Submitted by USA on 2013/11/20 at 8:35 am
I do have an interesting question/point! First, the arrests for not registering within 5 days is tacky. Now, I’ve gone to register early and the ladies (OC) asked why I came early? Lets suggest or pretend my annual registration is supposed to be every December 1st? What if I’m going to France from November 20th to December 20th? Hmmm? Or, lets say I had a family member (daughter attending school in DC) get in a major car accident and I have to board a flight and leave immediately? I miss my registration date?
Or, (please use this as a new topic) what if I’m doing an extensive remodel to my home and maybe I’ll have to leave for a week when my plumbing is being altered (I might stay with parents one night, cousin for two days and a friend one day)? Then, while I’m gone, a compliance check officer come by? Any ideas? Maybe I was gone on vacation during the work?
Please provide feedback?
that why we are “house arrest” during that week.
It needs to be challenged.
I have no idea of the actual answer but if I were planning to attend an event that would fall during the period of +/- 5 days of my birthday I would check go to the place you normally do your yearly registry event at. I would tell them and since you are not on probation and therefore do not need “permission” to travel I would think that they would make an exception and allow you do an early registry this year.
Now…that is what one would assume would happen since this is not a punishment right..however, since we all KNOW that it is in fact done for no real purpose except to humiliate, punish, and control, they will most likely tell you that it is your choice to go BUT that you will come back and have an arrest warrant waiting for you!
If someone could find out the actual legal answer that would be helpful to us all.
Or, lets take it another step. What of I was a merchant marine and went out for 2-3 months at a time? I never knew exactly when I would be leaving and regularly was gone during my annual registration? Or, what if I was a long haul truck driver? Or, what if I worked for a circus or carnival and travelled regularly?
First, regarding going in early,that will not work, they will nail you for failure to registger anyway. Your problem is that you’re trying to be reasonable;they are not. If you go in 10 days early and register, you still have to register all over again”within five days of your birthday.” BTW, I read that “within five days of your birthday” to means five days in advance or five days after –= and 10-day window. If you go in six days before your birthday, you will have to go in again “within five days of your birthday,” or they will throw you in jail. I read a case early on where some guy who registered 18 days in advance ended up in jail for not registering within five days of his birthday! It doesn’t matter what YOU think is reasonable, only the precise language of the law — and they are trying as hard as they can to find any way to nail you, no matter how minor and irrelevant the violation.
As for leaving town for a month around the date of your birthday, I think there is room to read the 290 laws to mean any time you leave town for some amount of time (and I can’t know how much time would trigger this), you have move to a new residence, and you must go in and change your registration to tell them of your new anticipated residence before the move or at least to add it on as an additional residence, and thus also go in and register in the location where you are going for that time. When you return, you again must go in to register again at what you know was your real residence all along, but they will say it is new upon moving back to the town or state. The only benefit to you of this is that gets you around any issue of not being in town around your birthday to register.
Of course, if you are laid up in a nursing home for a month at that time, you better get the hell out of bed and into a wheelchair and roll on down to do your registration – there is nothing in the law giving you an exemption under that condition. In fact, you better go in regardless to register the nursing home as your new residence for that period. If one if to follow the letter of the law, that is what it requires.
Or, if it seems to you that this can’t be what the law requires, then your position would have to be that the law is too vague to be able to tell — unconstitutionally vague, so they could neither prosecute you for failing to register when you were out of town or for failing to register that out of town address as your new address.
And being too vague, it could invalidate that entire statute (which is why they broke 290 up into a series of several statutes, so the rest would stand even if one were invalidated).
But the problem with this vagueness argument is that to fight it, you will have to have a lot of money for a lawyer. There will be no justice for anyone who does not have a bottomless pit of money to pay the best lawyers. Our “justice” system is strictly for the rich; the rest take plea bargains (which our state high court now says the state can change to your detriment after the fact) and accept whatever treatment they get going forward.
I still don’t know what “regularly resides” means. When I change addresses they want to see a phone or electric bill with your name and the new address on it within 30 days. What if I want to do the 1000 mile Pacific Crest Trail? At my pace it would take me five months. Do I have to check in at every ranger station and have them send a note to — to who? The jurisdiction I just left ysederday? The jurisdiction where my house is? For what? I never even annoyed anyone in a public space. Why would they act like I was going to commit mayhem now? This is not exactly a travel ban, but it is supervised custody. I would put my name on any lawsuit that challenged the nefariously vague language that consequently gives law enforcement license to make traveling an undue hardship, whenever they feel like it.
…not only a hardship, but a potential criminal activity that one can go to prison for. That’s ridiculous. Especially, since they were ordered by the courts to reduce the prison population. Putting people in prison for traveling within our own country without proper consent. Are we slaves, then? No more.
That would mean they would have to do their homework, and have compelling evidence that any one person needs to be tracked. That makes sense. Take all that effort to keep the registries accurate, which they are unable to do now and put the money into reducing the incidents where the vast majority actually occur — in the home, school, etc. where the victims know the assailants. I don’t see that as an exclusive law enforcement responsibility issue, but a public education and mental health issue. Make it easier for people to “come out” in a confidential manner and get treatment, family intervention and the like, before something serious happens and people’s lives are ruined. Last time I heard, there were 2.25 million people in prison and .75 million on the registries. I forgot how many are on probation and parole. It’s safe to say that millions of people are under the penal system and growing and growing exponentially. Someone may know the economic cost of this system: monitoring, incarceration and don’t forget loss of productivity for those unable to work or have productivity reduced. Who is doing a cost/benefit analysis of this system. Fiscal conservatives where are they? Those interested in better funding social programs, where are they? On the penal band wagon, no doubt.
It’s more convenient for law enforcement to make you self-incrimanate yourself through registration. I also wonder if you take a trip, and register you are leaving town, if you lose any grandfather status you may have from an “exclusion zone” upon your return. You may take a vacation and come back to a house you can’t live in once you self-incriminate…
Here’s another catch 22 as far as I’m concerned:
Consider this: As soon as I have competed my probation term I would like to move outside the U.S. – after all, the general treatment we all receive as registrants tells us that this society doesn’t want us as members anymore – however, in California, if I ever wish to have a chance at a certificate of rehabilitation the law states that I have to have been a resident of California for the ten years immediately preceding my application for a COR.
So, the society that shuns and hates me wants to force me to endure this discrimination for at least ten years after I complete my probation if I’m ever to even have distant HOPE at receiving a COR – which is unlikely in the first place.
I’ve registered early?
I can tell you what happened to me when I ask to register early by a month.. I had some business dealings south of the border.. The processor officer (LB) took the appointment by phone and had no problem with it and it went normal.. Then 4 months later cops showed up with a message from the “Head” Sex Offender Registration person, and then I decide to swing by the police station and see what is what… And she clearly stated to me that what just happen was totally illegal and she has already addressed it with the processor officer and that the next time I do this, my statues will be set has “In Violation” and a warrant for me being in violation would be sent out… and from that day on.. I just do my best scheduling stuff around those 5 days
That’s soooo lame. I doubt any judge would allow this to happen! That’s (not on your part) is flat out dumb! Your showing up, abiding by the law and have nothing to hide? What if you had a important business meeting to attend? A college reunion? Lets be honest, you have 5 days within your birthdate? What if your birthdate falls on a Saturday? People do work? What if Monday is a holiday? What if ? Does that mean 5 days before? After? Everyone can interpret this differently? In summary, this is in essence a disability? What if I can only go on vacation in December?
Last year I didn’t want to sign the form because I didn’t understand what I was reading.
the Chief of sheriff went to the desk and told me I HAD to sign
I wrote signed under threat of arrest.
any other idea?
Also maybe it help if maybe 50 RSO show up at the same time and invite newspaper and of course maybe a lawyer and RSO friendly press to complain about how long and how bad it is.
just had another thought.
Invite your family and friends and have a birthday party at the police place. so your friend and family know what your going thur.
I’m not familiar with CA law but I would like to make a few observations that I hope will help:
1) Local law enforcement (or whomever) does not have the authority to allow you to not follow the law. If the law says “within 5 days” of your birthday, they do not have the authority to tell you that “within 1 week” is okay. It could even be a trap. The law is the law. Don’t trust them. Don’t accept “concessions” or “agreements”.
2) It doesn’t matter if law enforcement (or whomever) comes around your house every day all year for “compliance checks” and you are not there. You don’t have to be. Just because you live somewhere doesn’t mean you have to spend X number of hours a week there. You go to work, go out, visit friends, whatever. Live your life and never tell them where you have been. Only tell them where you are going when you are forced to by law.
And this is a great reason never to allow “compliance checks”. Law enforcement should NEVER expect to be able to verify whether or not you are at your home or not. NEVER. You have no obligation to help them “verify” anything. I firmly believe that all Registered families should enclose their properties with fencing or walls and never speak to law enforcement there. There is no benefit to you.
3) In the state where I live, you must visit the criminal regime within 3 days of your birthday. If your birthday falls on a Monday, then you can visit them only on the previous Friday. You must visit your local criminal regime on that exact one day of the entire year. And in some jurisdictions you only had 4 hours during that day to visit them. It’s total horse sh*t.
I think the “3 day” timeframe is part of the POS AWA, BTW (need more acronyms?!). Writing a law that requires a person to go somewhere 3 days within their birthday every year (as opposed to say, 1 month, which would change NOTHING in reality) is a clear sign that the people who wrote and support that law are complete scumbags. They are grade A certified a**holes. And they deserve no respect. It’s just stupid, useless, idiotic things like that which completely destroyed any credibility or respectability that the Registries possibly could have had. The people who support it showed their true colors and motivations.
Ok, I hope this is accurate after all The Sheriff Registration Lady told Me If I Am going to be gone more than 72 Hrs I have to Tell them how long & where. We had a death in the family & My GF & I spent the night @ the address of the deceased individuals house because it was being broke into eg: Family Member. & so just to be safe I called & asked; good thing I did! If I would have spent the night 2 x & 1 day I would have to register that address & RE Register Way before My date. & then there is the fact that a big red star on the house would have made it even more of a target & Harder to sell! Nah, It’s not a good Idea to assume anything ! Or You could find yer Self assuming You are wanted!
If I was gone, going ANY WHERE from My registered address longer than 72 Hrs & “Did NOT Call & tell them,,,,I would be in violation of contract Period! Just call and tell them or go in. That is the mysterious TIME FRAME every one wants to know now You can call & ask Your Registration place and find out from them. I Am not an SVP I Am a med- low risk IDK. been off Parole since 2003 & have not been nor do I want to be in trouble since. Go Figure I hope that this clears it up a lil.
Basically, the nice lady at the registration office told me it would cause a problem if ever I left the house for however many days if I didn’t inform them I was leaving and they come do a compliance check and find I am not home. This is there thinking. Whenever you leave the house without their knowledge, you’re going to commit a crime. Right? They have the power, and will weild it any way they see fit, until it is challenged. Fact of a registrant’s life. That’s why more of us have stand up and show up and make some noise, and more people like Janice will see the injustice. No one can hope to succeed in this alone, no matter how much one knows the law. They don’t care about the law, in my opinion, just power, and whether it’s with them or against them.
I am not a lawyer, but my reading of the law is that we are obligated to register when we move or when we have a birthday. I am not aware of any other legal obligation to notify the authorities about anything. If someone can show me some code that indicates an obligation to notify of travel, I would be very interested.
I am additionally aware that police sometimes wants to suggest they have more power than they really do.
290 does NOT require you to show a utility bill. In fact, many people do not have one, it is included in the rent, or the utilities are in someone else’s name. 290 specifically states you can show your driver’s license to “prove” your identity and your residence — yes, 290 says your driver’s license PROVES your residence — which means no compliance check is needed — and you do not have to cooperate with one — to prove it, as by law it was proven at time of registration. No utility bill is needed to prove your residence.
You still need to register any “residence,” whether you have anything to prove that location or not. You can’t be required to provide something that does not and cannot exist. And you can have several residences and need to register and each of them.
Your point supports another of mine: the law is so far reaching, so voluminous, with so many court interpretations, and being changed constantly, every single year, and police with just a high school diploma giving you their own interpretations and notices (they aren’t even licensed to do that!) that no one can know what is required! Yes, what is required when you live on the Pacific Coast Trial or five months? Or five days? You will find out the hard way, when a court interprets in a manner that gets you sent to prison. I say this makes 290 so overbroad and voluminous that it is unconstitutionally vague.
Haven’t there been any test cases? Surely there has been someone somewhere who was violated because of the confusion and it was deemed illegal? No?
Ok, I admit I Am Unsure what was meant & they Do like You to Believe they have more power than they do But I Am Not gonna test it without Janice to consult “Especially in Kern County”…Here You can get tossed up real easy for just P*$$*n’ Them off!
On a lighter note: Here is a list of farm Owners & labor contractors for CA.! The Farmers are having various issues with getting & keeping laborers up to $13.00 hr.DOE. Now If You want a job & “WORK” There is a good chance You can get Hired due to this “Migrant farm worker Deficit. I do Not Know Where else on this site to post this so please forgive Me the list is rather long…PS ….It IS WORK!
Farm Owners & Labor Contractor list (pdf)
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The key to the vagueness for me is the adverb “regularly” followed by the word reside. It is subjective and basically useless in defining what is your residence. Your definition of regular can vary from mine, or the DA’s. I can find no clarification of the word in the 290 language. Maybe I am missing something. If a term like that lends itself to misinterpretation, isn’t the law unenforceable? Again, I must be missing something, because why hasn’t this language been formally challenged? There is also no mention of exceptions for vacations in the language although any reasonable person would not confuse going on a vacation with changing a residence.
I would like to Know Why This has never been pursued as a Medical Law suit in Our behalf if this is Not ex post fact o regarding the stressors of the Registry on Us Our Families & Most of all the children. After all it is & was Known then to be a medical fact just not publicized Now it is! Undue stress Does What?” Shortens Yer Lifespan”!
Chronic stress.
We have long heard that chronic stress is bad for us, but we are now learning that it actually ages us down to the cellular level. Our chromosomes are capped by these little things called telomeres (TEE-lo-meers), which look like the plastic ends on your shoelaces. Telomere shortening is a marker of aging, and high levels of chronic stress actually cause your telomeres to shorten (meaning you age faster!) (Singer, 2011).
This was illustrated by researchers Elissa Epel and Elizabeth Blackburn who studied moms who cared for chronically ill children. Each participant in the study was given a Perceived Stress Test and various biological measures were taken. What they found was that those moms with the highest levels of perceived stress had telomeres that were far shorter than those moms with the lowest levels of perceived stress; in fact, those women in the high stress group were found to be physically a DECADE older than the women with lower rates of perceived stress!
Guys, can you elaborate on the guy staying at his girlfriends? He truly had to have talked? He had to have given information up or was on probation or parole? If you get confronted, simply decline to make a comment at this time!
Annual registration in Fresno County; Sheriff’s office for registration is open 3 days a week from 9 a.m. to noon. That’s it. If you’re birthday falls around a holiday when the office is closed or if you have a job, then one might be SOL and out of compliance. We shall see…