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National

NY: Local Legislator Seeks Change to Sex Offender Registration Law

Thousands of sex offenders will come off the state’s registry this year. But one Broome County legislator and a local advocate have teamed up to bring change to New York’s Sex Offender Registration Act (SORA). The state law, enacted in 1996, requires level one sex offenders to be registered for 20 years. By 2016’s end, the whereabouts of many of these criminals will be untraceable — even for police.

But a concerned local legislator has submitted an advisory resolution that would tighten registry regulations. Full Article

Join the discussion

  1. Son of Liberty Child of Freedom

    This is the time to be front & center.

    Here is a little more detail on their desire to play mind games.

    “Democrat Mary Kaminsky (D-14) submitted a formal request for a change to the state law. She’s partnered with Dave Lindsey, whose 12-year-old daughter Cheri was raped and killed in 1984. He’s recently been fighting for an end to the 20-year expiration period.

    Kaminsky wants level one offenders kept on the registry for 25 years minimum — and believes they should only be erased from the database after undergoing a Mental Health Evaluation.”

    Here is Kamisky’s contact info, it should be forwarded to all those interested in the issue.

    http://www.gobroomecounty.com/legislature/d14
    email: mkaminsky2@co.broome.ny.us

    She is obviously ignorant of the facts, the question begs, is she pretending or lacks critical thinking skills?

  2. Eric Knight

    Actually, the original time of registration for those registrants was originally 10 years, but when the original registrants were about ready to come off the registry in 2006, they changed it to 20. Here is the news article from 2006.

    https://www.nysenate.gov/newsroom/articles/dean-g-skelos/strengthening-megan%E2%80%99s-law

    Now, the registration deadline is coming up again. So when this law passes, what will happen in five years? Oh, with the “mental health evaluation”, they will just declare everyone incompetent to get off the registry so they will essentially make everyone stay on for life. Got that.

  3. PK

    It’s simply out of control. I read somewhere that the Chairman of Crime Victims, Crime and Correction Committee, in NY, thought that Level 1’s should not be affected, as they have a low recidivism rate.

    If someone could find information on that I would appreciate it.

    • Eric Knight

      Here is an article with Chairman Patrick Gallivan’s statement.

      http://www.democratandchronicle.com/story/news/2015/11/24/sex-offenders-registry/76345760/#

      Here is the statement he made:

      “Our goal needs to be safe communities,” said state Sen. Patrick Gallivan, R-Elma, Erie County, who serves as a member of the Senate Committee on Crime, Crime Victims and Corrections.

      “However, I’m not aware that we have had continuing problems with Level One offenders, to know whether or not we should be pursuing legislation so that they remain on a list for more than 20 years.” Gallivan believes that may be why no one has rushed to pass another extension such as that passed in 2006.

      • PK

        Thanks Eric, that’s what I read and saw also. Good work! I might want to contact that gentleman to see if he is aware of this new Bill (yet another new Bill).

  4. Mike r

    Man thid kaminsky is the one that needs the medical evaluatio

  5. Mike r

    Thats great that you gave her email heres what she gotfrom me and hopefully everytime someone has a chance copy paste and send it.

    NO MORE LAWS
    I really wish you,the media, and any other organization would stop publishing, producing or relying on reports and opinions from law makers or any organizations about how great sex offender registration and notification laws work or how residency restrictions and presence restrictions are needed. They are using false statistics and pure myths to further their personal agendas under the guise of protecting children. None of these failed policies have achieved any positive results in the US and are in fact destroying the lives of thousands of innocent children and their families because one of their parents or family members are on such a registry. Individuals and organizations should have enough integrity to investigate their claims before they publish it or rely on it and be sure that there is some credibility to it and not just a platform to exploit children for a law makers personal gains or their own. Here are some facts from the leading authorities on this subject which indicate what a failure these registration and public notification laws are in the US. These laws are a waste of tax dollars and are a misplaced use of valuable law enforcement and government agency resources.

    California Sex Offender Management Board (CASOMB)

    Sex offender recidivism rate for a new sex offense is 0.8% (page 30)

    The full report is available online at

    http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf

    California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13)

    Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety.

    The full report is available online at. http://www.casomb.org/index.cfm?pid=231

    National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America.

    The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses.

    The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350

    The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483

    Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates.

    The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483

    These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community.

    People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following.

    California Sex Offender Management Board (CASOMB) (page 38)

    Sex offender recidivism rate for a new sex offense is 1.8%

    The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ

    Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C.

    Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today.

    The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm

    Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013

    Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates.

    The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf

    Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy.

    A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7%

    Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf

    Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009.

    The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05%

    Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf

    Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do.

    From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M.

    For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work.

    http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf

    The Supreme Court has fed the fear of frightening high sex offender recidivism rates that has proven to be universally untrue. It’s become the “go to” source that courts and politicians rely upon for “facts” about sex offender recidivism rates that aren’t true. Its endorsement has transformed random opinions by self-interested non-experts into definitive studies offered to justify law and policy, while real studies by real scientists go unnoticed. The Court’s casual approach to the facts of sex offender re-offense rates is far more frightening than the rates themselves, and it’s high time for correction.

    The sources relied upon by the Supreme Court in Smith v. Doe, a heavily cited constitutional decision on sex offender registries, in fact provide no support at all for the facts about sex offender re-offense rates that the Court treats as central to its constitutional conclusions. This misreading of the social science was abetted in part by the Solicitor General’s misrepresentations in the amicus brief it filed in this case. The false “facts” stated in the opinion have since been relied upon repeatedly by other courts in their own constitutional decisions, thus infecting an entire field of law as well as policy making by legislative bodies. Recent decisions by the Pennsylvania and California supreme courts establish principles that would support major judicial reforms of sex offender registries, if they were applied to the actual facts.

    I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject.

    Thank you for your time.

  6. EnemyWithin

    New York has a history of shifting the time required to register in order to prevent people from falling off. Al Queda got it right when they hit that state.

    • PK

      I prefer to keep my comments to myself- let’s just leave it at that.

    • 4sensiblePolicies

      I don’t think that is a constructive statement for our cause. I feel your anger and pain, but do we want our next challenge to have people thinking that we sympathize with terrorists?

    • David Kennerly

      The problem is that they didn’t hit the “state” but a bunch of working stiffs in a private building. That’s the problem with mass killings: you’re bound to kill a bunch of people who don’t deserve to be killed.

      I think that it is very instructive that there has been no terrorism committed by sex offenders. For such a dangerous bunch, we sure have killed very few people.

      In my opinion, the passivity of our cohort is what has made us such an ideal target. Targeting us is a very low-risk proposition.

      Perhaps our lack of propensity for violence will eventually work in our favor, who knows?

      • Timmr

        Maybe that is why we are targeted. Private prisons lobby to get more laws to put low level offenders into their prisons. Each inmate represent dollars. The less trouble the inmates cause, the less expense for that income. Public prison unions also benefit from having a compliant group to oversee. They get paid for less dangerous work. My wife said it once. The more trouble you cause the more they leave you alone. I wouldn’t take that as practical advice, but it may be generically true.

  7. SCOTUS WAKE UP

    Thankfully shes a locale politician not a state one. She cannot propose legislation

  8. Derek Logue of OnceFallen.com

    NY does not have an organized movement. You Cali folks are a bit spoiled, but most states lack the resources to fight back against these laws. You don’t have an organization as rabid as Parents For Megan’s Law to deal with. PFML, run by Laura Ahearn, is the only PRIVATE CORPORATION in America that is paid to conduct sex offender compliance checks. They get $900,000 a year just from Suffolk County for doing this! They run their own private registry and take citizen tips. NY registrants don’t have someone they can just throw a hundred grand at and hope it all goes away. I’m currently working ion getting info on them via FOIL, but I lack the resources to do things that would expedite my efforts. They are a form of organized gang.

    If you look at what NY has already done, maybe some of you will at least partially understand why I scoff at your Tiered registry proposal.

    • PK

      @Derek according to an article, PFML is in the midst of a lawsuit, and their contract with Suffolk county is going to end in April.

    • Friend of RSOL

      Derek,

      How can CARSOL help get something started in NY? Do you know of any supportive attorneys, journalists, RC relatives, etc. who would be willing to start a grassroots effort? Any means of contacting registrants? Is National RSOL involved in NY’s issues?

      • SCOTUS WAKE UP

        the only attorney I know in NY whose done anything useful is a woman named Kathy Manley. There was a case taken by a zachary margulis-ohnuma but he charged that defendant a large sum of money most of us dont have.

        I have plenty of idea’s but can’t get them done – for several reasons, including money, lack of legal knowledge and mostly inability to go public

        • PK

          Zack is very expensive, I’ve had a consult with him. Kathy told me that she doesn’t have much or any experience with Federal Actions. I like both Peter Brill and Ronald Nir who has handled 100’s of downward departures. For a Federal Action you’re looking at upwards of 50K.

        • SCOTUS WAKE UP

          Did Kathy tell you her retainer rate? I’ve spoken to Zack and he is very pricey at around $500 per hour. I am not sure how good he is since the only case I’ve found was Doe v Cuomo in which the court decided against him, however he did write a well argued brief

          PK they still have yet to reply to me with your contact info so we will see

        • PK

          Kathy and I didn’t get to the point about specifics concerning retainer fees.

          I talked to her about her case Doe vs O’Donnell 2011, because my situation is nearly identical to that.

          We spoke about a possible Federal Action to contest the decision, and I wanted to find out from Doe if he wanted to enjoin.

          At this point now that I’ve left, I’m not sure how important it would be for me to spend that kind of money for a federal case. I need to think about survival now.

      • EnemyWithin

        One method of contacting NY RSO’s is to have someone you can trust who is not convicted go to Hot Scripts and download a social media script to a domain and permit minors to join. Then apply to NY for the list of sex offenders so they can ensure that no NY convicted or previously registered sex offenders(as far as I know, if you have ever been registered in NY, you will always have to register in NY, increases their federal money and I suspect a form of graft by the mafia homo who is governor now) can join the website. There is a fee(unknown at this time) and you have to swear to not use it to harass the offenders. But you get our names and email addresses. Then you can start an effort to organize the offenders.

        I constantly get letters from lawyers in Orange County, CA telling me I can get off the registry, but not once ever have I gotten a sex offender-related attack or organizing email due to the survivors in NY having my email addresses.

        I think NY RSO/CSO are ripe for organization, especially since they probably live in every state and many other countries as well. But, a sex offender cannot do it, especially a CA resident offender, I am sure there is a loophole that CA would use to say that obtaining the list of NY offenders is the same crime as viewing the CA state Megan’s Law website.

      • new york city sex offender level one

        Please please let’s get organized in NYS

        Send me contact info or whatever you can

    • Joe

      @Derek Logue of OnceFallen.com – “You Cali folks are a bit spoiled, but most states lack the resources to fight back against these laws”? … “don’t have someone they can just throw a hundred grand at”? … “PFML, run by Laura Ahearn, is the only PRIVATE CORPORATION in America that is paid to conduct sex offender compliance checks”

      Where do you think these resources are coming from? Raining down from the sky like manna from the heavens?

      What difference does it make who performs the compliance checks – a bunch of volunteers or the local sheriff in riot gear?

      What do you think California RSOL is? It is Janice Bellucci and a bunch, a whole bunch of registrants and their families – donating time and money. AND their names and faces.

      Is that for some reason not doable in the Empire State? Can a group of registrants in NY not put together a web site to get organized, hold meetings and go speak at hearings at all kinds of level of government?

      While not every state is lucky enough to have a Janice Bellucci, surely there must be some way to get some lawsuits filed. Troy Wallace, Carlos Perez and John Jones have managed to do so. So it cannot be impossible.

      Strange viewpoint indeed….. Mother always taught me that God helps those who help themselves.

      • SCOTUS WAKE UP

        John Jones’s case is filed by the ACLU – so that is how that one was done. Troy Wallace and Carlos lost due to there lack of pleading knowledge and honestly were already very public and were able to file using there real names.

        The difference between the government and a private organization is accountability. The government is required to follow the constitution, private organizations are not always.

        • Karma

          PFML – Laura Ahearn, is no longer a “private corporation”. She made herself an agent of the government when she contracted with Suffolk County under the CPA. (Suffolk County Community Protection Act) She is now a “state actor” and must adhere to same authority. A federal judge recently denied motions by the defendants, the county and nonprofit, to dismiss the 2015 suit, ruling that Parents For Megan’s Law is a “state actor” and can be held liable for constitutional violations. PFML and suffolk county are overstepping the enabling statute by stalking registrants living in Suffolk county. The New Your State Court of Appeals already ruled in February 2015 People V Diack that the state claims the entire field of registration including “monitoring” registrants. Which is done by parole and probation where applicable. As soon as registrants are no longer under supervision by these authorities there is no authority that can “monitor” them. A suffolk county court officer has stated it doesn’t matter what the law says. Suffolk county writes its own rules and Laura Ahearn, her rich boyfriend, and their goons run the sex offender show in Suffolk. As can be clearly seen by the fact that the county executive, Steve Bellone has publicly announced that basically he will not allow the courts ruling to hold water in his county and he continues in his now clearly established, illegal contract with Laura Ahearn. Stalking registrants outside what New York State law allows. The man has 0 regard for wasting tax payer dollars defending lawsuits against the county and his agents for their illegal activities.The county also has Laura Ahearn as Chairperson of the Suffolk County sex offender court registration and notification sub committee, and the chair woman of legal systems sub committee of the Suffolk county domestic violence task force. Her connections with the Suffolk county DA’s office, county executive, county legislature, county police dept, namely James Burke (a notorious nymphomaniac? – now in Federal Prison) Who helped her get the legislature to pass her proposal, with his police followers all promote and back up her illegal activities. No lawyer will make a true honest effort to go up against them and they know it.Her corrupt ties apparently run very deep it seems even into the state legislature. With actual county court employee protection is it any wonder why she does what ever she wants with total disregard of the law? Even filing a vexatious suit against a poor registrant from Ohio who brought two victims to her “crime victims center” for help where she not only denied them help, but had her thugs physically remove them from the office. Of course the county supports this behavior and has granted her the use of its attorney. Along with the transfer of money from other funds directly to her even though her contract was capped at 2.7 mil “and no more”. Where are the real defenders of justice?

      • Victims of Megan's Law

        “What difference does it make who performs the compliance checks – a bunch of volunteers or the local sheriff in riot gear?”

        The difference is, PFML is being paid taxpayer dollars to illegally stalk free men, while police perform compliance checks only on SOs that are on parole or probation.

        “Is that for some reason not doable in the Empire State? Can a group of registrants in NY not put together a web site to get organized, hold meetings and go speak at hearings at all kinds of level of government? ”

        The answer to this question is a resounding “No, it is not do-able in a practical sense, and they cannot because what you don’t understand is the fact that Laura Ahearn has such a stronghold on the community, that when anyone tries to organize or hold meetings, she thwarts them at every turn.” I have tried this. I believe there is a mole in the RSO community. Also, she uses her community ties to have vigilantes do her dirty work for her. She leaks information to them, and they use it to harass and stalk anyone who attempts to stand up for themselves.

        “While not every state is lucky enough to have a Janice Bellucci, surely there must be some way to get some lawsuits filed. Troy Wallace, Carlos Perez and John Jones have managed to do so. So it cannot be impossible.”

        Filing lawsuits are one thing, but WINNING them is a whole other story. Although Troy Wallace, as smart as he is, managed to file his suit, he did not win. Neither did Perez. The Judicial system is rigged in NY. The truth is, the courts write their own laws and Laura Ahearn, her rich boyfriend and their goons run the sex offender show in NY. She sits as Chairwoman of the Suffolk County Sex Offense Court Registration and Notification Subcommittee. Unfortunately, no lawyer will go up against THAT!

        • PK

          “She sits as Chairwoman of the Suffolk County Sex Offense Court Registration and Notification Subcommittee. Unfortunately, no lawyer will go up against THAT!”

          That’s not true, contact Kathy Manley. She won a case against Nassau County for a Registrant regarding Residency restrictions. I’m sure she would be up for a viable challenge.

  9. New Person

    It is situations like this that I do not support a tiered system in California. People can continue to push time further back and back. A tiered system means registrations are not unconstitutional. And because they’re not unconstitutional, then the time constraints can be pushed back whenever and however long.

    CASOMB dispelled myths about recidivism on three separate occasions in a PDF, citing the very low re-offense rate. Well that truth implies the registration isn’t needed at all, but CASOMB doesn’t want to go all the way to saying registration is unnecessary as supported by scientific evidence – so they’re propping up the tiered system instead.

    • Karma

      The tiered system is a huge mistake. Take it from a New Yorker.

  10. Roger

    A tiered system is a necessary first step in a long process to abolishing the registry. There is no way you will get a society that hates and fears RCs to suddenly stop passing these bad laws.

    Three tiers allows lower-tier RCs to get off the registry after a certain number of years. When the doomsayers are proven wrong because three-tier doesn’t cause an increase in re-offenses, then we can work to incrementally prove that letting higher tiers off the registry would be acceptable.

    When even that step doesn’t cause an increase in re-offenses, then we can challenge the Megan’s website.

    You can’t change people’s attitudes overnight. It takes time, and it takes proof.

    • Doc Martin

      You make a lot of sense. A tier system is not perfect, but some folks are coming off the registry early because of it. It’s happening here in Pennsylvania. I still have a long time and I’ll probably be a dead man before I’m finally off. But for the young folk, they have a life ahead of them and they need to get off the list early. And some day (once the nationwide sex offender hysteria dies down and the list gets to big to handle) PA may decide to not list tier 1 offenders like they don’t do next door in New York and Jersey. And eventually, just tier 3 predators (I like how the govt comes up with these names) will only be listed. But that was the intention of the law in the first place
      People incrementally coming off the registry will prove all hell won’t break lose with Sodom & Gomorrah

      • Roger

        I would be a tier 3 if it were created in California, so the tier system would not help me.

        I could be in despair and angry about that. I could insist that CA RSOL not compromise and refuse to support a tier system unless it included a way for me to get off someday, which is what some of my fellow potential tier 3 RCs have said.

        However, I choose to not focus entirely on my situation and get into huge self-pity parties. I keep my focus on the long view. I want to help you guys who would be tier 1 or tier 2 to get off the registry.

        I may never benefit from the tiered system, but it would make me feel good to see thousands of fellow RCs build new lives out of the website spotlight.

        My hope is that someday that CA RSOL will incrementally change the perceptions necessary in society, in politics, and in the courts.

        And who knows, maybe I will be able to get off the registry in my lifetime.

        I encourage my fellow tier 3 RCs to help our fellow RCs by supporting a tier system, keeping the hope that none of us would have to be on the registry for life.

    • New Person

      Tiers might sound great, but one state who had a low level tier of 10 years was extended another 10 years.

      While it looks like a step in the correct direction, it is in fact a step backwards b/c tiers imply registration is okay.

      There’s enough empirical evidence to abolish the registry, but it hasn’t. That’s evidence collected for the past 25 years! If 25 years doesn’t change one’s mind and seeing how those lower tiers just got an added 10 more years (for a total of 20 years), what makes you think it’ll change the perception?

      Now, factor in the California constitution of inalienable right to privacy, the registration after you’ve done your sentence runs contrary to said “inalienable right to privacy”.

      That’s two factors: 1) Empirical evidence of lowest recidivism rates and 2) Unconstitutional to California Constitution.

      Being registered implies I have a propensity to re-offend and be labeled dangerous b/c there is no distinction. After successfully finishing my punishment levied against me, my “inalienable right to privacy” is restored. It doesn’t matter if it’s punitive or administrative b/c those rights have been restored as per 1203.4. The public nor government has no California constitutional right to know anything about me thereafter.

      Registration abridges that “inalienable right to privacy” after being awarded 1203.4:

      the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.

      The imperative word here is “all” – for all penalties and disabilities resulting from the offense. The only exception in this was for a vehicle code.

      Registration, although administrative, is an added disability resulting from the offense.

      So if laws side with the laymen’s interpretation, then registration outside of parole/probation runs contrary to California’s Constitution to right to privacy AND what is to be relieved as stated in 1203.4 when awarded.

      Thus, no to the tiered system as it says it is okay to have a registration system when the registration system contradicts and undermines California’s Constitution and law (1203.4). Again, the imperative word in 1203.4 is “ALL”. Combine that with inalienable rights to privacy, then something or someones have been turning a blind eye to laws and constitution.

      • James

        I want to Vote for New Person for anything he might wish to run for…he is right on the adoption of any tiered system.

        Not to be overtly political, but I just watched the Mayor of Boston talk about second chances, how he was a down and out alcoholic in 1995…now Mayor of Boston….America believes and gives second chances.

        I like this.

        I also like Hillary’s Ban the Box campaign…no other politicians are taking such risky positions…in favor of fairer behavior to Felons.

        I’ll say it if no one else will…

        You know who to vote for in November…you must do this and work towards this positive outcome.

        Best Wishes, James

  11. rob

    I’m not a fan of the Tier system even though I am a Tier 1 in my state. If I was a few months older when I committed my crime then I would be a tier 3 with a felony charge. Somehow i would be this great danger to society with no chance for rehabilitation, compared to now as someone who is a minor threat to reoffend.
    I would be subjected to registration every 90 days and everyone would think at any moment I could reoffend? No the system is BS and does allow for people who are higher tiers to be given a second chance. What happens with the tier system is all the new laws are being enforced against level 2 and 3 because of peoples perceived notions that the higher level you are the greater danger you pose to society.
    But I am very thankful that I will be off the registry in 1 year and a Tier system does allow others the same ability but it screws over a lot of people and makes the system seem fair when its anything but fair.

    • James

      Rob, I am sincerely happy for anyone that makes it out of this trap…and I don’t resent people that support a Tiered System….I don’t even mind registration the way it was before 2001 when the Supreme Court Decided that all this c**p was not punitive and just administrative.

      This is where the trouble started.

      I even liked them gathering DNA because I knew it would prove I was innocent of anything new….

      So legitimate stuff I don’t care about…they can know where I live and when I actually change residences.

      Beyond this and DNA….no.

      But for you personally…I am happy.

      Honestly.

      Best Wishes, James

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