Senate Appropriations Committee Approves SB 448

In a vote of 7 to 0, the Senate Appropriations Committee approved Senate Bill 448 (SB 448) on August 27 by releasing it from the committee’s suspense file. The next step for the bill is a vote on the floor of the Senate next week (Monday, August 31) where it is expected to pass. After passage in the Senate, the bill will be referred to two committees in the Assembly — Public Safety and Appropriations. “Senate Bill 448 must be stopped,” stated CA RSOL president Janice Bellucci. “Although the bill…

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Collateral damage: Harsh sex offender laws may put whole families at risk

Research says that registries and residency bans leave children of sex offenders vulnerable to bullying, homelessness. When ____ ____, 38, bolts from his desk around 5:30 most weeknights, he’s up against his most important deadline of the day. ____ is an audiovisual editor and social media manager at a Christian television studio in St. Petersburg, Florida. By the time he gets home, he and ____ , his wife of nine years, have just over three hours to make dinner for their three children, squeeze in a half-hour of playtime, get…

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AL: Sex Offender Law Challenged

MONTGOMERY, Ala. (CN) – Sex offenders in Alabama must comply with debilitating restrictions that encompass “virtually every facet of their lives,” eight men claim in a class action. Eight John Doe plaintiffs sued General Luther Strange III and Secretary of the Alabama Law Enforcement Agency John Richardson in Federal Court. The Aug. 20 complaint seeks court relief to prevent application of the Alabama Sex Offender Registration and Community Notification Act, or ASORCNA, claiming the law is unconstitutional. The lawsuit argues that the act violates due process by denying sex offender…

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National RSOL: International Travel Group

If you or someone you know was denied entry into another country as a consequence of registration, we want to hear from you. A new group, supported by RSOL National, is examining the issues related to registered citizens traveling, including the practice of the US Government notifying receiving countries that a registrant is traveling there. A representative of FAC will serve on the board of this new group. We want to make sure that your experiences areincluded in our efforts to enable registrants to travel freely and unmolested. Please send…

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Courts are giving reduced terms to many child-porn defendants

U.S. District Judge James S. Gwin of the Northern District of Ohio polled a jury in February about what jurors thought a suitable sentence would be for ____ ____, a child pornography defendant who was found guilty of having 19 videos and 93 still images on his computer. The jury recommended, on average, a 14-month sentence. Gwin then sentenced ____ to serve five years—longer than the jury recommendation yet significantly shorter than the government’s 20-year recommendation. Full Article

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New CDCR Report Reduces Rate of Re-Offense to Less than 1 Percent

The California Department of Corrections and Rehabilitation (CDCR) has issued a new report that reflects a significantly lower rate of re-offense for registered citizens on parole. The name of the report is “2014 Outcome Evaluation Report“, however, it was issued by the agency’s Office of Research in late July 2015. According to the report, the rate at which a registered citizen on parole commits a new sex offense is .8 percent. This rate is based upon a study of 5,522 registered citizens who returned to prison over a period of…

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How a dubious statistic convinced U.S. courts to approve of indefinite detention [Opinion]

In the 2002 case McKune v. Lile, the Supreme Court upheld a Kansas law that imposed harsher sentences on sex offenders who declined to participate in a prison rehab program. The substance of the Kansas law the court upheld isn’t as important as the language the court used to uphold it. In his opinion, Justice Anthony Kennedy reasoned that they pose “such a frightening and high risk of recidivism” which he wrote “has been estimated to be as high as 80%.” Five year earlier, in Kansas v. Hendricks, the court…

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Judge Denies TRO, Schedules New Hearing on October 1 [updated with media]

An Orange County Superior Court judge denied a temporary restraining order (TRO) requested by Richard Linington, a registered citizen, and Michelle Moreno, his fiancée, during a hearing on August 19 that would have prevented the enforcement of new residency restrictions in the City of Cypress. Also during the hearing, the judge recommended that the City refrain from enforcing the restrictions until an October 1 hearing on a preliminary injunction. “The City of Cypress has an opportunity to maintain the status quo by choosing not to enforce the new ordinance until…

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IN: Suit – Law impedes sex offender’s voting rights

HARTFORD CITY – The American Civil Liberties Union of Indiana on Tuesday filed a federal class action lawsuit on behalf of a Hartford City man concerned that a change in state law might impede his ability to vote. A new law went into effect July 1 that prohibits “serious sex offenders” from entering school property. “One of the consequences of this is that these persons will be prohibited from voting at their designated polling place if it is located on school property,” the ACLU’s suit, filed in U.S. District Court in…

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More fuel for the movement to reform sex offender laws

I’ve written before about the appalling (and unconstitutional) state of our laws regarding prohibitions and restrictions on the activities of convicted sex offenders — restrictions on where they can live, whom they can associate with, the Internet sites they can visit, the jobs they can hold and the places to which they can travel — to which they are subject after they have served whatever sentences were imposed upon them for their crimes. Commenting recently on a decision by the federal district court in Minnesota striking down Minnesota’s egregious post-conviction…

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The system for punishing sex offenders is broken (Opinion)

Think “sex offender,” and you probably picture a creepy guy who likes to lure children to his van with candy. But that’s not the whole picture. The sex offender registry, which currently stands at over 850,000 registered sex offenders, is comprised of many people who should not be lumped into the same category as violent sex offenders and pedophiles. People like teenager Zach Anderson. The 19-year-old had sex with a teenage girl he met through a dating app. The girl said she was 17 – above the age of consent –…

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India: Why it is wrong on the part of the government to propose ‘naming and shaming’ offenders who haven’t been convicted

India, the largest democracy in the world unfortunately possesses a government that leaves a lot to be desired. Leaving no stone unturned to disappoint the very people it was elected to protect, the Indian government has time and again come up with laws and policies that make little or no sense. The latest in line is Union Home Minister Rajnath Singh’s Independence Day announcement that a list of sex offenders would be made publicly available on a national portal, to be launched soon, in order to keep the public alert.…

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Sex Offenders Locked Up on a Hunch [Updated with Responses]

The essence of the American criminal justice system is reactive, not predictive: You are punished for the crime you committed. You can’t be punished simply because you might commit one someday. You certainly can’t be held indefinitely to prevent that possibility. And yet that is exactly what is happening to about 5,000 people convicted of sex crimes around the country. This population, which nearly doubled in the last decade, has completed prison sentences but remains held in what is deceptively called civil commitment — the practice of keeping someone locked…

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SB 448 scheduled for hearing August 24

The Senate Appropriations Committee will consider Senate Bill 448 (SB 448) during a hearing on August 24. If passed, the bill would require registered citizens to disclose internet identifiers to law enforcement officials. The Senate Public Safety Committee passed SB 448 unanimously based in part upon a promise by the bill’s author to amend the bill. According to committee staff, the bill must be amended to limit those who must disclose to an individual convicted of an offense that involved use of the internet. “Senate Bill 448 must be stopped,”…

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REGISTERED CITIZEN SUES CITY OF CYPRESS IN ORDER TO CONTINUE LIVING WITH FIANCEE [updated with media]

A lawsuit filed in Orange County Superior Court on August 13 challenges a new sex offender (“registrant”) ordinance in the City of Cypress that would force registrant Richard Linington to leave the home of his fiancée where he has been living since 2011.  The ordinance, which is scheduled to become effective on August 26, 2015, prohibits registrants from living within 1,000 feet of any school, park, or day care center. The lawsuit seeks a temporary restraining order (TRO) that would maintain the status quo by preventing the ordinance from taking…

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Online Petition: Justice for Zachery Anderson

When my son Zach met a girl through an online dating app, she said she was 17 years old and lived about twenty minutes away. The two decided to meet up and had consensual sex. Zach was a typical 19-year-old studying computer science at Community College — until he found out that the girl had lied about her age and was really 14. Though the girl admitted to lying about her age and even her parents agreed the encounter was completely consensual and that Zach didn’t do anything wrong, Zach…

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