General Comments September 2015

Comments that are not specific to a certain post should go here, for the month of September 2015. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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Introduced by Senator Pavley
Heard on August 31, 2015

An act to amend Section 6603 of the Welfare and Institutions Code, relating to sexually violent predators.

SB 507, as amended, Pavley. Sexually violent predators.

I just found this on the Senate Appropriations list. I hadn’t heard of this one before, did we miss it? Is it important? I didn’t hear if this was approved or not. Anyone have any info on this bill?

Janice, please help!

Hello, I need some help when applying for Megan’s Law website when it comes to a 311.11 conviction. When filling out the form, I’m clearly eligible through this option:

****

Felony conviction of PC section 311.1, section 311.2 subsection (b), (c), or (d), or section 311.3, 311.4, 311.10, or 311.11.

Submit a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.

****

It is the last part that confuses me somewhat and in my case (almost 5 years ago, completed 3 years of probation successfully without incident). I’ve looked at all paperwork, and I can’t find ANYTHING that mentions age whatsoever. My case revolved around one file that I downloaded and deleted, then lo-and behold, 4-5 months later, I get a knock on the door.

I should be eligible for exclusion, but I don’t know what I need specifically to satisfy them. I first sent a form when I was still in probation, but it was rejected and informed I needed to submit documentation from probation officer….well that wasn’t gonna happen because he was…less than enthusiastic about ANY support.

So here I am at this point. Janice, or anyone with Legal insight, please help! I know you are busy fighting the good fight and I am eternally grateful. If it weren’t for discovering this site, I may be in a VERY different state of being today.

I went in last week to register at the college I am currently attending. The detective handling the registrants was very polite and empathetic. People who know me would agree that I am very candid and outspoken. The detective listened and responded respectfully to everything I said. I was telling him about Janice and the prospect of having a tiered registry. I was asking how many registrants are currently at the college, but I answered for him saying “you probably can’t share that with me.” He said, “just put it this way you aren’t the only one.” I wish all people not just those in positions of power were as polite as this officer.

Halloween is around the corner. I’ve been off probation/parole (officially it was parole but because of AB 109 it was probation) for one year. I had one Halloween while on probation and one Halloween off probation. I treated last Halloween like I was still on probation. What is required of registrants on Halloween?

So I was going to celebrate my 7 months of employment at the warehouse has a equipment operator and loader night shift.. … until I got called into HR and was informed they need to do a background check on me… gave me some papers to sign… I quickly went to the manager’s office and talked to him, he said he can’t do anything about it and said he keeps a separate file on people who actually told him his crimes and just compares it to the background check… He showed me his file on me with his handwritten notes on my crimes and some paperwork, he said if I am honest I got nothing to worry about..
It could be a number of things, some clients would like background checks on people who handle their products or if the rumor is right something happened last month during the morning shift..

I’m worried as shit… why????.. I actually like this job and it pays okay… and no one bothered me… why now… sigh

http://www.rawstory.com/2015/09/texas-man-walks-free-after-alleged-rape-leaves-2-year-old-girl-in-pool-of-blood/

So we live in a country where people who receive, but delete images and videos from their computer automatically can get 5 years imprisonment in federal prison.

In a country where a nineteen year old can join an adult dating app on their phone for hookups with other adults end up unknowingly having sex with a fourteen year old who lied, and getting 25 years on the registry in two states.

In a country where an adult man allegedly paid for sex with sixteen and seventeen year olds. The seventeen year old was legal in the state where the activity occurred. He also had distributed child pornography. His sentence range is expected to be 5 to 12 and a half years if the prosecutors recommendations are followed by the judge.

In a country where a double standard exists between the consequences faced by female teachers vs male teachers who have sexual interactions with their students. Recently a female teacher was given two years (serving time every other weekend) for assaulting a male student. Where other recent cases involving male teachers and female students ended with much longer sentences.

In a country where two of age teens can do almost anything they want sexually provided they both consent and it is not filmed or photographed. Because filming or photographing such things when sixteen or seventeen year olds are involved is child pornography under federal law and many state laws despite most states having an age of consent of sixteen or seventeen with the remainder setting age of consent at eighteen.

In a country where public urination can result in being put on the sex offender registry.

In a country where children are sent to juvenile detention programs for sex play with other children and then forced to register. Which in some instances means kids who are playing around with other kids and no one involved has any realistic concept of sexual activity other than what adults decided to communicate afterwards leaving the kids confused, ashamed, and probably more damaged than they would have been if matters were handled in a more age/developmentally appropriate manner.

Yet a man in Texas supposedly rapes or at least brutally assaults a two year old, gets ten years probation and no registration requirements? Typically this sort of story doesn’t get attention from activists trying to reform sex offense laws, but of all the discrepancies throughout this country regarding offenses deemed sexual offenses and their potential consequences sometimes its the more difficult cases that ought to be reminders for why reform is so important.

I would like to have the filing instruction, again on the ‘Request for Live Scan Service’ that was mentioned at the August 28, Berkeley Meeting. It was hard for me to hear all the information.

Anyone seen this?

http://openjustice.doj.ca.gov/

I am now hearing a lot in the media on Prop 47 not being thought through well before voters voted to pass it. I know one way to improve it would be to include registrants to be able to utilize it. Registrants reoffense rate is under 1%. Including registrants in those who would benefit from Prop 47 would improve the numbers on recidivism of those who Prop 47 was applied to. As well as reducing prison population.

I was just curious if anyone here had any knowledge of how background checks work in general. In my case, I was taken off the registry earlier this summer in my state, so that part shouldn’t be an issue. I’ve been reading that companies usually only pay to see the last 7 years, but can go further.

My conviction was a little over 10 years ago, so assuming that the average company does the 7 year check, would I be in the clear? I was curious in that last night I decided to go to the the website of the county that I was convicted in and I was there for everyone to see (at least all of my court appearances). I was unclear if when a company runs a BG check, if the 3rd party running it, intentionally leaves anything over 7 years off? I was just wondering if it was really easy for me to find it (for free for that matter) how will a company not see it?

I am well educated and have some experience basically doing data analysis before my conviction, so I was wondering if it even worth it trying to get back into the field. I’m almost positive any company that I would be interested in would do a BG check.

Thanks for any insights.

This story is incredible…

http://reason.com/blog/2015/09/02/teen-boy-will-be-charged-as-adult-for-ha

If this prosecution is successful then masturbation during childhood can be considered child molestation and should likewise be prosecuted for EVERY individual who did it (the prosecutor included). However, even though it can be construed as an illegal activity, it is considered by most to be normal and healthy thing. Sexting, consensual sex between minors, etc. is not considered (at least by politicians and the justice system) to be normal or healthy. Thus, our government once again attempts to legislate morality upon us. When will a judge stand up for common sense?

Just a reminder to wear a tie when you go in for your mug shot..

Is anyone else tired of playing defense? I think it would be awesome if we all decided to go on the offense. It’s time we get all of our civil rights back and deter any politician from benefiting from the fear and ignorance of the public.

Just finished reading the 4th story this week regarding a teacher being arrested for sex offenses. That’s 4 individual teachers just this week alone!

Meanwhile, not a single story regarding any registered citizens being arrested.

But here we are, taking the heat for non-registered citizens committing crimes.

I am presently on parole I have been told that I can not personally look at myself on the Megan’s law website . What is the reason for this ? Everybody else can look at it but not me . How can they enforce this ? What is the penalty for looking ? Have they ever busted anybody over this ?

I’m currently on parole and living at a motel. I’m barely breaking even with work. Does anyone know of any places in the greater Los Angeles I can apply to live at? I can afford up to $1200/month.

@ Catch 22

Obviously, I think the registry is ridiculous, but I do have a personal experience I would like to share with you.

I am a female offender on Parole (FYI…I get off Parole on Friday September 11th!!). I went to the Parole Office to check in and found one man waiting in the lobby.

I am a friendly person and usually causally chat with whoever is there. He had just got out of prison. We discussed being on Parole and having an ankle monitor. I am also a recovering alcoholic and expressed my joy of being an AA member.

Nothing more. Very general.

I said goodbye when my Parole Agent was ready to see me. No harm, no foul.

About a week later, I received a letter addressed to me with a man’s address and name at the top. (Why would you put your name and address?)

I had no idea who he was. This man asked about my ankle monitor in the note and I immediately knew who it was.

At first, I thought it was harmless. It honestly didn’t occur to be to be upset. Or sadly, think of how he got my name and address. Ugh!

Then another letter came. I did not open it.

I discussed this with my Parole Therapist. She said I needed to tell my Agent and that it was a violation of my privacy (among other things).

Long story short…he saw my name on the sign in sheet at the Parole Office. He went to the Megan’s Law website to find where I lived (all information told to me by my Agent).

Moral of the tale: I should have known better than to talk with someone fresh out of Prison. The “r” in cdcr does not exist. How could I have expected this man to have healthy boundaries and tools?

Honestly, I wish him well. Parole is a trip!

I know his Agent talked with him. That was it. No violation which I am grateful for.

So…if that made sense. Weirdly, that might be a reason why.

I remember being kind of upset that I could not attend the group therapy sessions. But my therapist said, as a woman, I would be a target and could become a victim.

Now, I was also able to take away from this how uncomfortable it is to feel unsafe. This man had the control and did not ask my permission to write me or even to know my name.

Through this experience, I was able to identify with my victim and learn to understand why I know and feel what I did was wrong, not just based on what the Penal Code said.

I wish all Citizens and their families the best!

Can any of you provide advice/personal experience on what it might take for me to find employment and a place to live somewhere in the SF Bay area? I’m a software engineer currently employed as a contractor in another state and would be looking for contract work in California as I think any background check would exclude me from working full-time for any companies. If you are a person with a technical degree I’m curious how difficult finding employment has been for you and if the statewide residence restriction has affected you in any way. Are the police departments in your area enforcing the “statewide” residence restriction in any way? Please share your experience. I would be looking to rent a 2 bedroom house or apartment in the SF Bay area. I am not on probation/parole but would definitely need to register in California after moving there.

Senate Bill 448 is scheduled to be heard by the Public Safety Committee in the Assembly on Friday, September 11. It is important that we all make calls to that committee starting at 8:30 a.m. and continue doing so until the bill is heard. The phone number is 916-319-3744. Please call early and often!

News from the Bay Area: So those 3 officers out of Santa Clara County Jail are being charged with murder of an inmate and assault of another inmate. The latter is a registered citizen. He is in jail for what else? Missing his annual registration. And to think, this is what all registered citizens risk for not registering within the already tight time constraints.

Someone mentioned moving out here for work. Don’t, I repeat DON’T move to Santa Clara county. Move to SF, San Mateo or Santa Cruz counties.

http://www.mercurynews.com/crime-courts/ci_28795581/san-jose-jail-death-inmate-recounts-his-alleged

There may soon be significant news coming from the U.S. Supreme Court. A case from North Carolina has been appealed and could be the case where the court needs to decide again whether sex offender registration is punitive:

http://congress-courts-legislation.blogspot.com/2015/09/alert-former-sex-offenders-case-has.html

Lake County,

I’ve been reading a lot about the fires out there. I hope you’re okay. Prayers to you and yours.

I’m an out-of-state lifetime registered citizen looking to move to California but I’m concerned about being able to find a job and rent an apartment. I’m working closely with an agency that may be able to place me in a contract position that won’t require a background check but I’m concerned about finding an apartment to rent. I was arrested/charged in 2008, convicted in 2010 and served 2 years probation – no jail time. Does the California law on background checks mean that my conviction won’t show up on a commercial background check after 2017 or after 2019?

I am curious who the RSO community likes in the 2016 Presidential race? I tend to be more conservative, but voted for Obama only with the hope that he might appoint more liberal-minded SCOTUS justices and other federal appointees to the bench.

The thought of Shrill Hill in the White House makes me shudder and, as I am a small business owner, the idea of socialist Bernie Sanders does not thrill me either, but I feel we stand a better chance with a more liberal president appointing judges.

Ginsberg, Alito and Kennedy are getting a bit long in the tooth and might just be stepping down during the next president’s term.

Thoughts?

A (presumably) financially-secure registrant in Florida is suing Orlando over their residency restriction law.

http://www.wftv.com/news/news/local/2-sex-offenders-living-near-lake-nona-park-move-af/nngqW/

While this has nothing to do with California directly, I would submit that we contact the attorney handling the case and offer support; more importantly, make sure that the strategies he uses is based upon sound low-recidivism statistics and other constitutional violations. It is very important for this case to be properly and vigorously litigated with the BEST evidence possible, and no matter the outcome, we need to ensure that the State defend their law despite overwhelming evidence that their laws do not provide for the safety they claim residency restrictions provide for.