop. Others turn to substances to take away the pain or retreat into an ever shrinking social universe. Very few lash out and harm others, probably like this guy, more likely just harm themselves. No one said If this guy was made homeless or if he is a registrant, but I wonder how much destruction of human well being stems from registering and isolating people like diseases.

  35. mike r

    You are making some fine points New Person. I never thought about that angle. People that fall for this permission to petition the court are being subjected to a second hearing without a trial for the same crime. You are absolutely correct. There are so many things wrong with the “permission” to file a petition but your thinking outside the box just hit on another MAJOR issue. It is so obvious I didn’t even see it until you mentioned it. WOW. Brilliant….I think I will wait to amend my complaint to include a double jeopardy issue until after this first hearing just so t doesn’t cloud up my other arguments and until I find out if I need to even mention the tiered system yet….That’s great thinking though…….

  36. E

    Blue Bloods season 8 episode 9 (2 weeks ago). Interesting take on a “reformed sex offender.” I just loved hearing Tom Selleck say, “If the guy’s done his time, you gotta leave him alone!” But in the end, they could have gone MUCH further to portray our lives correctly.

  37. mike r

    Help!!!!Hey, I cannot find a timeline to file my opposition to the motion to dismiss. I am in CA so if anyone can help please do. If I am past the time line please see how or if I may proceed with the motion anyways.
    Thanks man. I have this last week of finals at school the I can concentrate solely on my case.

    They filed their motion to dismiss on Nov. 27…….This is where a attorney would be helpful..Hint Hint………..Hmmm where could I find one of those that would help with technicalities like this without providing legal advise…..

    • ONE DAY AT A TIME

      Why don’t you just call the Court Clerk’s Office, they answer questions like that all day. I assume you have 30 days to respond, but that’s a guess.

    • Double A

      I agree with One Day At A Time. I’m not certain, but I would think you would have 31 days to respond. I added one extra day because of Christmas.

    • AJ (@mike r)

      @mike r:
      According to this document (http://www.publiccounsel.org/tools/materials/files/GUIDE-How-to-Oppose-a-Motion-PLUS-Form.pdf), you have until 21 days before the hearing date.

      As to the brief itself, I think it’s going to require some self-analysis on your part. Your burdens are somewhere between Smith and Snyder, and it’s somewhere on that continuum where a judge will decide things tip towards punitive. So, I recommend you pore over Snyder, Muniz, Millard, and any other RC cases that were decided in our favor, and see what, if any, elements apply to you. For example, in Snyder, they raised the residency restrictions which amounted to banishment. If you don’t have residency restrictions, this weakens your aligning with Snyder. In Snyder, they had 90-day reporting requirements. If you don’t have that quick of a time frame, it again weakens your use of Snyder. However, if you compare yourself to Smith, you should be able to show increased burdens.

      In general, I think the way to counter the AG’s document is to try to find *any* of the three situations they shoot down as non-punitive, and make a solid argument that it is punitive. If you can show punitive in any one of the instances, it’s logical it’s punitive in all three. In other words, they must show non-punitive in every situation to counter them all; you need only show punitive in any one situation possibly to prevail in them all.

      • TS

        @mike r

        Read all the filings (4 of them) from Millard out of Colorado. Each one is tailored and has detailed what each person faced while on the registry. Use that to show you what you can do with respect to your dealings and experiences.

        I believe AJ downloaded them all??

  38. T

    Think it’s a good idea to make an article about the various clichés that are being used against registered citizens, and learning how to refute them?

  39. mike r

    Thanks One Day…See even the simplest of questions and answers matter. I didn’t even think about that……Hopefully they will answer all my questions like that……

  40. mike r

    Here’s my opener…Feel free to jump in.

    TO DEFENDANT:
    I the Plaintiff, Michael Richardson, do oppose the motion to dismiss filed by defendant Xavier Beccera. Plaintiff’s complaint alleges more than enough evidence to maintain a claim against the defendant and to establish that this court has subject matter jurisdiction over all claims stated in plaintiff’s original complaint and that plaintiff has provided more than enough evidence to state a claim in every instance for which relief should be granted. All claims arise out of Defendant’s actions in his official capacity. The Attorney General of California is the State Attorney General of California. The officer’s duty is to ensure that “the laws of the state are uniformly and adequately enforced” (California Constitution, Article V, Section 13.) The Attorney General carries out the responsibilities of the office through the California Department of Justice. It is the California Department Justice (DOJ) who maintains and enforces the State Megan’s Law website. The California DOJ also enforces all the California sex offender registration laws and has complete jurisdiction/authority over the associated data base. Therefore the court does have subject matter jurisdiction in all Plaintiffs’ state claims.

    Furthermore, California DOJ is the Gatekeeper of the California registry and they participate in sending that list to the Federal Government and to other states for the sole purpose of whatever actions or restrictions the Federal, State and local government deems needed. If California didn’t violate Plaintiff’s Substantive Due Process and Equal Protection rights by including Plaintiff on that list, Plaintiff would not be subjected to the Federal restrictions, restrictions by the other states, and even cities and local municipalities. Those actions taken by other Federal, State and local Government is a direct response from Plaintiff’s inclusion on the California Megan’s Law website and of the associated data base. Therefore there is a direct connection between the actions by the Defendant and all claims in the original compliant. For those reasons the Court does have subject matter jurisdiction over all Plaintiff’s Federal, State and local Government claims in the original complaint.

    • Chris F (@Mike R)

      Looks great Mike R!!!

      I look forward to AJ and others offering opinions.

      You may need to mention the link again to your web page so they can read the AG reply you are refuting.

      I can’t find it at the moment.

    • Chris F (@Mike R)

      How long til you will file this? I may need to re-read it again.

      You may want to throw in some stuff about his references to Smith V Doe and the need to refute them based on the mis information used in it and Con DPS V Doe and McKune V Liles as well as point out you have reasons in your brief the registry is in no way the same as back then and neither are the national and international implications of being on the registry.

      • steve

        Can’t mike reference the 6ths opinion? I believe they say something like the registry is not the same when Smith vs doe was decided.

        • steve

          Not sure if this is helpful but

          Judge Alice M. Batchelder wrote for the court, joined by Judges Gilbert S. Merritt and Bernice B. Donald. Her opinion for the court begins.

          “Like many states, Michigan has amended its Sex Offender Registration Act (SORA) on a number of occasions in recent years for the professed purpose of making Michigan communities safer and aiding law enforcement in the task of bringing recidivists to justice. Thus, what began in 1994 as a non-public registry maintained solely for law enforcement use . . . has grown into a byzantine code governing in minute detail the lives of the state’s sex offenders . “

  41. Double A

    I’m currently looking for work as a paralegal. I earned a bachelors in 2007 and I now have an associates and certificate in Paralegal Studies. I was convicted of a sex crime in 2012. Thanks to AB 109 I did one year in prison and one year of probation. I have to register annually, but I’m not on the website.

    How did everyone address the gap of employment when asked about it? Has anyone ever been hired after disclosing their conviction?

    Thanks in advance.

  42. CR

    I told employers that I took early retirement from my previous job and then decided that I wanted to go back to work. In reality, I was forced to resign from my job because I was on the registry, but since I was old enough to retire, the company designated me as such. That probably won’t work for you.

    I eventually got another job, but it took 20 months. I was turned down for countless jobs that I was qualified for, only one of which mentioned that it was because I was on the registry, but I suspect that was the actual reason in most cases.

    Here’s a suggestion… Seek work from a law firm that defends people accused of sex crimes, and just be honest with them.

    I don’t know if that would work, but it wouldn’t hurt to try.

  43. mike r

    Yeah Chris I look forward to see what AJ or others may come up with. I really am not sure how long I have to respond. I will call the court clerk tomorrow and ask them and I am assuming I have a least a couple of weeks or more but I cannot find in concrete answers in the court rules or anywhere online. Here’s is my link again http://mllkeys20112011.wixsite.com/mysite for some reason I posted it already again along with another call to everyone on here for help but it wasn’t posted for whatever reasons. There is also a example motion that I will be going off here is a link https://www.slideshare.net/RichardGoren/62413-opposition-to-boa-motion-to-dismiss-dagostino just in case you want to reference while making suggestions..It helps extremely to have a template and formatted example in which to follow.OK thanks again and keep it coming. Anyone else jump in at anytime…..

  44. mike r

    Well I found that CA courts you have 15 days to respond but couldn’t find out about federal court for the eastern district of CA. I did however find the following motion which I can use as a template just in case…..
    UNITED STATES DISTRICT COURT
    MIDDLE DISTRICT OF FLORIDA
    JACKSONVILLE DIVISION
    RANDALL WYSE, JOHN LAMB
    MARK ROBERTS, AND
    LATORRENCE NORRIS,
    Plaintiffs, CaseNo. 3:13-cv-121-J-34MCR
    v.
    CITY OF JACKSONVILLE,
    Defendant/Cross-Defendant,
    and
    JACKSONVILLE POLICE AND FIRE
    BOARD OF TRUSTEES
    Cross-Plaintiff/
    Defendant (as Rule 19 Party).
    _____________________________________/
    JACKSONVILLE POLICE AND FIRE BOARD OF TRUSTEES’
    MOTION FOR EXTENSION OF TIME TO RESPOND TO
    THE CITY OF JACKSONVILLE’S MOTION TO DISMISS
    Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 3.01(b),
    Defendant/Cross-Plaintiff, JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD
    OF TRUSTEES (“the Board”), respectfully requests an extension of time to file a response to the
    City of Jacksonville’s Motion to Dismiss Amended Complaint and Cross-Claims. In support
    therefor, the Board states:
    1. The City filed its Motion to Dismiss Amended Complaint and Cross-Claims on
    May 20, 2015, causing the Board’s response to be due on June 3, 2015.
    2. Counsel for the Board are currently in trial and appellate litigation in seven
    different venues, with deadlines at various intervals over the next several months.
    Case 3:13-cv-00121-MMH-MCR Document 109 Filed 05/27/15 Page 1 of 4 PageID 1917
    2
    3. The City’s motion raises various issues that will require significant research, to
    include estoppel theories, consideration of matters outside the four corners of the complaint and
    the precedential value of state decisions on federal courts.
    4. The Board respectfully requests this Court enter an order extending the deadline
    for responding to the City’s Motion to Dismiss Amended Complaint and Cross-Claims 16 days.
    The Board requests the Court set the deadline for filing a response to June 19, 2015.
    MEMORANDUM OF LAW
    The Eleventh Circuit has held that a district court can exercise its managerial power to
    maintain control over its docket. See In re Air Crash Disaster at Florida Everglades on Dec.
    29, 549 F.2d 1006, 1012 (5th Cir.1977). This power is necessary for the court to administer
    effective justice and prevent congestion. Young v. City of Palm Bay, Fla., 358 F.3d 859, 864
    (11th Cir. 2004).
    LOCAL RULE 3.01(g) CERTIFICATION
    Pursuant to Rule 3.01(g) of the Local Rules of the Middle District of Florida, the
    undersigned has conferred with counsel for the City and Plaintiffs regarding this motion and
    represents that they do not object to the relief herein requested.
    Case 3:13-cv-00121-MMH-MCR Document 109 Filed 05/27/15 Page 2 of 4 PageID 1918
    3
    WHEREFORE, the Board respectfully requests the Court enter an Order extending the
    deadline for responding to the City’s Motion to Dismiss Amended Complaint and Cross-Claims
    16 days to make the new deadline for filing a response June 19, 2015.

    Even though it is in a different district and for a different reason all the federal statutes and codes are the same. Another boiler plate motion ready to go…….Love the internet man. Makes conventional litigation archaic and primitive……..According to this motion it appears that you have two weeks to respond. I really hope I can get the extension if I have to because it has been past two weeks.

    • AJ

      @mike r:
      Based on the link I posted for you on Sunday, you’re going to have to find out what the local rules are for the Eastern District in CA. What CA courts do doesn’t matter a bit, since you’re in the Federal court system. Likewise, the 21 days before rule from the doc I posted may not apply, as it’s specifically called Local Rules for the Central District of California. If you haven’t, you should definitely call the court and ask.

      Re the Millard filings: I don’t have everything, but do have a few documents. I can try to see if more are available on PACER, if you want them.

      Re exception for your being pro se: highly doubtful. I recall reading somewhere that the court rules do not give a pro se litigant any sort of break. You’re expected to know the ins and outs just as much as someone accepted to the bar. Does that mean every judge makes every pro se toe the line? Of course not. Here’s hoping you get one who is “helpful.”

  45. mike r

    I hope they make an exception since I am pro se if it is past deadline…..

  46. mike r

    Wow today is 14 days from the time they filed….Yep, according to this motion I have 14 days so I have to file it today. Damn man I am cramming for my math final tomorrow at 12:00. HELP. If Chris or AJ or Anyone can get this more prepare for me that would be fantastic. I am about ready just to say screw it and bail on my math class and take the f or whatever. This is more important then my math class right now. I can always retake it and I do not get a retake on my case………

  47. mike r

    This is the only part I need help with. MEMORANDUM OF LAW
    The Eleventh Circuit has held that a district court can exercise its managerial power to
    maintain control over its docket. See In re Air Crash Disaster at Florida Everglades on Dec.
    29, 549 F.2d 1006, 1012 (5th Cir.1977). This power is necessary for the court to administer
    effective justice and prevent congestion. Young v. City of Palm Bay, Fla., 358 F.3d 859, 864
    (11th Cir. 2004).
    LOCAL RULE 3.01(g) CERTIFICATION
    Pursuant to Rule 3.01(g) of the Local Rules of the Middle District of Florida, the
    undersigned has conferred with counsel for the City and Plaintiffs regarding this motion and
    represents that they do not object to the relief herein requested.

    I need to find case law for the ninth or local rules as they outlined in this motion. I will keep searching but if anyone can find what I need post it.

    • AJ (@mike r)

      @mike r:

      A simple Google search of “local rules eastern district of california” yielded this result: http://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/

      Get the PDFs under “Current Local Rules” and you should be set. From what I read, you have until 14 days prior to the hearing date. See PDF-page 120 (doc-page 92), paragraph (c):

      (c) Opposition and Non-Opposition. Opposition, if any, to the granting of the
      motion shall be in writing and shall be filed and served not less than fourteen (14) days
      preceding the noticed (or continued) hearing date. A responding party who has no
      opposition to the granting of the motion shall serve and file a statement to that effect,
      specifically designating the motion in question. No party will be entitled to be heard in
      opposition to a motion at oral arguments if opposition to the motion has not been timely
      filed by that party.

      It also appears you have until 7 days before hearing to ask for a continuance. See paragraph (f) on the same page of the PDF. Note that will NOT save you if you missed the filing deadline a week earlier!

  48. mike r

    OK, never mind guys I got this. Took me hours but here it is.

    MICHAEL RICHARDSON
    Pro Se

    UNITED STATES DISTRICT COURT
    EASTERN DISTRICT OF CALIFORNIA
    MICHAEL RICHARDSON,
    Plaintiff,
    vs.
    JEFFERSON SESSIONS
    In His Official Capacities;
    XAVIER BECERRA
    In His Official Capacities,
    Defendant. 2:17-cv-1838 JAM AC PS

    PLAINTIFF MICHAEL RICHARDSON’S MOTION FOR EXTENTION TO RESPOND TO DEFENDANT’S XAVIER BECERRA’S MOTION TO DISMISS
    Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 144 (Fed. R. Civ. P. 6), Plaintiff, MICHAEL RICHARDSON, respectfully requests an extension of time to file a response to the California Attorney General Xavier Becerra’s motion to Dismiss Plaintiff’s Complaint and/or Claims Six through Nine of said Complaint. In support therefor, the Defendant states:
    1. The California Attorney General filed its Motion to Dismiss Complaint and/or Claims Six through Nine of such Complaint on November 27, 2017, causing the Plaintiff’s response to be due on December 11, 2017.
    2. Plaintiff is currently in college and is in the final stage in which Plaintiff must prepare and concentrate on completing Plaintiff’s final exams. Plaintiff is also Pro Se in this case and respectively requests that the Court recognize this fact and takes in to consideration when reviewing this Motion for Extension of Time.
    3. The Attorney General’s motion raises various issues that will require significant research, to include estoppel theories, consideration of matters outside the four corners of the complaint and the precedential value of state/federal decisions on federal courts.
    4. The Plaintiff respectfully requests this Court enter an order extending the deadline
    for responding to the Attorney General’s Motion to Dismiss Complaint and/or Claims Six through Nine of the Complaint 20 days. The Plaintiff requests the Court to set the deadline for filing a response to December 31, 2017.
    MEMORANDUM OF LAW
    The Eastern District for the state of California obviously can exercise its managerial power to maintain control over its docket.
    LOCAL RULE 144 (Fed. R. Civ. P. 6) CERTIFICATION
    Pursuant to Rule 144 (Fed. R. Civ. P. 6) of the Local Rules of the Eastern District of California, the undersigned has conferred with counsel for the Attorney General regarding this motion and represents that they do not object to the relief herein requested.
    WHEREFORE, the Plaintiff respectfully requests the Court enter an Order extending the
    deadline for responding to the Defendant’s Motion to Dismiss 20 days to make the new deadline for filing a response December 31, 2017.

    Respectively submitted by:
    MICHAEL RICHARDSON
    PRO SE
    ——————————————————

    CERTIFICATE OF SERVICE
    I HEREBY CERTIFY that on Monday, December 11, 2107 I served all interested parties in this action by placing a true and correct copy thereof in a sealed envelope, with first class postage prepaid thereon, and deposited said envelope in the United States mail at or in Sacramento California, and addressed it to:

    Xavier Becerra,
    Attorney General of California;
    Gabrielle D. Boutin,
    Deputy Attorney General
    1300 I street, Suite 125
    P.O. Box 944255
    Sacramento, CA 94244-2550

    —————————————————
    MICHAEL RICHARDSON
    Pro Se Plaintiff

    Feedback welcome……..

    • Chris F (@Mike R)

      Wow, I’m sorry I missed seeing how rushed this was. You would think the court would have provided at least a one sentence guideline telling you how long you had.

      When you say this: “Pursuant to Rule 144 (Fed. R. Civ. P. 6) of the Local Rules of the Eastern District of California, the undersigned has conferred with counsel for the Attorney General regarding this motion and represents that they do not object to the relief herein requested.” Does that mean you did talk to the counsel for the AG and they were fine with the extension??? That is surprising.

      I hate the fact that all this work can be for nothing due to a short deadline they don’t even tell you about. That would make sense then why the AG response wasn’t very good. They just wanted to get something filed knowing you wouldn’t do anything in time and then the judge can use any excuse he wants to in order to dismiss your complaint with prejudice so you can never file again.

    • AJ (@mike r)

      See my other post addressed to you. From what I found, it appears you have until 14 days before the hearing date.

  49. C J

    5-4 with the 5th vote “silent”. The dissenting opinion by Judge Kitchens in this case was scathing. Basically the state ignored their own state law to keep this individual on the registry. No documentation of any past conviction. Why? Because FYTW. Federal suit next…

    Criminal thugs in robes pulling down $120K a year.

    • C J

      This was a reply to AJ earlier in the thread. Re; Mississippi SC ruling.

      • AJ (@mike r)

        I do recall the crux of the disagreement being about the State’s “knowledge” of the crime. The majority said expungement made the RC status quo ante, so the State didn’t legally have knowledge; the dissent said that since they have documented knowledge, the expungement didn’t matter. Or something along that line. It was a surprising read that MS judges would follow the legal letter that tightly–though obviously not all were on that page.

        • C J

          There were two RC cases that went to the Mississippi SC, one went against the registrant 5-4 and another favored the registrant 6-3. The crux was that the state never clearly followed their own law which says that any post-conviction proceeding that dismisses or sets aside the verdict nulls any registration requirement. (such as PC1203.4). Its really a legal mess in Mississippi when their highest court deliberately runs around their own law. See Miss Code 45-33-47(4).

          • AJ

            @C J:
            Two cases involving distinct RCs, or two cases involving the same RC? I know of the latter, and he failed at that time because the charge still existed, even though it had been reduced to a misdemeanor. What two cases?

  50. mike r

    Yeah, i know what you mean Chris. It isn’t going to happen though. For some reason last night I decided to check on it more even though I am cramming for my math class. Somethings guiding me man…..No I haven’t talked to the AG yet I just put that in there so that I am ready to file since I have a short window today to do it. I have my final at noon that last about 3 hours so it’s all out rush. I don’t even care if it is moot or if they agree or not I am filing it just in case. Not bad for about 4-5 hours of work right ? I am glad your really into this Chris, no one but you and AJ and New person and a few others seems to even care. I guess their all OK with their situation. I don’t know maybe I ask to much or something, but what about that guy talking about how he is a paralegal or some crap, WTF dude chime in any time man…..It doesn’t matter, we have it covered dude…..Thanks anyways right? Anyways gotta go man, cramming for my exam right now……I will pop in and out see what’s up….If you can locate how long I have to respond that would be cool. I cannot find any concrete confirmation. I have found one page stated 21 days before the hearing, another stated 15 days after they filed, and then that example that I found clearly states two weeks.

    • RM

      @mike r
      I do care, I read all the comments here. I was convicted in NJ; when something pertains to me and my conviction or that I have an opinion or reference on, I will help/chime in/whatever. Please don’t think no one cares about all these screwed up laws and changes that are occurring or that we don’t have an opinion are a particular states changes. We do care.

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