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General News

General Comments November 2014

Comments that are not specific to a certain post should go here, for the month of November 2014. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

Join the discussion

  1. Ron

    So it turns out that the person that hit and killed the 3 teenagers on holloween had a prior DUI. I guess this would not have happened if there was an online registration of anyone convicted of a DUI. Let the new registration begin! If it only saves one child right?

    • C

      It seems that, in matters of Halloween safety, greater emphasis should be placed on how to cross the street than which houses to avoid.
      Likewise, it is not the RSOs who should be told to stay home and turn off the lights, but the POS, murderous repeat offenders who should be banned from ever getting behind the wheel of a vehicle.

      If Obama had a son with a bad driving record…

  2. Joe

    NO on Proposition 47

    Proposition 47 makes six non-violent and non-serious crimes* from felonies into misdemeanors. Makes sense for a prison system busting at the seams? Absolutely.

    However, Proposition 47 keeps those offenses at the felony level for those convicted of MURDER and those required to register under PC 290.

    This criminal history has no connection to the charge in question (see below) and is a cheap political ploy to get this proposition passed. Replacing a bad law with a deeply flawed one, sacrificing the rights of one group, is NOT the answer.

    —– NO on 47! —–

    *forgery for less than $950, check fraud for less than $950, shoplifting goods worth less than $950, having drugs for personal use, petty theft for less than $950, and receiving stolen property of less than $950

    • Timmr

      A misdemeanor is a misdemeanor, isn’t it? A registrant who is homeless and unemployed and hungry decides to steal a loaf of bread to obey the law of nature to preserve his body, this means he will receive a felony, which I think is basically unfair. How does this promote justice and public safety?

  3. JM

    Joe, you are absolutely correct, and for the reasons you mention, I voted NO!
    While I believe that in some cases some felony charges should be misdemeanors, I was repulsed by the fact that just because someone lands on the registry, that they are to be excluded. Glad to see that someone else agrees.

  4. Owen Cash

    Well it seems that the “Ban the Box” legislation is being heeded by no one. Every job application I have filled out since July still has the question “Have you ever been convicted of a crime more serious than a traffic violation. If so, explain:” ALSO, the last job application I filled out asked this – “Are you a registered sex offender?” – even though the job for which I was applying was a position that would not be prohibited for a sex registrant to hold. What next?

    • Janice Bellucci

      Please provide us with more information about the job application which asked if you are a registered sex offender. You can provide the information on this website if you wish to reveal the employer. If not, please send the information to me directly at jmbellucci@aol.com. Thank you.

      • Owen Cash

        Janice – I emailed you the link to the online job application which makes inquiries about sex offender status.

      • Timmr

        I think we need a column here dealing with employment. Having an income is basic to all the other rights. You can’t travel or find shelter and food, for yourself or those who depend on you, unless you have money to buy those things.

      • Timmr

        …and the result is to drive people towards the underground economy, where work is found without the proper safeguards of licensing, insurance and tax collection that benefits the consumer and society as a whole, are not in place.

    • Timmr

      For those of us self employed in the trades, the situation is similar. I used to use lead generating services, so that I could find jobs to bid on. Some now specifically state that they screen out people convicted of sex offenses, based on background checks.

  5. Tired of hiding

    I did not vote today. I refuse to be a part of this joke called democracy we have in this country. It is meaningless. I do not believe in your institutions. I do not respect the “supreme” court. They are nothing but men who have no special knowledge or magic powers. They will be dead a go to their graves with no more knowledge than you or me.

    • C

      Well, aren’t you just a little golden ray of sunshine?

      If you don’t vote, then you have no grounds to complain.

      • Tired of hiding

        You always have grounds and a right to complain. Who do you think you are? If I voted for “X” and I was not happy with the performance I would complain. If I didn’t vote for “X” and you did, I would still have the right to complain. It’s called an opinion.

        So drop the attitude and respect my right to exercise my option NOT to vote and I am still every bit as you are dude!

  6. Joe

    Proposition 47 passes

    http://abc7.com/politics/prop-47-reducing-penalties-for-some-crimes-passes/380896/

    Under Proposition 47, shoplifting, forgery, fraud, petty theft, and possession of small amounts of drugs including cocaine and heroin are among the offenses that will be treated as misdemeanors rather than felonies.

    Felony convictions can still be imposed on defendants convicted of those offenses if they are registered sex offenders.

    Equal Protection Lawsuit anyone?

    • Anonymous Nobody

      Yes, equal protection challenge, among other things. Again, no nexis is that exemption.

  7. JM

    Hey Joe,
    CDCR has to keep our prisons full somehow.
    That’s the only reason I can think of as to why this law included registrants.

    • Timmr

      65% of the money saved from not sending people to prison will go to the Board of State and Community Correction. That board of 13 is filled by 9 law enforcement representatives, one judge, two rehabilitation professionals and one member of the public, so yes, a great prortion of the money saved goes back in the control of law enforcement. 25% goes to schools, essentially for law enforcement purposes like truancy reduction. It passed by 58.5%, not a landslide. Without it sounding like it was for children and against sex offenders, my guess is it wouldn’t have passed.

  8. Harry

    I am trying to understand this COR thing, pertaining to my situation. I received a COR on December 9. 1997. My offense was for 288(a) and 647.6 with plea deal in May, 1989 and I never went to prison with release from probation in May, 1994. I had no offenses, of any kind, since. I am still an life time 290. What is this supposed to mean to me? Is there something I should be doing?

    • Anonymous Nobody

      Penal Code Section 290.5 (a) (2) specifically says that for both of those offenses, a COR does not relieve you of the registration requirement. You would have to get a pardon in order to be relieved of registration. You can see that section at:

      http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=290-294

      It seems to me that a COR MIGHT have used to relieve you of registration, but that standard was raised in the 1990s requiring the full pardon. If so, your situation is one of the issue of retroactivity.

      But I note, as with the same crap happening to misdemeanants who were automatically relieved of registration when they got 1203.4 relief at the end of probation (that was the standard for relief until the mid-1990s) later being required to start registering again, there might be a challenge that retroactivity cannot take away something for which you have actually taken assertive steps to achieve and earn and have been granted — that would be a violation of a quid pro quo, analogous to buying a product at the store, but when the store decides to raise the price next year, they come by and take the product back because you have not paid the higher price. But until a court agrees with that challenge, you will have to register. (This angle would be different that the one in Doe v. Harris.)

  9. Bam

    Has there been anymore discussion on a tier system by the Sex offender management Board.

    • Janice Bellucci

      We spoke with the CA Sex Offender Management Board today and confirmed that their next meeting will take place on November 20 in Sacramento. The board would not confirm, however, that the issue of a tiered registry will be discussed at that meeting. The board agenda must be available no later than 10 days before the meeting so please check on November 10 to ensure that topic will be discussed.

      • Anonymous Nobody

        Please push for the tiers to be linked to the offense, not to an evaluation of each individual. Let the evaluations occur only if someone wants to apply to be put in a lower tier. They say the devil is in the details, and the evaluations are the devil incarnate.

  10. Michael

    Here is an article, in the Orange County Register, that I think whomever should transfer to the list on the CARSOL home page.

    It talks about how GPS and residence restrictions/Jessica’s Law, from the perspective of the State office of the Inspector General, are major fails for RSOs

    http://www.ocregister.com/articles/sex-641127-offenders-agents.html

  11. Anonymous Nobody

    RE Doe V. HARRIS, for which the California Supreme Court gave its decision July 1, 2013, I have a question: Why can’t I find any Ninth Circuit followup ruling based n the state high court decision?

    The case was a Ninth Circuit case, case number 09-17362. The Ninth Circuit on April 2, 2011, sent its question to the California high court to consider and get back to the Ninth Circuit. The California court gave its opinion on July 1, 2013. (Bad decision!) The state court indicated the decision was an unpublished one (and so, it is not citable in subsequent cases).

    I understand that the Ninth Circuit even put in writing that: “We agree to follow the answer provided by the California Supreme Court.”

    OK, so the California court has provided the answer, one year and five months ago. Why is there no final ruling that I can find issued by the Ninth Circuit? I would like to see how they phrased their final ruling — especially considering there was a dissenting opinion by one state justice under which the plaintiff in this case could actually win; I presume the NInth Circuit would choose or have to follow the majority opinion.

    And, did this case not get appealed to SCOTUS?

  12. steve

    So why aren’t the cops investigating this:

    “Sources directly connected to Kim tell TMZ … her issue has nothing to do with her 17-year-old sister dating a 24-year-old. In fact … we’re told Kim says she’s in the dark as to whether the relationship is even physical.”

  13. Bruce

    I Have Recanting affidavit & supporting testimonial evidence as well as physical evidence to Prove My Innocence yet,,,No One will help Me..WHY?

  14. Bruce

    There’s Somethin’ Way Wrong with this Picture….& It’s Not Me!

  15. Bruce

    It would seem that If the System is That Overloaded they would be willing to admit their ERRORS.? Any One willing to assist Me Would be Greatly appreciated call Janice for My # & or E-Mail I have No money but I would like Justice for My Family & Myself..screwit,,My # is 530-774-3557 & I have no clue as to get this started I just Know it is a “Coram Novis” Any one with that experience Please Call Me & give me a few pointers on where & what to do so I don’t screwit Up…I’m good at that it appears..lol

  16. Bam

    I BELIEVE THAT THE SEX OFFENDER MANAGEMENT BOARD WILL NOT RELEASE INFORMATION TO THE PUBLIC IN REGARDS TO THE TIER SYSTEM BEING OVER HAULED. I BELIEVE THAT THEY WILL TRY TO KEEP IT AS QUIET AS POSSIBLE DUE TO THE FACT THAT THEY ARE ALL FOR IT AND WITH TO MUCH PUBLICITY IT WILL TEND TO GET INTO THE WRONG HANDS. I BELIEVE THAT THEY HAVE FOUND THE SOLUTION BUT IT WILL BE DONE AS QUIETLY AS POSSIBLE. PREPARE TO NOT HEAR FROM THEM IN REGARDS OF THEIR DECISION. I BELIEVE THAT IT WILL BE IN FAVOR OF MOVING FORWARD WITH THE OVER HAUL OF THE REGISTRY AND PLAING US INTO CATEGORIES 1,2, OR 3. QUIETLY, WAHT DO YALL THINK!!!

    • Timmr

      That’s what I think. Why don’t they have any of their meeting minutes past fall of 2013 on their website? Personally, I think that if the public and their “servants” in government see that “sex offenders” are backing this bill, it will be doomed.

  17. Michael

    Well, my hearing for my Certificate of Rehabilitation is scheduled for January 9th, 2015. So wish me luck.

    I don’t know if it will matter to the court or not, but the conviction was for a single misdemeanor count (original charge filed by DA’s office, not pled down from a felony) for possession of CP in 2004.

    Actually, my petition is being handled by the OC Public Defender’s office, so REALLY wish me luck. :-/

  18. mike

    National City repeals restrictive law dealing with registered sex offenders

    http://www.10news.com/news/national-city-repeals-sex-offender-law-11182014

  19. Joe

    Protecting the Childrenz

    They are doing a h3ll of a job.

    Prevalence of Child Homelessness

    Based on a calculation using the most recent U.S. Department of Education’s count of homeless children in U.S. public schools and on 2013 U.S. Census data:

    • 2,483,539 children experienced homelessness in the U.S. in 2013 (2.5 million).
    • This represents one in every 30 children in the U.S.
    • This is an historic high in the number of homeless children in the U.S.

    From 2012 to 2013, the number of children experiencing homelessness annually in the U.S.:

    • Increased by 8% nationally.
    • Increased in 31 states and the District of Columbia.
    • Increased by 10% or more in 13 states and the District of Columbia

    http://new.homelesschildrenamerica.org/mediadocs/275.pdf

  20. 290inCA

    My family is looking to Lake Arrowhead for New Years and need to know if a 290 is allowed to visit there? This would be end of 2014 and beginning of 2015 for 1-3 days?

    • 290inCA

      This is for California.

    • Tired of hiding

      If you are not on active probation just go and don’t worry about it! I would not give it a second thought.

      • 290inca

        We are more concerned because it is in San Bernandino County and they are litigation for presence restrictions. Janice, do you have a second to answer this one?

        • Timmr

          I just put aside my ego and called the person responsible for taking down my registration information when I went on a vacation last time. I just feel I should make them work for their living. Get their name and post whatever they tell you here, especially if they tell you something other than you have 5 days. I’m curious how many different interpretations are given for this, and I hope it would help put your mind at ease.

  21. Dr

    I would love to see a study of how many children are killed by there own parents vs any type of sex offende.

  22. Dr

    290inca, arrowhead is a,great place to be. You can stay anywhere as long is it is under 5 days in the same place., thats what I was told.

  23. Traveling to CA

    I’m a registered sex offender residing in another state but I plan to travel there with my family for 1 week next year. How long would I need to be in California on a personal vacation before triggering the requirement to register there? I couldn’t find this defined in your statutes.

    • JM

      Traveling to CA—
      California requires registering after a 5 day visit.
      This information is listed at the top of the site under “legal” using the drop down menu, and going to the overview of states registration requirements.
      Hope this helps.

  24. Erich

    Why am I such a terrible person sudenddenly. Why am I such a sick person suddenly. 6 months ago I was helping people, and making a difference. Doing 1 stupid thing, showing that I’m not perfect, has ruined my life. Do I take those pics, no. Did I post them, no. Did I erase them, yes. But no one cares. Let him be homeless don’t let him have a good job. Make him feel like dirt everyday. My Grandfather survived Nazis, I hope I can survive this.

    • MS

      Things are going to have to get worse before they get better. By worse I mean more and more arrests for possession of CP. Ten years ago arrests for CP were rare and completely shocking. A creepy guy would get arrested after somebody reported him for abuse. Police show up and find that he had taken photos of his victim and kept them as a keepsake. He might have abused many. The guy was arrested and put behind bars for a long time.

      Fast forward to today…
      CP arrests are on the rise. FBI claiming a 2500% increase thanks to programs like EP2P. Those being arrested now aren’t always the creepy guy down the street that has no job and lives with his parents. They are now arresting educated people with good jobs and families. People with no criminal record, church going people, volunteers in the community, well liked by those that know them. Doctors, lawyers, police chiefs, janitors, clergy, etc. The common thread in my opinion…pornography addiction.

      Judge us and call us monsters until the next person arrested for CP happens to be your father, brother, son, or husband. I wouldn’t wish this upon anyone but I think it’s going to have to happen more and more before people are open to trying to understand what pornography addiction can and does lead to.

    • JM

      Enrich—
      No, you are not a terrible person suddenly. Do not let this one act define you as a person. Most people who get caught up in this witch hunt made a bad decision, did something stupid. They come from all walks of life and situations. Some who made a poor decision are punished harshly, some who committed actual crimes get no punishment at all.

      It’s all so crazy. For some, it depends on what place, time, judge, lawyer, advice, etc. Some who committed offenses get lesser charges when taking a plea, some who are not guilty take a plea out of fear, and some who are not guilty take it to trial only to have their charges increased and are convicted.

      You are in the stages of grief. Recognize those stages, work through them and let them pass. They will pass and things will get better, much better. Even though you may feel alone and scared, people do care and there are people fighting to make your life better. When you are better, you will fight too.

  25. erich

    I really am close to suicide. No job prospects, crappy housing prospects. Have to pay therapist, massive depression and no relief in sight. I’m serious.

    • Rob

      Erich –
      Don’t give up, don’t let them win. Contact me directly if you want to talk.
      Send your email and I will respond.

      Rob

    • Harry

      erich, many on this site have been RC for very long time and we’ve had seasons of wanting to give-up or to end it all. However, things are changing and there is hope.

      • erich

        Thx. I just registered and have so much anxiety about my future. I have no problem admitting what I did was wrong and my therapist says that is good to express. But the shame caused by people’s reaction is almost too much.

    • MS

      Erich,

      Anybody that has been in your shoes (arrested for possession of CP) can undoubtedly relate to what you are feeling (thoughts of suicide, depression, hopelessness, etc.). Like Rob said, “Don’t give up, don’t let them win”. Fight this will everything you have. Fight not just for yourself but fight for those around you that are standing by you, that love you and need you. Think of the void that would be left behind in their lives & hearts if you were suddenly gone. When you don’t feel like you have the strength, look to your family, your friends, God.

      Understand that the people that will judge and/or hate you…they mean NOTHING! If there have been people that have turned their back on you after this…say “good riddance”. Let those that will judge you…be judged themselves (by someone else) when their time comes.

      Not only can you make it through this but there will be positive things things that come from it. Look around at the people that are still in your camp, those that have stuck by you, and remind yourself that it’s people like them that make life worth living. Make it through this so that when those same people might need grace…you can and will be there to extend it. “Pay it forward” so to speak.

      Don’t give up!

    • David Kennerly

      Stop being angry with yourself. Start being angry with those who conspire to destroy you. It is considered to be somewhat retrograde to use anger as a survival strategy but, sometimes, it is the only appropriate response to grave injustice.

      These are cruel and unjust laws. Question the integrity of any who propagate and defend them.

      Try to channel your unhappiness into challenging these terrible laws. Know that there are others like you who can use your help in doing so and will be desperately sad were you to kill yourself. We need you!

  26. erich

    Thx everyone for replying. I guess I’m not alone.

    • Harry

      Erich, Like you are 800,000+ not alone. The thing that is most important, is do everything you need to keep from re-offending. You will need to treat every kid and porn like Ebloa. They are the most deadiless, to you. I know you can do it.

    • Timmr

      You know, I have been on the suicide roller coaster ever since my conviction 15 years ago. The downs get fewer and less severe over time. Be thankful you had no physical offense and with a person that was close to you like I did. That really makes me doubt I should be alive, sometimes. But, you know, other people I respected didn’t want me to die for it and thought I was redeemable, so I listened to them and didn’t let one act define my whole life. The others who say otherwise I now consider too stupid or evil to die for. So now, if I am down, usually it is about money, I get help from someone, and try something new and focus on the present. I still have a hard time taking risks, but one needs to do that to get out of where you are. Being self employed does help, because you only have to answer to yourself, not some idiot boss. OK, sorry, it’s not about me. We’re all trying to find our own wisdom. All different, but all expected to carry this leaden weight of shame. I really doesn’t make you a better person carrying it or right any wrong from the past. So try to put it down for at least a day. If you are living near San Diego and if you have some skills I could use, I would hire you. You sound like a good guy.

  27. Ron

    We all know how you feel. When I was convicted of CP 15 years ago, I was lucky enough to not receive jail time and I was not placed on the public internet list. But since late 2010, I was unexpectedly added to the public web site and everything my life changed. I lost my job, lost my girlfriend, lost most of my friends, get treated badly or outright banishment from some local businesses and I have received threats of physical violence against me. Every day is a struggle just to get out of bed or to find find the courage to go into the public for food shopping and other errands. I think suicide is what the public wants from us. Each day it does get better and some days will be worse. But with the help of this web site, Janice and all the others here supporting our constitutional rights, it literally gives me enough hope that things will get better for us in the next few years. I hope everyone at CARSOL realizes how grateful we are for their service, the hope they provide us and the lives that have been saved by providing us “HOPE”.

    • MS

      In honor of Thanksgiving I think Janice & team deserve a monumental thank you from all RSOs. A thanks for giving us all a level of hope that wouldn’t and couldn’t exist without your hard work, dedication, compassion, and conviction. May you all be blessed for the grace you have bestowed upon thousands through your efforts.

  28. MS

    Ron,

    Have you looked into a COR? Are you eligible? Of course another factor…do you have the $$ for a good lawyer? Once upon a time petitioning for a COR was an option 10 years after conviction. Of course there were certain conditions that had to met. If you are granted a COR you are on your way to putting the 290 registration and Megan’s Law behind you.

    • Ron

      Don’t you still need a pardon from the Governor after you receive a COR in order to stop registering? Does a COR get you off the public list? I haven’t heard of much luck in getting a pardon issued.

      • MS

        When my lawyer was talking to me about it he made it sound like the COR and pardon were two different things. He said that when the time came for me to attempt a COR they would also submit the paperwork for a pardon just for the heck of it. He said the pardon most likely wouldn’t happen but the COR had a good chance. From what I have read a successful COR gets you out of registering and off Megan’s Law site. Of course things are constantly changing so consult somebody that is up on the laws.

        • Joe

          A Certificate of Rehabilitation is a multi-step process, is granted by a judge and may relieve a very few of 290 registration after a lengthy period of living offense free. These are typically low-level offenders / misdemeanors. A Pardon is single application to the Governor and will relieve any 290 registrant of registration. To my knowledge no 290 registrant (with a regular request or via COR) has ever received a full out pardon (murderers have but that is beside the point).

          How they are related is that a granted COR is an automatic request for Pardon being sent to the Governor. A COR is not necessary to apply for a pardon. Anyone can request one. Neither avenue has ever resulted in a Governor’s pardon.

          Review the COR information on this web site. Everything you should need is in the FAQ, #10 and under Resources -> Certificate of Rehabilitation.

          There are some things to keep in mind which makes this approach useless to most.

          PC 4852.01 lists those offenses who are categorically ineligible to apply for a COR.

          PC 290.5 lists the offenses for which registration is not terminated even with the receipt of a COR. You may get the conviction dismissed / expunged, be granted a COR and still not be relieved of registration. Note that some felonies may be reduced to misdemeanors under PC 17(b) if the sentence did not include a term in state prison. This comes into play for the offenses that say “…if the offense was a felony”.

          PC 1203.4 lists the offenses which are not eligible for an expungement. Since an expungement (dismissal) of the charges is the first required step on the road to the COR, that is tantamount to not being eligible for the COR.

          It looks like CP offenses were added to offenses ineligible for dismissal / expungement under 1203.4 due to AB 20 last summer. Did anyone even have this on their radar? That affects a boatload of people.

          http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB20

          So unless your conviction was already expunged, looks like a COR is not an option with a CP offense as the first step (expungement / dismissal) is not possible. Not sure what happens to those who have had their convictions expunged previous to CP offenses being added to the excluded list in 1203.4. Retroactivity is not a problem in this arena as we all know that none of this is punishment 🙂

          I am not a lawyer. All information and pertinent links can be found on this site. Good luck.

        • JBCal

          Joe:

          Good summary and matches what my attorney understands. You’re right on the recent ‘for life’ exclusion on CP.

          However, based on a likely positive Cal Supreme Court re-decision on Hofsheier, I would have an attorney challenge the lifetime registration requirements on equal protection grounds if the offense picture involved a teen. How can unlawful intercourse with a minor not be a registered offense but looking at a photo of that same person would be registration for life. Certainly not a greater crime.

          Decision should be around Feb 3, 2015; Johnson v DOJ, S209167

        • Joe

          Yeah, you would think. But not so. Lookie here

          http://reason.com/archives/2011/02/28/you-can-have-sex-with-them-jus

          http://reason.com/assets/db/12986638663293.pdf

          Actual sex completely legal, photos thereof – at the ‘victim’s’ initiative, mind you – gets you 15 years in prison. And that is federal, with no parole.

          Kinda leaves you speechless…

  29. MS

    RSOL,

    Subject: AB20 (assembly bill)

    Is there anything that can be done to try to undo the changes in expungement law that AB20 put into effect almost a year ago? Petitions, lawsuits, write nice letters to politicians, etc?

    Is it fair that expungement isn’t an option for those convicted of CP possession? What is the intent of this change in law? To make the public safe? To prevent anyone convicted of a CP offense from ever working again? What is their logic? Their argument?

    I was arrested for possessing 3 illegal files. I wasn’t producing it.

  30. Timmr

    I need a laborer and someone who knows how to do landscape construction. Also I could use someone who knows how to build and manage a web site that can get customers.

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