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California

Parolee Limited by GPS and Residency Can Sue California

California must face claims that it violated the civil rights of a convicted sex offender by conditioning parole on a residency restriction and GPS monitoring, the 9th Circuit ruled.

____ ____ faced these parole restrictions even though his convictions in California were not sex-related. ____ was convicted of California in 2006 for buying or receiving stolen property, and later for robbery. Both times the Golden State imposed residency and GPS monitoring restrictions as conditions of ____ ‘s parole release from prison because of ____ ‘s 1987 guilty plea in Tennessee to sexual battery. Full Article and Decision

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  1. JB

    Looks like this court has a potential equal protection problem on its hands.

  2. Anonymous

    My life was a living hell because of GPS and residency restrictions. 5 years of that is finally over.

    • C

      You deserve a medal. Really.

      • Anonymous

        Well i don’t deserve a medal, but i do deserve some sort of compensation.

        I lost the love of my life because she couldn’t wait any longer. She was with me through thick and thin, but when 2 more years was added to my parole with no legal justification, we’d already had many years into this mess together.

        I have also lost a two homes, all my belongings and many of my friends.

        I also lost several high paying jobs.

        During this time, a cop destroyed what rights i did have.. but who now is a convicted felon himself.

        Since they cannot replace non-replaceables, maybe money can help me get back some of the fluidness of my life back, such as a better car, my own house, a cashflow i can work with to get my business back on track.

    • td777

      Are you like most of us who endured parole as a registrant…told by parole you will have to be homeless?

      • Anonymous

        Immediately after moving back to an approved location (a home i was buying before going to prison), i was given orders to move within 2 weeks. On my last day, a great couple let me rent one of their properies 20 miles away, was approved by parole and everything was okay, or so it seemed. A bad cop moved in next door days after i moved in, and quickly went to work point out how horrible of a person i am. He went on to lie to my parole agent saying i had children coming into my home unsupervised fairly regularly. I was quickly given no-contact with minors of any age orders, along with a string of other unrelated crap. Such as i was forced to travel to town at least once a day so my newly outfitted GPS bracelet would be “seen” by cell towers, and i was required to charge it at home.

        Unofortunately, their GPS bracelet kept going off, saying low battery… so i had to go to work in the morning after an hour long charge… then when battery died because it was having issues, i would have to leave work and drive really fast (over 90 mph) to my home in the mountains, just so i can plug in my charger and would wait again for another 1+ hours for it to complete again, it’s charge.

        I soon lost my home to that bad cop, and became homeless. Then i found some land to stick a trailer on, bought a trailer and then moved in on it with permission of parole. Within days, one of my neighbors assulted me then burned my trailer to the ground. I no longer has a place to live again, this time for 3 and 1/2 months i was stuck trying to find a place to live.

        The very same day parole gave me a chilling order, of being forced to move to a different spot before every 2 hours (Even during sleep), i found another piece of land to stick another trailer on. I found and bought another trailer, and had it moved onto the property where i endured a loss of my was soon to be wife, guns drawn and fired on me, other threats and thefts of my generators, solar panels et cetera.

        You see, parole gave me 2 more years about 3 months in from my expected parole date. I didn’t wave a lawyer to help me fight it. There was no legal justification, and their justification didn’t apply to my case, because my conviction and sentencing was BEFORE that new law went into effect making certain cases require a 5 year minimum parole.

        GPS bracelets that fail regularly, residency restrictions and even illegal extensions of parole were all punishment, not “regulatory”. They clearly caused great stress and hell in my life. This August marked 1 year since being off parole, and life is far better, but it still has great challenges relating to the registry itself. People think it’s not punishment? Well then why am i regularly being punished for trying to find work?

        I am afraid now to use my name anywhere, and that it’s been ruined by this black cloud that prevents too many people from wanting to work with me. I am a master of many trades but my employability is destroyed singly by the registry.

        If i was on GPS and residency restrictions now, well, i would have been in and out of prison by now on violations. There is no way i could have made it this long.

        The system is DESIGNED to place people back into prison. There IS NO rehabilitation system in place. The millions CDC spent to become CDCR was all for show, to get people to shut up long enough that people would stop remembering what they are doing to prisoners. The R was to stand for “Rehabilitation”. We all know now that is a complete fabrication.

        I am a victim of injustice, considering my case should have been thrown out from day one, now more than 14 years ago.

        • alert

          That’s quite a sad tale and I’m sorry you have it to tell.
          If only you could see some redemption from your unnecessary treatment from these horrid oppressors it might make a good movie.
          Just wondering who could play your role?

  3. Anonymous Nobody

    Interesting. Also would seem this decision would have to turn on this being punishment.

    I don’t want to go read the unbelievably voluminous statutes of 290, but if the previous sexual battery conviction would come under the Calif. residency restrictions, I believe he would be subject to residency restrictions whether they were stated as parole conditions or not. If his sexual battery conviction would not get him that restriction, then I don’t see how the state could even consider adding it as a parole condition.

    But regardless, this decision could very possibly have to address the punishment aspect of residency restrictions — and that would apply to all kinds of other cases, including applying it retroactively. Still, any finality on this will be a long time coming, as this case is simply remanding it back to the district court. After that, it can be appealed up the ranks, even all the way to SCOTUS.

  4. brittbratt

    In 2012, a California appeals court prohibited “blanket enforcement” of the residency restriction, but it found that the state’s Department of Corrections and Rehabilitation could impose the condition on a parolee after considering his individual circumstance
    ^^^
    I often misinterpret things. Am I understanding correctly? This seems to say that parole can choose to impose living restrictions on a case by case basis. Does this mean parole can choose not to impose living restrictions and an offender can live where he pleases?

    • Anonymous Nobody

      Well, I can say that if it is not imposed as a condition of parole, that does nothing to change any requirements imposed by laws. That is, even if it is not imposed as a condition of parole, if there is a law that says someone in his circumstance must do something, then he must do it anyway,regardless of parole conditions.

      The court argument here appears to contend that they cannon impose parole conditions that are not related to the offense for which you are being paroled. He is being paroled for buying stolen property and robbery, not for a sex offense. The question here isn’t whether the condition can be imposed, but whether it can be imposed for parole from offenses to which is has no relationship.

      Parole conditions are always determined on a case by case basis. But the argument here is that what can be imposed is limited by the offense the person is in prison for.

  5. brittbratt

    Thanks for clearing that up (:

  6. Justfortoday

    @ Anonymous

    You said that you were on Parole originally for 3 years, then 2 years were added to your term. Did your agent give you a valid reason why? When did they tell you that you were required to do 2 more? You said you had “no legal justification”. THAT IS INAPPROPRIATE AND UNFAIR! When I was released from women’s prison, my paperwork said and STILL says 3 years. I’m terrified that they will add 2 years to an already grueling 3 years.

    Does anyone know or have a similar situation?

    I’ve been sober for almost 20 months, I have a job, a home and family that loves me. I will officially have been on parole for 1 year as of the 13th of September. WOOHOO! May 2013 was the last time I heard from my extremely compassionate agent. I know I am low on his priorities list and am living one day at time sober AND on parole.

    We are not bad people, we are sick. I needed AA, which saved my life. I am NOT the same person I was when I committed my crime. No matter what happens, I know I will be ok, but to see some light through the trees regarding the length of my parole will be helpful and hopeful. 🙂

    God Bless!

    • JB

      Congratulations on your sobriety!

      Once I realized that I can only control what I think or do and that everything else is out of my control, my life started to move in a positive direction. That’s not to say that times haven’t been difficult, there have been quite a few challenges for me in the past 5 years, but every time I focus on myself and my own recovery things get better.

      12 step was vital to me in the early months and years.

      Staying close to the ones I love, striving to be honest with myself and, most importantly, not cutting myself off from my feelings has paved my way to where I am now.

      Remember, you’re not alone, keep doing what you’re doing. I agree I am not the same person I was, either, before I found myself walking this path. I actually like myself now.

  7. Justfortoday

    @ JB

    Thank you for all the kind words and your own personal inspiration. It’s because of tools like the website and people like you, that make me feel not alone in the lifetime problem. It is hard, but you are SO right. If I focus on the solution and less on the problem, I see how life is so much easier.

    I actually like and LOVE myself too! I am very grateful to you. Thank you!

  8. Johnny

    I agree 1,000,000.00% with both of you. I would type in my stories of the last 6 months that I have been wearing this crap, but its pretty much the same. Can either of you help me with legal help or a lawyer with monthly pay. I have court issues, (again) I was detained at the slurpee machine at 7/11. (still do not know why) Anyway my gps friend on my ankle gave permission to LAPD to search my house that is 4 blocks away. Well in a roomates bedroom LAPD found a meth pipe. So I got arrested and currently out on bail. Going to trial and pleading not guilty. If I am found guilty I face 32 months back to prison for a meth pipe that is not mine. What rally is f***ed up is I requested to be drug screened. I did get that request fulfilled, 3 weeks later. Like that would really help me out three weeks later.

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