Judge Battles Child Pornography Mandatory Minimum Sentence He Considers Unjust

With momentum building for sentencing reform and federal judges among the most avid supporters of rolling back harsh mandatory minimum sentences, one judge is standing up for lower sentences for a particularly controversial category of defendant — those guilty of child pornography offenses. As with other offenses, lawmakers have ratcheted up the sentences for child pornography sentences — including for online possession. And some judges have insisted that, as reprehensible as the offense can be, long prison terms are not the answer. Full Article

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New Bill in Congress: HR-2083 which contains a very ODD provision affecting more than sex offenders

9-29-2013 Washington DC: Continuing in our effort to review bills in Congress we find something really odd in HR-2083 `Protecting Students from Sexual and Violent Predators Act’ whose alleged purpose is to screen potential employees of schools, and to re-screen actual employees of schools every five years. Before we get into our issue which revolves around ONE definition in this bill, here is the definition: (2) SEXUAL PREDATOR- The term `sexual predator’ means a person 18 years of age or older who has been convicted of, or pled guilty to, a…

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‘I Don’t Feel I Was a Victim’

On March 10, 1977, director Roman Polanski raped Samantha Geimer, who was 13 at the time, during a photo shoot in Los Angeles. The agonizing legal dispute that followed lasted a year and ended with the prominent director fleeing the United States. Thirty-two years later, Polanski was taken into custody in Switzerland and placed under house arrest. A Swiss court was supposed to rule on his extradition, which triggered yet another bitter controversy over the case. Geimer, now 50, has described her version of the events in a book to…

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TX: Condo Association Fighting To Keep Sex Offender Out

A battle between a sex offender in Austin and a home owner’s association could set a precedent across the state if not the country. The association’s decision to ban sex offenders is now being challenged. A sleepy little community in South Austin is fighting what could be a major case. “I don’t know why this law firm has decided to mount a crusade in favor of pedophiles, but they have,” says Eleanor Rotthoff, a resident of Valley View Village Condominiums The condominium complex voted and amended their homeowner’s association bylaws.…

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California RSOL Challenge Featured on National TV Show [updated with show]

California RSOL and its recent legal challenge to the Halloween ordinance in the City of Orange that required registered citizens to post a sign in front of their residences will be discussed on “The Doctors”, a national TV show, on September 30 on CBS. The discussion is a 5-minute segment that includes “the doctors”, a mother from the City of Orange and CA RSOL president Janice Bellucci, “This is an important opportunity to educate the public on one way in which the civil rights of registered citizens have been violated,”…

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MA: Sex offender’s speech ignites debate over registry system

A high-level sex offender in Belmont, Massachusetts surprised many when he showed up to a town meeting that was held to address concerns about sex offenders like him living in the area. Carl Peterson told those in attendance that he was convicted of sexually assaulting his young niece 12 years ago. The event sparked a debate over possible misconceptions about the ‘sex offender’ label and the efficacy of the registry system. Full Article

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Canada: Op-Ed – The danger of the sex-offender database

Stephen Harper has announced that his government will create a database of sex offenders who target children in Canada that the public can search through, once Parliament returns on Oct. 16. The National Sex Offender Registry that the RCMP currently operates is not available to the public. While Harper did not give extensive details for implementing his scheme for a searchable database, it is cause for grave concern that it’s even under contemplation. “We do not understand why child predators do the heinous things they do, and in all frankness,…

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California Sex Offenders Get Halloween Victory

An Orange, Calif., ordinance that required registered sex offenders to post a sign on their front door on Halloween has been repealed, less than a week after a federal lawsuit was filed claiming the practice was unconstitutional. For the approximately 100 registered sex offenders in the city of Orange, it was a matter of their own personal safety, said Janice Bellucci, an attorney representing the plaintiff and head of California Reform Our Sex Offender Laws, an advocacy group that fights for the civil rights of registered sex offenders. “It means…

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How A New Job Application Form Could Save Hundreds Of Californians From Returning To Prison

In an attempt to cut down on employment discrimination against felons and reduce recidivism rates, a bill waiting for Gov. Jerry Brown’s (D-CA) signature would remove a question on local and state job applications asking applicants about their criminal record. Checking that box on a job application can often automatically disqualify an applicant who has served time in prison, making it nearly impossible for ex-convicts to find legitimate work. California already removed the questions regarding felony and domestic abuse convictions from most public job applications, putting them instead on a…

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Federal Court of Appeals: Sex Offender Registry Fee Unconstitutional Ex Post Facto Violation Under Certain Circumstances

Plaintiffs John Doe of Connecticut (Doe I) and John Doe of Florida (Doe II) are each adult males who were previously convicted of sex crimes in Wisconsin and are subject to Wisconsin’s sex offender registration and notification statutes, Wis. Stat. §§ 301.45, 301.46 (2009-10)[1]. Plaintiffs filed this action against the Wisconsin Department of Corrections (DOC), its secretary and the director of the DOC’s Sex Offender Program, alleging that the application and enforcement of the Wisconsin sex offender registration requirements against them constituted punishment in violate the ex post facto clauses…

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Orange City Council Repeals Halloween Sign Ordinance

The City Council of Orange, in a vote of 4 to 0, voted in favor of repealing a city ordinance that required registrants to post a sign on the front door of their residence for 24 hours on Halloween. The vote was taken after a lengthy discussion which included a recommendation by the City Attorney to repeal that requirement. “California Reform Sex Offender Laws (CA RSOL) thanks the City Council of Orange for upholding the constitution in tonight’s vote,” stated Janice Bellucci, president of CA RSOL. “It is unfortunate, however,…

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Orange May Spike Ordinance Requiring Sex Offenders to Post Signs at Homes on Halloween

UPDATE, SEPT. 24, 8:30 A.M.: Orange City Attorney Wayne Winthers has reportedly looked at the judge’s ruling in Simi Valley, negotiated with RSOL’s Janice Bellucci and decided to recommend the Orange City Council spike the sign requirement in its Halloween ordinance. The council is expected to take up the issue in closed session next week, reports the Los Angeles Times. State open meeting laws allow pending litigation to be discussed behind closed doors. Full Article

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Efficacy of sex offender treatment still up in the air

That is a front-burner question for judges and jurors in sexually violent predator trials. Understandably, before they decide to release someone who has been convicted of sexually molesting a child, they want reassurance that he is sincerely remorseful and has acquired the tools to turn his life around. In short, they want a certificate of rehabilitation attesting to his low risk. But does formal sex offender treatment really lower risk? Full Article

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RSOL Conference Videos

Presentation videos from from the National RSOL Conference continue to be published. Instead of posting them here piecemeal we are linking to the RSOL YouTube Channel. Thanks to RSOL for making these invaluable videos available. The 2013 National RSOL Conference was held in late August in Los Angeles and was hosted by California RSOL. — One of the presenters references an excellent article that was previously listed on this site – it is here again as a reminder.    RSOL 2013: “Telling Your Story to the Media” – Article from the Dallas…

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California signs private-prison deal

SACRAMENTO — California has signed a contract with private prison contractor Geo Group to lease space for 1,400 inmates in overcrowded state lockups. The company announced the contract early Monday morning, even before Gov. Jerry Brown learns whether federal judges will grant his request for a three-year delay in the courts’ orders to cap the prison population. The governor’s lawyers have asked judges to make their own decision by Friday. Full Article

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MO: Sex offender registry – Find better way for offenders

It’s rare to find a progressive trend in our Republican-dominated legislature, but their recent effort (House Bill 301) to downsize Missouri’s “sex offender registry” is laudable, even as Gov. Jay Nixon’s veto is perplexing. Registering “sex offenders” (far too broadly defined) is based on the questionable idea that they are more likely to offend once released — even though a U.S. Department of Justice study of criminal recidivism rates showed many convicted of sex-related offenses had lower rates of re-arrest compared to other criminals. We don’t require armed robbers or other felons…

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