General Comments October 2015

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

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I hope everyone has an uneventful month (referring to anything registrant related).

It’s kind of nice not having anything in the news regarding any new CA 290 laws. Everything posted on this site is dealing with things from out of state. Although it doesn’t effect us directly, some articles show that there are slight shifts that things may be changing in our favor. The out of state cases also provide some precedence to any new laws created here or elsewhere. As much as I love and respect Janice and everyone at CA RSOL, I hope one day we will no longer need their services.

These bills need our opposition voice:
https://popvox.com/bills/us/114/s993
https://popvox.com/bills/us/114/hr1854

They are generally good bills but they specifically exclude sex offenders.

Double A, thank you for your optimism.
(I see the news posts here today and my only thought is, “J*C*, this sh#t never ends! More laws, more restictions, more regulations and more punishment every day!”)
But, thank God, we have CA RSOL and Janice fighting for us!! Count our blessings!

hey, i have a general comment-type question:
Has anyone here had any success with the 1203.3, 17b, 1203.4 process? I’m coming up on the half-way point for prob (non-contact offense, non-cp, single count felony, no jail, 5-yr formal prob), and I’m contemplating going to court to take a swing at this. I’d love to hear if anyone has gone through the process and how it went. Did you try all three at one shot? break it up into two or three hearings?

Thanks in advance for any advice offered!
Keep fighting, all 🙂

I am curious about early termination as well. Has anyone ever succeeded in Orange County? Also, it was never really mentioned how long the court ordered therapy is. When we first received a list of therapists to consider, I called around, and the first one told me the classes run 52 weeks. Does that differ, depending on which therapist you choose? We went with a different one, but it seems everyone in his class is there for the duration of probation. Thanks for any input on this.

So, does the therapist decide on the amount of sessions? Should that be in writing? We were just never told anything about the length of therapy, and I am guessing, it will be the entire length of probation. We might just ask to see what he says.

Tis the season when law enforcement trots along the media in an effort to justify their role, and ensure continuing funding, for “sex offender registration and compliance” regimes. With headline-inducing names, such as “Operation Boo”, reporters and camerapersons will spend an afternoon riding along with police officers as they knock on the doors of registered citizens, and puff out their chests to show just how hard they work to protect children from someone who, obviously, spends their entire day plotting the next abduction. Yes, without these police officers standing between YOUR child, and the person whose door they just knocked on, children would never be safe again. Let’s all thank God for these guardians of peace, and keep the money coming so that they can continue doing their jobs.

If you didn’t pick up on it, there was just a bit of sarcasm in my last paragraph. Unfortunately, it was mostly true. Yes, police officers will spend entire afternoons harassing persons with, in some cases, decades old convictions. Yes, reporters will be right there to capture the event and, yes, such events will have ridiculous names like Operation Boo. And, yes, the entire point is for the police to show just how hard they work for the funding they receive.

What’s not true, however, is that registered citizens spend their days plotting and planning their next act. And, without any doubt, there is no truth to there being an increase in abductions on Halloween. While a little outdated, Kristen Anderson, of the National Center for Missing and Exploited Children, stated on October 29th, 2008 to USA Today, that “…the center knows of no child abducted by a stranger while trick-or-treating in the past five years.” Perhaps that quote could be refreshed with a quick call to Mrs. Anderson however, I’m betting my next paycheck that not much has changed.

I highly encourage you to not participate in this charade. Remember, if you’re not on parole or probation, you have absolutely no obligation to answer the door if the ghost comes knocking. If you do choose to answer, be armed with facts, and spend the time focused on more pressing needs, such as ensuring the reporter actually HAS those facts! Something else I might try this year: correcting the stories via the reporter. Believe it or not, it’s actually quite easy to contact reporters! In fact, most times, the contact info is included at the top, or bottom, of their story. It could be their email address, their Twitter name, or their Facebook profile. Whatever the means, don’t allow stinky bologna to be posted without being challenged. If you see doo doo, clean it up with a little fact checking provided to the reporter.

That’s my two cents!

I have a question for you folks, I hope you can help. My friend is on probation with a 311 charge, and has a severe computer restriction. Most of his resume is his computer skills. On probation, if you don’t have a job or are in school, you get violated. School is not really an option for him right now (at least not until next spring) and his aid eligibility is running out. He’s been having a very hard time finding a job, not only because of his criminal charge, but because the computer restriction is so bad he can’t even submit applications and consent to background checks, which many employers do online ONLY. We’ve been trying the old school way, but even then it’s so hard to find anything he can do, because of his hurt back and eyesight defect. Do you have any suggestions about what he could do? I don’t want him to have to go back to jail for this stupid reason. 🙁

I work 9-5 6 days a week. Ithe barely covers living cost, so I got a roommate in a one bedroom and I sleep on couch. I’m trying to build my train business back up and have 1 client 3x week, once on Sunday. Thid makes enough money to live and pay $450 a month for therapy. I have to rush to make 2 12 step mtgs each week and go to an AA mtg even though I don’t drink. Now my therapist says he doesn’t think I trying hard enough. He keeps Changing the day of our mtg. How can I get through this. Someone please tell me. He even threatens to drop me if I don’t start trying more. I can’t win this game.

See this story posted today on CNN’s website:
CNN: Why Mark Zuckerberg is hanging out in San Quentin
http://money.cnn.com/2015/10/14/technology/mark-zuckerberg-san-quentin/index.html

Look at their terms of service:
https://www.facebook.com/terms.php

Under section 4, item 6:
You will not use Facebook if you are a convicted sex offender.

And that’s right under “You will not use Facebook if you are under 13.”

So if this guy is all for criminal justice reform you might point out that not only is it a violation of terms for kids under 13 to use it but he is banning those convicted of any sex offenses from using Facebook.

Those of you with Facebook accounts — can you reach out to Zuckerberg and ask him why anyone convicted of a sex offense is banned from using Facebook if he is all for criminal justice reform? Point out valid reasons for using Facebook and alternative methods of dealing with people that want to use Facebook to commit future offenses. Point out that not all offenses were related to use of the internet.

All those who are here because the State of California contends that a, any person under 18 is too immature to be able to consent to voluntary sexual conduct should be relieved to know that the California Supreme Court finds that a mentally challenged 10-year old boy has the intellectual capacity to competently waive his Miranda Rights when being questioned.

http://www.latimes.com/local/lanow/la-me-ln-child-miranda-right-20151016-story.html

We have to realize that these laws represent unfettered Cyber-Bullying of registrants. This is done by both by government agencies and by private enterprise.

These laws, for the most part, constitute conspiracy to violate the constitutional rights of registrants.

Just sayin’…

Just did my annual price club membership renewal. Wore a tie this time.

Zach Anderson will apparently avoid the sex offender registry. It’s really not right. He should be on the registry. He got off because he had a great public relations campaign and he got the judge to go outside of the law to get him off the registry. The real answer is to change the laws.

There are two key points that need to be changed. First, the concept that the registry is not punishment as it is no more consequential than filling out a Price Club application is a) clearly false; b) the foundation for all of the horrible consequences of being on the registry. If exceptions are carved out based on a public relations campaign, then the original sin is never addressed.

Second, the 14 year old girl did not give consent because she could not give consent. Once again, we have a hard and fast rule that is bent under the pressure of the public outcry over a particular case. There is real harm done to young people regarding sex. And there are many young people who are duped into having sex when they don’t really understand what’s going on. But to just have sharp lines drawn for everyone (except for those who mount a great PR campaign) is just wrong. I think there should be a crime for non-consent and another crime for consent. And in both cases, judges should be given a wide range of options so that the various circumstances can be taken into account.

For those of us looking to live in a country that has more lenient laws or fairly new ones, I propose we plead our case to that country and to hell with the U.S. for example, if I were to find 6 other people wanting to move or visit Thailand, we could as a group hire a Thai immigration lawyer and plead our case as one person as well submit individual letters to accompany that, explaining why we are not a danger but contribute to the welfare of our family and friends in that country. It might take some doing, but I for one am willing to try. I only have hope right now, but that’s how good things get come about. Any suggestions would be welcome. Please don’t comment if you are just going to knock my idea.

Thanks.

Does anyone in Ca. Know if Medical covers cost of mandated therapy. They say the cover mental health costs. My therapy is expensive.

Thanks

This is a very interesting case that apparently was scheduled for conference in the US Supreme Court last week:
http://www.scotusblog.com/case-files/cases/nichols-v-united-states/

This is a story about two men convicted of sex offenses before the enactment of SORNA but were required to registered. Both flew out of Kansas City to a foreign country and did not update their registrations in the jurisdictions they left. Each man was prosecuted in a different US circuit and different conclusions were reached — one found that failure to update registration does not violate SORNA and the other one did.

I just heard that the UK has a “Kill List” a la the United States, and according to the attorney representing detainees at Guantanamo, the list includes Pedophiles, which in the UK parlance I think means those suspected of sex crimes against legally defined minors, not the medical definition. The UK government denies even having a kill list, but if this is true, they are expanding the extra judiciary death sentence to those who are not specifically suspected of planning an attack on the home country. Has anyone heard of this? I have found one article through Google search about a soldier in Afghanistan claiming that, among others, the list includes child rapists.

Its time to talk about sex. Though not sex itself or any particular sexual activity, but the perception of sex in these United States of America. Month after month and article after article all sorts of things come up except the impact sexual perception has on everyone.

As a virgin I perceive sexual matters differently than those who have any experiences. Within the legal context whole behavior ranges are seen as illegal. People’s lives can be ruined by the perception that they did something sexually illegal and the so called justice system has an automatic tendency to mostly support an alleged victim. In fact the very presence of victim impact

Renewed my Price Club membership this morning. Historically, this has always been a 10 minute process. In my life, I have registered at three different police departments and, regardless of the department, it’s a 10 minute process. Typically, I call a few weeks in advance and schedule my update. On the day and time I’m scheduled to update, I show up, sign the documents, and I’m on my way.

This morning, the process took a little over two hours. I showed up at the scheduled time, handed my ID to the detective, and he disappeared. Two hours later, he reappeared with my paperwork, which I signed, and was then back on my way. Time spent with him was, maybe, 5 minutes. Time spent WAITING on him was two hours. At some point, this MUST cross the line into being an illegal detention, right? Police can only hold you as long as is necessary to accomplish the task and, if history says it’s a 5-10 minute process, then two hours certainly violates this doctrine. And, without any doubt, no one in their right mind would ever think that they are free to leave. To begin, the officer has my driver’s license. Second, if I leave without completing the process, I’m subject to arrest as I will be noncompliant. So, if I’m not free to leave, and the officer takes two hours to complete a 5 minute process, I’ve gotta think that my rights were violated.

Either way, at least I’m good for another 12 months. Happy birthday to me!

What struggle? It would all be cleared up if they read the Constitution and the Bill of Rights, then applied what they learned. Problem solved. Justice restored.

Newsflash: There is no right way to do the wrong thing!

Got a call Thursday morning from my local Sheriff’s office to “come down” and sign a form per DOJ’s request. I was assured it would only take 10 minutes. Great way to start your day. So I go down and they didn’t lie or try to trick me, it was the standard registration form I have to sign every year. I signed and initialed all the provisions then asked the detective if he would like to hear the death threat message on my phone…he said no, but I should report it. I told him I reported it but the Sheriff’s office took no action, just like when my tires got slashed twice and my garage windows were shot out and my house vandalized…no action taken. I asked him if he could possibly look into that for me. Hmmm, no action taken. I then asked him that since I just signed a form that I have to sign next month, do I still have to come down for my annual, knowing that I would. He was polite, cordial and to the point as was I, however, he is law enforcement and cannot be trusted. Sad, very sad.

@MCH
You should go back to the sheriff’s office and find the same detective. Bring with any documentation of incidents shuch as photos taken of the incidents you are describing. If you have any. Start documentation if they continue. And confront that detective WITH anotger detective as witnessing. Bring a voice recorder. And tell them you are recording. Do research. And cite statue. XYZ that compels them to investigate. Reported crimes . Tell them if they dont start an investigation. And another incident. Happens After that confrontation then you will seek legal action against them personally to be liable for damages. And or report them to IA for failing to tdo thier job. Remember them personally,not just the department. If they give you crap or say you cant record. You can. Then tell them you will report. Harrassment.Sorry. i did this on my phone so the grammar. Is off.

http://www.huffingtonpost.com/entry/hundreds-of-cops-kicked-off-force-for-committing-sex-crimes_5636133ae4b063179912afba

This AP article talks about the thousands of law enforcement officers who commit sex offenses. It seems that no one keeps track of the numbers, just as no one keep track of the number of sex offenders who commit new sex offenses. My guess is that more law enforcement officers commit sex offenses than sex offenders. That’s only a guess.

If you want to maintain a narrative that law enforcement is good and just and honest and that sex offenders are predators waiting to attack, the last thing you want to do is maintain statistics that might contradict the narrative.