General Comments April 2016

Comments that are not specific to a certain post should go here, for the month of April 2016. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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James,

I did the live scan in preparation for filing for a Certificate of Rehabilitation. Received my dismissal and record clearance, next I’ll try filing a 17b, for felony reduction, then petition for removal from Megan’s list, and finally, filing the COR.

You think I could sue to have my DNA CODIS results included on the official web site? Of course that means I know for a fact they have not and will not find any DNA hits for any cold cases. Seems to me, since there are the usual assumptions in escalation to murder and a never ending life of violence and sexual assault, that proof of no cold cases hits would help balance the scales. Sure, it is obvious there are no hits because if there were, they would have me locked up, but I would like to balance the scales just as little bit anyway. A sample of the language:

Section 290.1353: a) The DOJ shall post on the website the results of DNA searches in the national database (CODIS) and if negative, report that fact in plain language in large print on the RSO’s profile page. b) the DOJ shall report the number of times the subject’s DNA was run through the database and report the dates and results of each occurrence. c) If negative on all occasions, implying there is no current investigation in progress, the DOJ shall report on the said profile that there is no DNA evidence linking the subject to any cold case crime in the CODIS database.

I’d pay for the DNA tests myself but the DOJ already has all that, which was when they really started pissing me off. If we have a soul, it is our DNA. That’s what I think and thought at the time. I don’t trust the government with that database after what they did with eugenics.

Google California and eugenics for the scoop.

Does anyone know the rules on how soon you have to register when visiting Puerto Rico and St Thomas (USVI) on a vacation? They are not covered in the Registration Laws for All 50 States list. I have tried reading the statues in these states but they are confusing and don’t really answer the question.

I am doing my yearly registration this week in CA. Anything I should look for? We have a new vehicle that is in my wife’s name (actually both cars are). Do I need to ‘register’ one of them?

Does anyone know the laws of South Carolina? I called the registry they said if I’m there for 10 days or longer I need to register. Can anyone confirm this? She also said they (reccommend) I tell the local sheriff I’m there and when I leave) I don’t want to do that. Do I have to? And is there anything special I should know about this being a sorna state?

SORNA (Section 125(b)) also includes provisions for cases in which a jurisdiction’s constitution is in conflict with SORNA requirements.23 If a jurisdiction believes that it faces such a situation, it is to inform the SMART Office, which will assist the jurisdiction to attempt to overcome the problem as the statute provides. If it is not possible to overcome the problem, the SMART Office may approve the jurisdiction’s adoption of reasonable alternative measures that are consistent with the purposes of SORNA. The Director explained that substantial compliance submissions to the SMART Office should identify elements of a jurisdiction’s registration and notification procedures that are different from those specified in SORNA and explain why the jurisdiction’s procedures should not be considered a failure to substantially implement SORNA. ( so basically some states can follow different rules of sorna and be compliant. So how would I even know what laws and rules apply to me when my state is not compliant but still have to register in my state to be sorna compliant even though under my state law I’m no longer required to register.I had to register for 10 years. Sorna and I’m just guessing here because I don’t have an offense level that I would have to register under sorna for 25 years. I have no way of knowing because no one has ever said I have too register under sorna.what a joke.) I thought of a new question that I find intriguing. My gun rights are lost forever however under my state law I can file a relief from disability to obtain firearms.once granted my state allows me to use firearms and I’m under the impression federal law honors this. Even though under federal law Noone with a felony may ever possess a firearm. So why is it that under state law I’m no longer required to register that federal law will not honor that? And I’m still obligated to register under sorna in my non compliant state.

Rob I wish to remain compliant as possible. I’m very paranoid about failure to register consequences. I would bet that federal officials can get my name off the flight list and see that I was there longer than 10 days. I was just wondering about them saying I should tell the sheriff I’m there but I don’t want to do that if that’s not required of me. Thanks you for the feedback!

Article: http://www.sacbee.com/news/local/crime/article71288737.html

Headline: 43 arrests in Sacramento County operation targeting sex offenders

Makes it sound like Registered Citizens are wildly out of control in Sacramento during this 2-day sweep in early April.

Once you read the article you find out:

during the sweep 426 people contacted
only 16 registered citizens were even contacted
only 8 registered citizens were actually arrested

The other 35 arrests had nothing to do with registered citizens at all!!!

If I were allowed to have a facebook account I could comment on the article.

I have facebook… as far as I know it’s not illegal in my state. It’s just against Facebook policies which I care nothing about.

I did some research tonight about Citizens United. Wow they are efficient. Their hard right wing politics are promoted in dozens of productions which are broadcast and downloaded for the consumption of many Americans. They have a specific far right slant, but they are efficient. We need to do this as well, just on a smaller scale.
I have looked up the laws for registration in many states and nearly all start with something like the legislature believes that due to the high recidivism rate, the laws for the registries are justified. Of course that is BS, but I am sure that most Americans believe that to be true.
We have to do something.

Mike, Citizens United receives enormous amounts of funding from the billionaire Koch brothers. That is how they are able to produce such slick videos, etc.
In the 80’s, the Koch brothers funded organizations like the Ludwig Von Mises Institute. They are extremely skilled in promoting their message in a very subtle, stealthy manner.
Citizens United may try to portray themselves as a grassroots organization, but they are no such thing. The Koch brothers also provided a great deal of funding to the Tea Party movement. They have been at this effort – with great success – for decades.

Just an idea

Can we as an RC raise money to buy a RV park and make it RC friendly ?

Married young: Meet China’s teen brides

http://www.cnn.com/2016/04/13/asia/china-teen-brides/?iid=ob_lockedrail_bottomlist

“they are allowed to be together as long as they have an unofficial ceremony, until they reach legal age, when they will then make it official”

Not much I can say to this story except it’s amazing how someone considered the “worst of the worst” criminals deserving a lifetime of public shaming for something they’ve done in this country, is considered perfectly acceptable in another country.

Cops: Dad’s stranger-danger test scares teens into 911 call

WESTLAKE, Ohio (AP) — A suburban Cleveland man had a friend pose as a threatening ex-convict during a test to see whether his teenagers would let a stranger into their home, prompting them to flee and call 911, police said Friday.

http://kron4.com/ap/cops-dads-stranger-danger-test-scares-teens-into-911-call/

Man convicted of HIV crime but later vindicated cannot sue

http://kron4.com/ap/man-convicted-of-hiv-crime-but-later-vindicated-cannot-sue/

DES MOINES, Iowa (AP) — The Iowa Supreme Court ruled Friday that defendants who enter plea agreements in criminal cases cannot later sue the state for wrongful imprisonment, even if their cases are eventually thrown out and charges are dropped.

The case drew national attention as an increasing number of states passed laws making it a serious crime for people with HIV to intentionally engage in unprotected sex with someone and to risk transmitting the virus, which causes AIDS. Gay rights advocates and other critics said the laws were a sign that legislatures were ruled by fear and lack of knowledge about the virus and how it is transmitted….He served about a year in jail in 2009 before another judge reconsidered his case and reduced his sentence to probation and required Rhoades to register as a sex offender. Rhoades appealed his conviction in an effort to clear his name.

I have a rather serious question; Has anybody had their information removed from the negative websites like mugshots.com, busted offenders and homefacts? If so, how was that accomplished?

We are a society of people lied to, purposefully mislead, and manipulated via our emotions. We are consistently and purposefully lead to believe the dogma put forth by self-serving legislators and highly-biased victim advocacy groups. Like scared little children we believe all the terrifying stories intentionally told us relating to the ever-present, 21st century ‘Boogey Man’, i.e., the sex offender. We never question the veracity of those who claim this boogey man is everywhere and always waiting to exploit any opportunity to snatch away and/or defile our children. We believe he cannot control himself nor can he be controlled. We believe he is a forever threat. We are offered all the proof we need of the Boogey Man’s existence, as well as his predatory nature, via sensationalize and intentionally misleading media coverage. Each and every high profile case is used to further frighten the already frightened children – children who only appear adults. Emotionally, most of society responds on a level comparable to that of a pre-schooler when the Boogey Man is thrust upon us. Each and every mention of the Boogey Man results in knee-jerk, emotional reactions. Our society vacillates from hysteria to near hysteria when it comes to issues related to our modern-day Boogey Man. We, or at least many, believe those who commit this class of crime do more harm to the victim than do murderers. Is that some distorted thinking or what? Yet, all one needs to do is begin to question those around them and it will not take long for a respondent to voice just such a belief. Crazy, huh? As is the case with actual children who have been needlessly terrified by an imaginary evil, all attempts to bring forth the truth and enlightenment are met with great resistance. Once a belief is formed and reinforced over and over again facts contrary to those believes are rendered irrelevant. Fear-based, emotional beliefs are the most difficult to overcome. Whenever people, especially those behaving as frightened children, those experiencing strong emotional reactions to a subject, particularly one felt so strongly as sexual threats, the ability to reason logically is all but lost. As a result, we turn to our protectors, for relief – just as children turning to their parents do when faced with fears they cannot control. The problem is our protectors are in the business of exploiting our fears. Our protectors further their careers by responding to perceived threats, often threats which are intentionally greatly distorted, with what is nothing more than ‘feel good’ legislation. They, our protectors, present themselves as champions intent upon addressing and resolving societal protection, but in reality this is not their primary motivation for any steps taken. Opportunities to earn favor with the children they entrusted to protect, i.e., professional attainment, maintenance, and advancement, is, in reality, what they seek most. Furthermore, it is easier to control a fearful group than one free of fear and allowed to think clearly. And because we, the children, are so very consumed by our fears, despite those fears being more imagined than real, we never seem to notice that the protections being offered are also a mechanism which unavoidably leads to the limiting the freedoms of all – not just those who we fear. Today our constitutional protections against expos facto legislation is under attack due to the retro-active nature of current sex offender registration laws. Those convicted of having committed past sex offenses can and are being forced to comply with laws restricting their freedoms enacted long after conviction – long after the date of the offense. This is being allowed because thus far the states and the federal government have been able to consistently offer successful argument these laws are not punitive in nature, but solely administrative. It matters not that there are often monetary costs often placed upon those required to register. It matters not that those who have committed no recent offense are now being restricted as to where they can live, work, or be seen. It matters not that those who have committed no other crimes are being required to submit to providing DNA samples (a force invasion of one’s body by the government), providing authorities with detailed travel itineraries weeks before being able to exercise freedom of movement, notify authorities of all contact with any child, provide email addresses, submit to polygraph testing, or are subject to having their privacy invaded via random examination of computer usage and histories, etc. We allow our governments to disguise that which is clearly restrictive and punitive as merely being administrative actions taken for a false promise of protections which serve the greater good of society. What we are trading away for this illusion of protection are real protections against unwarranted governmental intrusions into our lives and our freedoms. All ready the roles of registered offenders have grown to include those who have been found guilty of other crimes. In many jurisdictions those who have committed other violent offenses, i.e., murder, various forms of assaults including domestic, and certain drug related offense are now required to register – even long after their convictions. They, too, are subject to many the same restriction as registered sex offenders. They, too, are being forced to accept post-conviction punishments or risk conviction and imprisonment for having failed to subjugate one’s self to the will of a victimizing governmental entity . As the statutes relating to the misguided attempt to control and track sex offenders as evolved it has brought greater restrictions, it has expanded in scope (as to who is required to register), it has establish legal precedent which will inevitably be applied to many others, and it has not provided one iota of either deterrence or protection. It simply feels like something is being done. Yet, something is being done – all of our rights are being eroded. So very, very sad when children, grown or not, are being exploited and remain oblivious to the harm being done them. We send many sex offenders to prison for having violated the trust that is suppose to exist between those providing protection and those requiring requiring and deserving it. How much different are those who have violated, and continue to so, the trust of the masses from the betrayals of the typical sex offender? Our protectors betray us, yet we fail to acknowledge this betrayal. We accept the lies and half truths as factual – never questioning because we are trusting our protectors to protect us. This is not so very different from an offender who tell his victim what the offender believes will cause the victim to respond in a manner that continues to hide the truth, thus allowing the offender to continue satisfying and furthering selfish agendas at the expense of the integrity of the victim. This abuse by authority is unlikely to ever change. This erosion of individual rights and protections are far more likely to continue than be addressed and corrected. We, the victims, in this case, have no one to blame but ourselves. In most instances victims are not at fault. Herein lies the exception to the rule.

To: Tired of Hiding:
I just read your Puerto Rico comment of 10 days visit time, and thank you for your answer.
Do you know anything about moving there to live ?

Their first law is Act # 28, that said registration was for people convicted after July 1, 1997 ( the date the Act started). Then in 2004 they passed Law # 266 which I believe tightened the #29 Act. Then I think there were amendments to # 266, as recent as 2014, but I can’t find the amendments anywhere. I’m also pretty sure you also can only live there if not registered, and don’t have to register in your State of conviction. But I can’t find that in writing either.

I’ve tried various area code 787 phone numbers, and never get past being put on hold once they know I can’t speak Spanish. I do know that they want nothing to do with AWA/SORNA due to cost.

Here’s other stuff I found: Phone: 787-729-2121, Law 243 ( in 2011), Regulation 8447 ( of 2014), PR laws ann file 4 at 536A (of 2010).

Hope to hear from you. Thank you,

Derek ( Once Fallen) is going to see the ” Untouchable” movie this Tuesday, so we’ll have a report from him pretty quick. He has noticed he briefly appeared in the trailer !

Couple of questions… as usual with these things there doesn’t seem to be a straight answer online, figured you guys would have better info.

1. Law says can’t go on school campuses without permission. Law does not say K-12 campuses only, just says schools. Does this apply to colleges and universities? I have 2 kids (ages 14, 12) and would like to show them around some local colleges to spark their interest. Would I need permission though?

2. On being registered at a second address, the law says that anywhere I stay regularly regardless of the number of nights is somewhere I’d need to register. Does anyone have any idea of what ‘regularly’ means? Once a week, once a month? Heck, even on night a year fits the dictionary definition of regular… would be silly to register that address in that case though.

Basically we sometimes (about once a month, sometimes twice) visit my sister but she lives far enough away that we get lazy driving back home so we spend the night there. If I have to register at that address I’d obviously just stop going (or have to not spend the night).

These laws suck and they are definitely vague to screw us over.

Thanks for any info.

I would also like to know what they mean you must register all vehicles owned and (regularly operated) I have driven vehicles once does that mean regularly? I’m also a mechanic…if I drive a customer’s vehicle into the shop should I register it?

Erwin I thought Puerto Rico you had 10days not 3?

anyone know the answer to this, i’m in fl. but just researched different state rso laws, i foud 2 that i could move to after x number of years on the sor and that state would give me credit under there state law and i would not have to be reg. there. so then i’m no longer requed to register and off the sor. but then say i move again to another state whould i have to follow there rso laws even though i’m no longer an rso?

I wish that we could move faster towards some type of case that will reach the SCOTUS and re visit the registry. Laws seem to pass no matter what. In the past year three of the states that allowed low risk RC’s to live off of the public registry have gone by the wayside. First Nevada which is only waiting on a court challenge, recently Washington and now it appears Arizona.
We would have a lot more options, if we raised more money. If we wait on news organizations then we will be waiting a long time. We need to hire a firm to help us get the real truth out there and hopefully to find some journalists that will confront the ilk like Chris Smith when given the opportunity. This is an election year and all of the Congressmen are up for reelection. I would like to ask Smith to answer yes or no if he had any statistical evidence that RC’s were traveling and engaging in child sex trafficking or child sex tourism. Make him say it. Same with all of these other a$$holes. I remember when John Walsh was on the steps of the TX legislature lobbying for the passage of the TX version of Jessica’s law and said something like, “We all know of the very high recidivism rates of the SO’s” and there is never anyone to say, “Uh I think you may be mistaken,” or “That is just BS”. If we do not move much faster things are getting worse at an accelerating pace.

could this SCOTUS decision help so reform

i just read this “Thursday, February 11, 2016

Based on Johnson, split Fifth Circuit panel finds another simlar provision of federal law is unconstitutionally vague

A helpful reader alerted me to a notable new split ruling handed down by the Fifth Circuit yesterday in US v. Gonzalez-Longoria, No. 15-40041 (5th Cir. Feb. 10, 2016) (available here). Here is how the majority opinion gets started:

In this appeal, we address for the first time whether 18 U.S.C. § 16’s statutory definition of “crime of violence” is unconstitutionally vague. We consider this question in the light of the Supreme Court’s recent holding that a similar provision of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Johnson v. United States, 135 S.Ct. 2551 (2015). In Johnson, the Court held that the ACCA violated the constitutional prohibition against vague criminal statutes by defining “violent felony” as any crime that “is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924(e)(2)(B). Section 16 contains a similar definition: a “crime of violence” is “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” The Seventh and Ninth Circuits have both held that this language is sufficiently similar to the ACCA’s language to suffer the same unconstitutional fate. United States v. Vivas-Ceja, 808 F.3d 719, 720 (7th Cir. 2015); Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015). We agree, and accordingly hold § 16 unconstitutional….” at http://sentencing.typepad.com/sentencing_law_and_policy/vagueness-in-johnson-and-thereafter/

now i’m wondering since many so laws deem so crimes as violent if this decision could be used to challenge length of time on the SOR hit lest, etc…