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General Comments December 2013

Comments that are not specific to a certain post should go here, for the month of December 2013. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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I’ve always believed that the ONLY way to win this fight is by increasing the number of people registration affects.

For example: California’s lawmakers claim that registration (and all of its associated components) serve the purpose of “keeping the public safe”. While little evidence supports this argument, proponents will frequently cite erroneously high recidivism rates for sex offenders in support of their advancement in the fight to “keep children safe”. In fact, sex offenders actually have one of the lowest recidivism rates in the state. On the flipside, the FBI states that gang members are responsible for upwards of 90% of ALL high crime; especially violent crime such as homicide, assault, and armed robbery. ( In fact, more children (those younger than 18) are killed and injured in an average month as the direct result of gangs, then in an entire year of sex offenses. When drug use is factored into the equation, that number sky rockets even further!

Now, I’m certainly not discounting the negative effects that a sex offense has on its victim. There is no doubt that the psychological and physical harm is debilitating. However, truth be told, gangs present a far more dangerous harm to children as their vast net affects every city, in every county, in every state! More children WILL be killed as a result of gang activity! More children WILL lose their lives to that of a constant prison stint as a result of gang activity! More children WILL be harmed by the effects of drugs, as a result of gang activity! And yet, while a first time sex offender recently paroled from prison cannot live across the street from a school, a gang member recently paroled for the fifth time CAN! How does this make any sense? Why is it that a gang member convicted of selling drugs to children over and over again, can go right back to an address directly across the street from a school? How is it that a gang member can visit whatever park he/she wants to without any consequence?

It doesn’t make any sense, folks! If the goal TRULY is to keep the public safe, then great! Let’s expand registration to include those people that present a REAL and CONSTANT threat to children, and whose recidivism rate hovers just shy of 100%. Let’s start to include gang crimes and drug sales to the list! Let’s change the list from one that is solely focused on “Sex Offenders”, and let’s start calling it the “Criminal Offender Registration”.

Doing this will greatly expand the number of people, the number of groups, and amount of money that goes into fighting the harmful effects of registration! It will also focus a HUGE spotlight onto what registration is REALLY all about and will force our lawmakers to actually take notice! Additionally, it just might force the entire system to collapse from the weight of so many registrants or, at the very least, FORCE law enforcement to ONLY focus their limited resources on those criminal offenders that they’re truly worried about!

Let’s be honest people; so long as the attention is ONLY focused on “sex offenders”, progress will be limited and slow-paced. It’s time to make a REAL change! It’s time to expand the number of people registration effects! This change MUST be forced through via the ballot box and the sooner we can get this change through, the sooner we can all expect to go back to truly living normal lives.

We literally need to change the wording and the title of 290, and expand the various laws that are incorporated into it. The reason I saw this is two-fold:

1) One might make the argument that if we’re going to push through a ballot initiative, we should focus that initiative on LIMITING the scope of 290, and adding tiers to ensure that the vast majority of offenders have a REAL chance at a limited registration period. The problem is that the public will never approve such a change and the opposition to this change will GREATLY outweigh the proponents. More money and more people will fight against it, than will fight for it.

2) The problem MUST get worse, before it can get better. Expanding registration will take 290 right to the brink of collapse; maybe even collapse it altogether!

Given the level of technology today (witness the NSA dragnet and the monstrous amount of data managed), the idea that the registry can be over run is ludicrous. Expanding the registry population won’t help anyone and WILL hurt many.

The struggle has to be multi-pronged:

1.) The courts are a must to get the laws reversed and/or modified.
2.) Civil actions against those who unlawfully use the information from the registries (i.e. “real estate”, social network, and background check companies that scrape the registry web sites) to reduce the profitability of these actions.

Right now we can be hounded with impunity, just as Klan’s men could murder whomever they chose. That only slowed significantly when they were sued out of existence.

We must be lawful, we must stand up and we must be implacable.

I agree with you completely. We need to be the voice of reason, citing the constitution and providing facts from studies and reports. When we speak in this way, others will be shown to be without reason and acting from fear.

I have a question. As far as the constitutional right to free speech and perhaps right to assemble: I live in a small County that often has community events, emergency shelter, Special Board of Supervisor Meetings and emergency services at the local schools. I am not allowed to go on school property as a RSO. Does that violate my constitutional right? Does free speech also include the right to listen to that speech? Anyone have a educated answer?

Good question. It is not that you are not allowed on school property. You are not allowed on school property without written permission from the chief administrative official of that school. In 2006 PC 626.81 was added to the Penal Code by the Sexual Predator Punishment and Control Act: Jessica’s Law. So if you are truly such a civic minded person all you have to do is get written permission ahead of time and exercise your civic rights to your hearts content.

I am not a betting man but I would put money on that being the answer to any legal challenge. There is always an “out”, same with the parks ban in many cities. The City of Huntington Beach amended its Parks Ordinance earlier this year to include the waiver option – otherwise the ban would have been unconstitutional for the very reason you cite. The fact that no pass has ever been (except for one acquaintance of an OC Supervisor) or ever will be issued is beside the point.

Much more fundamental than special events is voting. Many polling places are in schools. Would you be committing a crime if you exercised your RIGHT to vote? I would imagine the RIGHT to vote would included deciding to run down there at 7:45 pm, right before the polls close, or whenever you felt like it. Does it impede your RIGHT to vote if you have to make special arrangements ahead of time, have to vote at a certain time of day, or are allowed to vote only by absentee ballot? Do you have the RIGHT to vote within the same time frame, with the same information as any other voter?

I used to believe in the Constitution and the Bill of RIGHTs. Such a slippery concept these days… and that is for any one, not just RSO.

With all of these provisions, until they are formally challenged, and challenged in mass – nothing will change. Griping about them here will make zero difference.

That out you refer to is not a trump card. There is a MAJOR difference between asking for permission to exercise your constitutional rights and giving notice that you are going to do so. If the law said you simply must first give notice to the head of the school, that might pass muster; but needing his or her permission does not, because as you say, it can and will be denied. You can’t be required to seek permission to exercise your rights. Your rights are your decision to exercise, not someone else’s — otherwise they are not a right.

But there are other issues, such as emergency shelter after a disaster being set up at a local school auditorium. You don’t have a right to that.

On the other hand, a Board of Supervisors meeting at the school or a community center in a park will have a chance for you to speak.

Six Year Old Suspended for Kissing a Girl on the Hand

Once I’d ripped all my hair out after reading that one, I took some solace in 18 LA County goons being arrested. Somehow 18 does not seem like enough, but it’s a good start…,0,4405792.story#axzz2n7ERJghV

They got Corona. God willing, they’ll get Baca, too.

Go vote where ever your poling place is designated. They approved you to vote, it’s your permission slip. Does the school administrator have more authority than the Registrar of Voters?

I hope they look at the Nazi Probation department in San Diego.

How do you reach a school administrator during summer. And during an emergency aid or shelter situation, no school administrator may be available. I live in an area that has many major fires and school gyms are often used as a resource. And what is a school administrator? The Principal, Secretary, Someone in the district office?

So if I request permission to enter school property and I am denied. Will that be a violation of my right to receive services or vote at that location?

You don’t have a “right” to services any more than you have a right to drive. (But yes, I do think such denial would be unfair.)

As for the voting issue, that is more of a grey area. By denying you permission to vote at a polling place at a school, they are not denying your right to vote since you may still do so via mail — and please do.

I don’t agree. We have the right to equal protection under the law. I don’t know exactly which services we are talking about here, but i give up NONE of them willingly. In terms of voting, it is a right and every opportunity to vote…at a polling place, by mail and every other means…is a right granted every citizen and we are citizens. Any barrier to voting is a violation of our rights and is just plain wrong.

Well, under 290, yes, the school administrator has more authority. So, that angle does not really answer Joe’s question. 290 specifies who it is who must give the permission. And that is not the Registrar of Voters.

The out on that one could be that you can vote by mail, so they are not blocking your right to vote.

So why is it not OK for OC to require you notify the sheriff before entering a park where children gather, but it is legal for the State to require you to notify a school administrator before you go to a poling place to vote? Sometimes one has to go to a physical place to vote. Even the OC ordinance made an exclusion for entering for political or religious reasons.

Because the OC argument was largely based on the state law pre-empting the local ordinance.

Random thoughts: a ratio. A penalty is to a punishment as a fee is to a tax.

I need assistance from the 288 community! I will be searching for employment and housing in 2014 and I do not have a clue…I need to know of housing management companies or private that will rent to 288’s. I also need to know who and where the employers are that will hire 288’s. If those who are living as a 288 could please just email me where you live/work? No names, of course but I do not want ot embark on a fruitless journey! I only want to apply to those organizations that will hire 288’s and I only want to apply for housing where they will allow 288’s. Thank you to you all and have a GREAT holiday season.

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Discrimination! I was recently watching the burial of Nelson Mandella! My mind raced as I heard about how he fought for equality! Guys, the actions being taken against sex offenders is discrimination! We are singled out, names posted online, prohibited from working in particular jobs, prohibited from living in certain areas and the list goes on and on! Maybe we should files for disability? When we file suits against cities, it should be for discrimination? What’s their rebuttal!

You have touched on a very important set of facts. We are in fact disabled by these laws. Since the legislature conveniently exempted themselves from any liability for the broken and injured families and financial ruin stemming from the imposition of these ex post facto laws, we probably are not due hundreds of thousands of dollars in lost employment. However, we should be receiving a living wage and housing subsidies. In the meantime, don’t hold your breath while we find lawmakers with the intestinal fortitude to step forward on behalf of the constitution and equal protection under the law. They are figuratively hiding under rocks when the rights of registered citizens are concerned.

Sorry…I am really desperate in seeking JUSTICE for my husband. I am Ruth, a Filipino citizen.
To review his case 10years ago ( 2004) my now, loving HUSBAND was imprisoned for 2 years where until now he was still in the sex offender registry list and will be…. the rest of his life knowing the fact the he didn’t touch or harm anyone and already did pay the price. He was just reported because of printing one photo of a nude child seen in his car while filling up some gas where during that time he was still emotionally shattered and crashed from breaking up with his ex-fiance that drove him to be a woman hater and got obsessed in watching adult porno and lately children and was totally unaware of the consequence of his act. We believed that…that is God way of waking him up, after his imprisonment of 2years, he thought will give him the opportunity to live a new life and have a fresh start. He got rebaptized and started attending church services again with his parents who were both professors in an Adventist Campus in Cal. Since then, he promised himself that he will STOP from viewing any inapporopriate movies/videos. Now, almost after 10yrs..( Dec. 2013) we have family of our own here in Thailand, we have a beautiful 7month old daughter and we love each other so my 2 years of knowing him, I saw him as one of the most wonderful , harmless men I’ve ever known in my whole life. We go to church together and dedicated his life back in serving the Lord. Right after he was released in prison 10yrs ago, everything would turn out fine, not knowing thay it will just be start of his life’s misery… he has been misjudged and treated horribly by many people, he was not able to get a good-paying job, cannot reside at his own parents house…so when I met him 2yrs ago, I urged him to stay here with me in Thailand and I will help him move on and forget the past. He is still trying but knowing the fact that he cannot return to his loving HOMELAND “USA” still leaves a scar in his heart and even worse that his father is now fighting with terminal cancer and there’s no way he is be able to hug, kiss and look after him because he will be imprisoned again…FOR WHAT! because of not being able to report every year to the county!!! Where is your motto “God bless AMERICA” how will you blessed if you are surrounded by unfair legislators and laws.

Mr. President Obama..please hear my plea…my fiance already paid for it and he deserves to live a normal life with us his family and children and most of all to be given that chance to see his parents in AMERICA. Please..I am begging you STOP the lifetime sex offender registry those offenders cases and do not include those who didn’t hurt or harm anyone physically like my fiance.

Bangkok, Thailand

Pretty soon it will be everybody on a registry of some kind we were just a beta model for ???? Trial Run to see if the people would allow it. Now They ARE Uppin’ The Anti Goin’ for the Kill Shot on FREEDOM OF ANYTHING!

Merry Christmas from me, and a Happy New Year. Hopefully, we’ll be seeing things start to turn around in our favor next year, HOPEFULLY. Let that be our united goal, our daily mantra in 2014, whatever the cost and struggle. Let each one here work in their own way to bring about change and reform. We owe it to ourselves and our loved ones..Align yourselves with whatever reform group that’s out there, and you can get behind, there’s quite a few out there, both nationally and at the state level. Find out how you can get involved, ask how you can help, and what’s needed. You’d be surprised at how something relatively small can make an impact and make a difference to us all. You get OUT whatever a person puts IN. With time and donations, the groups go do more to fight the laws, believe me. Plans and strategies are out there for reform, we just need the money and the resources. Above all, please, don’t be afraid to SHOW UP, STAND UP, AND SPEAK UP!

Reform Sex Offender Laws, Inc.

Women Against Registry (W.A.R.)

SOSEN (Sex Offender Solutions and Education Network)

USA FAIR, INC ( Families Advocating an Intelligent Registry)

Dave in the Philippines

True to form, the list of Gov. Brown’s Christmas Pardons did not include a single 290 Registrant.

Here is the full list:

While googling this I noticed that amongst 2013 pardoners was one person convicted of Murder in the late 70s who served 15 years in prison.

A few years ago we were some of the fortunate few to have my husband awarded a Certificate of Rehabilitation and with that some normalcy returned to our lives. I say “we” on purpose, as I was punished just the same, as everyone here is well aware of. The granting of the Certificate also served as a formal application for a Governor’s Pardon.

At first I kept waiting for the Pardon notice – it never came, then looked at the annual lists over the years, now I do not bother any longer. And I do not really care… really, what the Governor thinks of my (awesome) husband does not matter to me. It shouldnt. But the implication is that my husband is not as worthy of consideration as someone convicted of Murder. It means that his application for pardon was looked at and rejected, even after the Court declared him to be “rehabilitated”.

My husband’s issue was from decades ago, a misdemeanor with probation and no prison / jail time. While I am very happy for this guy who served 15 years in prison for Murder to have been granted a pardon, I think it goes without saying that my opinion of and my belief in this “justice” system has sunk to yet another low. If that is possible.

A Wife, there is a whole procedure in the avenue to a pardon. The certificate is one way to start it. From there, it goes to the Legislature, your name is published in the public record. I forget all the details, but the Legislature does something to act on it, maybe its the Legislature making a recommendation. Only then does it get over to the governor.

This is yet another problem of even seeking the certificate, especially to get out from under registration for a misdemeanor, as it serves to make even more and more public record as a registrant, both at the court level and againat the Legislative level — the latter of which is a permanent record! I guess the public posting in the court and Legislative record isn’t too important to a felon, who already was publicized, but to a misdemeanant it sure is. Still, even for a felon it is just that much more record out there when your whole purpose is to stop the record. Still, for a misdemeanant, all they need to stop registering is the certificate – -but the matter goes onto the Legislature to add that public record and then to the governor, presumably for more public record of the denial. A misdemeanant can’t simply get the certificate and stop all else — a misdemeanant is being evaluated for the certificate on the basis of the standard for a pardon, not just for the certificate.

You got that additional record — but you didn’t get the pardon. No governor can ever dare pardon any sex offender.

Life, liberty and the pursuit of happiness. That sun has set on registrants caught in what seems like lingering midnight. The stars are now sad, yet poignant reminders of that blazing Justice we all dream of, small beacons of hope, set against that field of unfathomable hatred. A case won here, a report in our favor, a word of understanding there, signs of a greater peace we long for. On edge, sleepless, will we ever see that glow growing in the East, humanity welcoming us back? Don’t count on it. It’s as lost in the dark as we are, stumbling towards the void created without just laws. It’s going to be a long night, so light a candle and throw another log on the fire. Keep the wraiths and their registries afraid of the light.

Now IT’S ON The Fight for freedom of Speech A Cyber War & WHO invented the WEB??? The GOV! Go Figure?

Better Yet We the TAX PAYERS PAYED FOR IT! Oh The Irony.

I just want to give thanks to Janice Bellucci and all her staff for all they have done for 290 registrants. Without Janice Bellucci a lot of us would be without hope. Merry Christmas and Happy New Year to all of you.
Your friend and supporter for life, Wife,Family and Me 🙂

As this year ends so should the inflammatory language used
toward forced to register sexos (monster, predator, pervert, sicko etc.)….derogatory names much like to dehumanize people…..much like no place to call a black person “””””””””or a same sex person a “””””””””””that language is offensive inflammatory and derogatory ………that language
must be used to find you guilty of…..NOT after the fact to put you in a level or degree.

“If you are neutral in situations of injustice, you have chosen the side of the oppressor.” — Desmond Tutu