Sacramento County became the latest governmental entity Wednesday to be sued over an ordinance limiting the movements of registered sex offenders near parks and other public places, but the practical effect of the suit may be negligible. Full Article
Read MoreMonth: April 2014
City of Duarte to Repeal Ordinance
The City of Duarte is expected to repeal its sex offender ordinance, according to a letter from City Attorney Dan Slater dated April 30. According to that letter, the actions are the result of “a threat” from California RSOL to sue the City if it did not repeal its ordinance. The City Attorney noted in his letter the California Supreme Court decision dated April 23, 2014, which denied review of two decisions by the Court of Appeal which determined that offender laws by cities, similar to that adopted by Duarte,…
Read MoreSacramento County Ordinance Challenged in Federal Court
A lawsuit challenging a sex offender ordinance adopted by Sacramento County was filed today in federal district court. This lawsuit is the sixth in a series of lawsuits challenging sex offender ordinances adopted by local governments that prohibit the presence of registered citizens within their jurisdictions. “Sacramento County adopted an ordinance that violates both the state and federal constitutions,” stated attorney Janice Bellucci. “The ordinance is also preempted by state law as determined by the California Court of Appeal in the Nguyen and Godinez cases. The California Supreme Court denied…
Read MoreAK: Alaska Supreme Court overturns 2006 conviction
The Alaska Supreme Court last week overturned the conviction of a 62-year-old Ketchikan man who had been found guilty in 2006 of failure to register as a sex offender. In its April 25th opinion, the court writes that the original offense for which ____ ____ was convicted occurred in the 1980s, before the State of Alaska passed the Alaska Sex Offender Registration Act. That 1994 law required convicted sex offenders to register with the state, even if the offense took place before 1994. Full Article
Read MoreTX: Catch 22 on civil commitment housing: ‘Outpatient treatment’ a cruel farce
There have recently been a spate of stories about housing for “civilly committed” sex offenders, people who’ve completed their sentences but been kept under supervision through civil proceedings, culminating in the resignation of the board chair at Texas’ Office of Violent Sex Offender Management. But until yesterday’s Houston Chronicle article (“For sex offenders who’ve completed their sentences, ‘the only way out appears to be to die’,” April 26), the focus of discussion had been on demonizing the agency for housing too many such offenders in a handful of neighborhoods. The…
Read MoreMA: US Marshals, police team up to hunt ‘predators’
A partnership between the US Marshals and state and local police has sharply increased arrests of sex offenders who fail to register. Full Article
Read MoreWhere are sex offenders? Jessica’s Law complicates monitoring
The number of homeless sex offenders has skyrocketed since Jessica’s Law went into effect, and after the recent arrest of two serial killer suspects some experts say the law to protect women and children is backfiring. Unable to live near schools and parks, some registered offenders end up living on the streets, making it difficult for them to find jobs and forcing them into areas where they end up congregating. Before the residency restrictions brought by Jessica’s Law eight years ago, 88 paroled sex offenders were registered as transient in California.…
Read MoreTX: Sex offender gets 85-year sentence
A College Station man was sentenced to 85 years in prison Friday for his third failure to register as a sex offender offense. ____ ____ ____, 52, will not be eligible for probation consideration until he has served at least a quarter of his sentence. Crawford pleaded guilty in 1984 to the sexual assault of a 19-year-old woman. The now-48-year-old testified Thursday in the punishment phase of ____’s trial. Article
Read MoreNorth State Psychotherapist wants changes to Megan’s Law
Dawn Horwitz-Person is a Sex Offender Treatment Specialist in Chico. She deals with some of the most violent and dangerous convicted sex offenders in the north state. She has also been featured on “Oprah,” and “Anderson Cooper 360.” Oprah Winfrey flew to Chico in 2010 to meet with Horwitz-Person and four of her patients, who openly discussed how and why they chose their victims. Horwitz-Person is one of many California Phycho-therapists hoping for changes to the California Department of Justice’s sex offender registry Megan’s Law, because she says it is…
Read MoreNeel Kashkari trails registered sex offender in new governor poll
Republican gubernatorial candidate Neel Kashkari was already facing an uphill climb to unseat Gov. Jerry Brown this year, and now a new poll shows just how steep that hill is — he’s trailing a registered sex offender. Full Article
Read MoreCities scramble after sex offender ruling
Three cities and San Diego County are reviewing their bans on sex offenders being near schools and parks this week after the California Supreme Court declined to review lower court rulings declaring similar restrictions illegal. National City, La Mesa, Santee and the county have all adopted ordinances that prohibit sex offenders from being within 300 feet of a school, day care center, arcade, playground, park or amusement center, to some degree. Full Article
Read MoreIs there a loophole in CA’s tracking of sex offenders?
SACRAMENTO, Calif. (KCRA) —Certain sex offenders are supposed to be tracked and monitored, even after they’re released from prison. But according to the Sacramento County Sheriff’s Department, hundreds of them have registered as transient — and some are doing so to avoid detection and certain living restrictions. Full Article
Read MoreAPPELLATE COURT INCREASES ELIGIBILITY FOR CERTIFICATES OF REHABILITATION
The California Court of Appeal issued a decision today (April 25) that increases the eligibility of registered citizens who may apply for a certificate of rehabilitation. That is, the court determined that individuals convicted of Penal Code 288(a) may apply for such a certificate. “The court’s decision today is important to a small group of registered citizens who wish to apply for a certificate of rehabilitation,” stated CA RSOL President Janice Bellucci. “Unfortunately, it does not guarantee that any registered citizen will actually obtain a certificate.” The appellate court’s decision…
Read MoreSex offender data threatening home values, tarnishing neighborhoods and frustrating real estate agents
Allan Van Inwegen said he received some unsettling news almost immediately after moving into a home with his wife and two children about 14 years ago. His neighbors told him they were living in a property right next door to a sex offender, “who happened to be 17 with a green mohawk,” said Inwegen, a broker in Denver. But after some digging, he discovered that the offender wasn’t exactly a menace. The 17-year-old had had sex with his 15-year-old girlfriend, and the girl’s father, a preacher, had caught them and…
Read MoreCALIFORNIA SUPREME COURT UPHOLDS BAN ON CITY, COUNTY ORDINANCES
[Updated with media links] The California Supreme Court today denied review of a lower court’s decision that, in effect, bans cities and counties from enforcing ordinances that restrict where a registered citizen may be present or near. Review by the Court was requested by the Orange County District Attorney. “Today’s decision is a major victory,” stated CA RSOL President Janice Bellucci. “Through its denial to review a lower court decision, the California Supreme Court has ruled that ordinances in more than 70 cities and 5 counties are preempted by existing…
Read MoreSanta Maria attorney files sex offender lawsuit against Lompoc
A Santa Maria attorney has filed a complaint in federal district court on behalf of a Grover Beach resident against the city of Lompoc over a sex offender ordinance the city adopted, claiming it violates both the federal and state constitutions. Attorney Janice Bellucci, who also serves as president of the California chapter of the nonprofit organization Reform Sex Offender Laws, filed the complaint on behalf of registered sex offender Frank Lindsay, 61, who serves as a board member for the chapter. Full Article
Read MoreSupreme Court sets aside $3.4-million verdict for child-porn victim
WASHINGTON — Victims of child pornography whose images of sexual abuse have circulated on the Internet may claim damages from every person caught with illegal images, the Supreme Court ruled Wednesday. But justices rejected the idea that a single person who possesses such images may be assessed the full amount due to the victim, setting aside a $3.4-million verdict against a Texas man in a favor of a woman whose childhood rape was photographed and widely circulated on the Internet. Full Article Also see: http://www.scotusblog.com/2014/04/opinion-analysis-dividing-the-duty-to-pay-for-child-porn/ (Analysis) http://www.courthousenews.com/2014/04/23/67276.htm
Read MoreNM: Court urges rewrite of state’s child porn law
New Mexico’s highest court on Monday overturned more than two dozen convictions in separate child pornography cases in a ruling that drew sharp criticism from Republican Gov. Susana Martinez, a former prosecutor. The state Supreme Court said the defendants can be charged with only one felony count of possessing child pornography despite having many pornographic images of children. Martinez spokesman Enrique Knell said the ruling “will place children at risk.” Full Article
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