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General News

HALLOWEEN SEX OFFENDER LAW HEARING TO BE HELD OCT 26 [UPDATED 10/26 5pm]

CDCR Withdraws Halloween Sign Requirement Statewide –  more details to follow.

First Media Reports:

Decision made over requirement that paroled sex offenders post signs on Halloween (10News)
Sex Offenders on Parole Will Not Have to Post Signs on Door: Dept. of Corrections NBC
Sex offenders not required to post signs on Halloween CBS
No door signs required for parolees on Halloween   Union Tribune

For Release October 26 -The Southern District of California will conduct a hearing today regarding whether to grant a Temporary Restraining Order (TRO) that would halt a California Department of Corrections and Rehabilitation (CDCR) requirement that sex offender parolees post a sign on the front door of their homes on Halloween. The hearing will be held at 2 p.m. in Courtroom 5D before Judge Jeffrey T. Miller.

“CDCR’s sign requirement is a solution without a problem,” stated attorney Janice Bellucci. “There are no reported cases of a child being sexually assaulted by a sex offender on Halloween while trick or treating.”

The Halloween sign requirement is part of CDCR’s annual Operation Boo which also prohibits sex offender parolees from opening their front door to trick-or-treaters and decorating their homes for the holiday. In addition, Operation Boo requires parolee sex offenders to have no outside lights at their home and to remain in their homes from 5 p.m. to 5 a.m. These requirements are not challenged.

“Several million public taxpayer dollars are being wasted by CDCR in its efforts to enforce Operation Boo,” stated Bellucci. “In addition, CDCR’s requirement to post a sign places in significant danger all sex offender parolees and members of their families.”

The lawsuit was filed on October 14, 2015, on behalf of plaintiff John Doe who lives in San Diego County and is required to register as a sex offender because he was convicted of a sex offense more than 30 years ago. Doe has not committed a subsequent sex offense, is not listed on the California Megan’s Law website and is currently on parole due to conviction for a drug offense.

The lawsuit was amended on October 19, 2015, on behalf of plaintiff James Roe who lives in Los Angeles County and is required to register as a sex offender due to his conviction of a sex offense in 2000. He has not committed a subsequent sex offense and is not listed on the California Megan’s Law website. He is currently on parole due to the requirements of an interstate compact under which he transferred from the state of his conviction to California in order to live near family members.

The TRO application was filed on October 22, 2015, and requests that CDCR’s sign requirement be halted statewide.

 

###

FOR IMMEDIATE RELEASE: October 26, 2015

CONTACT:
California Reform Sex Offender Laws
ACLU Building, 1313 W. 8th Street
Los Angeles, CA 90017
(503) 707-5200

Join the discussion

  1. G4Change

    God Bless you, Janice, and all tomorrow in court! I hope this TRO is granted. No government should ever be allowed to force speech among its citizens.

    • G4Change

      UPDATED: Congratulations, Janice et al, for preserving yet another constitutional right for ALL citizens! We are blessed that you and this organization have our backs!!!

  2. Forsaken

    It’s still a shame that the laws prohibit participating in any way, especially considering the lack of empirical evidence that it protects anyone. What of those who have children? You know, I honestly don’t even know if it only applies to parolees?

    I am no longer on parole, and haven’t been for five years. It’s been nearly 14 since my conviction. I have a 16 year-old son I missed out on participating with, and an 8 year-old daughter I am now missing out on. In years past I have carved pumpkins for family, because I enjoy the creativity of detailed artwork that has become more popular. But I own a house now, and it’s frustrating that I can’t decorate it at all… (At least I think I can’t).

  3. Nicholas Maietta

    Del Norte County’s probation department is also enforcing halloween restrictions:

    I’m sure that CDCR is also.

    … “Around this time of year my department always sends a notice to sex-offenders on the books, reminding them that Halloween is coming up,” said Lonnie Reyman, chief probation officer, “‘Don’t turn your lights on, don’t open your house,’ we tell them.” …

    David Grieder, T. T.
    David Grieder, T. (2015). Triplicate. triplicate.com. Retrieved 26 October 2015, from http://www.triplicate.com/News/Local-News/Lunch-with-the-Law-tackles-precautions-for-holidays

  4. Justfortoday

    @ Forsaken

    I recently discharged my number at the beginning of September of this year. I live in Santa Clara County. I specifically asked how I will be affected by Halloween. “Operation Boo” is only for Parolees. I plan on going with my boyfriend’s nephews while they trick or treat. I would check your local ordinances to make sure there are no specific rules regarding the participation or decoration of Halloween. No matter what, carve the crap outta that pumpkin! Good luck!

    • Forsaken

      That’s good to know! I will definitely check. Anyone around the Covina / West Covina area know of any ordinances for those areas?

  5. David

    Best wishes to Janice et al!
    Fingers crossed for a TRO TKO!

  6. Jon

    The San Diego Child Dependency Court along with CPS have kidnapped our daughter Danica for no reason other than I am a registered citizen. On December 17th, they are ready to strip me and my wife of our parental rights and adopt our daughter to the foster mom. We have done every visit, every class and requirement put before us, and the court is taking my wife’s parental rights because she wouldnt divorce me. They stole our daughter in may of last year, and she will turn two on January 27th. Neither one of us have family in the area, so they have given her to a stranger who has already filed to become the defacto parent and was granted. I see our hopes and options circling the drain and I dont know what to do anymore. I have hired a paid attorney, presented not one, but two psych reviews showing that I am of absolutely no danger to my daughter. It seems though that our efforts have been in vain and our arguments fall upon deaf ears.

    I am hear partially to vent, but also to listen. I am here to listen to any suggestions or similar stories you might have, and to learn. I have been all over the city and the internet pleading my case, but it seems as though this is purely my fight and no one is stepping up to help. For anyone that is curious, the law that they are using against us is found here.

    http://law.onecle.com/california/family/3030.html

    It truely is a frightening read for any registered citizen who has or is thinking of having a family. Educate yourself and be careful, it is hard to believe that our rights could be so violated by the law as to deny us our one most basic human right… to have a family. Be forewarned, that the state and cps can step in and lay this law upon your family for no reason at all. Anyone with questions or advice can contact me at XSJensen@gmail.com To thoes of you who reach this part, thank for the read… Good luck to all of you in our never ending fight, stay strong.

    • steve

      You need to get yourself a family court lawyer. I lost all rights for a total of a week until I got a lawyer and fought those a$$es at children’s court. I can’t remember my lawyer’s names (it’s been20 years) but you need to get one ASAP.

      • Jon

        I have one, Ive already invested $10,000 on him and this is where its gotten me. I would love his name and number if you are able to locate it. Thanks for the response, its nice to know we arent alone in this.

        • steve

          I looked all over last night to try and find but no look. Searched google.. no luck. Sorry. If I can help let me know.

  7. Sixcrowes

    Whoo hoo! Way to fight the good fight Janice!!!

  8. MM

    What a great beginning!!!! CONGRATULATIONS ….

  9. Lake County

    Great Job Janice! Another victory for civil rights and the U.S. Constitution. I’ve become so used to you always winning, that I’ve become to expect it. I hope that we all don’t become complacent with our support and take your winning these court cases for granted.

  10. nvmike

    Janice,
    Thank you for doing all that you do to protect Constitutional rights, and by extension, our rights. I don’t live in California, but what you are doing gives hope to all! The debt of gratitude we feel for you being the greatest champion of the causes that mean the most to us and our families is immeasurable, but THANK YOU! May your works for justice ripple across the nation!

  11. Timmr

    Not surprising that the most abusive, divisive, irrational and off the point language occurs on these news sites that limit comments to Face Book users.

  12. LS

    Wow KFI-AM 640 just did a lunchtime piece on Operation Boo and Janice’s successful efforts in doing away with sign on the front door requirement. Reporter Steve Gregory further expanded on Attorney Janice Bellucci’s continuing efforts to restore and protect all registered citizens rights. Janice was referred to several times during the broadcast. Thank you Janice, for all you do to protect registered citizens!!

  13. Greg Welker

    I just paroled from prison after 10yr 2mo. Have no restrictions as too multimedia, social net works, but have family members of victim which have called in too parole to create problems. I must mention that it was a family related case, but i retained writing rights to my two other children through the family courts. Now my son is almost 19yrs old and through my brother. Found that over the years he received none of my letters, cards or anything. Parole seems to not care that he is now of age nor that the family now are using the parole authority to deny me my legal parental rights which the family court did take it account the criminal act prior too the order allowing me communication.

    • Lake County

      So glad you’re out of prison. However parole will give you just enough room to get a violation, so be very careful. I would suggest that you not use your real full name on here as anyone including law enforcement can read your posts. You do not need to use your real name on this web site, so I suggest you don’t, especially while on parole. In the future, pick a name that will not identify yourself. And wow, that really sucks that you have family against you. That can make your life much harder as you know. As far as your 19 year old son, perhaps you can speak to the public defenders office for help. There is no legal reason for them to restrict you from him unless he requested no contact directly through your PO. Best of luck to you and keep coming back here to learn about the issues of being a registered citizen. Most of all, remember they will search your home and computer for anything they consider a violation. That can include innocent photos, candy, toys, anything related to children. I was questioned for just having Halloween candy in my home that I only purchased because it was on sale the day after Halloween.

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