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General Comments September 2016

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Can someone find the exact penal code for the following two questions:

1. What is the exact statute that says a registrant has to keep his/her registration receipt with oneself or he/she can go to jail?

-AND-

2. A registrant has to identify him/herself to law enforcement as 290 if a registrant ever stopped by police?

It’s for my cousin (for a project he has).

Thanks

Neither requirement exists. It’s sometimes incorrectly stated that both requirements are codified. Especially by law enforcement.

Keith, Just be sure to keep the receipts in a safe place. The system isn’t perfect. I just found out two months ago that Ca. said I failed to register in 1996. I made it a habit to shred every paper I ever received from the horror story of registration. The problem is, I have registered every year since 1990. And when Calif. obviously made a mistake, they didn’t correct it. I was never arrested or even summoned for failure to register. So they realized their mistake and CA DOJ just left it as a record of failure to register… Read more »

The “requirement” to carry the piece of paper from your registering agency is a requirement of probation, if ordered by the magistrate. As for the “requirement” of identifying oneself to law enforcement as a registrant is something I’ve never heard of before. I do not have that requirement. However the judge in my case did state in the minute orders that I needed to carry the paper.

great suggestion anonymous ya ill highlight any changes or revisions great fredback….

I apologize moderator for not staying on topic in the other comments sections I hope I will be able to continue my quest for assistance in the general comments section…that being said…since I didn’t receive any negative feedback about my right to reputation argument I am assuming that particular argument is comprehensive and pretty sound correct??? correct me if im wrong… so now I will post my equal protection argument so hopefully I can get assistance finding relevant case law,anymore empirical evidence and any feedback that would strengthen that particular argument..once again thank you all who are contributing to this…I… Read more »

Mike r,

Have you ever gotten a reply from Janice or her team about your suit?

As has been stated several times before on this site, Janice cannot give legal advice on this site. No smart attorney will ever provide direct legal advice on a web site. Because of liability with legal advice you must contact an attorney directly. If you need advice from Janice or her team, the contact information is posted here under the contact link. However I would not expect free advice from any attorney related to a specific case as attorneys have bills to pay too.

I believe all I need to add to my right to reputation arguments is more documented evidence on the collateral damages caused by the registry from respected news outlets such as the New York times, Washington post, USA today, Wall Street Journal, BBC, NPR, PBS or any other respected sources.. I need a link to each article and a brief description…..

Since following this forum over a year, I’ve read many comments by Californian registrants & their experiences regarding 290. This is what I concluded about California law. Compared to many states, California is more light in the incarceration area when it comes to sex crimes which will get you prison time in many Midwestern & southern states. Maybe Californians learned their lesson from 3 strikes your out, bad drug laws, and overcrowded prisons drawing costly lawsuits. Whatever the reason, and from comments I’ve read on this forum, a lot of people convicted of sex crimes in California are getting light… Read more »

I think a few corrections are necessary: 1) Internet identifiers (I think still waiting to be signed into law by Brown) will only apply to those convicted after 1/1/2017. 2) The Halloween ordinances have largely been tossed out in the garbage. Even CDCR has now agreed to not enforce their Halloween policies. 3) The state does NOT authorize law enforcement brigades. In fact, no where in the law are these checks required. Agencies do that all on their own. And, if you’re not on parole or probation, don’t even bother answering the door when they come knocking (that’s what most… Read more »

That’s actually good news that the state of California is not as extreme as I thought but I don’t think I was incorrect. I merely stated what the state wants (internet identifiers). That doesn’t mean they’ll get it or it’s already happening. And just because registrants convicted before 2017 don’t have to worry is no consolation to the ones who will be convicted after 2017. And I should have phrased my sentence: the state “allows” local law enforcement to check up on registrants. Even if you’re not legally obligated to let them on your property, it’s still somewhat unnerving &… Read more »

I did 3years in the pen and I would gladly done twice that instead of the hellllll parole supervision I had to go through because of the sex offender designation and the subsequent registration and notification laws….

I hear you. I don’t know what your offense was but a mandatory sentence of 3 years is exactly the amount of time my son did for having cp on his computer and he wasn’t even file sharing or distributing it. So now you have people thinking if he did 3 years, he REALLY must have done something wrong when in fact he would have gotten probation if it wasn’t for Wisconsin’s mandatory minimum cp law plus overzealous Milwaukee prosecutor. So that’s one reason why I believe incarceration is worst than the registry. You have to always explain to people… Read more »

hey this is great even steve one of the guys that was bashing me before contributed to my cause with a positive and useful comment…seriously Steve thank you for your comment and support keep it coming….

ya no more i did get a response from janice telling me she couldn’t assist me I’ve even offered to pay to format and revise it. NO is what I was told un no uncertain terms…

That’s interesting. Well obviously you’re tenacious, so I don’t need to give you encouragement to keep going but don’t give up. Like a few of us have stated, we’ll have to get things done ourselves if we want abolishment. I promise you, I’m working towards a financial plan for just that. It’s not moving very fast at this moment but that’s out of my hands in a few ways. I’ll be off this mess next year so things will pick up pace then.

I’ve got a little over 18 months left. It’s funny how I’ll be able to have much more of an impact after I’m free of the registry…but the combination of joblessness, the registry, and probation restrictions really can tie not only my hands but my family’s hands as well. If it weren’t for being registered though, I never would have known how the registry actually puts my two young kids at much more risk than it helps. I don’t need to look up potential predators on a map, but I would like to be notified if one moves nearby. So… Read more »

You can’t have both, liberty and security. You’re not guaranteed nor could you ever be, a safe life. As always a false sense of security is all you ever get. On top of that, your desire to be “informed” usurps others rights. Keep your kids inside. Wrap them in bubble wrap or coat them in shelac but don’t step on my rights by using them against me.

hey moderator I hope your not going to censor my post in general comments now… I’ll repeat here is issue #2 in its current form before I revise it to include what you guys have contributed so far…I will only post it once untill I revise it with any suggestions you may have to strengthen this argument…empirical evidence,case law, or suggestions on how to strengthen this argument or improve the articulation in it..any help is greatly appreciated…thanks… 2) The sex offender registration and notification laws are discriminating irrationally among classes of ex-offenders which violates the equal protection clauses. All sex… Read more »

Just something to think about Mike R, and I’ll try to post more about this later, but when I worked on a Writ of Habeas Corpus with my lawyer, he wouldn’t include any published reports due to the prosecutor objecting to it as “hearsay”. I’m no lawyer though. Perhaps government reports would be an exception. You may want to look at the original Michigan case that recently said Sex Offender laws do violate ex-post facto: https://all4consolaws.org/2016/08/mi-court-voids-state-sex-offender-registry-for-imposing-unconstitutionally-retroactive-punishment/ Look through it to see how they structured their arguments and any successful objections just to see what works and what is questionable. I… Read more »

thank you moderator…

I can see that you are very passionate about what you believe in Mike r. I’ve given this some thought I think it wouldn’t be a bad idea at all to have a website or blog, whereby many people can contribute to building a case. I’m not clear about how the format would look, but it would be something similar to “code sharing” whereby you would have many people contributing, but not necessarily copying and pasting the entire argument. You would need to have a framework where people can contribute to a certain provision or aspect. Then perhaps the contributors… Read more »

Moderator: I have been getting some of my posts nixed as “spam” — so my comments are lost forever. Not a single one has been spam, they have been direct responses to someone else’s post. I e-mailed you about this a few days ago, but here it is still happening today. In fact, I see my latest post, in the few moments between hitting the button to post and it being posted, the last paragraph where I said this to you was nixed from it — you censored it! Stop censoring posts! If this is a technical glitch, get it… Read more »

Mike R, I see in the “Halloween” post where you asked Janice about pushing to overturn Smith V Doe (2003) and she stated she is pushing for that. That would affect the retroactive application of registry and also expose it to future challenges of cruel and unusual punishment and other challenges…so that is true that it is needed to be challenged. However, wouldn’t it be prudent to also challenge “Connecticut Department of Public Safety v. Doe” 2003 since that relates to “requirement which required public disclosure of information on sex offenders after they had been released from incarceration”? I think… Read more »

excellent Chris I will have to research that issue more and if there’s any chance of the court rejecting dismissing the studies and reports then I will have to dig deeper and find case law that will force them to allow it or at least force them to hold an evidentiary hearing to determine validity of the studies and reports…like you said I think it would be really difficult to dismiss all the government studies and reports but I will dig deeper….thanks man ..now see that is exactly the kind of feedback I need…that was a totally obvious issue that… Read more »

Mike R, another issue with my case, when I presented to my lawyer what I wanted cited in the writ he said the case I wanted cited wasn’t as valuable as it could be. In my case, I wanted a case cited that set precedent in Federal Court for the 5th circuit in Texas, but my writ was going to the state court system of Texas and not federal. He had to find a similar state case and did. My point is, if you are filing a federal case your best cases to reference are in your circuit, and next… Read more »

Regarding the assessments in our tier proposals in California, I saw some information in a couple different stories in today’s newspaper that provided some tidbits against these assessments, which I strongly oppose other than to lower your tier. (Tiers should be set by offense, with the option for the registrant to apply for an assessment to have their tier lowered.) One case focused on the Los Angeles County Department of Children and Family Services’ use of assessments to determine risk of child abuse. They call that system Structured Decision Making. Well, there have been quite a few reports in the… Read more »

@ Anonymous Nobody, you facetiously said, “these assessments are always presented as scientific and of great accuracy and the perfect solution and absolutely necessary”. So true and sounds exactly like Medieval witchhunts: “Quick, tie her to that post and light the bonfire at her feet! If she burns, she’s a witch!”
A thousand years pass, but humankind remains willfully ignorant, entrenched in endless dark ages. 😩

Just as a reminder, Janice Bellucci, nor any other board member, do not answer any specific legal questions on this website. Of course they monitor the comments, but keep in mind they are working specifically for the lawsuits and other challenges at hand. If you would like to ask your question anyway, make sure that it is not directed to a specific person, unless it’s in a reply to that person. In any case, keep in mind that the advice is NOT to be taken as legal authority! If you need specific advice, I would advise you to obtain a… Read more »

Question:
I’m registered in another state, and have to do a 60 day jail stint in California. Do I have to register there? I’m surrendering day one, doing my time, then leaving the next day.

I have not seen it on the site but I understand that the IML was dismissed. We got a true intellect for a judge.
Very disappointing.

Maybe we should protest in front of the Judges home, about how she bowed to the big brother instead of making a just call.

A CALL.TO ACTION To all fellow RC’s, family, friends and loved ones, Hear my plea, and let’s act. As Janice and team go to court to fight for our rights and restore our freedom, I think it’s important for us to be active at lower levels of politics. It’s an election year and we’ve already been stripped of any Presidential Candidate who has any consideration of our rights. However, as we ponder which is the lesser evil to cast our ballot for, we need not sit idly by without paying attention to our local elections. Below is a script/letter I’ve… Read more »

??? Conundrum: I have received an invitation to our City’s “Annual Police Chief’s Breakfast”. 😶 The invitation is not altogether surprising since I’m very active in community activities and city government forums. (Furthermore, where I live that has, for many years, had problems with gangs, drugs and prostitution. The police have been done a very good job of addressing these problems and are very responsive to residents’ phone calls requesting action.) The police chief knows me and usually greet me by name with a smile and a handshake at public meetings. I don’t think he realizes that I’m a 290… Read more »

Congrats!

Be a shining example so as to dispel the false,monstrous thoughts the public loves to believe in.

Seriously, though, I don’t know you, but you make me proud and smile. I like hearing good stories or experiences. = )

I second your comment.

Thanks, New Person. ‘Glad I could bring you some cheer! 😊

Well of course you should attend David. Showing that a 290 registrant is just like everyone else and is interested in being part of normal society sets a great example for all of us.

Absolutely! And invite those other 200 registrants, as well. Print up some RSOL literature and distribute it.

Wow, David! Why are you asking a bunch of people who have no stake in the bad consequences that could arise from a wrong decision? There are plenty of registrants here who will gladly insist that you not only go, but also stand up on the table and shout your status and call the police tyrants. None of us can make that decision for you, brother. Personally, because I am a Christian, I can go directly to God in prayer and ask for wisdom and guidance. He only can be trusted.

While no huge fan of the po-po, I would say the politicians are the real tyrants. The police, when it comes to most PC290 enforcement efforts, are the legislatures’ goons collecting a paycheck. In fact I’d wager that most cops working the 290 desk are more on our side than they’d be willing to publicly acknowledge. Who else encounters on a daily basis more middle-aged men with careers, wives children and mortgages who’ve been registering and remained trouble free for 20, 30 or 40+ years?

You are right, Concerned Registrant, ONLY God we can trust. For pass 29+years I have experience God’s direct interventions even in what appears to be major set backs. Those, whom are on this site, personally knows God, through Jesus the Christ has hope and the light in this dark, dark world to help all, here, to victory.

@David, Yours is a perfect example of how productive the SO can be after their sentence is done and over. (I will assume that you have served your time and probation/parole) I admire you for being involved in your community. Not all cops are bad. If you weren’t caught up in this registration scheme, going to the breakfast wouldn’t even be an issue. You would just go and say thank you to your community. As it stands, you are constantly wondering when someone will tell the “Chief of Police” about your history. If he does know you are a 290,… Read more »

After serving my time, I’ve stayed away from cop shops except to register. I know this function is being held somewhere else, but it still will have a feel of a cop shop although many will be in plain clothes. I’m not knocking law enforcement, but they’re still a cog in the system that perpetuates this immoral system called the registry. If you’ve already been active in community activities and city government, I’m sure they figured out (especially the cops) that you’re a 290 registrant. And they probably overlooked it if you have been doing good in the community. In… Read more »

Go! David. I live in a small city and most cops know me and my pass and I have heard officers tell people that “Harry is a good person”. Go there as the good person you are, because 99+% of the RCs in this State are good people.

There is no legal prohibition on you going. So, if you want to go, go. As for Concerned Registrants comment about possible negative repercussions, I don’t know what that could possibly be. You don’t have to tell people you are are registrant. However, I will say, if they otherwise find out, there is no reason you should feel embarrassed or ashamed. Just pint out to them that that means you are the only one there who is believed NOT to have committed any new offense, since if you had, you would not be a registrant. Being a registrant can actually… Read more »

A new bill signed this week will make it easier for the wrongfully convicted in California to prove their innocence and be released from prison.

On Wednesday, Gov. Jerry Brown signed Senate Bill 1134 into law:

http://www.lakeconews.com/index.php?option=com_content&view=article&id=48003:new-bill-makes-it-easier-for-the-wrongfully-convicted-to-prove-their-innocence&catid=1:latest&Itemid=197

I went down to the local cop shop here in San Jose, yesterday to update my annual price club membership. I was told I had to fill out an extra copy for The California Department of Justice, because my case was so old (1988), they need to update my info every 10 years. I never had to do this before, and this is the 29th time I have had to register for this B.S. Has any body else had had to do this?

I’m looking for others in my area that have some miles behind them to talk to and possibly fellowship. San Jose is a very lonely place these days. If anyone would be willing, let me know here and we can figure out a place to meet.

O.A.L. I might not be that much farther along than you (probation ended earlier this year) but I might be able to provide some advice if your offense was possession. I’m not in San Jose but not too far away.

I was granted an early termination from probation, 17b reduction from a felony to a misdemeanor, and no longer listed on the ML site. Just know you’re not alone.

There should some type of common communique that RCs can be sent out, publish, post and or display stating, ‘that 99+% of Registered Sex Offenders are good and safe people’. We need a PR drive.

I have been saying this for a long time. That and be systematic about recruiting RC’s and their families to join local or state groups. There is strength in numbers and that would potentially help in raising funds. Even $5 or $10 a month would generate substantial funds funds that could be used for legal actions and money to create and fund a PR campaign. I also wish more would contact, CNN, 60 Minutes, Full Measure or Fareed Zakaria to investigate the entire SO issue and then publish their findings.

CASOMB should be the one publishing their reports to all California media. The only way I knew about the low re-offense rate was reading it here. What’s the point of the CASOMB again if it isn’t promoting these findings EVERYWHERE!!!! Their lack of propagation of the re-offense rate dropping for the past four years, with the last two years under 1% is a form of censorship that does not want the public and courts to know the truth. That is why the Ca judge who dismissed the case with prejudice can say that once a sex offender, always a sex… Read more »

My question is, what caused the drop in re-offence rate?

Unless there is proof otherwise, those who are pro-registry will claim that the registry and tougher punishments and restrictions are causing this to drop. This would be a major blow against us.

Ay, they could say that, but I don’t see that conclusion made here. Indeed the recidivism rate, including parole violations has gone down since the last report, so one can assume they are not tending to violate parolees so often. One can even go the other way and make the argument that less agressive violation policies produce less re-offense rate, but there is no other proof of that in this report. Nor can I find any mention of the affect of general registration laws on recidivism in paroled registrants in this report. It just doesn’t go that far. If they… Read more »

It’s cynical, but why would they have any interest in publishing data that might lead to their demise. Besides, the politicians who appoint the CASOMB people certainly don’t wish to have their preconceived (albeit erroneous) assumptions challenged by any actual facts.

Tears for Fears song as lyrics.. ..
“Time to eat all your words
swallow your pride
open your eyes”…
The words fit on the news of new California justice law signed by Govn. Brown and its about time court officials held accountable. Thanks Govn. Brown…!!!
http://www.latimes.com/local/lanow/la-me-prosecutor-misconduct-20161003-snap-story.html

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