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Recent Comments

  • AJ December 15, 2017 at 8:05 pm on General Comments December 2017@Chris F: Yes, thanks for re-framing and clarifying. Here's something that came to my mind recently: does it make any sense for us to be providing the State with information they already have? In Smith, SCOTUS said the registry was merely an improved method of disseminating information that is already public. Okay, if it's public, it means it's already in the State's custody and control. They have my vehicle info, they have my address (through tax forms, driver's license, voter registration), they may well have my educational info if I am attending a public university, etc. So to make someone repeatedly go in to LE to tell them things they admit they already know serves no public safety purpose. And if they say they cannot guarantee the information is accurate or complete, that falls flat too. The only way the info is incorrect is if I have somewhere else given false or old info--which would also be civil/criminal offenses. Aside from a photograph, what information must be handled via an in-person visit? Fingerprints don't change. E-signing of documents has been legal since the Clinton Administration, so they can't say they need to you to sign something in person. And really, if they need that new picture every year, they can follow what some States (TX, at minimum) do, which is limit DLs to yearly expiration. To me, this helps point towards in-person reporting having no rational connection to achieving the purpose, which is to have correct information. Aside from the photo, there is nothing that cannot be achieved electronically or via USPS. And if there's no rational connection, it points towards....wait for it....punishment.
  • AJ December 15, 2017 at 7:55 pm on General Comments December 2017Who says you can't teach an old dog new tricks!?!? 🙂 (And thank you.)
  • AJ December 15, 2017 at 7:52 pm on General Comments December 2017@mike r: I have your initial Complaint, so re-posting sections of it doesn't answer my questions or help with my formulation of ideas. But to answer your post: (a) The CA AG has no authority or jurisdiction over what other States do in regards to residency and/or presence restrictions. I don't see that surviving on that fact alone. Even if it does, there are no as-applied burdens or examples provided. (b) The CA AG has no authority or jurisdiction over City or County laws. The Cities and/or Counties *where you have suffered harm* need to be named as defendants. (c) Good start, but you need to give specific, real-life, examples of how you have suffered harm from these laws. (d) You need to name, compare, and contrast the conditions of registration versus parole, and how they have burdened you in particular. I feel like you're missing my point, which is that in an as-applied lawsuit, you need to show specific, factual, detailed instances of how, due to your being subject to the law, you have suffered some sort of harm. The examples of the harassment at the apartment complex are good examples. Having any sort of housing/job/education/whatever denial that was because of your being on ML would be good. Things like that.
  • AJ December 15, 2017 at 7:36 pm on General Comments December 2017@mike r: These are the types of specific, ML-based details you need. Item 2, the keyed car, isn't much help, as you yourself say you cannot say why it happened. Even good old PA ADA Dobo can shoot that one down! You may want to consider getting an affidavit from your fiancee about the events, even if she can only cite, "on or about..." All she has to do is, in the presence of a notary public, swear or give oath, and sign, that the facts are true and correct. Many banks will provide notary services for free to account holders. Worst case, it may cost a few bucks, it all depends on State law. (One State I've lived in mandated a notary must provide services unless clear fraud existed, and could only charge $0.50 or some pittance!) In related news, I'm still scratching my head about the claim that the AG, even in official capacity, can't be sued. I looked at some of the RC suits that are out there, and it appears the head of the agency/department responsible for managing the ML stuff. In Snyder, the Gov. and the head of the State Police were named--not the AG, even though s/he was certainly the "boss" of the State Police. In Millard, they sued the head of the CO Bureau of Investigations. In McGuire (case in motion in AL/11th Circuit), they name the AG, the director of the AL DPS, the Sheriff of Montgomery County, and the Mayor of the City of Montgomery. My point is that it may or may not be the AG who should be named. He may be the sole named defendant, he may need to be a list of a few, or it may be better served to hit someone closer to operational aspects of ML in CA. I give this as food for thought. Maybe the head of the Bureau of Criminal Identification and Information Services (https://oag.ca.gov/careers/descriptions/cjis) needs to be named; maybe the County Sheriff, where I presume you register; maybe some assistant director in the AG's office. Or, maybe you rebut the brief and say that the AG is named in his official capacity as the head of the Department of Justice, the agency named by the Legislature as responsible for ML management and enforcement--and that his collateral duty, per the CA Constitution, as chief law enforcement is just that, collateral. As well, the title page of the CA ML website says, "California Megan's Law Website | State of California Department of Justice | Office of the Attorney General," and then the first bold-faced, large-print text says, "Welcome to the California Department of Justice Megan’s Law Website where California is embracing technology to enhance community safety." Beyond that, the top left of the page has the CA AG's Seal/Icon. Finally, the "Contact" link will generate an email to "____@doj.ca.gov," so it's plain and clear, the DOJ is *the* agency for all items ML in CA, and given the title and logo point directly to the AG himself. Toss in this FAQ tidbit about the new law: https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf. It directly says the DOJ, which is headed by the AG, will be issuing the tier information to RCs, and *each page* has the AG's logo on it. Finally, I stumbled upon something on the AG's site showing a "new and improved!" ML site is on its way: https://oag.ca.gov/sites/oag.ca.gov/files/sspsm-megans-law_0.pdf. Note the "near my device" functionality they plan to add to the mobile app.
  • TS December 15, 2017 at 7:02 pm on General Comments December 2017And down the road is Canon City, CO where there was a major sexting deal last year, but do students learn? NOOOOO!!!! High School Sexting Investigation Underway http://denver.cbslocal.com/2017/12/15/high-school-sexting-investigation/
  • TS December 15, 2017 at 6:58 pm on General Comments December 2017Meanwhile in OOOOOk-lahoma, where the wind comes sweepin' down the plain....just when you thought it could not get much weirder... Teacher fired after applying to marry 16-year-old male student https://nypost.com/2017/12/15/teacher-fired-after-applying-to-marry-16-year-old-male-student/ Is the male child a victim if they are really willing to get married to the female teacher at the age of consent despite her being a person in a position of trust or authority and possibly having consensual yet illicit coitus prior to the marriage? Shouldn't they check the phones too for illegal content where he could be the perpetrator and the victim twice over?
  • TS December 15, 2017 at 6:29 pm on General Comments December 2017@mike r Get signed and notarized affidavits, if you can to accompany your filing, of these incidences from those who witnessed any. Make it harder for any reasonable person to dispute your accounts or even think about moving for a dismissal.
  • Storm December 15, 2017 at 5:36 pm on IN: ACLU says sex offender law is tougher on new HoosiersKentucky!
  • Paul 2 December 15, 2017 at 5:04 pm on General Comments December 2017One with a job that worked in PA on new bill is Street address of your employer has big impact on getting and keeping a job.
  • Paul 2 December 15, 2017 at 4:53 pm on PA: Legislature to address Pa’s sex offender registration lawsI am meeting with Reeds lawyer on Thursday or Friday to figure this out, by then I'm hoping we here whats up with the Muniz cert.
  • mike r December 15, 2017 at 4:36 pm on General Comments December 2017I guess I did challenge Jessica’s law….That’s ok….This is all I have for Ex Pot Facto. Claim six……… (Ex Post Facto) I am entitled to relief because: a) I am facing punishments in multiple states across the country that enacted state and local ordinances well after my conviction and sentence took place in May 12, 2006, i.e. residency and presence restrictions; >>>>>>> Here is just a small portion of the laws targeting where a registered person may reside, work, recreate or be physically present at the state level, not including all the different local laws and ordinances. I must note that all these different laws listed here are interpreted in their own way by local law enforcement and have been used as a springboard to enact a vast array of different ordinances in each locality by the many different municipalities across each one of these states. (Florida, F.S. sect.775.215, 856.022). (Georgia O. C. G. A. sect. 42-1-12 through 42-1-19 and Ga. Comp. R. & Regs. R. 140-2-18). Idaho, Title 18, Chapter 83, Idaho Code sect. 18-8331, 18-8332). (Virginia, Va. Code Ann. Sect. 18.2-370-3,18.2-370.2). (Illinois, sect. 730 I.L.C.S. sect. 150/8, 720 I.L.C.S. 5/Art.11). (Mississippi, Miss. Code ann. Sect. 45-33-25, 45-33-26). (Missouri, R.S. MO. Sect. 566.145, 566.147.150). (North Carolina, N.C. Gen. Stat. Art. 27A, sect. 14-206-16, 14-208-18). (Oklahoma, 57 Okl. Stat. sect. 57-59, 57-590.1, 21 Okl. Stat. 21-1125). (South Dakota, S.D.C.L. sect. 22-24B-23, 22-24B-24). (Tennessee, Tenn. Code Ann. 40-39-201 through 40-39-306) And other state statutes such as time limits on when I have to register, which there are so many that it is not practical or feasible for me to cite simply because I do not have the expertise or knowledge on how to obtain all those state codes and what dates they were enacted. b) I am being subjected to punishments in California that have been enacted well after my conviction date, i.e. residency and presence restrictions; >>>>>>>>>>>>>>> 32 pages of local ordinances for Ca alone>>> http://all4consolaws.org/wp-content/uploads/2012/04/290CaliforniaOrdinancesCity_20130128.pdf c) I am being subject to a myriad of reporting requirements and punishments that have been enacted by the federal government well beyond my conviction date, i.e. IML, government sanctioned Angel Watch Program; >> International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (H.R. 515). In addition to HR 4573, the final version of HR 515 requires a visual "unique identifier" to be placed on the passports of registrants convicted of sex offenses involving a minor. Law also requires covered offenders to notify law enforcement 21 days before traveling abroad. "S.1867 - International Megan's Law to Prevent Child Exploitation Through Advanced Notification of Traveling Sex Offenders". Congress.gov. 114th Congress (2015-2016). Also, 42 USC 16914(a) (7) Information relating to intended travel of the sex offender outside the United States, including any anticipated dates and places of departure, arrival, or return, carrier and flight numbers for air travel, destination country and address or other contact information therein, means and purpose of travel, and any other itinerary or other travel-related information required by the Attorney General. d) I am being subjected to “conditions of registration” that are as severe as, or more severe, than the conditions of parole supervision when I am supposed to be, and am, a Free Citizen that is no longer under the supervision of the state or subject to the criminal justice system.>>>>>>>>>>This claim is in the wrong section……disregard……….
  • mike r December 15, 2017 at 4:07 pm on General Comments December 2017AJ and others, I posted in the reply so check that.
  • mike r December 15, 2017 at 4:03 pm on General Comments December 2017This first part a-d I pasted verbatim from the Hawaii v Bani decision except for (e) and (f) (Right to Reputation) I have a liberty interest protected by the Constitution that entitles me to due process because of: (a) the public disclosure of accumulated and synthesized personal information that would not otherwise be easily available; (b) the harm to my personal and professional life; (c) the foreseeable harm to my reputation; (d) the statutory branding of me as a public danger, i.e., as a sex offender; (e) the previous/continuing physical and verbal harassment of my family and myself because of my inclusion on the public notification website; >>>>>> I cannot recall exact dates but my answers are not conclusory or hypothetical, I will swear under oath that the statements are true and correct and I believe the court has to take what I say as true and facts as long as it isn’t conclusory or hypothetical whether or not I can produce evidence or exact dates.> 1. In 2009 my Fiancé and I was viciously verbally attacked in front of our apt. where the man was screaming at the top pf his lungs that I was on Megan’s Law so I must be a pedophile and child molester and that if I even flinched my hands he was going to attack me physically. It started when the man was harassing my fiancé when she came home from work in which case I came out after she called me because she was afraid to exit her vehicle because the man was directly outside her vehicle screaming at her. We called the police in which they came out and forced the man to go to his cousins apt. which he was visiting and which is right next to our apt. My fiancé and I could not leave our apt. for fear that this man was going to continue his attacks. The police would not make a police report and would not even cite the man or make him leave the complex so for several months my fiancé and I had to worry about being attacked every time we came out of our apt. and the man would sit on the porch next to our apt. and every time he was there when my fiancé and I would exit our apt the man would continue his barrage while pacing back and forth on the porch in an apparent state of agitation. This behavior and situation lasted for several months until I believe the man went back to prison for an unrelated offense. The police were called and there must be some evidence of that incident but I have no idea how to obtain that evidence. 2. That same year both of our vehicles were damaged from someone scraping a key or other hard item down the sides of both of our vehicles. We did not bother to call the police because of the lack of action taking by them in the previous incident and we had no proof of who did it or why. After all a lot of people are not going to stand there and state “ we did this or that because you are on Megan’s Law” nor can I state “ can you wait a minute while I take a picture or get a statement why you are doing what you are doing or can you please wait for the police while I call them” . 3. In 2011a man moved in to an apt. across the parking lot from me and immediately out of the blue he was outside his apt. yelling there better not be any 290’s (registered offender) here and I better not find any here on Megan’s Law. There was several times proceeding that incident when I came out of my apt. and the man started yelling from the porch of his apt. that I was a pedophile and a weirdo and that I better watch my back. This went on for several months where my fiancé and I had to once again live in fear that we may be attacked at any moment from this man or his gang banging friends. We did not call the police since they already told us there was nothing they could do during the previous incident. The man moved out after approx.. three months. 3. In 2011 there were two girls that were about ten years old that were living in the apt. where the previous man move out of who proceeded to start singing and dancing around in the parking lot directly in front of our apt. singing as loud as they could “pedophile, pedophile, pedophile”; which someone had to tell them to do because I am sure the girls weren’t even old enough to understand what they were saying. 4. In 2012 once again a man moved into an apt. across from us and immediately started yelling at me (and loud enough to be sure all my neighbors heard him) that I was on Megan’s Law at least two to three times a week for several months when I was leaving my apt. and the man actually threw a bottle at me at one point which shattered at my feet. The man continued this barrage of verbal attacks for several months before he move out if the complex. I do believe that they have to take my statements as facts. I have several more incidents that I will continue with later since I want to do the claims six through nine so that I can include them in my opposition.
  • Facts should matter December 15, 2017 at 3:55 pm on KY: A lawmaker accused of molesting a teen killed himself. His widow calls it a ‘high-tech lynching.’He knew there would be MORE people coming forward, along with a subsequent investigation, civil/criminal charges and didn't want to die on the registry. The higher the fall, the more burdensome the shame. And he blamed his final actions on PTSD from 9/11 cleanup which we all know is nonsense and reality denial. I have less than zero sympathy for this two-faced Christian. His fate and legacy was sealed the moment his past caught up with him.
  • TS December 15, 2017 at 3:09 pm on General Comments December 2017@mike r Good to hear. I am willing to review as you see fit to publish any reply for review by us out here.
  • Paul 2 December 15, 2017 at 2:39 pm on PA: Legislature to address Pa’s sex offender registration lawsThanks Mike I am trying to figure out if PSP will be giving everyone the 90days or only people that have to register new. Because my thoughts are that if they are mailing out 90day letters then they should have to do the determination before they decide who to send the letters to. Also if Muniz is denied cert then we should not have to update under old SORNA. This would make them have to decide first who is not required to register before they send out a notice to register under new law.
  • New Person December 15, 2017 at 2:14 pm on PA: Legislature to address Pa’s sex offender registration lawsCould you not sue for damages while you remain on the registry when the only pre-requisite is 10 years and your conviction type? It is not your problem that they are understaffed. This is akin to holding you longer in jail after you have a set date of release. The State put you on the registry. You fulfilled your obligation. Any time after the 10 year date of release should be cause for a lawsuit for continued custody as well as defamation because you already have fulfilled the statutory pre-requisite. One day longer you are deemed a registrant is a known lie to the state. Remember, you didn't complain or wait to be put on the registry. THe state did it with ease. It's not your responsibility of their incompetence to process you out that very same date you are to be off the registry.
  • New Person December 15, 2017 at 2:08 pm on VT: Judge strikes down Rutland’s limits on where sex offenders can live@ Mike R I think you're onto something: Stated legislative intent = servitude (just that it isn't classified as punishment) This servitude is forced upon a free citizen, just like this article's judge Hoar stated, “Plaintiffs have been convicted and punished; the City cannot now say to them, anymore than they could to any other citizen, ‘we don’t want your type in our town.” Well, that can be extended to... Plaintiffs have been convicted and punished; the City cannot now say to them, anymore than they could to any other citizen, " (insert every registration regulation and duties)". Free citizens are NOT forced to register. Free citizens are NOT excluded from government assistance such as HUD denying any registrant with a lifetime term. Free citizens are NOT forced to have a different passport than any other citizen. Free citizens do NOT have to disclose their travel plans. Free citizens are NOT force to register in another state. Free citizens are NOT excluded from specific jobs. Once you've served your time, then you custodial service to the state have been fully completed. The registry isn't punishment and therefore cannot be enforced upon a free citizen. Which is what judge Hoar intimate for the 1,000 foot restriction. But why stop at that singular restriction? Why not applied to any other restriction?
  • USA1 December 15, 2017 at 1:45 pm on LA: Jury finds ______ guilty of 2nd degree murder in 2015 killing of his girlfriend’s convicted molesterThis is truly a disturbing article! I’m wondering who is worst? What normal person is going to break into someone’s home, brutally kill them and dispose of the body in the manner he did? That’s very sick!
  • counting the days December 15, 2017 at 1:33 pm on KY: A lawmaker accused of molesting a teen killed himself. His widow calls it a ‘high-tech lynching.’I, for one, do feel for this man and his family. Without knowing his history or the specifics of this story, It is terrible that anybody feels that this is the only way out. I feel this way every day, but somehow I get through it. I never know if tomorrow will be the day I give up. He felt that even this accusation, trivial by comparison to many of ours, was going to be too much to handle. I suspect that there was more to his history than has initially come out, and that makes this all the more sad for everyone involved. It shows the tragedy of this when suicide is the best option. I have a hard time reading about these events because it triggers me into dark places. If he, with a family to live and provide for, can choose this path, what is to stop someone like me, who has lost way more than he could have imagined. He chose a path that has left family and friends grieving for him. I understand his thinking, though.
  • mike r December 15, 2017 at 12:43 pm on General Comments December 2017Ok man, I am on it. The job occupational issue is a hard one since all felons face those, same with renting a house/apt. Background checks, everyone gets them. That's a whole different case, There's barely an angle that being on the web exacerbates the difficulty and that most employers/property management only go back 7 years while I am for life. I'll get back to you.
  • mike r December 15, 2017 at 12:24 pm on VT: Judge strikes down Rutland’s limits on where sex offenders can liveAgreed New, I am definitely keeping the argument in my motion. Thing is it's both and everything else I am arguing. It's involuntary servitude because the legislature did not intend it to be punishment, of course we all no they did, but since they ststed it wasn't supposed to be it is a servitude issue automatically. Then outside the realm of the legislature it's everything else, including punishment. Kt can be both. The stated legislative intent=servitude....The intent, effect approach=punishment. Of course all my other claims as well...
  • RM December 15, 2017 at 12:06 pm on General Comments December 2017Some parts of the reference copied here: "MEGAN’S LAW Assessing the Practical and Monetary Efficacy by The Research & Evaluation Unit Office of Policy and Planning, New Jersey Department of Corrections (2008) The following points highlight the major findings of the three phases of the study.  New Jersey, as a whole, has experienced a consistent downward trend of sexual offense rates with a significant change in the trend in 1994.  In all but two counties, sexual offense rates were highest prior to 1994 and were lowest after 1995.  County trends exhibit substantial variation and do not reflect the statewide trend, suggesting that the statewide change point in 1994 is an artifact of aggregation.  In the offender release sample, there is a consistent downward trend in rearrests, re-convictions and re-incarcerations over time similar to that observed in the trend study, except in 1995 when all measures spiked to a high for that period. This resulted in significant differences between cohorts (i.e., those released prior to and after Megan’s Law was implemented).  Rearrests for violent crime (whether sexual or not) also declined steadily over the same period, resulting in a significant difference between cohorts (i.e., those released prior to and after Megan’s Law was implemented).  Megan’s Law has no effect on community tenure (i.e., time to first re -arrest).  Megan’s Law showed no demonstrable effect in reducing sexual re-offenses.  Megan’s Law has no effect on the type of sexual re-offense or first time sexual offense (still largely child molestation/incest).  Megan’s Law has no effect on reducing the number of victims involved in sexual offenses.  Sentences received prior to Megan’s Law were nearly twice as long as those received after Megan’s Law was passed, but time served was approximately the same.  Significantly fewer sexual offenders have been paroled after the implementation of Megan’s Law than before (this is largely due to changes in sentencing).  Costs associated with the initial implementation as well as ongoing expenditures continue to grow over time. Start up costs totaled $555,565 and current costs (in 2007) totaled approximately 3.9 million dollars for the responding counties .  Given the lack of demonstrated effect of Megan’s Law on sexual offenses, the growing costs may not be justifiable." It's interesting that most of these conclusions signify that Megan's Law and all of its subsequent parts have no effect, yet society doesn't understand this, or doesn't want to understand this. Yes, I know about the "fear factor" and the "I will do anything to protect my child" intuition, but at what cost and who are they protecting by overly punishing people who committed a one time offense? US parents pay an extraordinary amount just to protect their children, at the expense of all the other citizens. Yet, they don't bicker at other issues which costs billions and trillions...like the proposed tax bill, our fight for freedom, community supervision that lasts forever, unconstitutional laws, and all the stupid laws they support. The whole of Megan's Law and IML need to be fought!
  • mike r December 15, 2017 at 11:56 am on KY: A lawmaker accused of molesting a teen killed himself. His widow calls it a ‘high-tech lynching.’agreed, my heart is dead for any politicians... no sympathy here...even if he was a great guy, collateral damage to the war against domestic terrorist.
  • TS December 15, 2017 at 11:37 am on PA: Legislature moves to keep 17,000 sex offenders on state registry@CR Then I hope an injunction is requested, if possible, and granted to delay the law being enacted and is tested as you say
  • Jim December 15, 2017 at 11:24 am on PA: Legislature to address Pa’s sex offender registration lawsThanks for the reply. Following is the text of the letter he just sent Psp. "Sir/madam I have written to you about this before. I wrote first after the decision in Muniz. Then again after my client's own case in Superior court. He MUST be removed from the list of Megan's law offenders. He must not be receiving letters such as your December 6th letter telling him he must report. There is no lawful authority for him to do so. At this point his civil rights are being violated. Sincerely, Robert Mielnicki, esq. Above us the exact text of his latest letter to Psp. Wouldn't you think that is worded strongly enough? Jesus!!
  • Mike S December 15, 2017 at 11:12 am on PA: Legislature to address Pa’s sex offender registration lawsRobert, As long as you were not convicted of any of the crimes below and anything similar in Maryland law, you should be off the registry. The first one is a bit tricky as there is case law that supports that you can have multiple "counts" of 10 year crimes as long as they were all at the same sentencing. i.e. 34 counts of Possession of CP or 1 charge of Indecent Assault and 9 counts of Possession of CP because she was underage and you took pictures. You need to be arrested, sentenced and than commit another SO and be arrested and convicted again. Mike (1) An individual with two or more convictions of any of the offenses set forth in subsection (a). 18 Pa.C.S. § 3121 (relating to rape) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. § 3124.1 (relating to sexual assault) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) 18 Pa.C.S. § 4302 (relating to incest) when the victim is under 12 years of age . ;
  • Mike S December 15, 2017 at 11:04 am on PA: Legislature to address Pa’s sex offender registration lawsPaul, it is a great question that no one knows the answer. The bill clearly lays out who will need to register and for how long. It also clearly lays out who is currently registering and the expected timeframe to get off the registry. If your crime was a 10yr when you were convicted, anytime that you have spent on the registry counts towards that 10 years. Pretty simple. I was convicted of Possession of CP in 2006, been on the registry for 11 years 2 months, when this bill is signed, I am off. Sounds very easy right? Nope!! The writers of the bill gave the PSP all the power in the world to do what they want. PSP says it going to take 18 months because they only have a staff of 12 legal assistants. Let's do the math!! 12 x 8 = 96 (number of staff (12) times work hours in a day (8)) 20,000 (number of Rcs in PA) 250 (number of working days in a year 20,000/96 = 208 (number of RC's divided by the number of daily Legal staff hours) 5 months or 150 days (number of months since Muniz decision) 208 - 150 = 58 (number of days to spend an hour on every case minus days you knew this was coming) MARCH 1st!!!!!! that is about the day that the PSP, giving everyone an hour (which is complete BS as all the data is right in front of them and it should take 5-10 minutes an RC (say 6 an hour)) 12 x 6 = 72 72 x 5 = 360 20000/360 = 55 (55 days to work through the entire database Not taking into account that there are 11k Tier 3s and 2k SVPs that are not coming off the registry for some time. Now we cut the 55 days number in half to ~28 days. Or about the same about of time it is going to take to get Wolf to sign the bill. AND, now that the numbers are really starting to burn me up. Over the xmas holiday every office brings in college labor, who can do the research on the list and get sign off from a "Legal Assistant". (PSP stats come from the story below) Finally, the bill makes it clear that Mike S.'s math and @Paul's math and @Jims math means nothing. You will be removed when they tell you that you are removed and they will keep your picture and all the other info about you in their little site until they are good and damn ready to take it off. http://www.dailyitem.com/news/local_news/legislature-moves-to-keep-sex-offenders-on-state-registry/article_ce133a1b-8c5b-5a1f-a129-673cb96650ec.html
  • Mike S December 15, 2017 at 10:40 am on PA: Legislature to address Pa’s sex offender registration lawsJim. I think you need a much more aggressive tact from your attorney. He/She needs to get someone on the phone over there, I suggest O.E. Rowles the one who probably signed your F-off letter, and tell them that you have a court order and that the next step is to sue in state court, naming O.EO Rowels and PSP. I say this as an RC, but have also heard that this approached worked from the Delaware County lawyer who mailed everyone a couple years back. Your lawyer needs to fight for YOU, not the next client that he might have that he has to be chummy with the PSP.
  • New Person December 15, 2017 at 10:20 am on VT: Judge strikes down Rutland’s limits on where sex offenders can liveI'm going to re-order quotes from this article: ====== 1. “Plaintiffs have been convicted and punished; the City cannot now say to them, anymore than they could to any other citizen, ‘we don’t want your type in our town,” Hoar wrote. 2. “What the City has done here is effectively to declare an entire class of persons to be a public nuisance, by simple virtue of their physical existence." 3. The judge added, “The boldness and breadth of this assertion is virtually without precedent.” ====== 1. Here, the judge identifies that registrants have already paid their price to society via conviction and punishment. 2. Actually, the SCOTUS defined all registrants not only as public nuisance, but a public threat as they are all deemed monsters as opposed to being human beings. This refers to the SCOTUS citing an 80% recidivism rate was "frightening and high". But that citing of the source was not from an expert and the rate was never substantiated. This source citing was proven invalid by Dr Ellman and Dr. Ellman recenlty. ... Also, Colorado Judge Matsch stated that the "cruel and unusual punishment" of the registry comes from the public side. The IML now bans travel from some countries to US Citizens. Politicians use the registry class as a political weapon to be re-elected as well as negating options to the registrant class to be re-integrated. Here, we have yet another judge sharing the same sentiment as Judge Matsch - we are adding additional punishment to a class of people because of how they are labeled. 3. The assertion is unprecedented because registrants have already paid a price with their punishment, but are still subjected to continue to pay the price for their conviction via the registry. The city, and/or rather the state, is imposing extra penalties on a free citizen that no other free citizen shares. This is unprecedented because no one is seeing it from the 13th amendment directly, but indirectly. Involuntary servitude is prohibited unless to punish a crime. The city has a class to continue its service to the state/city beyond their punishment. But this was enabled by the SCOTUS. The registry isn't punishment, but it is continued service to the state, which is serving the people. Registrants are supposed to share the same constitutional rights as any other free citizen, but they aren't. That's what this judge is stating in plain sight, but doesn't directly tie it to involuntary servitude.
  • 290 air December 15, 2017 at 9:49 am on KY: A lawmaker accused of molesting a teen killed himself. His widow calls it a ‘high-tech lynching.’So a lawmaker, for 48 hours, has to deal with what we deal with our whole lives and he kills himself. Cry me a river. These guys make these laws then when they are accused of the same thing they can't take the heat. "Hi tech lynching" welcome to our lives...
  • TS December 15, 2017 at 9:38 am on PA: Legislature to address Pa’s sex offender registration laws@Paul 2 Silence is golden is the old song and it is a good strategy too in waiting to speak. Let the chips fall as they may then see what can be said & done after they've fallen. “He who is prudent and lies in wait for an enemy who is not, will be victorious.” ― Sun Tzu, The Art of War
  • Jim December 15, 2017 at 9:25 am on PA: Legislature to address Pa’s sex offender registration lawsNo. just saying that I won my case in Superior court based on Muniz in October, my lawyer has sent Psp the judgement... why the hell are these a$&holes not abiding my win in Super based on Muniz!!?? I don't appreciate the humiliating trip to Psp when I've won! He'll, I should have never been put on in 2012.
  • CR December 15, 2017 at 8:57 am on PA: Legislature moves to keep 17,000 sex offenders on state registryThe courts don't use a "basic definition" of Ex Post Facto. The concept applies only to laws that are deemed punitive. It's not clear yet whether any aspects of this new registration law impose punishment, but I think its likely that it'll be tested in court. Hopefully as soon as it goes into effect.
  • Chris F (@Mike R and AJ) December 15, 2017 at 8:52 am on General Comments December 2017Let me make sure I understand the summary of the suggestions above. First, it will help in knowing which questions Mike R is responding to if he can hit the "reply" button in the bottom right hand corner of that post instead of starting a new comment at the very bottom of all posts. That was AJ's request recently and will help keep things organized and understood unless a new unrelated issue needs to be brought up. Second, Mike R needs specific and detailed examples with dates when possible of how the Sex Offender registrations has harmed him where he otherwise wouldn't have been harmed. Examples could be things like date setting up facebook account and date of denial, list of jobs denied and any proof of why, and list of potential travel plans and dates and laws the make them impossible. Am I on the right track here? Do people have suggestions to add to the identifiable burdens? I think Mike R does do a good job of listing generally what he is prevented from doing and I would think that unless the other side is going to say "You are allowed to do those things so show me proof you aren't" then the court should have enough to rule that it's not constitutional, but I also see where they'll use any excuse not to rule at all so they'll hide behind lack of specificity. That's a shame, but I can see the courts using any excuse to do less work. Thanks for all the research AJ. It's not like any organized civil rights group is going to help us.
  • Paul 2 December 15, 2017 at 8:47 am on PA: Legislature to address Pa’s sex offender registration lawsTerry don't you find it odd that no lawyers are saying anything about the new bill or anything about how people are going to get relief? No lawyers on this site or any other even Aaron Marcus hasn't said much. Its almost like they are waiting for the legislature to pass the bill and Muniz to get denied cert, I am hoping, before they say anything. Also why would SORNA not be deemed unconstitutional under Muniz?
  • TS December 15, 2017 at 8:45 am on General Comments December 2017@mike r, et al What AJ writes is the method Millard, et al in CO did. Showed individual harm. No case otherwise.
  • Paul 2 December 15, 2017 at 8:31 am on PA: Legislature to address Pa’s sex offender registration lawsMike what is your interpretation of how pre SORNA people, on SORNA right now, will "continue their registration"? I am thinking they will have to give everyone a letter with 90days, or will they just keep us coming in when our anniversary date comes up, because if it is the 90days then they should have to research each case and determine if the person has finished their 10yrs, or whatever their time should be, before they send out letters to comply with new law.
  • AlexO December 15, 2017 at 8:20 am on VT: Judge strikes down Rutland’s limits on where sex offenders can live"The judge added, “The boldness and breadth of this assertion is virtually without precedent" This is an awesome ruling and a great scathing report. But if you believe the above, your honor, then you haven't been paying attention for the last 15 years. Cities and states across the nation have done much worse.
  • Paul 2 December 15, 2017 at 8:17 am on PA: Legislature to address Pa’s sex offender registration lawsNot sure of what you're saying was your Muniz case a failure to comply from your M3?
  • TS December 15, 2017 at 8:17 am on PA: Legislature moves to keep 17,000 sex offenders on state registry"...reporting requirements are not punitive so they can be applied retroactively" Isn't that still ex post facto by a basic definition? Looks like it to me. Here's your budget shortfall money for the time being. Someone get the Guvnuh on the line please...
  • TS December 15, 2017 at 8:06 am on LA: Jury finds ______ guilty of 2nd degree murder in 2015 killing of his girlfriend’s convicted molester"Looked up online to verify his address was the same" before committing this heinous act. Another possible use of the registry (whether through the state, parish, or third-party/media website) that is against the fine print of it's intended use and is illegal. Probably wouldn't take much to investigate this especially if pressed by the deceased's family to do so and the dangling of shortening a sentence for time with your child. Wonder if his estate or family could civilly sue the state, parish, and/or third-party/media website, in addition to the two convicted people, for damages just as others have done? Where is LA voices on this?
  • CA Cool RC December 15, 2017 at 7:48 am on VT: Judge strikes down Rutland’s limits on where sex offenders can liveWOW, it seem like this judge understand.
  • TS December 15, 2017 at 7:47 am on VT: Judge strikes down Rutland’s limits on where sex offenders can liveCannot declare people a nuisance. That's a new one. I think that'll possibly have long reaching application if other RCs/entities want to use that line. It also shows the municipalities know what they're doing by not appealing the court rulings to VTSC for the fear of one fell swoop taking the law out. Sounds like collusion to me. Be nice if they could prove that in court so it could be one fell swoop.
  • Chris December 15, 2017 at 7:21 am on PA: Legislature moves to keep 17,000 sex offenders on state registryWell here we go. Since HB 1952 has been redone all of a sudden it's gonna take 18 months to figure out who comes off and who stays on. Now it took only a week or 2 if that for them to get everything together when we all had to deal with the sorna switch. Their benefit a week or two. Our benefit 18 months. Sounds like PSP is gonna drag their feet because the benefit is not in their hands.
  • Jim December 15, 2017 at 6:44 am on PA: Legislature to address Pa’s sex offender registration lawsOk. I need some advice... I had a pending case ruled in Superior court in October of this year (in my favor) , relying on Muniz, stating Sorna does not apply to me. My attorney first sent Psp in July when Muniz came down- Psp sent a form letter in reply stating That they will apply Muniz to me in the future if it comes to pass... Then my Superior case was decided October of 17 - the three judge panel reversed my trial court and applied Muniz, stating that I should be removed. Again, my attorney sent the Superior judgement to Psp two weeks ago and heard nothing back... Last Friday, I received a Psp update (yearly) stating I must update within ten days. My attorney again has written them stating that there is no legal means by which they are making me update even though he has sent them my favorable Superior case and two other letters demanding I be taken off! Any advice?? Some background- I was on probation for an m3 Invasion of privacy in 2012 when Sorna was enacted- so I was snagged and have been fighting it ever since. Hainesworth did not apply to me because there was no quid pro quo or dropping of registration charges at the time I pled guilty in 2010. Thanks in advance for any advice.
  • Robert December 15, 2017 at 6:32 am on PA: Legislature to address Pa’s sex offender registration lawsHi Fist time posting. I just recently been following all this Magens law changes. After finding out i wont be able to go on 5 day/night trip to a Dominican Republic resort. Offered by the company my wife and I work for. Because im on the registry. Im not shore where i stand in all of this. Am I still going to be the registry? Because i moved here from MD in 2013. Or am I going to be off? because I was sentenced in MD on July of 06. To ten years on the registry. Days before president Bush even signed SORNA in.
  • AJ December 15, 2017 at 6:20 am on General Comments December 2017@mike r: I presume this posting was your answer to my questions above from last night. However, it doesn't address what I'm seeking. In order to have a chance for success, the Court is going to want and need specific instances where *you* have been, are, and/or will be harmed. You've filed an as-applied challenge, so you must show the personal, factual, provable harms you, mike r, have suffered. Please do not read this as saying there aren't any; I'm simply saying they cannot be generalized statements. Specificity here is not only your friend, it's a requirement. If/When you choose to reply, **please** use the "Reply" link to the bottom-right of this post. Doing so will "move" the posting window to where you are, and will ensure your reply is attached to, and nested within, the comments of the other's post. I typically have a very tough time trying to figure out what post your posts are replying to, because they are almost always created as Original Posts, not nested replies. You've done it before, I implore you to do it again, as I honestly sometimes skip right past something you've written simply because it's too tedious to try to find the OP to which you're replying. Nested comments/replies, please.
  • Terry Brunson December 15, 2017 at 5:22 am on PA: Legislature to address Pa’s sex offender registration lawsHey - Taking Pre-SORNA people back to ML 2 and ML 3 is easy in a bill vote - However the real deal is at the enactment of SORNA 20 December 2012 all ML's were "EXPIRED" with no saving clause votes to revert people back. When a law is expired - instead of repealed - - The Old law takes a New law to replace the Old law rules they want to go back to. The problem is that a new law would have a date future of the offense the new law cover. . . . . To apply the new law to people whoes offense pre- dates the new law would be a practice called - Ex Post Facto . . . . . This is a violation of the Pa. Constitution Article 1 Section 17. . . . . . The new law of HB 1952 is trying to fix a thing that cannot be fixed in just rewriting old law rules and applying them to the class of people they want to attack. . . . . . The HB 1952 will most likely become law at the governor's signature no doubt - BUT THE APPLICATION OF THE LAW WILL FIND ITSELF IN FRONT OF THE COURTS OF THE COMMONWEALTH TO BE CHALLENGED - right away. The Muniz case that the HB 1952 is trying to fix will be the case that destroys the new HB 1952 law on Retroactive applications of a Ex Post Facto law in attempts to keep the Results of letting 10,000 RSO's off the registry. The goal of HB 1952 has noting to do with public safety issues - it is a political knee jerk to stop a exodus of 10,000 RSO's from being removed from the PSP sex offenders registry. AND THAT'S A FACT - JACK
  • Paul 2 December 15, 2017 at 2:47 am on PA: Legislature to address Pa’s sex offender registration lawsI was thinking the same thing They already know who was A.S. "eligible" So if one of the charges was enhanced to a tier 3 from 10yr reg like me they had a way to keep us on for life even though A.S. applied so they already know who should be taken off. It only takes an hr to put someone on should be the same to take them off. Besides they have had plenty of time to prepare for this. I'm hoping someone can file to have an injunction put in to have site shut down until they fix this.
  • mike r December 15, 2017 at 12:59 am on General Comments December 2017The Great Charter was referred to in legal cases throughout the medieval period. For example, in 1226, the knights of Lincolnshire argued that their local sheriff was changing customary practice regarding the local courts, "contrary to their liberty which they ought to have by the charter of the lord king". In practice, cases were not brought against the King for breach of Magna Carta and the Forest Charter, but it was possible to bring a case against the King's officers, such as his sheriffs, using the argument that the King's officers were acting contrary to liberties granted by the King in the charters. HMMMM >>>were acting contrary to liberties granted by the King in the charters. Couldn't King be replaced by the Constitution. 14th–15th centuries Magna carta cum statutis angliae (Great Charter with English Statutes), early 14th-century During the reign of King Edward III six measures, later known as the Six Statutes, were passed between 1331 and 1369. They sought to clarify certain parts of the Charters. In particular the third statute, in 1354, redefined clause 29, with "free man" becoming "no man, of whatever estate or condition he may be", and introduced the phrase "due process of law" for "lawful judgement of his peers or the law of the land" Magna Carta, it was argued, recognised and protected the liberty of individual Englishmen, made the King subject to the common law of the land, formed the origin of the trial by jury system, and acknowledged the ancient origins of Parliament: because of Magna Carta and this ancient constitution, an English monarch was unable to alter these long-standing English customs. Although the arguments based on Magna Carta were historically inaccurate, they nonetheless carried symbolic power, as the charter had immense significance during this period; antiquarians such as Sir Henry Spelman described it as "the most majestic and a sacrosanct anchor to English Liberties". My understanding of this document is that it basically created the foundation to the right to access the courts for redress, or then the counsel of 25 barons........I maybe wrong but that is what I take from it........ Through the evolution of charter where it started out as a way barons and lords can use it progressed to apply to everyone thus giving the power of the courts to us...........
  • SBB December 15, 2017 at 12:52 am on CA Assembly Passes Tiered Registry Bill [Updated 9/16, 6 a.m.]I agree! Even the NY Times has pointed out that “there have been hundreds of evidence-based, scientific studies on the question of the recidivism rate for sex offenders. The results of those studies are astonishingly consistent: Convicted sex offenders have among the lowest rates of same-crime recidivism of any category of offender.” It doesn’t take a genius to figure out that we’re wasting time, money, and valuable human resources with this crap. Thank you for speaking up, ab, and all the others that have spoken up over the years and right here on this forum!
  • mike r December 15, 2017 at 12:32 am on General Comments December 2017This permission to petition the court is a procedural due process violation. The state cannot define when and how a citizen may access the courts. This is MAJOR issue guys. I can't believe others are not raising hell about this...Those petitions that you fill out with a set criteria are not subject to the courts but are merely administrative, if not then they are violations of procedural due process. Once a gain NOBODY can tell a citizen when they may access the courts for redress. That IS the most basic constitutional right ever created.....The Manga Carta was created for that exact reason. These legislators are attempting to take us back to feudalism when only the barons and lords had access to the king's court. This registration scheme is attacking every aspect of the constitution as well as revisiting all the discrimination of the past and even reaching outside the registry to include McCarthyism with all the sexual allegations ruining lives and careers....
  • mike r December 15, 2017 at 12:05 am on General Comments December 2017I like it New Person....I can work with that. AJ, the following is a "major" issue>>>From reading Section 3030, you do have visitation, custody, and cohabiting restrictions. Those aren't just restrictions those are out right bans on me living with or being in custody of any minor. I cannot even cohabit with someone with legal custody and I cannot have any unsupervised visits with any minor nor can anyone that I cohabit with. This is an extreme violation of my right to raise my family and to familial relationships. I want to have another kid,I am basically banned from doing that. I want to cohabit with my son and my grandson at some point. Nope can't do it..I could go on and on but those are major red flags.....I think SCOTUS gets pretty upset when people start trying to interfere with familial relationships and the upbringing of ones own children....
  • mike r December 14, 2017 at 11:27 pm on General Comments December 2017I laid it all out in the summaries at the end of each claim...I will lay it out again here Right to Reputation..... 89. I have a liberty interest protected by the Constitution that entitles me to due process because of: (a) the public disclosure of accumulated and synthesized personal information that would not otherwise be easily available; (b) the harm to my personal and professional life; (c) the foreseeable harm to my reputation; (d) the statutory branding of me as a public danger, i.e., as a sex offender; (e) the previous/continuing physical and verbal harassment of my family and I because of my inclusion on the public notification website; (f) I am barred from being employable in my occupational fields of expertise, and multiple other occupations, because of exclusion and restriction zones as well as onerous, impossible to comply with registration requirements. Equal Protection.... 116. I am entitled to relief under the equal protection clause because I am not being treated the same as all other felons or other individuals in similar circumstances, (a) I have to register or have the community notified of my presence after I have completed my sentence, (b) I am denied state and government services, (c) I am restricted where I can live, work and recreate, (d) I face criminal prosecution, a felony offense which is punishable by three or more years in state prison, not for engaging in any type of criminal conduct but simply for not providing personal information to the government within a certain time frame for the rest of my life, (e) I had to undergo psychiatric evaluations before being released from custody and if I was found to be a danger for re-offense I can be detained indefinitely under civil commitment laws, (f) I face regulations that are so severely deleterious to so many aspects of my life and to the process of rehabilitation and reintegration back into society that other felons (or any crime for that matter) who have exponentially higher recidivism rates than ex sex offenders are not subjected to, (g) I have to notify the government every time I change residence, visit any other jurisdiction for a designated time, travel from state to state, plan to leave the country and for a plethora of other reasons, (h) I face a myriad of impossibly complex laws across the country if I wish to move or simply travel in or out of the country, i) I must report at least once a year in person for the rest of my life, monthly if I become homeless, and every time I enroll or unenroll in school or change any information that the state requires me to report, which means that I may have to report at the very minimum 25 times in the next 25 years, plus since I am enrolled in college, I must report at least 50 more times ( each time I start or end a semester, (fall, spring and summer semesters)) in the next 10 years and for an unknown amount of times for other reasons such as information changes or, if I become homeless (which is a real possibility and which I have already had to endure), then we are talking about hundreds of in-person onerous reporting sessions and contact with law enforcement. Failure to comply will result in the return to prison for a lengthy time, and then I will be subjected to the subsequent intensive and life debilitating consequences of parole once again and be placed right back into the same regime that becomes a never ending cycle of incarceration and supervision. Right to Travel/Association.... I do face residency and presence restrictions, a matter of fact there are 32 pages of them...I did not make a claim against Jessica's Law Sections 3003 & 6608.5, but merely used it as an example that the local municipalities were using as a springboard. I never mentioned I was subject to it. >>>>>>>>32 pages of local ordinances for Ca alone. http://all4consolaws.org/wp-content/uploads/2012/04/290CaliforniaOrdinancesCity_20130128.pdf Which is directly connected to the DOJ. and their official actions. I would not be subject to these ordinances if I was not subject to CA's version of SORNA........ 152. Therefore: I am entitled to relief because: (a) I am very concerned that I will inadvertently violate any number of these requirements because I do not understand what they are; (b) I am and will be subject to criminal liability despite the impossibility of compliance; (c) I fear that, despite my best efforts to understand and comply with the laws, and despite the absence of any intention to violate the law, I will be held criminally liable for any failure to comply; (d) I know that I can be punished with prison even if I do not know if a particular act or omission is illegal, because the laws impose criminal liability solely on the basis that the defendant “knowingly or with reason to know” commits various innocent acts; e) I cannot visit family or friends in the exclusion zones; f) I do not know if I can or cannot participate in protest or gatherings in the exclusion zones; g) I cannot travel freely intrastate, interstate, or internationally; h) I cannot participate in my child’s or grandchild’s upbringing because I cannot attend normal activities that are in the exclusion zones; i) it is virtually impossible for a person of average intelligence to comprehend and comply with the plethora of laws across this country concerning sex-offenders and exclusion zones; j) if I am out of state or out of the country and have a family emergency or am involved in some kind of natural disaster that requires me to travel on a moment’s notice, I cannot comply with the onerous reporting requirements; k) If there is a natural disaster I cannot shelter or even be present in most crisis relief facilities, or take advantage of the federal or state assistance that many of these facilities offer, simply because most are in schools or other places on the exclusion zone listl l) no person of average intelligence, including myself, can understand and interpret how to comply with all of these laws all at once. Meanwhile, law enforcement only needs to find my having violated just one–even innocently–to arrest me; m) these laws punish even innocent behavior, and are thus overly broad and unconstitutionally vague. Unreasonable, arbitrary oppressive official action....... 194. I am entitled to relief because: a) The registration scheme is unreasonable in that it subjects me to a lifetime of registration when I have a less than one percent re-offense rate; b) it has not been confirmed that I pose a cognizable risk of re-offense high enough to justify my inclusion on the registry; c) the registration scheme is completely arbitrary since it applies to me when I do not pose a risk for re-offense any higher than the general public, d) the registration scheme achieves no legislative objectives and actually exacerbates my risk for re-offense; e) the registration scheme is oppressive because I cannot leave my house without fear of being attacked (which has already occurred); f) I cannot find meaningful employment because of my inclusion on a public registry; g) I am severely restricted or completely banned in what occupations I may pursue because of the exclusion zones; h) I am fearful of buying new vehicles because my property will be vandalized, (which has already happened); i) I suffer housing restrictions and exclusion due to HOAs because most HOAs will not allow ex-sex-offenders to move into their neighborhoods; j) I cannot buy or move into homes without fearing that I will be forced to move because of some retroactive law that gets passed against ex-sex-offenders or for fear that my property will be vandalized or even destroyed by vigilantes; which is happening all across the country; k) I cannot attend higher education institutions or Universities of my choice because many are in exclusion zones, l) I am banned from a multitude of public and private establishments such as libraries, town halls, community centers and Internet sites such as Facebook.com; m) I cannot gain more insight or knowledge of the world around me simply because of all the rules, regulations and restrictions across this country that are outlined in this motion.... Substantive due process........ 222. I am entitled to relief because, a) the government is violating multiple constitutional liberties as outlined in this motion (see, issues 1-9) and is not providing me with any meaningful way to contest my inclusion in/on the public registration scheme, b) the legislature is over stepping its authority by enacting and imposing regulations that restricts or regulates perfectly innocent conduct well after the punishment phase of a conviction is completed, c) the legislature is taking discretion away from the judicial branch of government by punishing ex-offenders under the guise of civil regulations, d) the government has not met its burden of proving with clear and convincing evidence that I pose a danger to public safety before subjecting me to these restrictions and regulations, e) the justification for these laws has been thoroughly debunked, f) these laws do not further any legislative objectives of preventing sexual abuse, reducing recidivism, or increasing public safety in any way..... Ex Post Facto...my offense was in 2004 and I was sentenced in 2006 before all these residency and presence restrictions in this state and across the country were enacted. It also applies to IML. Like you stated Ca is the springboard for the application of all these laws so there is a direct connection between the DOJ officials and these constitutional violations. 233. I am entitled to relief because: a)I am facing punishments in multiple states across the country that were enacted well after my conviction and sentence took place, i.e. residency and presence restrictions; b) I am being subjected to punishments in California that have been enacted well after my conviction date, i.e. residency and presence restrictions; c) I am being subject to a myriad of reporting requirements and punishments that have been enacted by the federal government well beyond my conviction date, i.e. IML, government sanctioned Angel Watch Program; d) I am being subjected to “conditions of registration” that are as severe as, or more severe, than the conditions of parole supervision when I am supposed to be, and am, a Free Citizen that is no longer under the supervision of the state or subject to the criminal justice system.... Separation of powers.... 309. I am entitled to relief because: a) I am subject to residency and presence restrictions and I am being directly targeted by the legislature with the plethora of unconstitutional laws as outlined in this motion numbered 1-8; b) I am being specifically targeted by the legislature that classifies me as a sex offender and implies that I am potentially dangerous without any judicial findings or hearings to prove such facts, and I am entitled to a hearing where the government must prove beyond a reasonable doubt that I continue to pose a threat to public safety enough to justify these laws; c) I am being singled out by the legislature with legislation that punishes me beyond my completion of the punishment phase of my sentencing, See claims 1-9; d) I do not have the same feared characteristics as many members of this class such as habitual or violent offenders; e) the legislation is not narrowly tailored; f) I have no way of contesting my inclusion on the registry, so therefore I am forced to endure this system against my will for the rest of my life even though I am a FREE Citizen of the United States; g) the severity of the burdens imposed by these laws can no longer be said to simply further any legitimate legislative intent; h) the claimed effectiveness of these laws and the justification for these laws have been thoroughly debunked; i) the legislative branch is overstepping its authority by imposing punishments that are the role of the judicial branch; j) the legislature is aware of the extremely low re-offense rates and the ineffectiveness of the registration laws but continues to enact laws that are further marginalizing me and making reintegration in to society virtually impossible; k) the legislative intent is clear in their statements and their actions on this subject, these are punishments disguised as civil regulations..... Cruel and unusual punishment..... 325. I am entitled to relief because: a) the sex offender registration and notification laws are subjecting me to so onerous, far reaching, and vague regulations that is impossible for me to comply; b) My family and I am being subjected to verbal and physical attacks, and acts of vandalism, because of my inclusion on the public registry; c) I am being deprived of life, liberty, and any resemblance of a normal life; d) the sex offender label is effectively banishing me from the general public and forcing me to a life living on the fringes of society because I will not make personal relationships, or even associate with colleagues, or in several cases not even with friends, for fear that they will find I am on the publically accessible website; e) the registration scheme is extremely excessive in relation to my offense; f) I am being subjected to countless retroactive laws that have been passed since my conviction occurred; g) I cannot live or even associate with a large part of my family, friends or other associates because of state codes and exclusion zones; h) I am being subjected to overwhelming psycho social pressures that is inadvertently having a direct and severe negative impact on my mental health; i) I live in constant fear that I may inadvertently violate one of the myriad of laws and go back to prison, not for committing a crime, but for simply participating in normal, everyday, innocent, and legal activities; j) I feel that I am subject to a lifetime of parole; k) the registration laws have the effect of banishing and ostracizing me from my communities. Involuntary servitude... 337. I am entitled to relief because: a) I am forced into a contractual agreement (sex offender registration form and agreement (T.O.S.)) through coercion and under duress, under color of law and threat of imprisonment; b) I must report at least once a year in person for the rest of my life, monthly if I become homeless, and every time I enroll or unenroll in school or change any information that the state requires me to report, which means that I may have to report at the very minimum 25 times in the next 25 years, plus since I am enrolled in college, I must report at least 50 more times ( each time I start or end a semester, (fall, spring and summer semesters)) in the next 10 years and for an unknown amount of times for other reasons such as information changes or, if I become homeless (which is a real possibility and which I have already had to endure), and when I wish to travel outside the country or enter other states, now we are talking about hundreds of in-person onerous reporting sessions and contact with law enforcement; c) It cost me thousands of dollars in lost wages and travel expenses to comply with these registration requirements, that I am not being compensated for; d) Failure to comply will result in the return to prison for a lengthy time, and then I will be subjected to the subsequent intensive and life debilitating consequences of parole once again, and be placed right back into the same regime that becomes a never ending cycle of incarceration and supervision. I really don't see how I could be more thorough or precise in stating my claims. Just because my claims are expansive and include so many issues does not negate any one of them. I want and deserve an answer to each and everyone of them. I finished the semester so I have until a few weeks to get this done and prepare for the hearing....
  • David Kennerly, "In the long list of all of your problems, I'm the least of them" December 14, 2017 at 7:43 pm on IN: ACLU says sex offender law is tougher on new HoosiersThank you! This is a good analysis (as far as I can tell) of the 14th Amendment's effects: http://www.annenbergclassroom.org/page/fourteenth-amendment
  • AJ (@mike r) December 14, 2017 at 7:06 pm on General Comments December 2017@mike r: I stumbled across a SCOTUS cert petition that nicely lays out the argument comparing the AK statute in Smith vs. SORNA, which was enacted after Smith (www.cocklelegalbriefs.com/wp-content/uploads/2011/10/25442-pdf-Droney.pdf). Don't get too wrapped up in the cert itself, rather focus on PDF-pages 9-21, especially towards the end when the petition gives a detailed contrast of how SORNA-based laws are *nowhere near* what SCOTUS considered in Smith. Also be sure to read the original District Court decision, starting on PDF-page 25. The case was dismissed due to the pro se litigant failing to make a claim--something the AG raises in the motion to dismiss. You can expect almost the exact same arguments from both CA and US AGs regarding your suit. You may well wish to amend your complaint to state claims.
  • who removes from list December 14, 2017 at 6:19 pm on PA: Legislature to address Pa’s sex offender registration lawsHouse Bill 1952 Is a revised version of Megan's Law 3, with an added phone call in option for good behavior. Blah Blah. But Megan's Law was never deemed unconstitutional for being punishment, only for the single subject rule. House Bill 1952 is written to address Muniz and give Muniz exactly what he argued, "If I was sentenced back in 2007, I would of been under Megan's Law 3, so those guidelines is what I would be complying with." House Bill 1952 says this, I agree with you Mr Muniz. I agree with you completely. I will give you what you wanted and place all the sex offenders back onto Megan's Law 3 that were forced to be on SORNA. We will agree with you Mr. Muniz. We understand Mr Muniz that you will not have to register anymore. And we understand that others will not either. But Mr Muniz, what you argued is perfect, we still get to keep 10,000 so lifetime offenders on the registry and make them just come in once a year. So Mr Muniz, have a great day and enjoy your life. And be good, because the next time you commit a sex offense, buddy, you go onto SORNA. And wont get the honor of House Bill 1952. So with that said, this law will pass. This law will grab up anyone required to register under the Megan's Law 3 and make you comply with what guidelines you were sentenced too before SORNA. And the Commonwealth sits back and goes, "Well, they wanted relief, we gave it to them. Hahahahaha! My husband will be on for life. One time a year for life. With an option for 25 years. But what he knows is this it beats 4 times a year and internet identifiers. And all the other stuff required by SORNA. My husband took a plea in 2006. He was okay with honoring his Megan's Law 3 requirements, he doesnt agree with them but he did hold himself accountable for his Romeo and Juliet case involving a minor girl. His failure to register, internet identifiers, was a flook charge and thank God for Muniz, they are dismissed. Thank God for House Bill 1952. And he prays that the PA Supreme Court finds fault with it too. But for the time being, it is not SORNA!
  • Brian December 14, 2017 at 6:14 pm on PA: Legislature to address Pa’s sex offender registration laws@Paul Hey just want to say thank you for the clarification, just need to hear the right answer is all. I am aware Muniz is still in limbo, we should hear something from Muniz on the 16th , I could be wrong and have been many times, one thing I have strong feelings on is that Muniz will not be denied, f already knows it, yes this bill 1952 is a fix supposedly but people have pointed out unconstitutional parts of the new bill, I would have to do some digging to find the posts with the parts that are unconstitutional though. Many other states as we know have won their battles, Snyder vs Doe just won October 2nd 2017 as we know, they are still trying to figure out how to rewrite the laws now I have a good feeling that Muniz will win, 5 Pa Supreme Court Justice agreed on SORNA being unconstitutional being applied retroactively as I’m sure you know that, I think once they arrive in front of SCOTUS they will see the unconstitutional parts of 1952, Or I hope Muniz lawyer is made aware of those parts of the bill. Seeing is that they made it this far I don’t think his lawyer is dumb. I feel confident in Muniz and there are lots of courts that are upholding Muniz, I don’t think these courts want to go back and undo what has been done not to say they would never do that. Paul the only way we will all know is when all is said and done. Thank you again Paul.
  • norman December 14, 2017 at 6:04 pm on IN: ACLU says sex offender law is tougher on new HoosiersSo does California
  • AJ December 14, 2017 at 6:02 pm on TX: State law changed where sex offenders can walk within West Lake HillsThis Ordinance reeks of vagueness. "[P]remises where children commonly gather." What is the definition of "commonly"? Can a LEO give an objective description of that word? Under this usage, it would be illegal to be near a public pool during the winter when it's closed, as there's mention of children *currently* gathering. Similarly, one cannot go to a mall, even during school hours on a weekday, because "children commonly gather" there on Friday nights and weekends. Same with a movie theater...no matinees during school hours. The same vagueness applies to "legitimate purpose"? Can a LEO give an objective description of what is "legitimate"? Does this apply regardless of whether or not school is in session? Depending on the definition of "school safety zone" it may include the motor pool where the buses are parked, if the property is school owned. There's a Snyder-esque element to attack, too. Previously, the City provided information for where a RC could be, now they don't. The City is demonstrating they have information to help a RC comply with the law, but is actively withholding said info. This goes back to the question of from where are boundaries measured, and how is a person of average intelligence supposed to discern these boundaries? I love that these lawsuits are happening more and more. Aside from the money it costs the governmental body, every little win will start to cause legislators to think a bit more. It may be slow and incremental, but each loss *will* have an effect, as they will start to see "green light," they feel they have sometimes turns yellow and red, too.
  • michael December 14, 2017 at 5:59 pm on CA: We Are Now a Protected Class!what i'm curious about is it states this is part of the department of fair housing and employment. does that mean that rental applications for housing are no longer able to ask this?
  • AJ (@mike r) December 14, 2017 at 5:44 pm on General Comments December 2017@mike r: I'm working my way through the AK SC case that ruled ASORA (AK's SORA) to violate ex post facto. So far, it's some *really* good reading, and I think it will help with your motion in opposition, as well as in your suit. Note that this is the law that was the subject of Smith, and is the law the AG references in comparison to CA's ML. There are a number of items in the M-M factors that I think could be persuasive. I'm only into Factor 4, and am loving what I read. I'm collecting some thoughts and will get something written up for you in the coming days--perhaps not until Mon or Tue, though. In the interim, having some details from you would help, since I'm not in CA and looking things up will simply slow down my getting things to you. ***** Anyone in CA who has info to provide about the below questions is welcome to chime in! ***** 1. What items from Snyder apply to you? 2. What items from Millard apply to you? 3. In what ways does CA's ML surpass Smith? (From what the AG has said, there's almost no difference.) 4. What changes have occurred to CA's ML since (a) your offense and (b) since your conviction? 5. How soon after changes to your registration information (new car, new tattoo, significant weight change, new address, etc.) must you report the info to LE? (If there are different time frames, please state them.) From what the AG said, and to which I agree after reading Sections 3003 & 6608.5, you do NOT have residency restrictions or housing (for self) restrictions. As the AG informed, those apply to parolees and those formerly civilly committed, respective. To my understanding, you do have presence restrictions (can't be in or near K-12 schools). From reading Section 3030, you do have visitation, custody, and cohabiting restrictions.
  • AJ December 14, 2017 at 4:41 pm on IN: ACLU says sex offender law is tougher on new HoosiersIn no way taking from your Servitude point, I do have one point of order to make: the line from Packingham made no mention of custody. The parenthetical was, "[o]f importance, the troubling fact that the law imposes severe restrictions on persons who already have served their sentence and are no longer subject to the supervision of the criminal justice system is also not an issue before the Court." Custody and Supervision are not synonyms in law. Custody: The care and keeping of anything; as when an article is said to be “in the custody of the court.” [] Also the detainer of a man’s person by virtue of lawful process or authority; actual imprisonment. In a sentence that the defendant “be in custody until,” etc., this term imports actual Imprisonment. The duty of the sheriff under such a sentence is not performed by allowing the defendant to go at large under his general watch and control, but so doing renders him liable for an escape. (https://thelawdictionary.org/custody/) Supervising (they don't have supervision per se, but the phrase is readily modifiable): Regulating and monitoring a process or activity or tasks. (https://thelawdictionary.org/supervising/) Regulating and monitoring in no way is equivalent to being kept, detained, or imprisoned. Beyond that, the parenthetical says, "the law," as in the NC law banning social media usage. It does not say, "laws," or address any other single law or multiple laws. That said, I do agree that the parenthetical does show SCOTUS has concern about---is troubled by--restrictions placed upon people who have completed their punishment (prison, parole, and/or probation). How far that concern reaches, hopefully we find out sooner over later.
  • AJ December 14, 2017 at 4:14 pm on IN: ACLU says sex offender law is tougher on new Hoosiers@CR: You're most welcome. Don't ask me how I stumble across these things, and they sometimes become a blur. But, I have been slowly developing a filing system of folders on my PC, and this is the first and only one in the Freedom of Travel folder. 🙂 As for other States with laws like this, I vaguely recall reading on some lawyer's website that in 2002 or so, IL says anyone moving into the State is automatically a lifetime registration. I have never looked it up to confirm, but it wouldn't surprise me. As for what Michael touched on with the Full Faith and Credit, I wholly agree. I'd love to see someone challenge MS's law which says you only get credit towards registration for that time spent on MS's registry. MS has 15/25/life for tiers, so that means I could be 16 years down the road from a Tier I in MS, yet the moment I move to the State, I have to go *another* 15 years. Hmmm...that's also an Equal Protection Clause ("But for being a migrant/non-native...").
  • EddieV December 14, 2017 at 3:57 pm on Bill Would Eliminate Exclusions from Megan’s Law Website (AB 558)What state if I may ask
  • C J December 14, 2017 at 3:36 pm on General Comments December 2017Witten vs Mississippi dealt w PC 1203.4 and Miss registration. A supreme court jurist named 'Bubba' (you can't make up this kind of s***) said a California dismissal doesn't meet their definition of dismissal. Witten lost 5-4. Stallworth vs Mississippi was a Maryland expungement that failed at first then he went back a few years later and won 6-3.
  • Facts should matter December 14, 2017 at 2:59 pm on TX: State law changed where sex offenders can walk within West Lake HillsPretty soon we're going to need a hall pass to walk outside where we live! Pathetic.
  • AlexO December 14, 2017 at 2:49 pm on IN: ACLU says sex offender law is tougher on new HoosiersAin't that the truth. I remember my lawyer urging me to settle on one aspect of my case in order to solidify my case with the particular judge before she moved to a different court. The judge that replaced her was much more conservative. She knew the judge outside of the courtroom and knew how she felt about and dealt with cases like mine. I feel pretty lucky having my case go the way it did and it very much had to do with my lawyers knowledge of the judge.
  • CR December 14, 2017 at 1:51 pm on IN: ACLU says sex offender law is tougher on new HoosiersI don't believe that is implied. As far as IML goes, you're a registrant everywhere you are required to register. The issue here is that Indiana doesn't make it's native citizens who committed sex offenses prior to the effective date of their Megan's Law register, but they do make residents who move there from other states register, even if the new resident's offense occurred before the effective date of the law.
  • New Person December 14, 2017 at 1:25 pm on IN: ACLU says sex offender law is tougher on new HoosiersInteresting. So in all technicality, you are not a registrant in any other state except the state where your conviction exists? Doesn't this run contrary to the IML?
  • New Person December 14, 2017 at 1:20 pm on IN: ACLU says sex offender law is tougher on new HoosiersActually, Justice Kennedy alluded to how to beat down the registry with his parenthetical quote in Peckingham v NC. He queried about the continued restrictions on a person who already finished being under custody. The key word in the parenthetical is "custody", implying serving the state. You can force a person to comply with restrictions when he or she is under custody, meaning serving the state as they're serving their term of punishment. The individual is compelled to do it b/c it's their punishment. But the registry was enforced upon a person no longer serving the state, no longer under custody. No one can force a service upon anyone save to punish a crime. 2003 Smith v Doe categorized the registry as not punishment. What is lost is the fact the registry was born out of a crime. Thus the state is forcing a person to continue to serve the state after completing their punishment custody. A state cannot force a person to continue service if their punishment has been completed. Therefore, the state is forcing a person into service to the state that is not punishment. 13th Amendment: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. That's the key word: Punishment. Key phrase: except as a punishment for crime whereof the party shall have been duly convicted Punishment implications: A person is under custody of the state and abide to all the compelled services, including restrictions. Registry: A person is still under custody of the state b/c it must abide to all the services by the State, including restrictions. The registry was born out of conviction. Conclusion: There is only one exception of compelled service in the USA, and that is to punish a crime. Anything outside of punishment that compels an individual into any type of service they cannot leave without penalty above wage or occupation is prohibited. Again, only one exception. Involuntary servitude exists, but judges and people are willing to overlook the 13th amendment due to a counselor advertising their program with unsubstantiated rates that was extremely high to the point the SCOTUS denoted the recidivism rates were "frightening and high". By Megan's Law, it states "it is a duty to register". The registry isn't punishment and punishment is the only exception for compelled service, including restrictions as you are serving the state by abiding by those restrictions. Thus, the registry shall not exist as plainly stated in the 13th amendment. ===== If the registry becomes re-categorized as punishment, then all registrants can now use double jeopardy law suits. 4 classic factors of involuntary servitude: 1. Contract. (born out of conviction, but is not called punishment.) 2. Term. (in some states, it's a life time term of service. That's a red flag.) 3. Compensation. (There is no compensation. In some states, you pay for your own registration.) 4. Domineered. (The inability to leave your service with no penalty higher than loss of wage or job. For registrants, we are domineered by law to continue to servicing the state. Should a registrant not register (failure to register), then he or she will be hunted down by cops, possibly felonious punishment, and then returned to service. Remember, the registry is not punishment.)
  • CR December 14, 2017 at 1:10 pm on IN: ACLU says sex offender law is tougher on new HoosiersThank you for posting the link to Saenz v Roe again. I've made a note of it this time. It seems like it may be a very useful case to keep in mind. I wonder if ACLU references it in their briefs? Is anyone aware of other states like Indiana that impose their registration laws differently on new residents versus native residents?
  • AlexO December 14, 2017 at 1:04 pm on TX: State law changed where sex offenders can walk within West Lake HillsWow, what a convoluted law! "The ordinance also doesn’t apply if the offender is going “immediately to or from” a parole office or other court-mandated destinations, or if the offender was in or near a child safety zone “for a legitimate purpose,” including transporting a child they are allowed to be with." So apparently if you need to go grocery shopping you have to a huge alternative route. Because its impossible for you to offend on your way to drop off your kid or to see the PO but guaranteed to offend if you need to do anything else. There should be criminal consequences for legislature that crafts crap like this. We can't fart without risking prison but they get to destroy peoples lives for votes.
  • The Original Michael December 14, 2017 at 12:41 pm on CA: We Are Now a Protected Class!In PA, a conviction may only be used to the extent that it relates to the job you are applying for. So, a bank could use an embezzlement or bank robbery conviction, but not a conviction for possession of ganja. ....
  • The Original Michael December 14, 2017 at 12:35 pm on CA: We Are Now a Protected Class!What is stopping them from doing background checks with any of the companies on the Internet after receiving your application or resume? ....
  • Michael December 14, 2017 at 12:19 pm on Bill Would Eliminate Exclusions from Megan’s Law Website (AB 558)That would actually depend upon the state, or more importantly, the state courts. Treating the new resident from CA differently than a person who was convicted of the same or similar enumerated offense violates the Equal Protection Clause of the U.S. Constitution. So, if a person who had to register for life in CA moved to WA, and the registration requirement for his offense in WA was 10 years had he been convicted there, then forcing him to register for life violates the Equal Protection Clause. Moreover, each state should be giving credit for time on another registry. Not doing so violates the Full Faith and Credit Clause of the U.S. Constitution. ....
  • Michael December 14, 2017 at 12:01 pm on IN: ACLU says sex offender law is tougher on new HoosiersYou can't just attack the law. The makeup of legislatures need to be changed. ....
  • Michael December 14, 2017 at 11:57 am on IN: ACLU says sex offender law is tougher on new HoosiersIt makes no sense that the PA legislature considers most crimes requiring registration sexually violent, even if no violence occurred.
  • PK December 14, 2017 at 11:25 am on Airbnb uses background checks to weed out sex offenders"Airbnb, Inc. has made the determination to permanently deactivate your account due, at least in part, to the following information contained in that consumer report: – Registered Sex Offender Match…” This information is actually contained in a Consumer Report like TransUnion?
  • James December 14, 2017 at 11:18 am on CA: Federal Judge Grants Injunction in Favor of RegistrantIn light of these recent developments where CDCR DAPO has been exposed by a federal court judge in terms of their practice of denying free speech, the free exercise of religion, and the free petitioning to the courts without fear of retaliation, I wonder how the governor is going to respond to this and if there’s gonna be changes within the department itself.
  • New Person December 14, 2017 at 9:58 am on IN: ACLU says sex offender law is tougher on new HoosiersYup. I was gonna bring this point up as well. As a class, they'll see it as a conglomeration, a group of monsters. As an individual, you can sell that you're a human being. Thus, if one human being who registers can have his or her rights violated, then it is feasible to connect that it can affect other human beings who register. That's what this Colorado registrant lawyer did, she knew how the state judicial system works and who was her judge. I'll reiterate a quote that someone else said that's on point about this: A good lawyer knows the law. A great lawyer knows the judge.
  • AJ December 14, 2017 at 9:20 am on General Comments December 2017@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?
  • AJ December 14, 2017 at 9:15 am on Airbnb uses background checks to weed out sex offendersThey ping the DOJ with user info, and if there's a match, the DOJ tells them of the RC. It's plainly and clearly in AWA, though I don't have it at hand.
  • AJ December 14, 2017 at 9:04 am on IN: ACLU says sex offender law is tougher on new Hoosiers@CR: The case was Saenz v Roe (https://www.oyez.org/cases/1998/98-97 or https://en.wikipedia.org/wiki/Saenz_v._Roe). Ostensibly it was about public aid, but it's roundly viewed (and used) as a freedom-of-travel and a Privileges and (or, "or" from the 14th) Immunities case. P&I is exactly what you're talking about: a State cannot treat non-citizens or newly arrived citizens differently than it does its native or long-term citizens. As Michael correctly pointed out in responding to another recent post of mine, there's also (perhaps more than P&I) an Equal Protection issue. As I've previously posited, pretty much anytime one can say, "but for being other than a native...," there's probably an Equal Protection claim. Example: "But for being a migrant to IN and not a native, I would not have to register."
  • Sam December 14, 2017 at 9:00 am on AUS: Pedophile stopped at Sydney Airport by anti-sex tourism lawThe thing with this for me, Australia's registry isnt public. And if the crime isn't a Megan Kanka kinda case they can get off the registry in a few years time according to their website. I did notice when I had gone to Thailand and Indonesia that the majority of Australian men I had seen were in their older years and riding around with what looked like little kids who were dressed like prostitutes. I'm about 90% sure they were not their adopted kids or even related by the way they were "together" in public. The thing is these guys most likely weren't on their registry but retired or semiwealthy people living there on a visa. Prior to IML I had actually planned on moving to Thailand and working at a kickboxing camp. When I contacted the embassy the only requirement criminal record wise was that I hadn't commited a crime there as they believed if you had served the sentence for the crime you had paid for it enough.
  • totally against public registry December 14, 2017 at 8:54 am on CA: Federal Judge Grants Injunction in Favor of RegistrantI dido that! 🙂
  • RM December 14, 2017 at 8:41 am on General Comments December 2017@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.
  • Paul 2 December 14, 2017 at 7:47 am on PA: Legislature to address Pa’s sex offender registration lawsHell yah sign me up too We should be able to get a class action to shut site down until they get their shit together
  • Jim December 14, 2017 at 6:19 am on Bill Would Eliminate Exclusions from Megan’s Law Website (AB 558)That depends on each state has there own laws.
  • Mike S December 14, 2017 at 6:17 am on PA: Legislature to address Pa’s sex offender registration lawsMy biggest issue with this new law is exactly what Paul has stated, law goes into effect as soon as Wolf signs it and RCs have their liberty at stake of they don't go running to a PSP station to go through a process that is reserved for people being arrested. Not that I have to make this point to the audience on this site, but being fingerprinted for ML and being fingerprinted for a professional licence, FBI background check, or to be the lunch person at you kids school is NOT the same thing. I, for one, will not be waiting for PSP to get off their asses to get to my file. Currently there are ~2000 tier 1 RCs. The PSP should be reviewing their "Files" as these are the people that should be first to be removed. Its pretty simple because they went though all this BS last year because of A.S. Now they are claiming 18 months to review 20,000 records. I have instructed my attorney to call the second the bill gets signed and if they don't take me off, file a $1m defamation suit in State and Federal courts.
  • C J December 14, 2017 at 6:04 am on General Comments December 2017There 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).
  • Paul 2 December 14, 2017 at 5:13 am on General Comments December 2017If we only had more journalist like this guy.
  • mike r December 14, 2017 at 3:34 am on General Comments December 2017Ah they wouldn't let me post it or something, probably because it isn't published maybe. https://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf try this. Man you guys might have already saw this but I never really read it until now.....Must read if you haven't................
  • kind of living December 14, 2017 at 3:23 am on AUS: Pedophile stopped at Sydney Airport by anti-sex tourism lawstupid uninformed article , if people are not being watched when they are there , how do they really know what they are doing ? from what I understand is that there are many things to see , and the food is great , and as far as the party seen go's there are many women that are of legal age to date . I have never been there , but would love to see it , but the way things look who would want to go there if everyone thinks that all people do is go down there to hook up with a child ? I have met many ladys from there and they were not just nice but very interesting well over 21 . once we end up on this registry everyone acts like thats all we think about is SEX , when I found my wife I was just looking for friends , and she was and is just that a best friend , but we were just friends for a long time , she loved motorcycles , and I rode a lot , so we had a ball ! but sex was not part of it for about 2 years , we enjoyed just hanging out , and helping each other with hard ships that was going on in our lives at that time , who new that this stupid registry would still be hanging over us this many years on down the road ? the only thing that strains our relationship is this registry ! !! we cant really go anywhere any more , it use to be that camping for two weeks was just a tease , set up camp , and take off riding , now we have to turn in to pumpkins in five days , and that is bull crap , when I first went on the registry it was to LE only and the registry was not so much in the way , now its in every aspect of our lives ! people spreading roomers no matter where we go , I have known my land lord for years and the land lord had know idea of my past , then one day some witch hunter came in here and gave him a flyer with my mug on it , so much for CA land lords not looking into your criminal past , the witch hunters will just hand it out , I seen the people that did it too , drug dealers talking like they would not want them living next to me , ass mites were lucky because it took me a min to figure out what they were doing , now next door they do the same thing , just when things started smoothing out and people gave me a chance , "respect was nice" then the guy moved back in next door and it all started over again , with not just his wife running her flapper , but his punk asssss as well , really I am sick of this , sorry about AU and all , but its years over do , its time to bring this registry down , like I said I could deal with to LE only , at least then my family is in no danger that way because of foolish witch hunters , any way its 3:15 AM and I need to rest at some point , have a great X Mas and a happy new year !
  • Paul 2 December 14, 2017 at 3:10 am on PA: Legislature to address Pa’s sex offender registration lawsOnly 1 percent get arrested. How big is the problem? In 2015, 10,265 people died in alcohol-impaired driving crashes, accounting for nearly one-third (29%) of all traffic-related deaths in the United States. Of the, 1,132 traffic deaths among children ages 0 to 14 years in 2015, 209 (16%) involved an alcohol-impaired driver. In 2015, nearly 1.1 million drivers were arrested for driving under the influence of alcohol or narcotics. That’s one percent of the 111 million self-reported episodes of alcohol-impaired driving among U.S. adults each year. Drugs other than alcohol (legal and illegal) are involved in about 16% of motor vehicle crashes. Marijuana use is increasing and 13% of nighttime, weekend drivers have marijuana in their system. Marijuana users were about 25% more likely to be involved in a crash than drivers with no evidence of marijuana use, however other factors – such as age and gender – may account for the increased crash risk among marijuana users.
  • mike r December 14, 2017 at 3:05 am on General Comments December 2017Man this sure seems like a no brainier with this report, how much better could it get? I know I used part of this and cited it I never read it. This is incredible .
  • Paul 2 December 14, 2017 at 2:57 am on PA: Legislature to address Pa’s sex offender registration lawsHere is a start to a crazy comparison to show how restarted the reg laws are. Any offense on reg = You're a pedophile and a danger to the public 1st offence DUI lowest BAC = You're an alcoholic and a danger to the public How many people with a DUI reoffend? How many people on reg reoffend? Lets make a DUI reg so that it can be checked so people on reg can't buy alcohol or be within 1000 ft of it. Lets take their drivers license for life. oh yah they can't travel to another country for vacation or work because its shown that people drink when they go out of the country. I think we could make a really nice power point for the legislature based on this comparison and simply ask them How many of you have drank more than two drinks in an hr and drove a vehicle? Because the fact is driving drunk is a real danger to the public. SVP = a guy with 5 DUIs in past 10yrs CP RO = 90% of people in congress that have driven after2 drinks in an hr hmm?
  • Paul 2 December 14, 2017 at 2:27 am on PA: Legislature to address Pa’s sex offender registration lawsThey are hoping this still gets them funding, But if you look at it they pretty much changed it all. We have to look at it this way these F tards took no testimony or input from the experts and opposition so they have most likely messed this new bill up, in the eyes of the PASC. The new bill tells us who the people are that are getting relief. We are at PSPs mercy to follow the rules. If Muniz pans out, then there are going to be other people challenging this law in order to get relief based on Muniz and others. We will see what PASC has to say about this. We need to support people like Aaron Marcus and others that are actively fighting this on our behalf. We also need to comment on news articles and outline to the public that the politicians are the ones that to this date have not listened to the experts, and that they are the ones that keep screwing things up and costing tax payers money and trampling on peoples rights, all in the name off votes.
  • Who Removes from list December 14, 2017 at 2:21 am on PA: Legislature to address Pa’s sex offender registration lawsThank God, because I thought my husband was going to tell them his 5am @hits is a fun and relaxing past time! As he drink his instant coffee for breakfast. Thank God, they wouldnt do a compliance check on our @hitter.
  • Paul 2 December 14, 2017 at 2:01 am on PA: Legislature to address Pa’s sex offender registration lawsBrian you need to look at what people have said about Muniz relief vs this new amendment If this bill didn't pass then all pre SORNA people would have got relief No one knows what PSP is going to do. I have seen they think they have 18mo to take people that will revert back to 10yrs off reg. By what I have seen, they think a person that, lets say has an IA7, that was a 10yr reg in 2003, went to life reg in 2012, and now the new bill says back to 10yr reg, PSP thinks they have 18mo to identify them and remove them from reg. My idea is, if this an amendment then a person with an IA7 10yr would only have to update once a yr on their anniversary date. But I think for a person that has finished their 10yr reg, PSP thinks they can keep that person registering until they get around to removing them. So that person has three choices 1. ignore anything PSP request and not update any info. 2. File a writ to speed up removal 3. Keep doing what PSP tells you to do and hope they take you off sooner than later. For people that are life from ML 1 2 3 and didn't have their time increased by SORNA they will only have to reg one time per yr Name, Full Home address, city and state where they work no street address, and Vehicle that is owned or registered in your name. Muniz is still in limbo, according to PSP and if it gets reversed we are all fukd. Most people are saying that it will get denied, so if it gets denied we can still challenge this new bill, Aaron Marcus said he sees some things with SVP that are not right and my guess is there are other things not right about this bill. People that have already had their cases decided based on Muniz and Butz will be the first to challenge this new bill. But if you had any change to your reg by SORNA then they have to fix it and they think this new bill does it.
  • Paul 2 December 14, 2017 at 1:34 am on PA: Legislature to address Pa’s sex offender registration lawsWRFL You are reading the part for transient people listing where they eat. If you are not transient then you don't have to provide it.
  • Mike s December 14, 2017 at 1:03 am on PA: Legislature to address Pa’s sex offender registration lawsThat section is referring to homeless RCs. Read the paragraph above it.
  • Sam December 14, 2017 at 12:36 am on Airbnb uses background checks to weed out sex offendersI'm not sure how they even check. I actually still have my account and have used it every time I've gone to stay somewhere. I though they were just doing it for people who host air bnb. Anyway to avoid this just have the wife book instead or if you get lucky just book one night and pay the rest in cash. I did this in Korea when I was there. Found a lot of places I could stay for free so long as I worked the front desk for 3-4 hours a day
  • David Kennerly, "In the long list of all of your problems, I'm the least of them" December 14, 2017 at 12:26 am on Airbnb uses background checks to weed out sex offendersI'm trying to figure out how to get around their prohibition on being an AirBnB HOST, as well. I believe that I have figured that out although I'm not going to publicize it. Yes, it is maddening to see how thoroughly integrated into society the Registry has become at the expense of our dis-integration from society. I'm sorry to hear about your mother. I went through the same thing until she died earlier this year. It's pretty awful to see them gradually disappearing behind an ever-growing incomprehension.
  • welcome to the club December 14, 2017 at 12:19 am on Save the Date: ACSOL to Host Conference on June 15 and 16, 2018By 2021/2022, my 99R score will be seven or eight years old (not as old as yours, but still well over the five years that the original score is supposed to be "halved" by). Very similar situation to you, as I am currently unlisted. No other criminal history other than the one conviction (which happened in my mid-twenties). So obviously, I completely empathize with your potential situation -- as I face the same prospect. A prospect that I hope will not come to fruition. If I am not mistaken, I think Frank also had this happen to him when the Megan's Law website came online? Again, like you, I hope not to have to experience this. I can only imagine what will happen to my living situation, job situation, etc. God-willing: Janice, ACSOL, ACLU -- or someone else -- will fight the prospect of any person who had been previously unpublished from being "outed" or "all of a sudden" (as you say) being published for the only reason of a high Static. Actually, NO ONE, regardless of Static score, should be suddenly "outed" if they've managed to live a peaceful life for many years after release. Like you say, why would publication be suddenly necessary after many years without it? Especially when such publication takes no account for offense-free years in the community? If registration WAS considered punishment, then sudden publication WOULD be Ex Post Facto punishment, in violation of Article I, Section 10, Clause 1, of the U.S. Constitution. Also, here is what former Attorney General Eric Holder had to say about "risk-assessments" like the Static-99R: "In 2014, Eric Holder, then the U.S. attorney general, articulated the uncertainty swirling around these tools in a speech given to the National Association of Criminal Defense Lawyers’ 57th Annual Meeting. 'Although these [risk assessment] measures were crafted with the best of intentions, I am concerned that they may inadvertently undermine our efforts to ensure individualized and equal justice,' he said. 'They may exacerbate unwarranted and unjust disparities that are already far too common in our criminal justice system and in our society.'" SOURCE: http://www.abajournal.com/magazine/article/algorithm_bail_sentencing_parole
  • Rich December 13, 2017 at 11:24 pm on Airbnb uses background checks to weed out sex offendersApparently I didn't notice any disclaimer on airbnb's website when I signed up more than a year ago and booked a stay when my partner and I traveled to visit my mother who is in an Alzheimer's care facility. That host gave me a five star rating, so this afternoon we booked an overnight stay with another host in two days time to visit Mom. The new host approved my two small dogs and even offered to drop the extra normal cleaning charge so I booked the room and went off to my part-time minimum wage job assuming my plans were written in stone. When I got home this evening I discovered a nasty email from airbnb, "We regret to inform you that, at this time, Airbnb, Inc. has made the determination to permanently deactivate your account due, at least in part, to the following information contained in that consumer report: - Registered Sex Offender Match..." Thanks for calling that to my attention, airbnb. Even a "low risk" on my background check didn't help. Sorry Mom. Fortunately, she forgot about my past. Unfortunately, she forgot about just about everything else, too.
  • Tim Moore December 13, 2017 at 10:23 pm on AUS: Pedophile stopped at Sydney Airport by anti-sex tourism lawI try to point that out to people, be not having any success. The language of the sex panic is set in people's minds now. They lump all sex crimes together and don't distinguish between a mental condition and a crime. It is what happened in the drug scare of the 80's and 90's when it didn't matter if you where an addict, a dealer, took lots of drugs or had one joint in your pocket, you became part of large conspiracy to destroy decent society and corrupt children. Now people are starting to regret the war on drugs, but go ahead and revise the propaganda recycled for the war on sex.
  • David Kennerly, "In the long list of all of your problems, I'm the least of them" December 13, 2017 at 10:11 pm on PA: Legislature to address Pa’s sex offender registration lawsThe courts are able to invalidate parts of a law so that the revised law, minus the unconstitutional bits, still stands.
  • Facts should matter December 13, 2017 at 9:09 pm on IN: ACLU says sex offender law is tougher on new HoosiersReve Walsh and Maureen Kanka should've been charged with contributory negligence in the deaths of their own children, but NO... they whined to lawmakers to purge their OWN GUILT and failures as a mother. John Walsh even had the GALL to sue Sears for "lack of security." Pfftt.. How is it okay to create something to make some people feel safe while putting other's safety in jeopardy? The registry does not keep anyone safer, wastes time and resources, and just breeds more and more hate and ignorance on a daily basis. I'm beyond sick and tired of this crap.. It's systematic and orchestrated abuse and neglect - cruel and inexcusable. Hell, it's actually a form of terrorism and torture.. The propaganda and fear rhetoric doesn't match reality.
  • matthew December 13, 2017 at 8:49 pm on General Comments December 2017Has anyone brought up the issues the registry brings on possible identity theft? A simple criminal can use information from either megan's law or 3rd party websites to look up any person's full name, address, identifying marks, etc It may be a longshot but it can be one more reason.
  • James December 13, 2017 at 8:37 pm on IN: ACLU says sex offender law is tougher on new HoosiersPlease don’t insult Janice and the ACSOL staff like that. They’re doing a great job standing up for RCs through the many court battles they’ve won and lobbying efforts they’ve spearheaded to bring back some decency and normalcy to the lives and families of those affected by these irrational, oppressive, and fear mongering laws and the politicians and “victim” advocate groups who back them. I’m confident that Janice and team have a strategy in mind in bringing down these registration laws as more and more research come out in support of repealing these Draconian registration laws and more court battles are won in that regard. You are right about one thing though. Timing is everything but who are you to say that now is the time? But I am hopeful and pray that that time is coming where SCOTUS reverses itself on the point that registration is akin to getting a Price Club membership.
  • T December 13, 2017 at 8:06 pm on FL: Death of sex offender in Georgia State Prison suspiciousSo basically CO's and other inmates would be involve in secret plots to assault inmates convicted of any sex offence only to be recognised as heros to the public and the media for what they have done but what they've done is a crime and so therefore they're the real criminals right?
  • Jon December 13, 2017 at 7:20 pm on PA: Legislature to address Pa’s sex offender registration lawsHere’s a stupid question… in looking at hb1952 i noticed it says an ammendment. Are they simply ammending (changing) the enhancememts and such for the parts that were ruled unconstitutional – and not creating a NEW law? If so that would explain why presorna would revert to their original sentences… i am learning a lot, but will admit there is still a lot i dont know – can they do that legally? Like if the law is ruled unconstitutional can they just go and fix it and take out the bad parts and have it be ok, or does the whole unconstitutional law get tossed?
  • Lake County December 13, 2017 at 7:04 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantYou're not doing your son any favors if you end up missing him growing up while you're in prison.
  • Jeff December 13, 2017 at 6:45 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantIts Great, Looks like the EVIL CDCR has been brought to its knees by this. The CDCR a.k.a parole THUGS (San Diego) Continue to break the LAWS ALL THE TIME and make threats... I know been there done that ! #1 im not on parole anymore and #2 I always beat them at their own game !! SUCKERS !!!!!!!!!!!!
  • Who Removes from list December 13, 2017 at 6:23 pm on PA: Legislature to address Pa’s sex offender registration lawsSo on HOUSE BILL 1952 found an expost facto violation, added punishment from Megan 1 or 2 or 3, and even SORNA doesnt require this as a registered offender. Sex offenders or SVP must register this following info in 3 business days they snuck this in at the last minute, Page 70 Line 16 paragraph B) Offenders and sexually violent predators shall inform the Pennsylvania State Police within three business days of: (B) a list of places the individual eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth; When did you ever have to tell anyone what gym you go too, where you eat, where you hangout, what you do for fun, when did you need to tell the PSP that you like collecting comics or sports cards or antigues or go to sports card shows, or antigue shows or flea markets, when did Megans 1 or 2 or 3 or SORNA request this info?? Thats not from Megans Law 1 or 2 or 3 or SORNA!! My husband wasnt sentenced to HOUSE BILL 1952 requirement B) the fun places he hangs out or does for fun, to this in 2006. Thats a new added requirement outside what his sentence judge told him to do. House Bill 1952 has hidden tricks!! Sneaky sneaky sneaky! I can see the PSP calling my husbands gym, his moms house, he frequents at, calling Mcdonalds or Sheetz, or the Local Dump or the Turnpike headquarters, he frequentlt drives on that daily, he must tell the PSP when he enjoys a nice ride on the turn pike to relax. Just think he likes to hang out in our back yard, in his truck, in our woods, in his yard. If he has to register all these things, then how about his dinner table where we eat. Why not just register your daily routine, he takes a poop around 5am everyday. Thats fun for him. Pooping. Its relaxing.
  • Mike s December 13, 2017 at 6:19 pm on PA: Legislature to address Pa’s sex offender registration lawsBrain, can you post a link to the site?
  • Will Allen December 13, 2017 at 6:08 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXPaul 2: Sorry, my man. What I did was minor, didn't involve children, and was well over a couple of decades ago. So the only thing that is acceptable is that I am going to live my life like any other 100% normal person. Anyone that interferes with that has been paying for it. I am very successful today and I am going to use that success and complete control to keep making the lives of people who support the Registries worse every year. They are getting poorer. Their lives are getting worse. Since they won't stop TRYING to harass me, I'm going to help that continue. Anything that Registries Terrorists want is the wrong thing. The opposite should be done.
  • AJ December 13, 2017 at 6:01 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantIt's doubtful this will help anyone right now, as it's an injunction, not a decided lawsuit. It does point favorably for RCs though, as injunctions are granted when it appears the party will prevail (i.e. the facts indicate the RC will win). Also, the suit itself will probably be an as-applied challenge, since class-action suits fall flat. (Funny how we're a heterogeneous group when it comes to class-action suits, but homogeneous when it comes to "regulations.") In short, one will have to wait for the outcome of this lawsuit, and then will probably need to use it in another as-applied lawsuit.
  • CR December 13, 2017 at 5:39 pm on IN: ACLU says sex offender law is tougher on new HoosiersThis case seems pretty strong. AJ mentioned a case a while back that had to do with new residents of a state not receiving the same level of benefits (welfare, maybe?) as other state residents. I wish I could find that case. I think it went to SCOTUS and they held that the new state could not treat the recently arrived residents differently from existing residents. If the petitioners prevail, maybe it'll be time to consider a move to Indiana, since my deferred adjudications were in 1992, before the effective date of the Indiana registration laws.
  • James December 13, 2017 at 5:28 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantI applaud the petitioner for his bravery and tenacit and for standing up for his rights. I also applaud the ACLU Socal for getting involved and representing this person regardless of his status as an RC and all the social stigmas that go with it. In my eyes, he’s a modern day hero. I’m glad he’s part of our community albeit involuntarily.
  • CR December 13, 2017 at 5:26 pm on IN: ACLU says sex offender law is tougher on new Hoosiers"The registry itself needs to be addressed." Do you mean in court? How? If registration is a civil regulatory scheme, as SCOTUS asserted in Smith v Doe, what legal arguments could you use to abolish it? If it is criminal punishment, you would succeed in stopping a registration scheme from being applied retroactively, but you couldn't stop it from being applied prospectively as part of criminal sentencing to everyone who is convicted after its passage. Addressing it that way would help a lot of people who are currently required to register, but it wouldn't abolish the registry, or registration schemes in general. It's evil would continue, and untold number of people's lives would continue to be destroyed going forward. I think the only way to eliminate the "registry itself" is to persuade enough people (voters) that it is a bad idea, an unproductive waste of state funds, useless for achieving its stated goals. In other words, you have to convince people that it is pointless, mean-spirited, ineffective, a waste of money, and morally wrong. It's the social and political realm where the civil regulatory concept of registration must be fought, not in the courts. We use the courts to attack the most egregious excesses of the registry schemes, the aspects that are truly punishment, or that impose restrictions that can't reasonably be understood or complied with, or that demonstrably reduce public safety or impair reintegration of former offenders into society, or that are unconstitutional for any other reason, and so on. With the recent upsurge in well-reasoned and well-written articles that question the rationales, effectiveness, and fairness of the registry, along with the scientific studies that continue to show that we aren't the most dangerous threats to public safety, I think we are on the road to winning over the hearts and minds of voters. I give it another 50 to 75 years, and I think we'll see a sea change that will abolish registries altogether. Too bad I won't be here when that time comes... I'm no one to tell you how to spend your money, but I think that targeting unconstitutional aspects of the registry laws is going to be far more effective in the short term than tilting at windmills.
  • Paul 2 December 13, 2017 at 5:20 pm on PA: Legislature to address Pa’s sex offender registration lawsHere is a new ruling on two or more 10yr reg laws. https://law.justia.com/cases/pennsylvania/superior-court/2017/841-wda-2016.html
  • AlexO December 13, 2017 at 5:19 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantI think like residency restrictions, it'll have to be moved to a case-by-case bases rather then a general rule across the board. Like, if you're crime was stalking people on social media or abusing people in the church, then they'd have a strong case to bar you from those things. But if your crime was something completely unrelated, then they'd have no good cause. Also, Packingham dealt with restrictions post supervision. Prior to the ruling, some states had a blanket no social media for registrants, period. I'm sure we'll hear more about this case, and I think it'll be favorable to parole's.
  • Gary December 13, 2017 at 5:17 pm on PA: Legislature to address Pa’s sex offender registration lawsAs of 8:00 PM EST, the House Legislative Information indicates: PN 2770 (Original Bill) Referred to JUDICIARY, Dec. 4, 2017 Reported as committed, Dec. 5, 2017 First consideration, Dec. 5, 2017 Laid on the table, Dec. 5, 2017 Removed from table, Dec. 11, 2017 PN 2820 (Amended Bill) Second consideration, with amendments, Dec. 12, 2017 Re-committed to APPROPRIATIONS, Dec. 12, 2017 Re-reported as committed, Dec. 12, 2017 (Remarks see House Journal Page ), Dec. 12, 2017 Third consideration and final passage, Dec. 13, 2017 (188-0) A copy of the amended bill can be found at: http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billNbr=1952&pn=2820
  • totally against public registry December 13, 2017 at 4:52 pm on AUS: Pedophile stopped at Sydney Airport by anti-sex tourism law"Australian pedophiles are notorious for taking inexpensive vacations to nearby Southeast Asian and Pacific island countries to abuse children." OMG, a country crazier than ours! Do they have proof for this statement? Lose your passport! For life?! "Child welfare advocates"- is that the same as modern-day witch hunters?
  • G4Change December 13, 2017 at 4:46 pm on IN: ACLU says sex offender law is tougher on new HoosiersIt's about time there are challenges being made against the disparity of the way these laws are applied to existing residents vs. new move-in residents. It is complete crap that a person who moves into a state is treated differently than one who already lives there assuming the underlying convictions are similar. This is long overdue, and I pray that they win this case!
  • Brian December 13, 2017 at 4:43 pm on PA: Legislature to address Pa’s sex offender registration laws@Michael I keep hearing all different things, I am going to give the psp a call at some point for more clarification on this matter. I heard all pre SORNA people will get relief which is not true, I have heard people must petition the courts to be removed and then I heard no one is going to be removed. What I have heard a lot of is pre SORNA people who to date are done with their ten years are to be removed. What would be nice is to have something plain out stating that pre SORNA people are to be removed , those who have completed their time and then some. My time should have been up in 2013.
  • mike r December 13, 2017 at 4:41 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantYep the judges are tired of all this crap and are anxious to kill the registry. Watch, they just need a good argument to come before them, hence my nine claim arguments. This is fantastic, now come on UCLU and any and all other civil rights organizations, come join my case and file briefs and collect evidence to support my claims.
  • TS December 13, 2017 at 4:38 pm on AUS: Pedophile stopped at Sydney Airport by anti-sex tourism lawThe reach of Rep Chris Smith has gone a touch further south than just Thailand now because his influence seems to be reaching Downunder. No one knows what the business this person was on, and they did not say what the destination was, but you are not allowed to pass GO, collect $200 or stay in the Park Ave Hotel with your little metal car either without telling us first!! Nyet!! A bad reflection on another of the Five Eye countries.
  • The Unforgiven December 13, 2017 at 4:35 pm on AUS: Pedophile stopped at Sydney Airport by anti-sex tourism lawWhat is a "convicted pedophile"? Are there really 20,000 of them listed on the registry? And "around 2,500 new convicted pedophiles would be added..each year". Quite tired of that word being incorrectly used by the average person. Based on how often people and the media use it, everyone should get a PhD, because apparently they are experts. https://www.psychologytoday.com/conditions/pedophilia
  • G4Change December 13, 2017 at 4:32 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantGod Bless you, Janice, and all at ACSOL and (I can't believe I am able to say this) at the ACLU for defending this man's rights!!! I am so glad that the ACLU seems to be getting involved more and more in defending the rights of registered citizens. I pray that the pendulum is finally starting to swing in the other direction. Lord, hear my prayer!
  • TS December 13, 2017 at 4:23 pm on IN: ACLU says sex offender law is tougher on new HoosiersHere here AlexO! Well said! @HOOKSCAR Maybe you need to read about Millard, et al case in CO in how to challenge the registry (over @ NARSOL), not as a class, but as an individual or a few others with you. You won't get anywhere with a class action suit, but if you want to roll the dough on an atty to try it, go ahead, but others here would say give them the money so they can do it as Millard, et al in CO did to get it in their favor and lead the way to showing how to defeat it.
  • Paul 2 December 13, 2017 at 4:20 pm on PA: Legislature to address Pa’s sex offender registration lawsNot sure what is so confusing? The bill says righting it who will come off the reg people that had 10yrs before SORNA and their 10yrs is now up will not have to request anything they will come off asap and once people that still have time on their 10yrs left pre SORNA they will come off too.. The only request in the bill is after 25yrs for people with less than life. The bill tells you who is going to be taken off The only issue I found is PSP could play stupid but that will come back to bite them.
  • AlexO December 13, 2017 at 4:10 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantAll its going to take is someone to recognize and report you. And then you're off to prison and years of legal battles. That's happened to numerous people across the country.
  • Big Mac December 13, 2017 at 4:08 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXDUH. Why don’t you just stop? Is this how you landed on the registry? Learn to take a deep breath and control your bad behavior! Your completely out of control! Get help
  • AlexO December 13, 2017 at 4:08 pm on IN: ACLU says sex offender law is tougher on new HoosiersYou mean like the recent SCOTUS rulings still quoting "frightful and high" as well as judges across the country despite the information being well known to be falls? If it were that easy to abolish the registry on actual facts, it would've been gone 15+ years ago.
  • AlexO December 13, 2017 at 4:05 pm on IN: ACLU says sex offender law is tougher on new HoosiersThanks for clearing that up.
  • Agamemnon December 13, 2017 at 3:58 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantAs a current parolee, I too am interested in whether or not this ruling allows all registrants under parole to congregate in church and on social media.
  • HOOKSCAR December 13, 2017 at 3:53 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantI have a 15 year old that is a thespian. I go see his plays and have NEVER asked anyone “permission” to see my son. I am a parent and NOBODY will ever inhibit my duties as such.
  • Brian December 13, 2017 at 3:51 pm on PA: Legislature to address Pa’s sex offender registration laws@Mike S I read a post on another rso website and added a comment in response to the posting. The post said this. House bill 1952 DOES NOT allow pre Sorna people to request to be left off. We will be retired to our SORNA sentences even though Muniz will be upheld. I have it on direct authority from the PSP that they will be ignoring Muniz once the bill passes. This is just something I read, honestly Mike I don’t know what or who to believe at this point because there are so many different views on the bill and different opinions as well. From what I was led to believe is that pre SORNA people who’s time was or is up will be removed. Now I hearing different.
  • HOOKSCAR December 13, 2017 at 3:42 pm on IN: ACLU says sex offender law is tougher on new HoosiersYou know, I am reading a lot more articles of the registry itself being challenges. Not here in the progressive state of California though. People like to challenge residency restrictions. Like I have said before, it is a DEAD horse. The courts have already ruled on the constitutionality of these issues. The registry itself needs to be addressed. Timing is everything. The more the registry itself is challenged, the faster it will be ruled unconstitutional. I don’t buy the argument that it would be bad for us if we lose. Here’s the rub, how do you know unless we bring a class action? Never met anyone who could tell the future. Next year I look forward to dropping 10k on a lawyers desk and challenging this. I doubt it will be Janice et all. They are too busy challenging residency restrictions and playing small ball. We have 20+ years of empirical facts and research. Let’s start using it.
  • Mr. Smith December 13, 2017 at 3:40 pm on Save the Date: ACSOL to Host Conference on June 15 and 16, 2018Richard Wollert is a good choice, maybe even the best choice. A few years ago my attorney did a consultation because of my “high” Static 99R score that the DA was using against me. This was back in 2010. It’s 2017, 7 years more wise, and I’m still wondering how accurate (or bogus) the Static is. In 7 years, no reoffense... but I’m engaged and have held a decent job for 5 years now. Of course I’m worried about what the tiered registry will bring though... as I’m not currently listed on Megan’s Law, but my score is “high” enough that I fear that in 2021 or 2022 I’ll suddenly appear. By then that will be 11 or 12 years with no subsequent conviction so it would make no sense to reason that I (or others in a similar position) *all of a sudden* deserve the increased punishment. If anything, I’d think that the longer we’ve been without subsequent reoffense, the less reason there is to keep us registered. But the Static, or the registry, doesn’t seem to factor any of this... even when it probably should.
  • Michael December 13, 2017 at 3:30 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantYou can have your church and attend it too in CA now. Whoo-hoo? ....
  • invisable December 13, 2017 at 3:27 pm on IN: ACLU says sex offender law is tougher on new HoosiersWell, looked what happened to the Adam Walsh Case, Adam was Murdered and be headed, but NOT Sexually Abused according to Police, or according to the guy who admitted to killing him. Then John (the idiot) Walsh uses his deceased son's story to frighten people and to make money of his son's name, when there is ABSOLUTLY NO PROOF he was sexually assaulted, yes here we have the Adam Walsh Act named after a Murdered Child, to punish Sex Offender's Go figure. Adam's dumb ass mother should of been brought up on neglect and child abuse chargers in my opinion. just saying.
  • Michael December 13, 2017 at 3:25 pm on IN: ACLU says sex offender law is tougher on new HoosiersThis case was sexual in nature. The offender, Christoper Stevens, was a convicted child molester who apparently had a "thing" for Zachary Snider. Stevens admitted to psychologists that he had molested 25-30 children, and that he had ejaculated on Zachary when he killed him. http://www.clarkprosecutor.org/html/death/row/stevensc.htm Feel good, broad brush legislation solves no problems. Not everyone on any state registry is a Christoper Stevens. It should be unconstitutional to treat everyone as if they were. ....
  • Michael December 13, 2017 at 3:11 pm on PA: Legislature to address Pa’s sex offender registration laws"... but my understanding is that 1952 is supposed to revert pre sorna people to what their actual sentence was… so in my case I would go back to 10 years registration instead of 25 years. Has anyone seen anything about this?" The ass hat that wrote the law, and the PA legislature know that Muniz is settled law. If they thought otherwise, they would not have written a bill that removes SORNA. So yes, you would be correct in thinking that the SORNA enhancement[s] to your registration requirement is gone, and that you would then be required to complete a term of registration based on the old law. If that was 10 years, 10 years ago, then your done. The purpose of the law, according to Rep. Ron Marsico, is to keep people who have not completed a period of registration based on pre-SORNA law from getting off the list. I don't know think the bill is necessary because Muniz does not remove anyone who had not completed a period of registration, it only removes the enhancements, including the additional time on the registry. So, anyone who had to register for life pre-SORNA stays on the list. Someone who was sentenced on December 1, 2012 and would have had to register 10 years would still be required to register until December 1, 2022. ....
  • AlexO December 13, 2017 at 2:57 pm on IN: ACLU says sex offender law is tougher on new HoosiersSo the law they're fighting is Zachary’s Law, named after a 10-year-old murder victim by a convicted sex offender. I tried finding the details of the case but didn't come up with anything beyond murder. Is this another one of those cases that resulted in a law for RC's from an event that wasn't sex related other than the perpetrator being an RC?
  • AlexO December 13, 2017 at 2:47 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantAwesome ruling! The last part with CDCR threatening him is scary. I hope someone actually gets reprimanded for that. Someone seeking legal assistance should never be threatened for doing exactly just that. I'm also curious how far the Packingham actually reaches? Like, what's really covered by the First Amendment? Would schools prohibiting RC's from being there for an official function (meetings, children activist like sports and plays, etc) be in violation of this? I don't have kids of my own, but I have a young nephew who'll be starting school next year and I'd love to be there for all his big moments. I know parents/guardians can go as long as they get permission, but since I'm neither I don't believe I can go at all.
  • Michael December 13, 2017 at 2:41 pm on PA: Legislature to address Pa’s sex offender registration lawsKeep on top of that. You're going to want that letter stating you are not required to register. ....
  • Michael December 13, 2017 at 2:35 pm on PA: Legislature to address Pa’s sex offender registration laws"So what I am understanding is that even though my 10 years was up years ago I have to register anyway now?" Where are you getting that from? Muniz was found unconstitutional under PA's Constitution for several reasons, not just the ex post facto reasons. Muniz is the law of the land in PA. It's why the courts are citing it in cases since the Muniz decision. This new bill replaces Meghans Law IV, which was a SORNA law. They had to do that because a good portion of the law had SORNA requirements, which can no longer apply retroactively, and they can't leave everyone in legal limbo. If you would have been done registering, sans SORNA, then how are they going to force you to keep registering without enhancing your registration requirement? ....
  • Jay December 13, 2017 at 2:30 pm on Judge Roy Moore’s Child Sexual Abuse Was an “Open Secret”I can not help but wonder how many of these accusations are false accusations based on a political agenda, on both sides of the political aisle.
  • Michael December 13, 2017 at 2:24 pm on PA: Legislature to address Pa’s sex offender registration lawsRelax dude! If in 2003/04 you were required to register 10 years, then you are done no matter which why way this thing ends up going. Stop sweating it. ....
  • Michael December 13, 2017 at 2:19 pm on PA: Legislature to address Pa’s sex offender registration laws"Part of Muniz relied on the fact that ... Article 1 Section 1 of the PA Constitution protects reputation (Much to the surprise of Ryan Dobo)." The irrebutable presumption doctrine. Personally I think that is key to getting this into the hands of sentencing courts which should be making the decision regarding who should be registering on a case-by-case basis. If a person's reputation is a fundamental right, how could it be legal to force them to register -- something not ordered by a court? Broad brush, or one-size-fits-all legislation doesn't work as intended. ....
  • Worth a Look December 13, 2017 at 2:13 pm on General Comments December 2017Hi everyone, I ran across this article on Medium called, "Sex Registries as Modern-Day Witch Pyres: Why Criminal Justice Reform Advocates Need to Address the Treatment of People on the Sex Offender Registry." No new info here, but a very positive take on the registry, and the truth about the registry in our society. https://injusticetoday.com/sex-registries-as-modern-day-witch-pyres-why-criminal-justice-reform-advocates-need-to-address-the-aca3aaa47f03
  • Paul 2 December 13, 2017 at 2:05 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXWill Allen You out of control bro Control is the magic word bro. We can only control our actions and I would say the best way to help someones family is to the opposite of what this guy did and defiantly let my anger at the corrupt government or my idea that somehow I am better then other RCs and I can talk to random children online or on the street when I normally bump into them. I have seen alcoholics with this problem " I have this under control, I can have a drinky poo anytime I want, its normal" never works out for them in the long run. Most likely if your own way to CONTROL yourself worked then you wouldn't be a person that broke the law in the first place. So take the majorities word for it that make up the over 90% that do not reoffend, Remove yourself when your around minors because you're putting yourself and your family at risk plain and simple. As far as the reg is concerned we will break it down pice by pice but f trades like the guy talking to 13 yr olds online are f ing it up for all of us Get it?
  • Michael December 13, 2017 at 2:05 pm on PA: Legislature to address Pa’s sex offender registration lawsThe bill does not enhance anyone's registration requirements. Technically it reduces, or reverts, the current SORNA requirements. With the addition of the mechanism to get off the registry and "call in" registration, the courts won't find issue with it. ....
  • Shawn December 13, 2017 at 2:00 pm on CA: Federal Judge Grants Injunction in Favor of RegistrantThis is fantastic news. Will all currently on parol benefit from this court decision, or will we each have to fight the same fight individually? I would hope that the CDCR would simply lift the conditions rather than deal with the fight, but that is probably just wishful thinking.
  • Will Allen December 13, 2017 at 1:18 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXUSA1: Son, you aren't too bright. But there is nothing wrong with that at all. As I said before, I know a LOT of people who are smarter than I am. I listen to them. I am smarter because I recognize it. You said, "who said anything about sex?" Really?! Did you miss that big government's whole make believe "problem" here is because 1 person in the Michigan family is listed on their SEX Offender Registry? Do you think that is related to SEX or because of a speeding ticket? You said, "We have a grown man grooming a young boy!" Really?! For what exactly? Can't be SEX because you said that no one said anything about SEX. Hey, what is the age of consent in Michigan anyway? I thought this potential victim was 17. I have think that since your "arguments" are so ridiculous and irrational that you might actually be a cop that works for big government. You seem to "think" just like they do and of course I mean - not so much.
  • Jon December 13, 2017 at 1:03 pm on PA: Legislature to address Pa’s sex offender registration lawsI read this on a a different sex offender website and was curious if anyone has seen this in the bill or seen or heard anything about this... The General Assembly is rumored to change the bill so that per Sorna people will be left off. Remember they don’t care one bit about Pre Sorna vs Sorna. In the end, they just want the registry to still be around. If the cost of keeping the registry another 25 years is letting pre Sorna go, they don’t want to do it, but they will do it in a heart beat and not even blink an eye. Half a loaf is WAY better than no loaf when you are HUNGRY!! NOW... That would be great for me, but my understanding is that 1952 is supposed to revert pre sorna people to what their actual sentence was... so in my case I would go back to 10 years registration instead of 25 years. Has anyone seen anything about this?
  • Adam December 13, 2017 at 1:02 pm on PA: Legislature to address Pa’s sex offender registration lawsAlso, I called the Megan's Law office in Harrisburg today, and explained my situation and asked if I will be removed automatically or need to go before a judge. The lady told me that if the bill passes they will receive a list of people effected, and they will be reduced/removed automatically.
  • Adam December 13, 2017 at 12:41 pm on PA: Legislature to address Pa’s sex offender registration lawsI was under the impression that this was going to need to be voted on again, but the information at the link below says it has passed "third consideration and final passage." Does this mean the governors signature is all that is needed now? https://www.billtrack50.com/BillDetail/898515
  • Mike S December 13, 2017 at 12:28 pm on PA: Legislature to address Pa’s sex offender registration lawsBrian, Where are you getting this info from? There has been no change to the language as it relates to credit for time on the registry and the breakdown of 10 year vs Life. If you are referring to the 90 days referenced by Paul, that is the timeline that the Commonwealth has established for people that are required to register to show up at the PSP for their formal F-U. That will include another round of fingerprinting and all the other BS they will collect. The Commonwealth is walking the line on how this "law" is nothing like SORNA and has put this "soft" timeline of 90 days to report. ALTHOUGH, they made it very clear in the bowels of the bill that if you are registering on the day that the law is signed, there is NOTHING in the bill that excuses you to be required to report within 90 days. The BIG question is if they are going to proactively remove people or are they going to play some BS game where they will sit back and wait for you to show up with a judge's order? I fear the latter. In 110 pages they outlined every way they can throw you in jail but NOWHERE did it state the responsibilities of the PSP to accurately insure that the RCs that have done their time (and then some) are notified that their time on the hate list has been served. So, while the language looks good to get off the registry, I have very little faith in the lazy and unaccountable PSP.
  • USA1 December 13, 2017 at 12:17 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXWow, you guys clearly must have a loose screw. No one has addressed any facts. One of you demands that a 17 year old must be capable of making judgements regarding SEX! Unfortunately, who said anything about sex? I guess we know where his mind is. The others state the registry is evil with propaganda and it sounds like it’s pretty typical for grown men to chat with underage children from other countries. I’m really glad Will Allen shared his views. Tim Moore doesn’t want to face the fact that he has issues as well. You have all exposed yourself. We have a grown man grooming a young boy! You defended the man. As noted, you can’t rationalize with irrational people!
  • New Person December 13, 2017 at 11:27 am on General Comments December 2017@Mike R... this isn't on the same thread logic conversation with you and AJ, but I just wanted to leave a message for you and replying under your message seems the most efficient way. The whole "involuntary servitude" idea continues to evolve in my head. Here's what the DA listed for accepted involuntary servitude: 1. Jury Duty 2. Military Service 3. Road Work 4. Tax reporting Now, let's separate the list into two groups based upon birth of service. I. Birth to all (CA) citizens: ... 1. Jury Duty ... 2. Military Service ... 4. Tax Reporting II. Birth stemming from a conviction: ... 3. Road Work ===== We all know the registry was birth from a conviction. Yet the registry is not punishment. Road work, presuming it's part of the service when you're under custody, is constitutional because it is the only exception to involuntary servitude. Being under custody is part of your punishment, which also includes restrictions. Those restrictions can be found if you are granted probation or parole. While not in a physical edifice blatantly informing you and all others that you are under custody (in service of the state) when you are on probation or parole, you still are under custody for the duration of the term of probation or parole and must abide by all services required of you, such as in-person reporting, abiding by restrictions, and informing the state of your whereabouts pertaining to travelling. Under custody, you are compelled to abide by whatever the stated levies upon you to comply with or be punished (or punished further). The registry is no different. You are still under custody of the state. You are still subjected to in-person reporting or be punished. You are subjected to following restrictions set by the state only to registrants or be punished. You are subjected to informing the state of your whereabouts on travelling or be punished. Well, that's odd. Only registrants are subjected to custodial services to the state after serving their punishment to the state. This is why Justice Kennedy's opinion in Peckingham vs NC had a parenthetical querying why is this group still subjected to such restrictions beyond their custody? Is there a difference between registrant convicts and non-registrant convicts? Why is there a separate implementation upon registrants? According to both the US and California constitution, involuntary servitude is prohibited unless to punish a crime. Megan's List states it is "your duty" to register and failure to register is a felonious crime. According to CASOMB, the recidivism rates of registrants for the past couple of years have been below 1%. There are several other convict groups whose recidivism rates record much higher than registrants. Yet only registrants are subjected to custodial services to the state after serving their punishment. Why is there a separate implementation on registrants. We already know about the registration and compelled services it entails, but what about immunity programs, specifically 1203.4. Registrants are not allowed to partake in full immunity under this program. No where in 1203.4 does it state registrants are not allowed full immunities, but in a different statute, it states registrants are not allowed full immunity. So not only are registrants forced to still serve the state of California like no other sets of convicts, registrants are also treated differently when it comes to conviction immunities. That is only for 1203.4. There is no petition for 1203.4. You are granted it after successfully completing all requirements. There is no second judgement on your conviction here. Then, registrants must wait a total of 10 years in California to petition for a Certificate of Rehabilitation, with the requirement of 5 consecutive years of residency in California before petitioning. This a subtle 10-year extension of captivity where your cell is all of California. If you wish to be off the registry, you must "serve" 10 years minimum in California. This limits your exercise of free travel as you cannot move out of state for families or potential jobs. But this also limits what type of job opportunity and housing help availability because you are on the registry (California has only one type of registrant - lifetime). The petitioning aspect implies a second judgement upon your conviction. Is the state going to extend your service? And based upon what set standard? Is that standard equal to all citizens? Wait... why is there a second judgement? This second judgement is another factor depicting that the registry was born out of conviction and not born to all Ca citizens. Even then, some registrants must need to apply for a Governor's Pardon to be off the registry. Finally, there are some who do not get off the registry at all. All these steps to try to remove oneself from the registry reveal the same consistent idea - the registry was born out of conviction, the registry is not born to all citizens. The immunity process requires a second or third judgement based upon the same conviction. No other sets of convicts are subjected to these custodial services to the state after completing their punishment custody nor have specific rules. All convicts should be subjected to the registry or no convicts are subject to the registry, which is an equal protection issue. Statute 1203.4 actually tests the equal protections issue as 1203.4 specifically states the only exceptions are to be written within 1203.4. Any who qualify and fit the 1203.4 immunity program should receive full benefits permitted, relieving all penalties and disabilities from the conviction. Notice, it does not designate between punitive nor regulatory, but rather the complete inclusiveness of the word description "all". The registry is not punishment, according to the 2003 Smith v Doe decision. The registry was born due to a crime. In order to remove oneself from the continued custodial act of the registry, one has to petition off the registry from that crime, which is a second judgement based upon that same crime. Megan's List states it is your duty to register, which is a service, and failure to do said service is punishable under law. No other sets of convicts are subjected to the same extended penalties or a whole class excluded from full immunities granted by immunity program 1203.4. So although we know the births of involuntary servitude have been clearly defined between jury duty, military service, road work, tax reporting, and the registry, let's recall the four classical factors of involuntary servitude: 1. Contract 2. Term 3. Compensation 4. Domineer ===== 1. Contract. This is proof that the registry was birth from a conviction because the contract was initiated from a conviction due to a crime. The problem here is that the registry is not classified as punishment! ::: This first classical factor is really important now to involuntary servitude as we now know the registry was born out of a conviction, and not born to all citizens such as jury duty, military service, or tax reporting! Thank you DA for pointing out the differences in involuntary servitude! ::: 2. Term. In California, the term of the registry is lifetime. Since jury duty, military service, and tax reporting have no contract born out of a conviction, then it is not subjected to factor 2: Term. There is no variance to the risk level of registrant. All registrants are subject to a lifetime term. But a lifetime term is a red flag for any job. Remember, the registry is not punishment. Because the registry is not punishment, it must be categorized differently. Therefore, it is a contractual service placed upon a free person. 3. Compensation. There is no compensation. You are paid for in-person reporting to jury duty and military service. You are paid to follow their rules and regulations (which includes restrictions). Tax reporting requires no in-person reporting, but you can also pay a third party to do your work. But remember, jury duty, military service, and tax reporting are all born to all citizens. There was no contract initiated like there is for registering because the contract was initiated from a conviction. So the point is moot to even include jury duty, military service, and tax reporting after classical factor 1. Now, let us compare registrants to non-registrant convicts, where there is a contract from a conviction. If you finish your custodial punishment to the state, then you no longer have to report to the state or service the state. There is no compensation for your service to the state because that is your punishment. There is no registry for robbers, drug users, drug sellers, DUI's, etc... But a registrant goes through punishment custody duty and has the registry custody duty to the state of California after or concurrent to punishment custody duty. The registry is not punishment. If it is not punishment, then where is the compensation? The services under custody for punishment is similar to services for the registry and both are not compensated, but only one of them is categorized as punishment. Immunity reward for convictions that qualify for 1203.4. If a convict who qualifies for the 1203.4 immunity program, then that convict receives full immunities. A registrant who qualifies for the 1203.4 immunity program does not receive full benefits as stated within 1203.4 and 1203.4 states the only exceptions are written with 1203.4, which does not state anything pertaining to exclude registrants who qualify from not receiving full benefits. This lack of immunity compensation also compounds the lack of compensation due to the registry. 4. Domineered. You can walk away from a service where the only consequence is loss of pay or a loss of job. Anything greater than that is domineering an individual to do continued service(s). Again, the premise is there was a contract struck. The registry was a contract initiated from a conviction. (Jury duty, military service, and tax reporting are not born out of conviction, they are born to all citizens.) That contract is not punishment. Thus, it is a contract upon a free person (someone no longer under custody). A free person has the capability to walk away from a service without any penalty higher than the loss of wage or loss of occupation. The signs of domineering is when an individual leaves the service, but is hunted down, possibly punished, and returned to service. This is exactly what the registry does to a free person (an individual no longer under custody). I reiterate, the registry is not punishment. The registry was born out of a conviction. Involuntary servitude is prohibited unless to punish a crime. **** Amendment XIII Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. **** There is only one exception to involuntary servitude and that is to punish a crime. That means involuntary servitude is allowed if it was born out of conviction. The registry was born out of conviction, but it is constitutionally classified as "not a punishment". We need to compare apples-to-apples with the registry as it pertains to the 13th amendment. The registry was born from a conviction and is not punishment. By law, the registry "shall not exist within the United States, or any place subject to their jurisdiction." Please note, the 13th amendment does not state the different levels of severity of slavery or involuntary servitude. This means any type of slavery or involuntary servitude is unconstitutional, with one exception - to punish a crime. The registry was born from a crime and the SCOTUS said it is not punishment. If it is not punishment, then it is unconstitutional. I cannot walk away from the registry without being hunted down, possibly punished, and then returned to service as the registry is aided by the law of the land, the fourth classical factor of involuntary servitude: domineered.
  • Paul 2 December 13, 2017 at 11:06 am on PA: Legislature to address Pa’s sex offender registration lawsDidn't see the senate vote on the bill. Looks like Jan until anything else happens.
  • Will Allen December 13, 2017 at 10:10 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXNo, we don't know the specifics of this so we just need to leave it alone. The only thing that we should learn from it is that big government is doing this crap and that we should not trust their propaganda to give us the facts. As far as talking to underage strangers, I have to disagree with you about that. In fact, I would say that RCs should do whatever normal people do. Further, because the Registries exist and only because they exist, I do think RCs should go out of their way to do anything that anyone that supports the Registries would like for them not to do. Of course that includes talking to underage strangers. Personally, I am around random children all of the time for a couple of reasons - 1) It's normal, and 2) the Registries exist. People who support the Registries are harassing terrorists who cannot mind their own business and who are trying to control my family's lives. In return, I'm going to do the same to them. They are enemies. They will continue to pay.
  • Brian December 13, 2017 at 9:51 am on PA: Legislature to address Pa’s sex offender registration lawsSo what I am understanding is that even though my 10 years was up years ago I have to register anyway now? So everyone was wrong about the way HB 1952 is playing out for pre SORNA people?
  • JM of Wi. December 13, 2017 at 9:49 am on General Comments December 2017Ditto for my daughter's program tonight.
  • 290 air December 13, 2017 at 9:40 am on Judge Roy Moore’s Child Sexual Abuse Was an “Open Secret”Why is it sexual harassment for high profile people when they do unwanted touching/groping in a sexual way and if an average everyday citizen does it then it sexual assault and they have to register for life?
  • Paul 2 December 13, 2017 at 9:09 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXI have to agree with Double Whopper with cheese somewhat I believe we need to call this out as it is because frauds that keep doing this shit is how they justify the shit they put on the rest of us and people we know. It's not hard to figure out an RC shouldn't be talking to underage strangers online or in person period.
  • C December 13, 2017 at 9:07 am on General Comments December 2017I am not sure what to make of all this - does it water it down or fuel the fire, turning up the heat on all of us? We are seeing these high profile celebs and politicians getting 'convicted by headline,' as someone else put it, and as I watch the news in the morning I wonder if the male talking head will be there tomorrow? I am happy to see politicians who supported the registries get burned by their own antics even, w/ out due process. 2017 will be my year of schadenfreude. Whatever the case, good or bad, I have absolutely zero sympathy for Franken, Moore, Lauer, et al., particularly on this day when I just spent the morning making sure my kids were dressed in the best attire to perform in today's school Christmas show which, of course, I will miss again this year because "I was too busy at work.
  • Who Removes from list December 13, 2017 at 8:50 am on PA: Legislature to address Pa’s sex offender registration lawsDid House Bill 1952, just pass? Or get third vote?
  • New Person December 13, 2017 at 8:46 am on Sex Registries as Modern-Day Witch PyresFrom an all convict perspective, this is a "separate, but equal b/c it's regulatory". So whenever someone counters with the SCOTUS said it was constitutional, then you can retort with "was separate, but equal constitutional"? Was slavery constitutional for the whole nation before the civil war? Were Japanese internment camps constitutional before the Korematsu case? This separate, but equal b/c it's regulatory idea rings true for those in CA pertaining to 1203.4, which was supposed to restore you back to your state before your conviction as it relieves all penalties and disabilities from the conviction. Everyone else who qualifies for the immunity program gets the immunity with specific exception within 1203.4, as stated word for word. For registrants, it doesn't say it doesn't relieve you from registering. It states that in another statute not within 1203.4. So the only part of the immunity registrants get is they can say their case is dismissed and nothing more. Oddly, CA Constitution has a built-in equal protections for immunity statute, Ca Const., Art 1, Sec 7b. This is supposed to prevent "separate, but equal" immunities b/c it immunities for all or for none of the convicted. Anyhow, Janice was correct about a few years ago in a Sex Offender conference about denoting how the US Government got it wrong before. This is what all those who are against the registry must constantly re-iterate - show the SCOTUS has been wrong before. They are wrong today and here are the substantial proofs, including using false data to create an improper depiction of a variance of crimes to be classified into one category: monster.
  • Paul 2 December 13, 2017 at 8:26 am on PA: Legislature to address Pa’s sex offender registration lawsLooks to me like we have 90days to register with this new law, so if Freed's writ for review is denied, then we should not even have to register. PSP will say we do, but my 10yrs is long past and if they want to take longer than 90days to figure that out thats their problem not mine.
  • mike r December 13, 2017 at 8:22 am on General Comments December 2017Agreed AJ. like i stated in my other post all the politicians and Hollywood elites and media giants like bill oriely are enjoying the the fruits of their labor and KARMA . Man can you believe that crap about the guy having to register every week and keep a detailed description of everywhere he goes or sleeps. Man there would be hell to pay an a whole lot of innocent people wouldn't be to happy I can tell you that.Thats all I'll say about that. Insane.
  • Sam December 13, 2017 at 7:01 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXThat is confusing as hell and poor wording if it's meant in that way. Anyway AOC in Michigan is 16 and someone can be sentenced to life in prison and charged as an adult at the age of 11 for murder "But many state-level Republican politicians have led campaigns for adult trials and long prison sentences for juvenile offenders, using the slogan, ''adult crime, adult time.'' Gov. John Engler of Michigan, a Republican, welcomed today's verdict, saying that 11-year-olds were mature enough to understand the seriousness of firing a gun." https://mobile.nytimes.com/1999/11/17/us/michigan-boy-who-killed-at-11-is-convicted-of-murder-as-adult.html?referer=https://www.google.com/ Not sure if much has changed since I left but when I was there the crime stats were 1 in 6 people has a felony charge and 1 in 3 has a misdemeanor. It's a pretty crime ridden state.
  • CA Cool RC December 13, 2017 at 6:59 am on Judge Roy Moore’s Child Sexual Abuse Was an “Open Secret”Another article by Elizabeth Letourneau, Ph.D., is the inaugural director at the Moore Center for the Prevention of Child Sexual Abuse at the Johns Hopkins Bloomberg School of Public Health. https://www.psychologytoday.com/blog/prevention-now/201706/will-more-kids-be-branded-sex-offenders-life
  • Mike S December 13, 2017 at 6:30 am on PA: Legislature to address Pa’s sex offender registration lawsHB 1952 Passed the House of Representatives 188-0. It was in the first round votes at 8:30 this morning. This is the last day of the year for voting in the Senate, currently the bill is not on the Senate calendar for to perfunctory passthrough vote, but it would, not at all, surprise me if it gets added before the session that starts at 11am. Even though, on the surface, I should get relief from this bill it absolutely petrifies me that a less than reputable DA sends a novis ADA for oral arguments in the Commonwealth's highest court on a subject that he says is paramount to the protection of the citizens on this Commonwealth....the ADA loses to an average county level defense attorney and then goes crying to a senator that he seems to have some sort of congenital relationship...... and now 90 days later, he has managed to get the law changed to circumvent the decision of the Pennsylvania Supreme Court and now look like some sort of hero to the people. F*&cking Sickening!! I've been on this list for 11 years 2 months. It has caused the end of my marriage, loss of employment, loss of the ability (at times) to see my son, two slashed tires, one broken windshield, the loss of countless "friends", subjection to endless hours of ridicule in "treatment" (which is a WHOLE other thread), and a system that has no boundaries in reality and can use hearsay to justify just about anything. Nothing should really surprise me anymore, but everyday the people that make and enforce laws in this country manage to do just that, surprise me!! RC's have spent 10s of thousands of dollars fighting this law and scumbags in elected positions get paid to cheat the law. Part of Muniz relied on the fact that during Smith V Doe that the "internet" was not as prevalent and that Article 1 Section 1 of the PA Constitution protects reputation (Much to the surprise of Ryan Dobo). Should be a good starting point for the next round of lawsuits.
  • ExpatRFSO December 13, 2017 at 3:02 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAX@ BigMac. I have not seen anyone blaming the kid.
  • ExpatRFSO December 13, 2017 at 2:59 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAX"...whom he met on social media websites approximately four years ago..." Read the whole article. It would seem that by "male family member" they did not mean the boys family, but a family which had a male member that is a RC. Very confusing, like most articles involving RC's.
  • Who Removes from list December 13, 2017 at 2:37 am on PA: Legislature to address Pa’s sex offender registration laws@Paul From yesterday: Who Removes from list December 12, 2017 As today at 1045am (Dec 12 2017) my husband failure to register under SORNA, internet indentifier, in Cumberland County have been dismissed. The DA, did not file her brief on why Muniz did not apply to my husband because the DA knew Muniz did apply, she has 30 days and time ran out yesterday. (Dec 11 2017) He was convicted in 2006 and sentenced in 2006 and had to register under Megans Law 3. MUNIZ Decision was the reason why his charges were dropped.
  • Paul 2 December 13, 2017 at 1:28 am on PA: Legislature to address Pa’s sex offender registration lawsYou will be done my dates are the same as yours I had an IA7 was 10 changed to life by SORNA Even if new law isn't past soon if Freed's petition on Muniz for review is denied cert PSP will have to take us off They already should have.
  • Sam December 13, 2017 at 12:26 am on General Comments December 2017https://m.facebook.com/story.php?story_fbid=1824110147620467&id=908009612563863 Not sure who all can see this but here is why people say they're still supporting Moore. Most just don't seem to care or believe. Funny how these people are so accepting of him but people on the registry they want to lunch.
  • Tim Moore December 12, 2017 at 10:29 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXI am cracking up USA1 or 2 or is it Big Mac, or something that sounds apple pie . I am sure you are spoofing the average American, hence the identifying handles. That is why I am laughing at your posts instead of getting upset. You know, this is just classic mockery. You have listed probably every myth about registrants in this post. Quite an accomplishment. It is an act, like Steven Cobert playing a right wing news anchor. Good show, my man, Applause.
  • Will Allen December 12, 2017 at 10:23 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXUSA1: Don't be stupid. There aren't enough facts in the government propaganda piece to truly understand what was going on. And unless you are a complete idiot, you know for sure that big government has twisted every single, tiny fact into the most favorable thing for them possible. So, just don't be so gullible and immediately believe their nonsense. The scenario I gave is easily as plausible as the one that big government wants you to eat up. Perhaps the 17 year old's caregiver is his aunt and she knows the whole family in Michigan. She and the 17 year old talk with them on Facebook. They all want the 17 year old to visit the family. But then big government steps in to "save" a "child"! Yeah! Send more money to big government! They need to get bigger! I'm sorry but if a person is old enough to operate a car on a public road, the person is old enough to make decisions about SEX. Not debatable by anyone with a brain. I'm too tired to look it up right now but I'm fairly sure that a 17 year old can consent to SEX in pretty much every state in America. I think you need to look up the age in Michigan. Kind of makes big government look like the idiots that they are. I haven't seen anyone "blame the kid". How is he to be blamed? He did nothing wrong. What is the most likely is that the only one who did anything wrong is big government. As long as big government has SEX Offender Registries - F them and every single piece of "dirt" that supports them.
  • Tim Moore December 12, 2017 at 10:10 pm on Janice’s Journal: Why Did Senator Franken Resign?I think we have evolved to make quick determinations of other people and to temporarily segregate perpetrators of threatening behavior on a moment's notice. I think for most of our history we have lived in groups of less than a hundred, and the opportunity arrised after a cooling off period to see the offender in a new light having learned a lesson and needs to be reinstated into the community. Now, besides within close knit families, redemption becomes nearly impossible. Once you're ousted, you are forgotten, you exist as another anonymous monster listed on the web. You are what in medieval times one called a villain, one who had to wander between villages because he was not accepted in any. You are banned from the "protection zones" and exiled to the wild both physically and metaphorically. It is critical we develop close social and familial ties. Thing is the therapists tell us this, but the legislature throws everything they can in the way of this happening.
  • Tim Moore December 12, 2017 at 9:36 pm on Sex Registries as Modern-Day Witch Pyres"It’s an unnecessary evil and a tactical failure." We need to keep saying something like this whenever and to whomever we can. It can't be refuted, because it is fact. Get it out there.
  • kind of living December 12, 2017 at 9:33 pm on Sex Registries as Modern-Day Witch Pyresgreat article ,
  • Tim Moore December 12, 2017 at 9:26 pm on General Comments December 2017Unbelievable.
  • Tim Moore December 12, 2017 at 9:22 pm on General Comments December 2017Agree Mr. AJ. It not only waters down the panic by putting familiar faces on despised crimes, but as people see their beloved senator or screen actor lose his career and suffer public humiliation, people will start to question methods and priorities.
  • Chris December 12, 2017 at 8:39 pm on PA: Legislature to address Pa’s sex offender registration lawsOk so regarding house bill 1952. I was sentenced back in 2003 and started registering in 2004 originally a 10 yr. Registration. Then on Dec. 2012 it was changed to lifetime. With house bill 1952 does it make me eligible to be taken off registry all together. This crap is out of control. Any thoughts would be appreciated. Thank You.
  • NPS December 12, 2017 at 8:14 pm on Janice’s Journal: The Stage is Set@Mr. D: What? I never had a 288c. I was just replying to DLP, who needed information. Laws do change, so it's possible that a 288c was once expungeable. The current law (1203.4) was last amended in 2014, so 288c could've been added to the no expunge list since yours was granted. Or there was a major error in your case and you got lucky. Be sure to keep a copy of your granted motion with you. As for my case...that is long over. I had no problem getting my 17b and 1203.4 granted a few years ago. I did it in pro per, too. Now I'm just waiting for 2020 to file a CoR and get off the registry. I'm not going to wait an extra year for the tier law to take effect.
  • Happy, joyous and free December 12, 2017 at 8:00 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderThis is a perfect example where many people feel that a registered citizen cannot be allowed to do anything valuable, because rehabilitation = being silent/condoning of sex crimes. The thought police need to get a life. I am a Washington DC native and I have had more than enough experiences where I have been excluded because I am registered.
  • Paul 2 December 12, 2017 at 7:30 pm on PA: Legislature to address Pa’s sex offender registration lawsNot in their eyes. They have the same thing as ML3, plus you will be able to call in updates, and have a hearing after 25yr (way to long) to get off reg. I am hoping people challenge this law as still being punitive ex post facto, maybe having people on internet can be challenged. We need to get resources together to fight this.
  • Who Removes from list December 12, 2017 at 7:02 pm on PA: Legislature to address Pa’s sex offender registration lawsMy husband has read the House Bill 1952. He has also read the arguements of Muniz. Here is his thoughts, In Muniz it was argued that SORNA wasnt in place when he was would of been sentenced. In Muniz it was argued that if he was sentenced in 2007 he would of been under Megans Law 3. That means Muniz argued he agrees with his sentence. Under the PA Supreme Court ruling it says SORNA cant be applied to Muniz and to all other PRE SORNA. HOUSE BILL 1952, wasnt in place when Muniz was sentenced in 2007. Neither was it in place for all other PRE SORNA individuals and that means my husband would not of been sentenced to it. My husband says that this will be argued, how can you pass legislation to in response to a judgement of Muniz? Is this constitutional, SORNA is punishment applied to PRE SORNA, expost facto, adding punishment after sentencing. House Bill 1952 is adding punishment, correct?
  • AJ December 12, 2017 at 6:55 pm on General Comments December 2017The Pepitone case in IL is creeping along. He filed his brief in mid November (https://narsol.org/wp-content/uploads/2017/11/No.-122034-People-v.-Pepitone-Appellee-Brief.pdf), and they make some good arguments. I fear the IL SC will follow SCOTUS's statement that a law being overinclusive or underinclusive does not make it unconstitutional. @mike r: I recommend your reading the brief for the quotes and data used at the beginning, especially in chopping away at "frightening and high."
  • AJ December 12, 2017 at 6:52 pm on General Comments December 2017oops...sorry for the (@mike r) tags remaining in my handle. The comment was for everyone.
  • Eric December 12, 2017 at 6:46 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI'm so sad to read this. It must have been horrible for Steven Shriner. Poor man, wanted to share his gifts with the audience, wanted to honor his husband's legacy. Driven from the stage by an anonymous mob. Six years in prison and no victim.
  • PK December 12, 2017 at 6:45 pm on Philippine Bureau of Immigration bans alien sex offenders in the countryGreetings Steve, You said you were not allowed to board the International Flight from the United States at all? Or were you denied entry into the Philippines. While you were living in the Philippines since 2012, were you still registered as an RSO in Texas? Did you have any kind of Visa at all during the entire time you were there from 2012? Are you now married to this Filipino?
  • Mr. D December 12, 2017 at 6:34 pm on Janice’s Journal: The Stage is Set@NPS - A 288c may not be elgible but it is possible. I was able to get mine reduced and then dismissed and expunged. I think in order to obtain that would depend a lot upon the county in which you were sentenced as well as the relationship your attorney has with the DAs office. Good luck !!
  • Mike S December 12, 2017 at 6:18 pm on PA: Legislature to address Pa’s sex offender registration lawsHB 1952 has been amended. It is available online and the amendments are where you see "<--" in the right hand margin. I reviewed the entire document and it is mostly the following paragraph changed to the second paragraph (below) All of the chapters where "Credit" will be applied for time on the list has remained UNCHANGED. So far so good. This subchapter shall apply to individuals who were convicted of a sexually violent offense committed on or after April 22, 1996, but before December 20, 2012, whose period of registration with the Pennsylvania State Police, as described in section 9799.55 (relating to registration), has not expired.§ 9799.53. Changed to this (1) CONVICTED OF A SEXUALLY VIOLENT OFFENSE COMMITTED ON OR AFTER APRIL 22, 1996, BUT BEFORE DECEMBER 20, 2012, WHOSE PERIOD OF REGISTRATION WITH THE PENNSYLVANIA STATE POLICE, AS DESCRIBED IN SECTION 9799.55 (RELATING TO REGISTRATION), HAS NOT EXPIRED; OR(2) REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER A FORMER SEXUAL OFFENDER REGISTRATION LAW OF THIS COMMONWEALTH ON OR AFTER APRIL 22, 1996, BUT BEFORE DECEMBER 20, 2012, WHOSE PERIOD OF REGISTRATION HAS NOT EXPIRED.
  • Counting the days December 12, 2017 at 6:05 pm on FL: Death of sex offender in Georgia State Prison suspiciousNo matter what his offense, this man was a human being. The staff was there to supervise and protect. They failed in both areas. While in custody @ Elmwood jail in Santa Clara county, I witnessed guards hit inmates,flirt with nurses, and threaten people for no other reason than they could. They are guilty of as many offenses as the inmates.
  • James December 12, 2017 at 6:04 pm on PA: Legislature to address Pa’s sex offender registration lawsCongratulations to you and your husband! Sometimes I sense that if we had a hundred thousand brave people clogging up the courts continually and constantly for a few years, (after all, each of has differing fact patterns) we might get somewhere. This is, of course contra the standard legal model of carefully chosen plaintiff's and facts to build precedents...but I think we are getting close to critical mass...where we might even affect election results if we could band together in a coherent enough fassion. In any case, good on you both Best Wishes, James
  • BSL December 12, 2017 at 5:50 pm on CA: We Are Now a Protected Class!Yep, The jobs are there. I have worked at a Hospital for 20+ years since mine. I'm in IT. I had one count of indecent exposure, adult related, and was put on registry for the rest of my life. Go figure! But I just wanted to pass on hope to others as well. Although there are issues with long term care facilities according to the registrant rules, Hospitals are not considered long term care. It even says that on the yearly 290 form they make you initial 20+ boxes.
  • AJ (@mike r) December 12, 2017 at 5:49 pm on General Comments December 2017I don't know about many of you, but in some ways I'm glad to see the current witch-hunting of "inappropriate sexual conduct." At minimum, I feel it waters down things a bit for us, as some will see the only difference between whatever public figure and me is that (a) I got caught, or (b) couldn't afford the lawyer the public figure could. I'm not saying we're magically welcomed back into the tribe or anything, but the pervasiveness of it all can only help us in some way, eventually. Maybe I'm merely being hopeful.
  • AJ (@mike r) December 12, 2017 at 5:41 pm on PA: Legislature to address Pa’s sex offender registration laws@WRFL: Congratulations to you and your husband! It must feel good to have even a smidgen of vindication and a win versus the oppressive machine.
  • RM December 12, 2017 at 5:23 pm on FL: Oconomowoc tweaks sex offender residency restrictions in wake of federal court decisionYes, Oconomowoc is in Milwaukee, Wisconsin. The article claims it is from the Florida Journal Sentinel...it's the Milwaukee Journal Sentinel.
  • Brian December 12, 2017 at 5:11 pm on FL: Death of sex offender in Georgia State Prison suspiciousThe not so funny part about this is is that the co’s probably sat there and watched the entire thing go down, or they knew something about the attack happening. Suspicious? Riiiiggggghhhhttttttt.
  • TXSO4Life December 12, 2017 at 4:56 pm on General Comments December 2017A new decision (State of Washington vs Jayson Lee Boyd) coming out of Washington State COP today upholding "weekly" in-person requirement for homeless register citizen. In a 2-1 decision, the panel rules the reporting requirements (52 times a year) in addition to a detail logs of streets, corners, and where he sleep each days of weeks that he must keep record, is not punishment and does not violated ex pos facto clause. See the link https://www.courts.wa.gov/opinions/pdf/749331.pdf
  • mike r December 12, 2017 at 4:15 pm on General Comments December 2017No guessing, I put Jan 8 "2017" instead of 2018. Clerk wouldn't say I should or should not amend. I am still considering whether I need to or not since I explicitly requested a 28 day extension so I don't know what I am going to do yet. I might just leave it. I hate that when I rush I miss something like that.
  • Registry Rage December 12, 2017 at 4:00 pm on Sex Registries as Modern-Day Witch PyresWhat really, really irks me is that society is operating under the false assumption that a sex offender's freedom is some kind of conditionary privilege. In reality, boasting the registry as a "useful tool" and necessary to "protect" children is a logical fallacy. It's an unnecessary evil and a tactical failure.
  • Sam December 12, 2017 at 3:56 pm on MI: Zachery Anderson denied termination of probationIf he was sentenced under HYTA then he has to complete probation fIrst. If not all the charges come back and stick with a vengeance. HYTA (Holmes youthful trainee act) is for youths under 21 who may have a bright future ahead of them where they can vacate their first crime ever as long as its not murder. It's mostly only offered to rich white kids who have good lawyers.
  • Steve Chrisman December 12, 2017 at 3:54 pm on Philippine Bureau of Immigration bans alien sex offenders in the countryI am a Texas SO and left to marry my Filipina fiancee in 2012. I returned to work to quickly earn money to supplement my pension so we could buy a house in our city in the Philippines. I never knew laws changed as they did between 2012 and now until I was denied boarding a flight home on December 7, 2017 (last week) for a months' Christmas visit. A few days of serious internet searches brings me to your forum and the need for answers, ideas, suggestions and help in our common problem. Anyone may contact me at stevechrisman18@yahoo.com My name is Steve Chrisman and any help is greatly appreciated. Thanks.
  • Michael December 12, 2017 at 3:46 pm on PA: Legislature to address Pa’s sex offender registration lawsSounds about right to me. The only caveat would be if the new law included your offense, and then your got. ....
  • Michael December 12, 2017 at 3:40 pm on PA: Legislature to address Pa’s sex offender registration lawsThe SORNA enhancement[s] goes away with Muniz. Which means you'd be back to the old 10 year requirement, thus leaving you 2 years on the registry. I don't see why you'd need to get a determination from a court. ....
  • Michael December 12, 2017 at 3:35 pm on PA: Legislature to address Pa’s sex offender registration laws@Brian "Results of Muniz should be applied to all Pre-SORNA RSO’s before date 20 December 2012." It does. It just does not get anyone who would still be required to register under the old law off the registry. "HB 1952 says at the end of the bill that it is targeting people with the dates of offenses after April 1996 but before 19 Dec 2012 That is a pre- Sorna attack. Muniz fought hard to help all pre-SORNA people to get off as soon as Muniz is remand back to PASC from SCOTUS on Freed denial of Cert." The bill does not target everyone convicted of a crime between 1996-2012. It only would apply to those who's pre-SORNA registration requirement has not yet been completed, or lifetime registrants. And again, the Muniz decision only applies to the SORNA enhancements, not the entire law. Registration is still Constitutional. "HB 1952 seems to the PSP to be a saving law. It is the re-write of ML -2 which Commomwealth v. Nieman shut down in its entirety." That is not correct either. In Commonwealth v. Nieman the court held that Act 152 [in its entirety] was unconstitutional, not the entire SOR law. ....
  • Michael December 12, 2017 at 3:16 pm on PA: Legislature to address Pa’s sex offender registration lawsMuniz prevents the state from applying SORNA requirements retroactively, it does not allow "all to get off" the registry. Anyone required to register for life pre-SORNA would not find relief under Muniz. That is not to say that they can't apply something that resembles Meghans law I, II or III retroactively. So personally, I don't know how anyone who was still required to register pre-SORNA and had yet to finish a period of registration or had to register for life gets around the new law. Unless they challenge based upon the irrebutable presumption doctrine precedent set back in 2014 [See In the Interest of J.B., 2014 Pa. LEXIS 3468 (Pa. 2014)] which was also raised in Commonwealth v. Muniz, Commonwealth v. Gilbert, and Commonwealth v. Reed. That doctrine states that the Commonwealth cannot presume that a conviction for an enumerated offense means a person is likely to sexually recidivise. I also think relying on the fact that the PASC found SORNA to be unconstitutional somehow also suggests that the registration laws in general are also unconstitutional is futile. SCOTUS has allowed these laws to stand, and to apply retroactively. Unless it changes it's decision, these laws will remain Constitutional. The only way I see to have the laws reduced or repealed is a change in the PA legislature, which is controlled currently by the Rightists, who are the biggest SOR proponents. ....
  • AlexO December 12, 2017 at 3:16 pm on Sex Registries as Modern-Day Witch PyresGreat piece. Too bad SCOTUS seems to not care. Every day its easier and easier to understand how one can become radicalized in this brave new world.
  • AlexO December 12, 2017 at 3:06 pm on FL: Oconomowoc tweaks sex offender residency restrictions in wake of federal court decisionHow has all of this not reached SCOTUS yet? Much of their 2003 ruling was based on the fact that non of this was a big deal. It has moved well beyond that. This law alone completed barred someone from moving into a town. Now they have to petition the town to be allowed in, and then they're still restricted to a 1000-foot leash. This is infuriating!
  • 1984 December 12, 2017 at 3:04 pm on Janice’s Journal: Why Did Senator Franken Resign?Media convictions are killing our country. Once in the light, even acquitted, the accused person is done. This may be over simplified but I think we are over connected and addicted to "what's next"? American society feels as it has been pre-programmed in a way that expected reactions to certain inputs are expected. If true, I sure would like to know and show who these group(s) are. Janice is great.
  • Michael December 12, 2017 at 2:34 pm on PA: Legislature to address Pa’s sex offender registration lawsObviously it wouldn't. It's not germane anyway because they won't grant cert. ....
  • Michael December 12, 2017 at 2:30 pm on PA: Legislature to address Pa’s sex offender registration laws"would they say do your time under your state law or do your time according to what it was when first convicted?" The Commonwealth court in Tommy lee Jackson v. Commonwealth said no. They have to use whatever law is effect in PA at the time a person moved here, even if the state they moved from required lifetime registration for everyone, like SC does. ....
  • Michael December 12, 2017 at 2:27 pm on PA: Legislature to address Pa’s sex offender registration lawsThat clause forbids a state from unjustly depriving citizens from other states of any rights derived from state citizenship solely on the basis of nonresidence [e.g. land ownership]. I don't think that clause applies, otherwise it would have been used countless times all across the country as reason for someone not being required to register. The equal protection clauses of both the U.S. and PA Constitutions are more suited, as it was in Tommy Lee Jackson v. Commonwealth. Every state has legislation that requires anyone moving to the state that is convicted of a crime requiring registration to register. Some states have legislation that require a person to register if the person was required to register in the state they were moving from, even if their conviction would not require them to register in the state they moved to. So, can they apply the new law to anyone moving to PA after the law goes into effect? Absolutely. Does that mean a person can not challenge the requirement in court and prevail? Absolutely not. ....
  • New Person December 12, 2017 at 1:38 pm on FL: Oconomowoc tweaks sex offender residency restrictions in wake of federal court decisionTo petition off of something means you're under custody by somebody. You petition out of jail. Why are you petitioning off of the registry? That's a judge re-litigating your original crime to get removed off of the punishment born out of said crime. Remember, you're under custody of the state. So you belong to the state still. Involuntary servitude is prohibited unless to punish a crime. The registry was born out of a crime, but is not punishment. Therefore, the state cannot own you any longer or force you to do any service born out of your crime b/c it's not punishment. Services such as in-person annuals or in-person updates, having restrictions to abide by such as informing the state when you'll be out of state, out of the country, and re-registering in a new state after a certain time period. Also, you're banned from many occupations as well as housing services. All of this b/c you still belong to the state, under their custody. No other freed person is subjected to this compelled services/obligations that is not punishment. So why is there a need for a second judgement? Are registrants still under custody? If not, then this is involuntary servitude. If so, then this is punishment. And if this is punishment, then this is double jeopardy.
  • USA1 December 12, 2017 at 1:35 pm on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXWow! I’ve read many of the responses and it’s disturbing! Nobody seems to address the facts! Furthermore, everyone seems to avoid wanting to take accountability. If anything, people seem almost angry? This underage young man met a 2 time Convicted pedophile online! Chat room? Ad? Who knows. I do know they met online. How many grown men meet underage boys online and invite them to come visit their country thousands of miles away? Underage! No supervision! A one way ticket? This is disturbing. Yet, from what I’ve read, it’s the boys fault, caregivers fault and etc etc etc! I guess your all on the registry because it’s someone else’s fault! It’s the governments fault! New Person doesn’t make any sense? Kind of living sounds like a child on a playground. Nursery rhymes? Robert Curtis seems to think if underage children can drive, it’s okay? No one seems to look at the big picture. The Government just saved an underage child with a one way ticket from visiting a grown man who is a sex offender! Many of you share these characteristics: does any of this hit home? Hmmmm CHARACTERISTICS OF A PEDOPHILE In most cases, the pedophile turns out to be someone known to the child through school or another activity, such as a neighbor, teacher, coach, member of the clergy, music instructor, or babysitter. Family members like mothers, fathers, grandmothers, grandfathers, aunts, uncles, cousins, stepparents, and so on may also be sexual predators. Other characteristics include: Often the pedophile is male and over 30 years of age. Single or with few friends in his age group. Some have mental illness, such as a mood or personality disorder. If married, the relationship is more "companion" based with no sexual relations in the early stages. They are often vague about time gaps in employment which may indicate a loss in employment for questionable reasons or possible past incarceration. They often talk or treat children like adults. PEDOPHILES LIKE CHILD-LIKE ACTIVITIES They are often fascinated with children and child activities appearing to prefer those activities to adult oriented activities. They will often refer to children in pure or angelic terms using descriptive words like innocent, heavenly, divine, pure, and other words that describe children but seem inappropriate and exaggerated.
  • David Kennerly, "In the long list of all of your problems, I'm the least of them" December 12, 2017 at 12:37 pm on General Comments December 2017"Sex Registries as Modern-Day Witch Pyres: Why Criminal Justice Reform Advocates Need to Address the Treatment of People on the Sex Offender Registry" https://injusticetoday.com/sex-registries-as-modern-day-witch-pyres-why-criminal-justice-reform-advocates-need-to-address-the-aca3aaa47f03
  • i can't wait to die December 12, 2017 at 12:13 pm on FL: Death of sex offender in Georgia State Prison suspicioussuicide BY: doc/dc/Police/Feds/etc...
  • JM of Wi. December 12, 2017 at 11:35 am on FL: Oconomowoc tweaks sex offender residency restrictions in wake of federal court decisionOconomowoc is in Wisconsin, (just seems like Florida in it's oppression) I'm sure the appeals boards are filled with experts.
  • American Detained in America December 12, 2017 at 10:37 am on MI: Zachery Anderson denied termination of probationIf his conviction was vacated, what the hell is he doing still on probation??? Anyone questioning a corrupt legal system needs look no further than this case!
  • Registry Rage December 12, 2017 at 10:32 am on FL: Oconomowoc tweaks sex offender residency restrictions in wake of federal court decision“Child safety zone" is such an oxymoron. That's like saying "snowflake buffer.." Legitimate question: Why should anyone on the registry have to "petition" for their preexisting privacy, safety and security, that was circumvented by Megan's law in the first place, be restored?!?!
  • Who Removes from list December 12, 2017 at 9:54 am on PA: Legislature to address Pa’s sex offender registration lawsAs today at 1045am my husband failure to register under SORNA, internet indentifier, in Cumberland County have been dismissed. The DA, did not file her brief on why Muniz did not apply to my husband because the DA knew Muniz did apply, she has 30 days and time ran out yesterday! He was convicted in 2006 and sentenced in 2006 and had to register under Megans Law 3. My husband Motion to Enforce plea and habeas have been filed with the lower court also on Nov 13 2017. Right now, the fact that they dropped my husband's failure to register charges PER MUNIZ proved to me and him that he is due relief from the lower court as well! There is no stay, if they dismissed his charges!
  • Mike S December 12, 2017 at 9:31 am on PA: Legislature to address Pa’s sex offender registration lawsThe Bill did not get voted on during the Morning Session. The House will reconvene @ 2:45pm today where it looks like it will be the 24th bill voted on. Here is where things get VERY strange.....The Bill has moved from 1st Consideration to 2nd Consideration??? PA House rules require 3 "Yes" votes to move the bill to the Senate. Tomorrow is the last voting day of the year and now suddenly the Bill has had some sort of first round "yes" vote that was not done on the House Floor?? This is exactly how SORNA went down in 2011. There was no victory laps in the House Floor or any mention of what everyone was voting. The Speaker said (I think it was HB70) and then, seconds later, Bill passes, next bill......Now there were a ton of victory laps in Press Releases and campaign nonsense. Don't get me wrong, I want this bill to pass ASAP, just find it scary that there are no public hearings or anyone from the Defenders League of Phila or the Defense Attorneys of PA who were consulted. And we have seen that EVERY version of ML in PA has been whole or partly dismantled or struck down entirely. Food for thought! http://www.house.state.pa.us/Video/HouseVideo.cfm
  • Sam December 12, 2017 at 9:08 am on MI: Zachery Anderson denied termination of probationI get what you mean. It's also why so many underage get into bars. Where I'm at now it screws me up when I walk past the bars because everyone working there looks like they are just getting into highschool. But here at least you don't have all the issues since people won't really lie about how old they are or lie much about anything since its illegal to cheat others. The underage ones who would get you caught up are more into crystal and grass anyway so unless youre doing to do other illegal things there isnt much of a risk.
  • mike r December 12, 2017 at 8:43 am on General Comments December 2017Yeah, I hear you Chris. I guess I can't expect people to want to learn about what's causing them and the damn country such great harm. It's a shame and your right I really believe that 80% of the attorneys out there are either just ignorant, have mental deficiencies, or are just crooks stealing peoples money. It's the nature of the beast I guess. I'm not just talking out my a^^& when I say i'm so glad I found you and a few other people that knows what's up, are intelligent, knowledgeable, and are willing to spend the time to make something happen. I am really shocked at the lack of involvement by any group or organization. I know I shouldn't be but come on man, this is insane man. I started to this crap in a lot of ways just to help others (until the tiered bill system passed) now it isn't about them as much anymore, it's more about me and the country. and the few others that have helped. See if you can notice something wrong with my motion for extension. it is really obvious and can potentially be bad but I don't think so. I will have to call the clerk and ask them but I think it is just a minor technical error and it's is obvious what I was stating. Oh by the way I made to the court house with like twelve minutes to spare. AJ, caught your post and you got 14 before I found one instance it's 21 before another that showed two weeks after the filing date. Thedamn clerk doesn't even know, it doesn't matter now since I filed.
  • someone who cares December 12, 2017 at 7:54 am on MI: Zachery Anderson denied termination of probationThe system is just so screwed up here. I grew up in Europe where you can't apply for a DL until you are 18. I, personally, and I am sure so many others did not get their license until their late 20s because we have such a good public transportation system that it is not essential to drive if you don't have the money to obtain your license ( it costs like $2000 ) or you just don't feel the need. So, in my case, there was no ID that showed how old I was. So, what are guys in Europe supposed to do before getting involved with a girl who claims she is 17 or 18, or whatever age? Request to see her birth certificate (that surely nobody has readily handy)? Ridiculous! If a girl lies about her age, how is anybody supposed to know her real age? Girls over here look like they are in their 30s. I personally can't tell anyone's age anymore....you?
  • Sam December 12, 2017 at 7:41 am on MI: Zachery Anderson denied termination of probationInteresting how everyone got in an outrage over this kid. My case was almost identical but they had no worries putting me on the registry for 25 years then changing it to life. Damn must be good to be a white kid. Lol. At least he got a second chance.
  • Mike s December 12, 2017 at 6:30 am on PA: Legislature to address Pa’s sex offender registration lawsAdam, I’m guessing that you have seen the new bill? Is your crime on it? If not, you are good. You actually could have gotten relief under Hainsworth before Muniz. I know a lot of people who were in your situation that got the call from their PO in dec of 2012 and went back to their sentencing court judge and were removed. In any case, If your crime is not listed in HB 1952 I don’t see how you would be listed. Tune in today at 11am for first vote on HB 1952. This bill needs to be voted on three times, so it will not be passed in 2017 since there are not enough voting days left in the year. If Muniz submits their response this week and do not ask for another 30 day extension, there could be a serious race between PA Legislation and SCOTUS to see who either passes a law or denies Cert. Link to watch PA House vote online. http://www.house.state.pa.us/Video/HouseVideo.cfm
  • Nondescript December 12, 2017 at 4:35 am on FL: Death of sex offender in Georgia State Prison suspiciousThe prison is trying to say that the cause of this mans death is "suicide". Sure. http://www.timesfreepress.com/news/breakingnews/story/2017/nov/22/hays-state-prison-inmates-suicide-probed/457673/
  • Paul 2 December 12, 2017 at 2:18 am on PA: Legislature to address Pa’s sex offender registration lawsThey should have rescheduled the hearing for a new date when they were granted the 30days. The new date is when they should decide.
  • Paul 2 December 12, 2017 at 2:15 am on PA: Legislature to address Pa’s sex offender registration lawsNo need My bad I was just trying to get some clarification on the part where it said case by case I can see anyone that is pre SORNA and their time is up should automatically be removed plus any time for PSP to pull their panties out of their but hurt a holes. They will drag out removing people using lac of resources and man power. I don't see any situation where a writ should need to be filed unless they play the retard card and miss interpret the law, like two or more 10yr thing That would bite them in the ass if they pull that all over again.
  • Paul 2 December 12, 2017 at 2:04 am on PA: Legislature to address Pa’s sex offender registration lawsAdam they should take you off Don't see how they can make you reg under new law
  • terry brunson December 12, 2017 at 12:43 am on PA: Legislature to address Pa’s sex offender registration lawsA JUDICIAL DETERMINATION IS A CASE BY CASE LOOK AT YOUR CASE UNDER HB 1952 RULES
  • T December 12, 2017 at 12:43 am on FL: Death of sex offender in Georgia State Prison suspiciousVery terrible tragedy, being in prison is extremely dangerous, and so hypocritical for anyone to think that sex offenders are the most dangerous and unforgivable people for whatever the things they've done, and these maniacs that attack inmates that have committed a sexual offence and be branded as heros are no less evil for the things they've done.
  • Nondescript December 12, 2017 at 12:25 am on Janice’s Journal: Why Did Senator Franken Resign?They are resigning and retiring because the machine wants them gone or they were easy pickins to be sacrificial lambs for the broader agenda. And when your masters want you gone- you go. ( People who allowed into the elite circles are the most tracked and controlled people on the globe) It seems like most of the allegations against these men in media, entertainment, and politics are for " inappropriate sexual misconduct" . I really don't know what that means, but new legislation is already being crafted to criminalize it. Aggressively pursuing someone for a date? Uttering sexual innuendos to another adult? Will it become a crime for a man to initiate a conversation with a woman soon? On another matter, I was recently browsing through a very respectable and popular website people frequent, to read reviews on a movie I was thinking about going to see this past weekend and what pops up? "Alleged Pedophiles". Catchy headline huh? I guess anyone can become a member of this site and add content ( kind of like Wikipedia) Anyway, before they listed the names and photos of 158 well known actors, directors and rock stars , they admit that they are "rumored" to be pedophiles, hebephiles and ephebophiles. This is a well known mainstream site, and they have a list of some of the most successful people ( all men) in the business- most haven't been mentioned in the news. My first thought was how can a website just start shaming these people? It is truly scary what is going on, but I see it as part of a broader agenda . There is a war on men and it is not good.
  • terry brunson December 12, 2017 at 12:02 am on PA: Legislature to address Pa’s sex offender registration lawsYou are thinking correctly you would be back to your offense not being under SORNA
  • terry brunson December 11, 2017 at 11:50 pm on PA: Legislature to address Pa’s sex offender registration lawsAt the end of the HB 1952 it says : An individual who, before or after the effective date of this paragraph: (A) Commits an offense subject to 42 Pa.C.S. Subch. H; but (B) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Subch. H, is not subject to registration as a sexual offender. Paul do you see the words Judaical determination? That means case by case going to a judge and getting a determination order from the court. . .Why can't you understanding that this is case by case - - - - - If HB 1952 is passed as law you going to have to get a judicial determination after the effective date of HB 1952 which is 42 Pa. C.S. Subch H - You get the judicial determination from the court - and you will NOT BE SUBJECT TO REGISTRATION AS A SEXUAL OFFENDER . The judical determination is done in Pa. case by case filed in a court - - Do you get this? If not I cannot make it no more clearer that it is written right in the HB 1952 I did not make these words up. . The came out the bill 1952
  • terry brunson December 11, 2017 at 10:43 pm on PA: Legislature to address Pa’s sex offender registration lawsIt should by after April 1996 but before !9 December 2012 to attack pre-SORNA people.
  • terry brunson December 11, 2017 at 10:41 pm on PA: Legislature to address Pa’s sex offender registration lawsML 2 and ML 3 were expired by SORNA on 20 Dec 2012 - - - - - - - - - - - There were not "saving clause" marks with the ML -2 because it was deemed unconstitutional by Williams II and ML 3 was deemed unconstitutional by Neiman ans SORNA was deemed punitive due to retroactive application to Pre-Sorna people. . .. .. Then there was ACT 19 of 14 March 2014 which was applied to transients and out of state sex offenders as a loop hole fix it too was applied retroactively and can be challenged by MUNIZ decision of 19 July 2017 PASC. Now we are looking at HB 1952 which is not law yet, but when it becomes law it wi ll not be able to pass a constitutional muster at a court bar in a Common Pleas level -Commonwealth court level - a Pa. Superior appeals court level - or at the PASC level. . . . YOU ALL WILL SEE. . . . Megan's law SORNA is still in the state of PA but it just can't be applied to Pre-SORNA people. Pre-SORNA people are in a special class today in PA. The Pa. Judicial people are trying to do anything to stop an exodus of 18,500 RSO's from leaving the registry without know where they will be at? Good luck to all that have to be a pawn in all this - - -HB 1952 has a provision in it that if one gets "JUDICIAL DETERMINATION" on on after it becomes law - Pa. chapter 42 subsection H will not apply because of that judicial determination.
  • Tim Moore December 11, 2017 at 10:36 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI don't know, it takes a lot of will power to end one's life.
  • Tim Moore December 11, 2017 at 10:11 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI am not so sure a registrant would gun down a bunch of people, I hope not. Most are non violent and do not want to draw attention, at least the ones I have met. The shooters seem to be the ones who expect some sort of privilege above others, and it takes someone telling them they had to earn respect like everyone else, to set the trigger of their rage, then they seek to show the world that doesn't accept their superiority, that they are powerful.
  • Tim Moore December 11, 2017 at 9:34 pm on PA: Legislature to address Pa’s sex offender registration lawsSo true, Mike, I remember although it was a decade and a half ago, at some hearing I was to have, my lawyer somehow managed to move my hearing in the nick of time to another courtroom. It happened that news cameras were setting up in the courtroom I was to enter. It wasn't me or my case that brought them there, but if I had stayed, that would have changed, and I would found myself broadcast all over the county. That little switcheroo saved me and my family much grief. Lawyers have to know the law, but more importantly the players in the courtroom.
  • Adam December 11, 2017 at 9:32 pm on PA: Legislature to address Pa’s sex offender registration lawsHey everyone, I feel pretty clear on this, but I would love any confirmation that anyone is able to give me. I was sentenced in 2011 but was not required to register until 12/20/12, as my offense was not a registerable offense until SORNA. So my understanding is that if HB 1952 is passed as is I would then come off the list. Am I thinking about this correctly? Thanks in advance for any thoughts.
  • NPS December 11, 2017 at 8:51 pm on Janice’s Journal: The Stage is SetYes, 288(c)1 is a wobbler and can be reduced. However, your attorney is correct. Any section of 288 is not eligible for a 1203.4 See 1203.4(b) where it lists the codes that cannot be expunged. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4.&lawCode=PEN Here is the document you need to file your motion: http://www.courts.ca.gov/documents/cr180.pdf
  • CR December 11, 2017 at 8:17 pm on Don’t Rush New Sexual Harassment Policies, Some Women Lawmakers WarnWords are important. Punctuation is important. I get that some people aren't ace grammarians or champion spellers, and I know many people use cell phones that "correct" their spelling whether they want it to or not. (Check your phone... you have control over that.) I'm generally polite about such things, and I'm willing to cut a lot of slack to speakers because I'm much more interested in what they have to say than how they say it. But failure to correct gross errors like "hire ups" when you mean "higher ups" is evidence that the speaker doesn't give a shit about the readability of his comments. Kindly pay more attention in the future.
  • AJ (@mike r) December 11, 2017 at 8:05 pm on General Comments December 2017I 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.
  • AJ (@mike r) December 11, 2017 at 8:03 pm on General Comments December 2017See my other post addressed to you. From what I found, it appears you have until 14 days before the hearing date.
  • AJ (@mike r) December 11, 2017 at 8:00 pm on General Comments December 2017@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!
  • AJ December 11, 2017 at 7:51 pm on General Comments December 2017@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."
  • DLP December 11, 2017 at 7:03 pm on Janice’s Journal: The Stage is SetHi, just saw your post. I have court this Week to petition the court to have my 288(c)(1) Reduced to a misdemeanor but my attorney is telling me that it is not eligible for expungement. You say yours was dismissed or expunged. Can you provide any helpful information ? Thank you!!
  • Mike s December 11, 2017 at 7:00 pm on PA: Legislature to address Pa’s sex offender registration lawsUp to the judge. A decent lawyer would move for dismissal the second that the ADA tells the judge that the dog ate his brief. This is a perfect reason why you always get a defense attorney th3at practices in the county your are tried. If he is respected, judges will play ball. Remids me of a great tee shirt. Good lawyers know the law, Great lawyers know the judge.
  • Mike s December 11, 2017 at 6:56 pm on PA: Legislature to address Pa’s sex offender registration lawsYes Paul, Even though the writers of HB 1952 did not take the time to amend the “two convictions of a 10 year” to comply with AS, A.S. Applies to your case. Like I’ve said in the past, my layer represented A.S. And I hired him shortly after he won that case nice it closely married my case. Just got the alert tonight that HB 1952 has been removed from the table and is going to be voted on tomorrow for the first of the three votes in the House. See House Calendar http://www.legis.state.pa.us/cfdocs/legis/SessionCalendars/index.cfm?Chamber=H
  • kind of living December 11, 2017 at 6:36 pm on General Comments December 2017msn News........ Hitller -themed homework upsets parents of Illinois middle school students . ,,,,, ,, I mean Really ? some where on down the line I see how this could be used to shape our children's minds , by changing history to fit the true agenda , lol , I mean , who said it was ok to do this at this school ? and how could something like this affect RC's, and there children in a very real would yet to come ?
  • Brian December 11, 2017 at 5:12 pm on Don’t Rush New Sexual Harassment Policies, Some Women Lawmakers WarnOr just ignore it all together Or act like it never happened like the hire ups in charge if you know who I mean.
  • Mike W December 11, 2017 at 4:11 pm on General Comments December 2017So, we won Doe v. Snyder for those in the 6th Circuit. What do we do next? I’d kinda like to get a tap on the shoulder and a “never mind. You don’t need to register anymore” But I doubt that is going to happen. My offense was decades ago, pre the 2006 & 2011 law (’88). Is the Michigan State Police going through the ones that need to released? Do we have to wait on new laws (that may never come) to go on the books? Please, someone spin the wheel, I’d like to buy a clue!
  • TS December 11, 2017 at 3:41 pm on VA: Forcing kid to masturbate for cops in sexting case was wrong, court findsFrom Reason.com: Court to Cops: Forcing a Teenager to Masturbate in Front of You Is Not Reasonable http://reason.com/blog/2017/12/07/4th-circuit-says-forcing-a-teenager-to-m Amazing what the judiciary thinks of this. The entire investigation legal team doing this should be sued
  • Registry Rage December 11, 2017 at 3:03 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderOnly the weak ones "implode" and rage quit life. They think we're all a bunch of cowards and pushovers. Not true. I live to mouth of at LEOs and tell them exactly how I fell. I always remeind them they have the least important job in building - next to the janitor - twice a year when I register. Seriously. I once even asked them "How can you even believe in what you're doing..?" I rub their noses in it and get nasty. THEY are the ones that need to be demoralized and dis-empowered, not us! Fire needs to start burning up hill. That's the only thing they seem to understand at this point.
  • Brian December 11, 2017 at 2:48 pm on PA: Legislature to address Pa’s sex offender registration lawsPaul Sorry about the whole misunderstanding, sense the law will take you back to 10 years it all depends on when your time was up, my time was up in 2013 but due to SORNA I went to 25 years, if HB 1952 passes I would be off the list, you are right with the some that were ten years then went to life, they will be off as long as their time doesn’t go past 2017, if your time does to say 2020 then your on till 2020, pre SORNA doesn’t automatically say you get off the registry unfortunately, I got that writing from a friend and I just thought it would shed some light for you but it did not have that effect, sorry Paul my mistake. So yes if your ten years is up then once and if they pass SB 1952 you and I and many others will get relief as long as your time was is up you should be good to go.
  • C December 11, 2017 at 1:46 pm on General Comments December 2017I'm pretty sure he's well aware, but apart from rubbing his nose in the mess, like a yet-to-be-housebroken puppy, what good will that do? I'm as happy as the next RC when a politician crashes and burns, but Anthony Weiner, in my view, strikes me as the kind of guy who reacts to crisis by thriving, not cowering and hiding. Sure, send him letters and make him, a man who knows, how to get things done, an ally.
  • who removes from list December 11, 2017 at 1:36 pm on PA: Legislature to address Pa’s sex offender registration lawsIf at a dismissal hearing for failure to register charges, the DA requests 30 days to file a brief from the day of hearing and asks the Judge for 30 days to file a brief to prove that Muniz does not apply to defendant .Then the Judge grants the DA the 30 days to try and prove that Muniz doesn't apply to the defendant. So the failure to register charges should not be dismissed. After the Judge grants the 30 days, the DA does not file the brief because Muniz does apply to the defendant. And they knew that at the dismissal hearing, but only used that request to slow things down and delay the process and the dismissal. What happens if the DA failed to file the brief and used this as a delay tactic, does the defendants charges get dropped without a hearing because they failed to file the brief? Or does a hearing need to be requested and rescheduled? What should the defendant do in this case? Also the defendant, knows Muniz applies because he was convicted and sentenced back years before SORNA and he will be placed on House Bill 1952 if passed. Anyone, AJ, Paul 2?
  • Paul 2 December 11, 2017 at 12:14 pm on PA: Legislature to address Pa’s sex offender registration lawsSorry Brian but you are not listing specifics in the new law so what you are saying is not making sense. The first thing is where in the new law does it say anything about case by case? What parts of section I, of continued registration won’t pass muster? Do you not see the part that says IA7 is now 10 yr not tier 3 life?
  • Paul 2 December 11, 2017 at 12:09 pm on PA: Legislature to address Pa’s sex offender registration lawsThanks Mike Wouldn't someone that had an IA7 and a CP have to come off also IA7 was 10 made Life by SORNA CP plus IA7 made Life under ML3 But shot down by A.S. IA7 in new law is 10yr Two or more goes back to 10yr If they were not separate convictions separated by time to reform per A.S. Just saying this because some people designated life will also be removed if their 10yr is up
  • Chris F (@Mike R) December 11, 2017 at 11:40 am on General Comments December 2017I'm coming up empty Mike R. I don't know why they make it so hard to find the rules. Lawyers really want to keep all this to themselves and keep the fight out of our hands. I don't know how to find the rules for a federal file in your district. As for all those that aren't helping, it's a shame but kind of the way our system is designed. Think of how much we had to learn just to know the basics of the Constitution and how our legal system works. It's really so beyond the common folk that just getting started in it is the equivalent to getting a masters degree. Just look at how many people went through the process of becoming a lawyer and still don't understand this stuff and end up setting bad precedents with poor representation and no understanding of the early 2002-2003 SCOTUS cases as well as don't understand what Substantive Due Process is. Heck, most judges don't know.
  • steve December 11, 2017 at 11:29 am on General Comments December 2017That's a great idea. We should ALL send Anthony Weiner a letter, very short, explain how the laws he helped create and passed are affecting our lives and soon he will see how bad life is once you're out and then wish him luck. I'm sending mine off this week. ANTHONY WEINER Register Number: 79112-054 FMC DEVENS FEDERAL MEDICAL CENTER P.O. BOX 879 AYER, MA 01432
  • Relief December 11, 2017 at 11:14 am on General Comments December 2017@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 December 11, 2017 at 10:45 am on General Comments December 2017One thing I've noticed over the years is many of those in government going out of their way to pass these crazy sex offender laws, are committing illegal acts themselves and only doing it for cover. I really feel these guys once convicted should receive thousands of letters for registrants calling them out for making our lives hell.
  • It doesn't get better December 11, 2017 at 10:38 am on General Comments December 2017This story just goes the hypocrisy of the collective American conscience: https://www.nytimes.com/2017/12/11/us/bullying-video-keaton-jones.html A great deal of celebrities, public figures and athletes are rallying behind this bullied kid on social media using his plight as a platform for free PR, offering to fly him out for movie events, gifts and selfies. Yet, here WE ARE twisting in the wind, languishing in perpetuity with our PICTURE and personal, private info posted Online for the whole world to see. If that's not the highest form of bullying then I don't know what is!! Further, we're forced to live a LIE because the unsuspecting public is being duped and bamboozled into believing we're a credible safety threat.
  • Mike s December 11, 2017 at 10:37 am on PA: Legislature to address Pa’s sex offender registration lawsJon, I am in a similar situation but I am T1 and going on 12 years of a 10 Year offense. My attorney advised me that I would be off the registry if HB 1952 passes as is. All RCs from 1996 - 2012 would be sentenced under the law at the tine they were convicted. This preserves all of the RCs that are on the registry for life. Anyone in the registry for a crime outlined as lifetime on HB 1952 would remain. All RCs on the registry that were convicted before 2007 (10 years before today) would have served their time and would be removed. That is basicly T1 and T2 with convictions prior to 2007. If this law does not pass and SCOTUS denies Cert, SORNA would be illegal to enforce, Ex Facto. (After the fact) and ALL RCs on the registry who were convicted before December 12 2012 would have to be removed. Im taking my attorney’s word in this one, I’m sure the PSP might try to play games but they have gone on the record as understanding what is at stake here and I am going to make damn sure that they understand what this new Bill means by and through my lawyer!
  • Gralphr December 11, 2017 at 10:31 am on Janice’s Journal: Why Did Senator Franken Resign?This was a great article, and should be on the front page of every newspaper nationally. This country really has opened a can of worms that will only get worse if not brought into the light.
  • kind of living December 11, 2017 at 10:12 am on General Comments December 2017@mike r ..... .. good comment
  • Jon December 11, 2017 at 9:53 am on PA: Legislature to address Pa’s sex offender registration lawsSo what would this do to me? I have a conviction date of 2010 and pre sorna I was a non svp with 10 years reporting with only 1 x in person reporting. Now I am a non svp tier 2 with 25 years and 2 x a year reporting. With post Sorna i had to add in email addresses and such with my reporting, and since my conviction date was before dec 2012 i could do mail updates for my non in person updates. I get it that Muniz would give me the best win and I could technically be taken off because all prior Megan's Law registries have all been expired... but would HB 1952 put me back to pre sorna? If it puts me back to pre sorna would I also need a court order to remove me at the end of my 10 years or would I just receive a letter saying I'm done? I'm just trying to figure out if this would help me some, make it worse for me or would it not do anything for me at all…
  • Brian December 11, 2017 at 9:39 am on PA: Legislature to address Pa’s sex offender registration lawsHB 1952 make it seem like one has to file to get something that should come automatic. Results of Muniz should be applied to all Pre-SORNA RSO’s before date 20 December 2012 HB 1952 says at the end of the bill that it is targeting people with the dates of offenses after April 1996 but before 19 Dec 2012 That is a pre- Sorna attack. Muniz fought hard to help all pre-SORNA people to get off as soon as Muniz is remand back to PASC from SCOTUS on Freed denial of Cert. HB 1952 seems to the PSP to be a saving law. It is the re-write of ML -2 which Commomwealth v. Nieman shut down in its entirety. . . PA though the AWA was so strong because courts were turning their eye to the Ex Post Facto elements of the Law. The PASC woke up to the game and changed the rules. . . . . . . when the PASC gives a vote of 5 to one no vote which MUNIZ was – they intend to see that all get the benifit of their decision in the Commonwealth by court order – and not no Muniz fix that helps only some. Muniz by itself will make the PSP remove 18,500 RSO’s off the registry. They don’t like that. So they done the HB 1952 as damage control to slow the exodus of the registry. They say it clearly in the bill – if anyone is willing to get a judicial determination or a court’s order – they will be off the registry with no questions that is people like you and I. not Pre-SORNA people that tens passed and now HB 1952 will give them guys only a freedom card off. that is about 4500, what about all the MUNIZ decisions the PSP MUST let OFF? They now got to file a judicial determination? What the What Da? Does that sound like a fire fix? Hell no. . . . . . Under Muniz there is no ML 1 2 3 od SORNA to hold you to – – – – This New law gets in the way by putting a new law it the way . . . to have to get judicial determination to get off what the PASC in Muniz says all should get with or only one court order from the PASC through the AG to the PSP to let all 18,500 RSO’s in this Commonwealth go free under Muniz the law of the commonwealth Now. . . . . without any judicial determination of a case by case filing and paying money to lawyers for Mandamus. . . . . THIS IS CRAZY… i HOPE WHO EVER READS THIS WOULD UNDERSTAND WHERE WE ARE TODAY
  • mike r December 11, 2017 at 9:22 am on General Comments December 2017Well, just talked to the AG and she agreed to the new date and stated she would not object to it. Talked to court clerk and they are unsure so I am filing.
  • mike r December 11, 2017 at 9:05 am on General Comments December 2017Matter of fact I am requesting the maximum amount of time according to the rules.. 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 to the allowable 28 days pursuant to Local Rule 144 (Fed. R. Civ. P. 6) (a). The Plaintiff requests the Court to set the deadline for filing a response to January 8, 2017.
  • mike r December 11, 2017 at 8:40 am on General Comments December 2017I am going to call the clerk when they open and the AG to see if they will agree to my extension and I do not even care if they say "oh don't worry bout you have such and such time" I am filing unless I see a statue or code or rule in writing with a definitive answer. I would rather look stupid then lose my case for some lame tech. like that.
  • David December 11, 2017 at 8:35 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offender(Well, maybe his fellow actors and production crew will become vocal advocates for ending this public ostracism.)
  • mike r December 11, 2017 at 8:30 am on General Comments December 2017Yeah, 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.
  • C J December 11, 2017 at 8:17 am on General Comments December 2017This was a reply to AJ earlier in the thread. Re; Mississippi SC ruling.
  • HOOKSCAR December 11, 2017 at 8:08 am on Internet Censorship Bills Wouldn’t Help Catch Sex TraffickersOooooohhhhhhh! Dinner and a show. I’ll bring the snacks.
  • C J December 11, 2017 at 7:13 am on General Comments December 20175-4 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.
  • Chris F (@Mike R) December 11, 2017 at 7:11 am on General Comments December 2017Wow, 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.
  • 🐑Sheeple here🐑 December 11, 2017 at 7:06 am on Internet Censorship Bills Wouldn’t Help Catch Sex Traffickers🐑🐏 I'm sorry I won't be able to join you going over the cliff, but I haven't provided my 21-day notice and my passport doesn't have the unique identifier. Why do I miss out on all the fun?🐑🐏
  • CR December 11, 2017 at 5:55 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI like that, Tim. I suspect there is a great deal of truth to it.
  • mike r December 11, 2017 at 5:53 am on General Comments December 2017OK, 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........
  • Will Allen December 11, 2017 at 5:52 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXBig Mac: Stop with the babble that you were fed in "therapy". The only thing I'm saying is don't read an obvious propaganda piece from Nanny Big Government (NBG) and automatically assume that it is true and especially don't feed into their ridiculous hysteria. NBG will never stop telling you how much you need them and how great a job they are doing "protecting" you. Start with the assumption that anything that they say is a lie. Then look into the facts for yourself. But if you really are such a big fan of NBG and you believe that all people who are listed on their Registries deserve to be treated "specially", then maybe you belong on a Registry Terrorist web site instead of here? Perhaps you belong with the people who love NBG, get off on harassing other people, and need to pay a LOT more taxes for their NBGs. People who love NBG need to pay them.
  • BL December 11, 2017 at 5:49 am on Janice’s Journal: Why Did Senator Franken Resign?I'm a bit torn about this, for generally the same reasons I'm torn about the Brock Turner case. My opposition to the carceral state and my opposition to elite abuses of privilege and power are at odds here. In lieu of making an argument, which I don't have time for this morning, I would posit that perhaps people like Franklin and Turner would be more willing to take full (or fuller) responsibility for their actions, wouldn't rush to take advantage of their positions of privilege and power and instead be willing to make amends to victims, if total social death weren't such an assured fate for those accused of sex crimes.
  • mike r December 11, 2017 at 2:12 am on General Comments December 2017This 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.
  • mike r December 11, 2017 at 1:02 am on General Comments December 2017Wow 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.........
  • mike r December 11, 2017 at 12:54 am on General Comments December 2017I hope they make an exception since I am pro se if it is past deadline.....
  • mike r December 11, 2017 at 12:44 am on General Comments December 2017Well 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.
  • Paul 2 December 10, 2017 at 11:14 pm on PA: Legislature to address Pa’s sex offender registration lawsWhere does it say case by case? What parts of section I, of continued registration won't pass muster? Wouldn't PSP have to remove anyone that had their time on reg increased by SORNA without having to file a writ? I think they said they would look at each case and remove the ones due relief.
  • RC December 10, 2017 at 10:49 pm on Janice’s Journal: Why Did Senator Franken Resign?The only thing is that it is not assured Franken will get replaced in the special election by a Democrat. Minnesota is a purple state, meaning the people could vote for a Democrat or Republican. True, currently both Senators and the Governor are Democrats. But look what happened in Democratic Massachusetts when Ted Kennedy died. The special election put in Scot Brown, Republican, into the seat now held by Elizabeth Warren.
  • Tim Moore December 10, 2017 at 10:49 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI don't know what they are afraid of, but maybe the monster they fear is within themselves. I remember someone saying something like why the response to sexual offenses is so visceral is because people recognize the attraction in themselves, and not knowing how to properly address it and still protect the ego from shaming from others if it is revealed, the person creates a Grendel monster outside themselves to subdue. It's kind of a ritual that is meant to dispell all doubt from your fellows that you are one of the good ones.
  • Tim Moore December 10, 2017 at 9:43 pm on #DontLookAway: The difference between paedophiles and sex offendersI am wondering if US registrants are allowed into South Africa to visit or immigrate and how they are treated there.
  • Tim Moore December 10, 2017 at 9:29 pm on Don’t Rush New Sexual Harassment Policies, Some Women Lawmakers WarnFine, when there is a terrible sex crime, grab the parents by the arms and fly them to the capitol asap and get a bill passed, any bill that will heave more punishment on all registrants. Who cares if it is best policy, got to make laws while the news story is hot. But when the elites are accused of harassment, let's take our time and be rational.
  • TS December 10, 2017 at 7:22 pm on General Comments December 2017@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??
  • Brian December 10, 2017 at 7:20 pm on PA: Legislature to address Pa’s sex offender registration lawsFrom what I read is people who were close to being done with the old law will be done like in my case I was to be off in 2013, but my understanding is people that have any major time past 12-20-2012 will have to complete the rest of their registration, once Muniz is 100%law people will have to file mandamus and being the writing says case by case meaning they have to file suite meaning each individual person on ml/SORNA because they know SO’s don’t have money to get lawyers they will be stuck unless they come into money somehow, their not letting people go voluntarily from what I hear you have to file suite once Muniz is final if SB 1952 and Muniz are playing out together. If HB 1952 doesn’t make it off the floor which I have heard a couple thoughts on the matter, they think it won’t make it off the floor and some think it will, but if it does it will be challenged most likely and will loose under constitutionality. My friend said this. On the surface HB 1952 looks bad but when you read through it – I have to give a hand to the writer of this bill. It is a Muniz fix bill that says that, but it is a trick bill that doesn’t give Muniz protections to all like the Muniz decision does. I would stick with Muniz and wait for the Muniz decision to remand. HB 1952 only helps a few get off the registry when Muniz opens the door for all to get off. It is a bill that is a good collage try to act like the law makers of Pa. are trying to look out for public safety. But HB 1952 will not pass a constitution muster if challenged in commonwealth courts. . . . . The court levels are Common pleas court, Commonwealth court, Superior court – then the PASC. Any low level court will use Muniz to defeat HB 1952 if it becomes law and someone challenges it. It will be found unconstitutional on Pa. Constitution Article 1 Sections 1, 9, 11, 17, and 26. and the cases in precedence that would knock the law out would be Muniz – Neiman, Reed, and Woodruff and the law is done. . . . I can see the concern that the politicians have if this law fails and Muniz takes the precedence position AND FROM THE LOOKS OF IT -Muniz will – It is a gamble law to fix muniz if RSO’s don’t challenge HB 1952 when it becomes law.
  • AJ December 10, 2017 at 7:04 pm on General Comments December 2017Same 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.
  • Brian December 10, 2017 at 6:47 pm on Don’t Rush New Sexual Harassment Policies, Some Women Lawmakers Warn@AJ I’m sure they will find some way to apply it to RC’s or stick it in some law and try and apply it illegaly like everything else they come up with.
  • CR December 10, 2017 at 6:37 pm on PA: Legislature to address Pa’s sex offender registration lawsNot sure I understand the question... How could the State Supreme Court ruling in Muniz stand if SCOTUS grants cert and overturns it?
  • Joe December 10, 2017 at 5:31 pm on PA: Legislature to address Pa’s sex offender registration lawsAnd what about shaming? I'm not seeing that addressed. The part about it being public on the internet. That part can still be fought.
  • AJ (@mike r) December 10, 2017 at 5:12 pm on General Comments December 2017@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.
  • mike r December 10, 2017 at 5:06 pm on General Comments December 2017Yeah 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.....
  • AJ December 10, 2017 at 5:02 pm on General Comments December 2017Gralphr: 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.
  • steve December 10, 2017 at 4:59 pm on General Comments December 2017Not 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 . “
  • steve December 10, 2017 at 4:53 pm on General Comments December 2017Can’t mike reference the 6ths opinion? I believe they say something like the registry is not the same when Smith vs doe was decided.
  • AJ December 10, 2017 at 4:42 pm on Don’t Rush New Sexual Harassment Policies, Some Women Lawmakers Warn“When you’re in crisis mode, you tend to move quickly. I don’t necessarily think crisis-legislating makes the best policy,” says Illinois state Sen. Toi Hutchinson, who is also the incoming president for the National Conference of State Legislatures. ----- Hmmm....too bad this thought process didn't/doesn't apply to RC laws.
  • Gralphr December 10, 2017 at 4:35 pm on General Comments December 2017Hello, 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.
  • MS December 10, 2017 at 4:19 pm on General Comments December 2017Moderator 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.
  • Relief December 10, 2017 at 3:18 pm on General Comments December 2017According 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")."
  • Chris F (@Mike R) December 10, 2017 at 3:15 pm on General Comments December 2017How 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.
  • Chris F (@Mike R) December 10, 2017 at 3:07 pm on General Comments December 2017Looks 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.
  • Who removes from list December 10, 2017 at 2:21 pm on PA: Legislature to address Pa’s sex offender registration lawsWhat happens if the House Bill 1952 is passed and Pre Sorna have 90 days to register under the new law. And my husband or anyone goes down to the PSP to register under it on Day One. Then a couple months go by and SCOTUS GRANTS CERT. Then they over turn Muniz, in someway? The House Bill 1952 was designed to fix Muniz and my husband or others would be on it already. Can they force him to register under SORNA again? Or does the state constitutional ruling still stand of Muniz?
  • L.L December 10, 2017 at 1:32 pm on Janice’s Journal: Why Did Senator Franken Resign?Firstly, nice plug, as the STATIC-99R is indeed a scam!! But I will reserve my hostile opinions on the STATIC "assessments" for another day! Second, and as it relates to the Al Franken topic, I view Franken as having resigned as a form of, at least in part, self-sacrifice. Certainly his fellow Senators pressured Franken to resign for the "good of the party," in hopes that Franken resigning will attract voters who, as Eric Knight says below, may see the Demorats as the more "good party." Franken gets replaced anyway by a different liberal, and the hope is that by taking the high road, Trump/Moore staying makes it seem like the Republicans cradle and defend the unregistered sex offenders such as Trump and Moore. The problem is that many who identify themselves as Republicans and/or Trump supporters are so ideologically focused on achieving the current Republican agenda that Moore will win, Trump MIGHT gain popularity over time, and Franken's resignation may not make much of a difference at the end.
  • New Person December 10, 2017 at 12:41 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI forgot that it did impact the whole production. Also it wasn't as if he was given the lead role. He had to be good to earn the lead role. So what does this say to any registrant? No matter how hard to try to become better, the society will never let you be their equal.
  • New Person December 10, 2017 at 12:33 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderIn San Bernardino County (a counting in Southern California), a sex offender is now allowed to apply to be a firefighter. I read that in an newspaper that were looking for firefighters and would allow non-violent felons to apply, but sex offenders are excluded.
  • TS December 10, 2017 at 12:12 pm on Internet Censorship Bills Wouldn’t Help Catch Sex TraffickersBut it sure looks good on your political resume if you did give this support and voted for it regardless of what the actual end results are!! Hey! There is a sheep going off a cliff!! We should join it too!! Come on sheeple!! Let's go!! Somewhere, Rep Smith has to be smiling from ear to ear!
  • Big Mac December 10, 2017 at 11:25 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXWow! You guys all seem to blame everything on the government? I guess everyone is on the registry because it’s someone else’s fault? It’s the kids fault! The CBP must be dishonest, because you heard rumors! The kid is 17 and he must be capable of making level headed decisions, even though he is underage? I guess getting on an International flight and flying half way across the world is ok? It’s everyone’s fault but the 2 time convicted offender? I guess everyone gets on chat rooms, makes friends with underage boys and asks them to take International flights to visit them? I’m sure the boy knew what the grown man had been convicted of? Yeah. It’s everyones fault! It’s the boys fault, governments fault, corrupt CBP, caregivers fault! It’s everyones fault! The Registered citizen is just an innocent bystander. Yeah! I guess it’s ok for Registered Citizens to meet underage boys online. Sure. Groom? Manipulate? You guys are disturbing!
  • RM December 10, 2017 at 11:15 am on General Comments December 2017Gralphr, 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.
  • CR December 10, 2017 at 10:54 am on General Comments December 2017I 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.
  • TS December 10, 2017 at 10:54 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offender@Ron No where does it say you cannot be an actor or a fireman. Just because the tribal mob in Baltimore and in Harrisburg got their undies in a wad and chased away a theater production and two fireman via media, does not mean they are banned.
  • TS December 10, 2017 at 10:50 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderHave to wonder if he had not been the lead for the play, would there've been an issue still because he did found the theater initially, so it was his production. Was it merely because he was the lead in the play with his history or is it something more? Sad state of tribal mob mentality to not just impact him, but all those involved.
  • Double A December 10, 2017 at 10:02 am on General Comments December 2017I’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.
  • Double A December 10, 2017 at 9:46 am on General Comments December 2017Awesome. 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.
  • Double A December 10, 2017 at 9:42 am on General Comments December 2017I 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.
  • HOOKSCAR December 10, 2017 at 8:57 am on Janice’s Journal: Why Did Senator Franken Resign?@Miker I get it now. Had a brain tumor so I am not as sharp as I used to be. Lol!!!! Learning a lot from your posts and eventually I will file my own challenge. Looking to next year to see if I can swing it financially. If you do not mind me asking, how much has this venture hit you monetarily?
  • Tim Moore December 10, 2017 at 8:22 am on General Comments December 2017You 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?
  • Ron December 10, 2017 at 8:21 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderSo, among the professions we cannot hold because of the law. Actor and firefighter are prohibited as well. Exactly what jobs can we obtain?
  • Stephen December 10, 2017 at 8:19 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderI agree with you Tim, I always wait to hear on the news if the weekly mass shooter was registered.
  • Bob December 10, 2017 at 8:06 am on IN: Justices to decide if sex offender’s internet restriction unconstitutionalI recall this kid (19-20?) in Sharper Finger's class... he had 5 and his PO said it was a new law changed to 10 ! Imagine that friggen ankle tag... 10 years... I think lame parole did it cause they were loosing $$ of keeping your cdcr # active because they cant throw you in prison for a year at a time for a violation... its all about the $ on parole and the lame cdcr. Luckily I only had 3 yrs on lame parole and they got me a extra 5 mos for violations some that werent even a VIOLATION of conditions... THE CDCR IS A CORRUPT ENTITY !! Like when they do surprise compliance checks at 5pm on a SATURDAY... 10 of them just for the OVERTIME !!!
  • Bob December 10, 2017 at 8:00 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderTypical of the police... The DA tried to claim I was grooming a 17 1/2 yr old guy..... well lets see you cant GROOM a guy that is GAY and PROMISCUOUS who WANTED sex... Grooming is when you give someone something to entice them or do something they normally wouldnt do The DA's are just as LAME as some of the police if not worse !!!
  • Tim Moore December 10, 2017 at 7:43 am on General Comments December 2017There 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.
  • Tim Moore December 10, 2017 at 7:08 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderThey want to drive registrants into the shadows, which if they ever thought about it, is counter to the original justification for the registry, which was to know where the registrants where. You can't expect people to tell you where they are when doing that means social death. People register under duress and then options to live a productive life are removed one by one, I am surprised someone hasn't blown up. I guess mostly we implode and that is why the suicide rate is high.
  • JoeHillsGhost December 10, 2017 at 6:27 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderNot only was the man punished, but everyone involved with the production, who devoted their time and talent to stage the play were denied that opportunity, based on nothing more than fear of what the public might think.
  • CR December 10, 2017 at 6:09 am on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderTo many (most?) people, sex offender = monster. The one that hides in the closet, or under the bed. The most feared of all monsters. They should call it the monster registry. No matter what it's stated purpose, the registry actually serves the public as a means to inflict near total social ostracism (i.e., banishment) on registrants.
  • John December 10, 2017 at 6:01 am on IN: Justices to decide if sex offender’s internet restriction unconstitutionalAgreed here. When I was on probation in Florida (5 years probation), I had internet restrictions. After 2 years into probation, I motion to modify my conditions to have access to the internet/computer for basic necessities like work and banking ..etc. etc. As long as I wasn't on any social media app/site " The court made that VERY clear " . The motion was granted and my probation officer knowing how I was with her for 2 years already trusted me. She never even checked and believe me she was a tough one including on sex offenders. I was able to work administratively because of it... 3 years into probation, I motion for early termination and it was granted. Anyhow, you can ask the lower court for modifications to your probation conditions within reason. This really shouldn't be a big deal, especially since you're still in a sentence. Now post sentence, yes, that's a big deal.
  • mike r December 10, 2017 at 4:47 am on General Comments December 2017Here'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.
  • mike r December 10, 2017 at 3:02 am on General Comments December 2017Thanks 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......
  • Sam December 10, 2017 at 2:16 am on General Comments December 2017They 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
  • ONE DAY AT A TIME December 10, 2017 at 1:09 am on General Comments December 2017Why 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.
  • Lake County December 10, 2017 at 1:00 am on General Comments December 2017I don't see the connection between being transient (or homeless) and desperate to being more likely to sexually assault someone.
  • Lake County December 10, 2017 at 12:47 am on General Comments December 2017Mot " 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.
  • T December 9, 2017 at 10:27 pm on General Comments December 2017Think 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?
  • Tim Moore December 9, 2017 at 10:20 pm on Janice’s Journal: Why Did Senator Franken Resign?I think you have exposed the corruption in the system. The ones who acknowledge their mistakes get shafted while the macho men jerks who hold their ground and deny everything retain their high positions. These women have a point, but the plan of action is at this point more re-actionary than constructive, and may worsen the situation if it is left to be solved by punishment without cooperation, When I was called out, I wanted to be fully open, open it up, difficult as it was, but both my wife and I wish now that we both should have kept our mouths shut. What we did by exposing the act was ultimately right, but in doing so it opened us both up to the brutal response of the system, that went way beyond stopping the abuse to become a form of violence in itself. The state didn't know how to step in and when to step out, which made life miserable for the children and us both. A system is morally just if it knows when to separate, but seeks to rejoin. Otherwise, a good portion of the nation is going to have a criminal record and be forever disadvantaged. And that will affect the poor and the otherwise dispossed more than the wealthy and famous we hear about. Then the social environment and the power imbalances that foster abuse will continue and grow like weeds in the disturbed dirt.
  • T December 9, 2017 at 10:09 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderMan why they got to always have to squeal out that someone is on the registry and create hysteria, are they doing this because they think they want to keep everyone safe or do they just not like the person period that they just want to look him up and boom they know the person is on the registry? This is Crazy! This is why the registry should have never been made for public in the first place.
  • Eric Knight December 9, 2017 at 10:06 pm on Janice’s Journal: Why Did Senator Franken Resign?Franken's issue has a basis of truth as there is at least one photograph. And cupping a sleeping woman's breasts is generally beyond sexual harassment. There are political considerations here as well. The Democratic Party wants to establish themselves as the "good party" so they are making all their candidates resign, as long as they are in venues where they control the person replacing him or her. This is part of a grander scheme in which Roy Moore, conservative candidate from Alabama, is removed from the race so the democrat can win and create a balance of power difference in the senate. Even if Franken resigns, he will be replaced by another progressive, so there is no loss of partisan difference, but the main goal is to attempt to take out Moore before the election on Tuesday or to discredit him so much that the Democrat wins in a state that they would otherwise have no chance. Unfortunately, the Moore sex crime accusers don't have credibility as their stories have been falling apart, though Moore did date teens as a thirty year old legally. (Technically, dating any person of any age is legal, just not sex, but that's another matter and is not part of this discussion.) Also, there are statute of limitations involved, though if it were proven beyond innuendo then it would destroy Roy Moore's reputation just as much as if he committed the crime. Democrats in general play the long political game, and this was predicated on the Weinstein allegations, though they used this as an opportunity to cut the GOP's senate lead in half which would hamper them the rest of the term should Moore not be elected into the senate. Ostensibly, they also want to get to Trump via "grabbing p***y" remarks, but Trump can't be hurt by this. For now, Moore is the main reason why the Democrats are pushing their own out the door. Just sacrifices, like in chess.
  • Gralphr December 9, 2017 at 10:04 pm on General Comments December 2017The 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.........
  • Gralphr December 9, 2017 at 9:51 pm on General Comments December 2017The 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).
  • Sam December 9, 2017 at 9:18 pm on General Comments December 2017My 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.
  • Chris F December 9, 2017 at 9:13 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderAll of this should have been police entrapment. There used to be a line drawn that has been redrawn now for police when dealing with the length they can go to in order to bring charges against someone. It used to be, and still is for other crimes, textbook entrapment when the police create a market for something where the person otherwise may have never done the illegal act. This guy may have never broken any law until out of nowhere a 14 year old boy is suddenly showing interest in him and doing his own type of grooming of the adult. They say someone under the age of consent can't be the groomer, but this was an adult pretending to be 14, so he certainly has the capacity to groom another adult. It's like when the government sets up easy access to child porn. Those people they catch may never have gone to the lengths needed when it is hard to find, but hand it out on a silver platter and BOOM...entrap people that may never have done it.
  • mike r December 9, 2017 at 9:09 pm on General Comments December 2017Help!!!!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.....
  • New Person December 9, 2017 at 8:51 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderThis socialized ostracizing of a registrant is exactly what the Colorado Judge had stated that the people had made the registry a part of being cruel and unusual punishment. Here, this guy is doing something non-criminal and trying to be a part of society by being in a play. He may get paid for being a part of a play as well. Nope. He isn't able to do that and they are using his registration to thwart employment and continue to be stigmatized by his crime of over 14 years. The people are not using the registry as a form of public safety. They are using it to induce cruel and unusual punishment. Which also brings into question why only juveniles are the only ones who get depressed by being on the registry and their lives ruined? Here, this man cannot even hold a job in a play... a play a scrupulous person whose ways are changed to see a different light. Oh the irony.
  • NPS December 9, 2017 at 8:37 pm on General Comments December 2017Same 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.
  • E December 9, 2017 at 7:23 pm on General Comments December 2017Blue 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.
  • Patsy December 9, 2017 at 5:48 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderYou expressed my thoughts. Thank you. There is forgiveness for everything else...but a sex offense whether it is real or not. There is no forgiveness, no earthly redemption.
  • I get it December 9, 2017 at 5:40 pm on IN: Justices to decide if sex offender’s internet restriction unconstitutionalYou think it’s an ex post facto violation but you are wrong. Supervision is not considered punishment, it is a priveledge. I have spoken to attorneys about this. You can fight it but the CDCR holds all the cards. In Kern County many of us have had our parole extended for no reason than the law has changed. I am a perfect parolee. I have done everything right and been in no trouble. I am a full time student. My parole went from 5 to 10 years based on new legislation. Don’t think for a minute that this country cares about our constitutional rights or about protecting them. Unconstitutional laws are passed every day. I’m glad those on supervision are fighting for our rights.
  • Edie December 9, 2017 at 5:37 pm on Janice’s Journal: Why Did Senator Franken Resign?I want to believe that if hit with and made aware of all the facts, negatives, victimization, punishments, restrictions, real family accounts, etc. of this unconstitutional registry that these politicians and media members might pay attention to it (knowing they could be subject to it at some point) and see and support the necessary changes for complete reform and/or (hopefully) elimination. Sorry for the run-on sentence. My guess is that they believe they are all invincible and either know very little about this horrible registry, or believe that they are immune to it's punishment. No one is above it, right Mr. Sandusky?? Mr. Weiner?? Thank you, Janice, for all that you do!!
  • mike r December 9, 2017 at 5:26 pm on General Comments December 2017You 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.......
  • Stephen December 9, 2017 at 4:48 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderThey should of gone on with the play and told the public to kiss their ass.
  • Robert Curtis December 9, 2017 at 2:39 pm on Will Feminism’s Past Mistakes Haunt #MeToo?I am conflicted about this subject, but many women may find it as frustrating. I'm not a woman but a hairdresser. Women generally have had to be better than men on the job yet historically have gotten less pay, harassed more and subject to scorn from other women for being promoted. I wish more men would look at women not as objects of conquest but as colleagues and equals. It's odd for me to be so concerned about such things bc of being a RC, but oddly those of us on the registry after our travail generally are more sensitive than most on these kind of issues. What I fear is the backlash of industry not hiring women and risking the consequence sexual harassment lawsuits bring overall. Movements like "MGTOW" have also driven a wedge between the sexes... I was watching how men in our society often get a raw deal: https://www.youtube.com/watch?v=KObTMXH2xaE https://www.youtube.com/watch?v=3WMuzhQXJoY Men are easy targets of harm but so are women. Our greatest enemy in society is the US vs. THEM attitude that feeds our judical system and media as a whole. Context and definition. Often times problems are wrongly defined then placed in a context that does more harm than good...The whole SOR is an example of that. We registrants need to engage issues in our local community. I appeared before the Orange County Supervisors on 11-14-2017. I was the second speaker under public comments: http://ocgov.granicus.com/ViewPublisher.php?view_id=4
  • Paul 2 December 9, 2017 at 2:13 pm on PA: Legislature to address Pa’s sex offender registration lawsTravis I believe if they were waiting to see outcome of Muniz that would mean if they pass this new law it would not effect you because the old law is gone and the new law wasn't in effect when you didn't report the email and phone. So I dent see anyway they can convict you unless Muniz is reversed.
  • James December 9, 2017 at 2:11 pm on Janice’s Journal: Why Did Senator Franken Resign?Thank you Janice for this op-ed piece!
  • Joe123 December 9, 2017 at 1:39 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offender"... Shriner was arrested in 2003 after driving 60 miles to meet someone he had communicated with through an internet chat room, and who identified himself as a 14-year-old boy. The boy was, in fact, an investigator for the New Jersey Division of Criminal Justice. Shriner was arrested on arrival at the meeting place, and was later convicted on one count each of second-degree attempted sexual assault, third-degree luring or enticing a child, attempted endangering the welfare of a child, fourth-degree attempted criminal sexual contact and fourth-degree endangering the welfare of a child, according to records. He was sentenced to six years in prison, a conviction that was affirmed on appeal in 2007." Let me get this straight, so on top of the "Whispers and Rumors" that led him to resignation and cancelation of the production, there was NO REAL PHYSICAL VICTIM here? How the hell does a person even get sentenced for a crime that they didn't commit? Jesus Christ, should we be more worried about the Criminals (politicians) that make up these laws or the Spineless citizens that succumb to 'Whispers and Rumors' so that a man can't make a damn decent living? How many times do I see violence and murder in the news like it's just another day at the park? No big deal, everyone yawns. God forbid you write the word 'Sex' in a headline and suddenly it becomes a 'heinous crime' which no Citizen can ever redeem themselves from. It's pathetic to see how so many people of this country have been so easily brainwashed to accept this as the norm, I guess it's unpopular to think for yourself and use common sense sometimes huh?
  • Hmmm... December 9, 2017 at 1:29 pm on NH: Public pool can’t ban sex offenderHow should Courts prove whether someone is "dangerous?" Specifically, how will Courts prove whether a person will re-offend, presumably 'dangerously,' in the future?
  • Chris F December 9, 2017 at 1:24 pm on IN: Justices to decide if sex offender’s internet restriction unconstitutionalYou need a lawyer. It's an ex-post facto violation to extend the agreed punishment after the fact without a trial to show you did something additional wrong to deserve it. We need to fight the right fights, not just anything we don't like. If this guy made a deal to avoid jail to be on probation he should know certain restrictions are possible. It even said this guy used the internet to research his type of crime. The article does not say he was denied monitored internet access, or even if he tried to get that. He just doesn't want any internet restriction at all and that isn't justifiable.
  • AlexO December 9, 2017 at 12:55 pm on MD: Theater cancels ‘A Christmas Carol’ after revelation that Scrooge actor is convicted sex offenderWell, this is a sad irony that apparently the citizens of this town have missed: A Christmas Carol is a story of forgiveness and redemption for a man that spent most of his life being horrible to everyone. I bet if the actor was an ex drug user or killed someone, they would've given him a reward for turning his life around and giving back to the community.
  • The Static-99R Is A Scam December 9, 2017 at 12:55 pm on Janice’s Journal: Why Did Senator Franken Resign?It makes no sense that after Trump's numerous sexual harassment claims against him, he remains *President* of the United States of America, while Al Franken (who actually has redeeming qualities) steps down. Meanwhile, Ray Moore -- who has seemingly done far worse than Franken -- is on the verge of winning Alabama's Senate seat. The Republicans stand by Moore, while the Democrats have just thrown Franken under the bus... even after all the good he's done over the years. Sort of like how Billy Bush was thrown under that Access Hollywood bus. Billy Bush was fired for laughing at Trump's "locker room talk." Trump then goes on to become POTUS (maybe with the help of Russian hacking) for telling the jokes that Bush simply laughed at. Go figure! I guess the difference is that Trump and Moore have denied the allegations. So that would, at least in theory, necessitate some type of trial to prove or disprove guilt. Whereas, Franken -- in telling indication of his (probably) more better conscious -- immediately admitted that at least some of the allegations were true. IMO, it takes a better person to admit wrongdoing than to deny wrongdoing. I just find it hard to believe that the many women who have come out against Trump and Moore are making it up. Either way, I think Franken should have weathered the storm and stayed in. If Trump, Moore, et al. refuse to leave, then why should have Franken left? The Democrats lost an influential and intelligent player IMO. But maybe Franken had other reasons?
  • AJ December 9, 2017 at 12:44 pm on PA: Legislature to address Pa’s sex offender registration lawsYes, go out in style! 🙂 For my 90-day (everyone is 90 days in my State) recurring "class pictures" I always wear the same old glasses from years back and the same shirt. I keep them packed away until the next time rolls around, then out they come. I figure that way they should last me--unless my eyes get too bad for those glasses.
  • Travis December 9, 2017 at 11:34 am on PA: Legislature to address Pa’s sex offender registration lawsPost conviction collateral release
  • Travis December 9, 2017 at 11:31 am on PA: Legislature to address Pa’s sex offender registration lawsTo be clear I was never facing charges they were deciding wether to press charges or not before the Muniz case was decided. I was in jail in Washington County Bc that’s where I am on probation.
  • Sam December 9, 2017 at 10:52 am on General Comments December 2017My 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.
  • Lovecraft December 9, 2017 at 10:21 am on IN: Justices to decide if sex offender’s internet restriction unconstitutionalThey can not legally extend your parole/probation no matter what they tell you unless you have gotten more charges since then or in some cases been incarcerated on a violation. When you were sentenced or plead out you were given a specific punishment, prison and parole or probation for x number of months/years. They can not go back and change those terms unless you get an appeal. I know of several people in California that had that same thing told to them and once they got a lawyer the time magically changed to what they were sentenced to originally. Where I live (not in California) they changed parole for all rc's from 9 months to 5 years in 2011. Anyone found guilty of a sex crime after whatever date it went into effect in 2011 automatically got 5 years parole and those that were convicted before stayed on 9 months.
  • stephen December 9, 2017 at 10:18 am on Janice’s Journal: Why Did Senator Franken Resign?That photo is all that's needed to kick him out, and I have no pity for him, he along with all the others have put their signature to these registry laws.
  • stephen December 9, 2017 at 10:08 am on IN: Justices to decide if sex offender’s internet restriction unconstitutionalProbation Can do almost anything they want, but it's still good to challenge them.
  • New Person December 9, 2017 at 9:52 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXBig Mac, are you still a registrant? Amongst other registrants, you seem to think you're different. Amongst non-registrants, you're actually lumped into the whole same boat. Cry all you want, but you're still deemed a monster. Many posters have received expungement, but use that information as a reference. You use that information as an advertisement. Does it matter, though? You're still a registrant. That's the only reason why you are posting on here. This article posits several layers to be dissected, but you seemed to have a fixation on one layer only. And then you personally call out one poster? It's quite possible your fixation has an underlying agenda on a poster than the actual article. I guess you're "triggered" and it shows.
  • New Person December 9, 2017 at 9:41 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXThere was a recent case involving an illegal immigrant and the status of deportation for having sex with a 17 year-old, or something around that age. Since this was a federal matter, the federal judges relegated the age of consent would be 16 years of age for the nation. That would mean anyone under 16 is a minor. In this case, on US soil, a minor is someone under 16 years of age. Also, as Whopper pointed out, NZ let the individual fly. They let him go because it was a family relative. On US soil, sex registrant description comes before family relative and carries significantly more weight, apparently. Remember, the registry was supposed to be a regulatory item, not an on-going investigation. This only happens to those on the registry and no other subsets of convicts. So that's also amiss here.
  • New Person December 9, 2017 at 9:26 am on General Comments December 2017I 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.
  • mike r December 9, 2017 at 9:26 am on Janice’s Journal: Why Did Senator Franken Resign?Super predator. Demagoguery at it's best.
  • mike r December 9, 2017 at 9:20 am on Janice’s Journal: Why Did Senator Franken Resign?The accused need to stand up and straight scream at the top of their lungs so to speak and demand evidence and not be intimidated into submission. They should be suing anyone who makes these accusation without any evidence for defamation. Especially when they start throwing pedophile and child molester and sexual predator out there. 13th shows how that connotation was what people have been called for decades now. Siper predator was what Clinton use. Jumping to another topic, I just watched the documentary called 13th for an assignment for my sociology class and I recommend that everyone should make it a priority to watch that film.Very powerful.
  • mike r December 9, 2017 at 9:09 am on Janice’s Journal: Why Did Senator Franken Resign?No Hookscar thats exactly the point is that it isn't a class action but an as applied challenge. Class actions are much easier to dismiss because of the diversity of plantiffs. it's been one of the biggest problems with cases like the civil commitment suits and It eould be a bad idea even in an IML suit. Many of our circumstances are different and the laws and results will be different if say someone was included in the suit that is high risk or has multiple convictions. I believe as applied challenges have the best chances of success. John that's because they have enough gonads to stand up and fight the machine. its not a partisan issue its a courage issue even if they are guilty as hell. Yes it is a huge issue that someone can be convicted on someones word especially knowing all the cases in which people have lied in courts or have failing or altered recollections of facts.
  • New Person December 9, 2017 at 9:05 am on Janice’s Journal: Why Did Senator Franken Resign?How does a man defend himself after paying the price of his crime to always be assumed of sexual misconduct in a society that assumes guilt rather than innocence? Essentially, this is a mirror for registration. No one cares about facts and constitutionality with it comes to mob rule. This climate is a very dangerous climate. A new sci-fi show depicts such an instance with a satire. The show is called the Orville and the episode is called, "Majority Rule". Essentially, it's a world based upon likes and dislikes, not rules of law.
  • Alienated December 9, 2017 at 8:47 am on VA: Forcing kid to masturbate for cops in sexting case was wrong, court findsThis is a very disturbing case and I do not know what is worse the warrants or the act but we have some "F"ed" up people with power who are WRONG.
  • John December 9, 2017 at 8:42 am on Janice’s Journal: Why Did Senator Franken Resign?I fully agree with your sentiments, though somehow credible accusations of sexual impropriety appear to have no weight when it comes to senatorial candidates in Alabama or the current occupant of the White House.
  • Will Allen December 9, 2017 at 8:39 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXThe Registry fact is irrelevant. However, if I have a family member that lives in another country and we want to visit, then I don't want any of my big governments to dream that is any of their damn business. F these crazy people who think it is acceptable to meddle in my life. They are nothing but enemies. What would make this situation okay with Nanny Big Government? That the person is not visiting a Registered person, had a round trip ticket, and has $500 in his pocket?!! That is pure big government stupidity. These employees need to get real jobs where they could do something useful.
  • Will Allen December 9, 2017 at 8:30 am on Foreign Minor Attempting to Meet a U.S. Sex Offender Intercepted by CBP officers at LAXBIG Mac: Take it easy. I'm not attacking anyone ... as long as they oppose the Registries 100%. Nothing else is acceptable. Having said that, it is completely evident from your writing that you are not so smart. Big deal. I work and do business with a lot of people who are much more intelligent and talented than I am. You just have to know how to do the best with what you have. It is always a good idea to listen a lot more than you talk and give everyone the benefit of the doubt. Cut people slack and don't always assume they are attacking you. Anyway, this post of yours is crazy. You asked how we got into discussing the government. What?!! You can't be serious. You also said people "blamed the kid". What?!! Blamed the kid for what?! No one did anything wrong except for big government. You completely missed the point about "children" driving. No matter, I'm not sure you can get most of this. It's fine. Just stop believing big government lies. Get on the moral side of this war.
  • Edie December 9, 2017 at 8:07 am on OR: After 15 years, ex-lawyer branded as child molester wins a reversalUnfortunately, the current county DA is the same guy that prosecuted the case when this all started. Let's hope he has a heart and lets Mr. Holbrook move on with his life.
  • I get it December 9, 2017 at 7:43 am on IN: Justices to decide if sex offender’s internet restriction unconstitutional@ Chris, I do see where you are coming from, but to be fair the article doesn’t actually state wether or not the man went through the normal appeal process or not. He may have. Second, you are right that while on parole or probation one must deal with a lot, but here in California they continue to extend our parol dates. When I was released I had agreed to 5 years of parole, a year later I was told that due to new legislation I now have 10. What’s to stop them from changing it to 20, or life? What good will it be to fix the rules only for those off supervision if they simply keep all the rest of us on supervision for life? We are all in this together. Every single time they treat us severely based only upon our charge, they are hurting us all. We are all categorized the same in this system. He is fighting a battle that will be good for everyone if he wins, every win is a good thing.
  • Tim Moore December 9, 2017 at 7:31 am on Janice’s Journal: Why Did Senator Franken Resign?I don't know Mr Franken's thoughts, but he seems basically like an honest guy. Sure the natural reaction for many when accused of something shameful is to minimize the impact to the ego. He might have denied certain parts of the accusations but acknowledged the general wrong doing. His speech seems to suggest this and he is trying to heal wounds or simply to put a halt to further embarrassment, I don't know. One thing that is perplexing is that while senators are expected to be sexual saints, they can rape and pillage the middle and lower classes through shoving an unpopular tax bill up our arses, and people still say oh, I probably deserved it.