New Legislation signed by Gov. Brown (“Ban-the-box” / Cert. of Rehabilitation) UPDATED

Several pieces of new legislation were signed into law by Governor Brown earlier this month that might of interest here. Among them are a prohibition of asking for information about criminal records on employment applications (“ban the box”), as well as a possible discretionary shortening of the waiting period for a Certificate of Rehabilitation if the “interest of justice is being served”. Full Article / More Info NOTE: 290 Registrants are excluded from a discretionary shortening of the waiting period for a Certificate of Rehabilitation. (added by Admin 10/28) 4852.22. Except…

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Fear the Bogeyman: Sex Offender Panic on Halloween

It can be said that sex offenders are the new bogeymen, mythical monsters invented to scare children into social order. People convicted of sex offenses, and subsequently placed on the public registry, are transformed into a concept of evil, which is then personified as a group of faceless, terrifying, and predatory devils. It would appear that this strategy is used to keep sex offenders at a distance, in turn keeping our children and families safe from harm. But in reality, such fantasy does just the opposite: ignoring the realities of…

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MI: Legislation would force sex offenders to pay to be on registry [UPDATED]

Legislation passed by the Michigan Senate in Lansing would require registered sex offenders to pay an annual fee to help maintain the state’s sex offender registry. Senate Bill 221’s sponsor, state Sen. Rick Jones, said it is ready for the governor’s signature. “These are people who committed crimes,” said Jones, R-Grand Ledge. “I do not believe that the hardworking taxpayers in Michigan should foot the bill for a registry of crimes they did not commit.” In a news release on Thursday, Jones cited other states such as Indiana, which charges $50 per year…

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OK: Sex Offender Law Successful Challenge Sets Stage for Other Jurisdictions

Recent decisions have relied on the reasoning of the US Supreme Court in Smith v. Doe when analyzing challenges to sex offender registry laws. The Smith decision notoriously held that Alaska’s sex offender registry did not violate the US Constitution’s prohibition on ex post facto laws. The US Supreme Court held that the Alaska registry was constitutional by applying a two-step analysis: first, determining whether the legislation was intended to have a punitive effect and if so, analyzing the results of the “intents-effects” test established by the court in Kentucky vs. Mendoza-Martinez. The Oklahoma Supreme Court…

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In Defense of Rational Sex Offender Public Policy and Laws

The past several weeks I have been researching the sex offender laws applicable for sex offenders living in Rhode Island and in South Carolina.  While not surprising, the laws are anything but rational and they are certainly not empirically based.  This goes across the board, not merely in Rhode Island or South Carolina but at both the state and federal levels. The Adam Walsh Act of 2006 requires sex offenders to be classified in one of three tiers of supervision.  Tier 1 sex offenders have lighter restrictions placed upon them…

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Transmitting Child Porn Case Overturned

Every era in human history has its version of a witch hunt. In the late 1600’s, colonial Massachusetts put many people to death via hanging, or burning at the stake, because these folks “confessed” to being witches. In my view, part of what qualifies any government activity as a “witch hunt” involves examining the large gap between the punishment and the crime. Burning at the stake for being a witch is but one example. Twenty years in prison for possessing child pornography, that’s today’s example. Yes, our government would probably…

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Bubba the Love Sponge warns communities about sexual offenders

It’s nearly Halloween. A time for little ghouls and goblins to dress up for Trick or Treat. Tampa radio personality Bubba the Love Sponge is worried about some real scary people. Bubba asked listeners to let him know where sexual offenders are located in their neighborhoods. He says he then went onto the FDLE web site to verify the information and went says he went one step further to verify the offenders information on individual county law enforcement web sites. Bubba then had yard signs printed on a red background with bold…

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10-Year-Old Boy Required to Register as a Sex Offender

Two years ago, the U.S. Department of justice prosecuted a 10-year-old boy for aggravated sexual assault on five boys, ages 5-7. The assaults happened on an Army base in Arizona, which is why the DOJ was involved. After winning a delinquency judgment (the equivalent of guilty in juvenile court), the boy was sentenced to five years probation and required to participate in mandatory psychological treatment. He must also register as a sex offender for the rest of his life. Full Article

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CA RSOL Meeting in Fresno – November 9

On November 9, 2013, Attorney Janice Bellucci with California Reform Sex Offender Laws (www.californiarsol.org) will be in Fresno to talk about her role in helping offenders who must register, to understand they have a civil rights attorney to help them. Janice has filed lawsuits against California Cities, that restrict sex offenders from going into public buildings or other public areas. She has successfully sued and won to have these ordinances repealed. Another guest is Clare Ann Ruth Heffelbower from Fresno Pacific University. She is the Director of the COSA program…

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Manufacturing Fear: Halloween Laws for Sex Offenders

In North Carolina, a sheriff tells parents to check the online sex offender registry before allowing children to trick-or-treat. In Montana, a town offers a “trunk-or-treat” event where kids can get Halloween candy from trunks of cars in a parking lot to avoid potential danger. In New York, “Operation Halloween: Zero Tolerance” prohibits sex offenders from wearing masks or costumes or answering their doors on Halloween, and, as a parole source says, “There is certainly nothing more frightening than the thought of one of these men opening their door to…

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We Register Cars, Don’t We?

When you get a new appliance, do you take time to fill out the little card and register your toaster, coffee maker or iron? Of course you do, if you want the company to keep track of it and fix it in the event of a breakdown. We’re pretty good in America about registering things. We register our preferences for baby shower or wedding gifts to avoid duplications. Voting registries make sure only those eligible can cast a ballot. We register our motorcycles, boats and cars so we — and…

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CO: Englewood to appeal sexual offender decision

ENGLEWOOD – The City of Englewood announced on Tuesday that they plan to appeal the recent federal court decision to allow sexual offenders to be housed near schools, parks, pools and daycare centers. What started the court decision was when a registered sex offender fought the law and won after being told he couldn’t live anywhere in the City of Englewood. The ruling has potential to undermine laws in five other Colorado cities that place distance restrictions on how close some sex offenders can live to certain locations. Full Article…

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Canada: Father killed with one punch after being mistaken for a pedophile

MONTREAL – The Crown wants a six-year prison sentence for a 21-year-old man who killed a Montreal father with a single punch. The victim, Iqbal Ahmed, was simply trying to bring his wayward teen daughter home but other teens attacked him, thinking he was a pedophile. A judge will decide Francis Belanger’s fate in December following sentencing hearings that ended this week. Full Article

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VA: Sex Offender Fears Force Church to Close Homeless Shelter

A Virginia church will close its homeless shelter this fall due to fears that the site was housing sex offenders. “This was a rough decision for us because we looked at the overflow shelters as an extension of our ministry,” Reverend Tyrone Nelson, who pastors Sixth Mount Zion Baptist Church, told WTVR News. Nelson added that it appeared that sex offenders were not only spending the night at the church but that they were “actually using our address. They were using the shelter and probably had been using the shelter on…

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MI: ACLU – Day care bills place ‘nearly impossible burden’ on sex offenders, police

LANSING, MI — Senate-approved legislation that would prohibit registered sex offenders from loitering near day care centers in Michigan appears to have hit a speed bump on the House side. Shelly Weisberg with the ACLU of Michigan, testifying before the House Criminal Justice Committee on Wednesday, warned that Senate Bills 76 and 77 would create “a nearly impossible burden on listed offenders and on law enforcement.” Full Article

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New law targets sex offenders who disarm tracking devices

SACRAMENTO — Gov. Jerry Brown cracked down on sex offenders who disarm their electronic trackers while on parole, signing legislation Saturday requiring that they stay in jail once they are caught. Some counties with severely crowded jails have freed such offenders almost immediately after detaining them for tampering with the GPS devices, a Times investigation found this year. The bill Brown approved requires that the offenders be sentenced to 180 days and serve their entire parole revocation in jail. Full Article

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