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General Comments October 2016

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

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  1. ml

    Mike R,
    You seem to have an affinity for legal maneuvers. I think that you could possibly help us. I am a part of the RTAG group. Can you send me an email at latintravel@registranttag.org
    address to Mike

  2. New Person

    So I’m still thinking about involuntary servitude and how someone said it’s okay for jury duty or selective service.

    Now, I know you get paid for jury duty as well as excused from your job. Similarly, I presume the same for selective service, though it’s never been implemented.

    As a registrant who is not under any punishment custody, I’m forced to do service for free for life. Wait, that’s completely different than serving jury duty.

    Compensation is factor 3 of 4 for involuntary servitude.

    If involuntary servitude is not punishment, then it is prohibited.

    • There are other registries.....

      Thanks for the article from Seattle. It sheds more light on the false security provided in addition to the other non-SO registries out there beyond the OH drunk driving registry. Knowing there are others of differing types does not make the RC registry any more palatable, but it is interesting none the less because it does bear out the odds someone NOT on any registry is suspect also…..regardless of what happened….

  3. Anonymous Nobody

    Patch.com, a nationwide local news Website owned by AOL, is disgracefully posting a news story (maybe several all over the country) highlighting for Halloween that there are sex offenders in your neighborhood and pin-pointing where they are.

    http://patch.com/california/hollywood/4-sex-offenders-hollywood-2016-halloween-registry-map

    This is MUCH worse than the Megan’s Law website since this is pushing it out to people who otherwise would not care, throwing it in their faces and trying to scare them. And it is doing so on a localized, neighborhood approach, really targeting the registrants in that particular neighborhood.

    Something is very wrong about this. 290 bars even the police from pushing the information out unless they can show the specific individual they push it out about is really an imminent danger. Here we have Patch pushing it out about ALL registrants, and effectively saying all of them are a serious danger to children, and no matter what their offense was.

    How can it be that the police can’t do this, but anyone else can and with no oversight or limitations?!

    (And why do I find it hard to believe that there are only four registrants in Hollywood on the Megan’s Law website!)

    • Timmr

      Did you read my post with the attached brochure from the CDRC? This has been sent to schools. Its wording confuses parolees, sexual predators and registrants in general, and urges parents to look on Megan’s Law website to pinpoint the ‘predators’ in their neighborhood and call 911 if they see decorations. The shite comes from the top.

  4. pgm111

    I have a question and would appreciate any answers you all may have. I was convicted of possession of child porn and sentenced to 41 months. Been out almost three years and living in California. I was homeless the first twelve months then got an apartment. During this time I was not on the public registry. I was evicted for sub-leasing my apartment via Airbnb to generate additional money. Since September 15, 2016 I have been registered as transient and now I discover that I am on the public registry. I have not committed an new crime and my Static99R is Low.
    Can anyone tell me why I am now on the public registry? Can anyone point me to a California state resource that explains the policy on the public registry?
    Thanks for your help.

    • Janice Bellucci

      For those convicted of federal offenses, it often takes a year or more to be published on the Megan’s Law website. There are statutory exclusions which allow some people not to be listed on that website, however, the exclusions change when the law changes. The result is that individuals are some times added to or removed from the website due to changes in the law.

  5. Tired of this

    Maybe someone familiar with Nevada and federal law can help me out here.

    I was convicted in federal court in CA and first began registering in late 2006. I remember seeing something on my probation report indicating Tier 2. I’m assuming that was my federal SORNA designation, since CA is not a SORNA state. My home address wasn’t subject to disclosure on the ML site.

    I recently moved to NV and under current law here they classified me Tier 1. I understand in NV a Tier 1 registrant can petition for removal after 10 years of registering, but it’s unclear if that means continuously within this state, or total time registering anywhere.

    I’m confused as to whether or not I can petition for removal here soon since the 10 year mark is coming up, and whether or not my federal designation has any bearing on this (or if that only applies if I’m in a SORNA-compliant state). And I wonder, if I am able to petition for removal and am successful, if the AWA ends up being enacted, if I’d be required to register again.

    • Punished For Life

      Tired of this:
      Here’s the legal jargon:
      NRS 179D.490  Duration of duty to register; termination of duty; procedure; exceptions.

      1.  An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, the full period of registration is:

      (a) Fifteen years, if the offender or sex offender is a Tier I offender;

      (b) Twenty-five years, if the offender or sex offender is a Tier II offender; and

      (c) The life of the offender or sex offender, if the offender or sex offender is a Tier III offender,

      Ê exclusive of any time during which the offender or sex offender is incarcerated or confined.

      3.  If an offender or sex offender complies with the provisions for registration:

      (a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender; or

      (b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender,

      Ê during which the offender or sex offender is not convicted of an offense for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction the offender or sex offender resides or, if he or she is a nonresident offender or sex offender, in whose jurisdiction the offender or sex offender is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository or appropriate agency of another jurisdiction establishes a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

      4.  If the offender or sex offender satisfies the requirements of subsection 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender or sex offender satisfies the requirements of subsection 3, the court shall:

      (a) If the offender or sex offender is a Tier I offender, reduce the period of time during which the offender or sex offender is required to register by 5 years; and

      (b) If the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, reduce the period of time during which the offender or sex offender is required to register from the life of the offender or sex offender to that period of time for which the offender or sex offender meets the requirements of subsection 3.

      As I read it…. a tier 1 offender can petition the court to reduce from 15 years to 10 years with the 10 years of compliance. It does not say that these 10 years of compliance must be served within the state of Nevada.
      It was explained to me that if after being granted relief by the courts, number one, it is only good in the State of Nevada and it may or may not protect you if AWA is then authorized by our State. So there is still much work to be done even after years of this total mess.

      In the Las Vegas area, I can recommend Maggie MeLetchie and Alina Shell as attorneys who have a good handle on the SOR laws of the state. A good attorney is important IMO.

    • Punished For Life

      Tired of this:
      Sorry, I misspelled McLetchie.
      They can be found here:
      http://www.nvlitigation.com

      McLetchie/Shell is the firm who actually acquired the “Stay” over the AB 579 with the Nevada Supreme Court.

      I believe they have a lawsuit still pending with 17 “Does” vs Nevada over the AB579 or AWA.

  6. Bill Arthur

    I checked Patch in Chicago and neighborhoods here and can find nothing about sex offenders and Halloween, so I think this must be a local Hollywood story. Patch is famously edited at a very local level, so there must be some editor in that town who has created this. Maybe try calling them and complaining. Janice, how about threatening an injunction?

    • JSL

      Roseville, CA Patch also ran the article regarding sex offenders and Halloween. It is complete with step-by-step instructions for navigating the CA Megan’s Law website. It disgusted me so much that I unsubscribed to the Patch notifications. My husband gets dragged through the mud enough just having to be on the website after many years removed from his crime, jail sentence and probation. Now this Patch outfit finds it necessary to save the cities from the boogeyman on Halloween.

    • C

      For kicks I checked the Patch article. Here’s a link to the author’s profile.

      http://patch.com/users/paige-austin

      Since her phone number is posted, she obviously is open to calls from citizens offering their input on her stories. I’d love to know why, when the greatest danger to trick or treaters is getting hit by a car, she chooses to perpetuate urban myths and place US in danger of vigilantes.
      Indeed, as far as Halloween safety goes, her post has zero value.

  7. NPS

    Intersting article in SF Chronicle:
    http://www.sfgate.com/news/texas/article/Tracking-violent-ex-cons-Registries-grow-but-do-10421934.php

    You’d think with all the data, they’d abolish all registries as they are counterproductive. But no! They want more.

  8. mike r

    See also 42 USC § 16913 for federal law…..And no Timmer I dont have the specific rates but they are in the reports that I have posted….

  9. O.A.L.

    To Ms. Bellucci,

    I just don’t understand any of this. With all the evidence that has been brought forward about the low re offense rates, the studies showing the counter productiveness of the registry, the violence towards us that is completely ignored as a valid hate crime, I ask why. Why can’t you find one politician that will take a moral stand. I will gladly sacrifice my life to bring attention to this horror. I almost sacrificed it in Iraq, and that was for something I didn’t believe in. For this, my death would give meaning to a cause.

    • HOOKSCAR

      OAL,
      You need some perspective.
      A) you not need to be a martyr, you will only give the government a smile.
      B) start looking at the bright side, we will get old and die.
      C) next time you go to renew your price club membership, make it known that you are there to waste peoples time and money.
      No matter the issues you have endured, fact is that the sun rises and sets. That does not change. We can only control that that is around us and us of course.
      Practice the three “M’s”
      Monitor yourself and make sure all you do is a benefit to yourself and others.
      Make a commitment to yourself.
      Modify your environment. Get rid of those that are a hindrance to you.
      This last one is hard. I do not talk to my father and siblings. Do not have room in my life for hypocrites.
      Be strong.

  10. David Kennerly

    Dayton, Minnesota passes restriction on sex offenders living near churches, pumpkin patches & apple orchards.

    Yes, you read that right!

    http://www.startribune.com/freed-sex-offenders-in-a-catch-22-amid-community-backlash/399169141/

    • Heads in the proverbial sand....

      …typical hysteria in the Land of 10,000 lakes….have their heads in the proverbial sand (or snow soon enough where they will driver their hysteria even further because of cabin fever)

      They are more concerned with those already locked up well beyond their terms being completed and deemed safe than those who are openly threatening to commit sex offenses against residents ( http://www.wnd.com/2016/07/muslim-refugees-threaten-minnesota-community-with-rape/)

    • wonderin

      Great story and some of these hysterical parents need to be in group therapy right along side of these offenders as they ALL deal with their dysfunctional thinking.

  11. Rick

    To David K

    All of those people should be arrested and their kids taken from them for endangering the public because of their phobias. You can’t allow people to get their way because of fear, if u do u might as well throw out the constitution and law. But this is all the result of the SCROTUS decision in Smith v Doe. All of the scrotum members should be hung from anything capable of hanging them.

  12. NotLikingCA

    Suppose you’re a 290 in CA and you want to spend 2 weeks in Vegas. If you drive to Primm and buy a CA lottery ticket every 47 hours, you never have to register?

    • Renny

      If you are going for two weeks, just register.

      I only go for two nights a year at the most and do not trigger the need to register because of a morning ride to Primm and back.

      I just do not want to waste my 45 hours in Vegas with half a day registering. If I was going to stay for two weeks, I would just register and then be worry-free and enjoy my vacation.

      Nevada is not telling you they are going to kill you, they just want to know where you are staying.

  13. David Kennerly

    David Post writes on the Washington Post today: “A setback for First Amendment protection for anonymous speech”

    This is in regard to Illinois Supreme Court upholding the provisions of the Illinois sex offender statute compelling disclosure of all “Internet identifiers.”

    https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/10/31/a-setback-for-first-amendment-protection-for-anonymous-speech/?postshare=4021477937411983&tid=ss_tw&utm_term=.a5e0064e3f1d

  14. Punished For Life

    NotLikingCA,
    This exact issue was brought up on one of the conference calls a few weeks back. I believe that it was mentioned that although you would have a receipt showing you were out of the State of Nevada and the clock should indeed reset with each visit to Calif. during your vacation…..It too would be a good idea to move to a new hotel each 47 hours as well. I mean would you trust law enforcement in Nevada to just say “No Problem”.
    I would somehow fear a Prosecutor would find a way to convict if you retained the same address ie: “The same hotel for 2 weeks straight”.

    • NotLikingCA

      It was mentioned on the conference call but Chance said that he didn’t want to give specifics of what he advised. I’m not exactly sure what the point of the conference calls are if they’re not going to give specific answers, so hopefully the comment section will help.

      • NotLikingCA

        Actually, listening to it again, it was Janice who said she wasn’t going to give the specifics of how they resolved it. Which is unfortunate, because that’s exactly what I need to know.

  15. James

    I’ll venture into this thicket….this is not specific legal advice, and I can see were Chance and Janice wish to back up a little on this.

    People, meaning us, want to push the rules…(maybe because we hate them and rightly so, but this is not what is at issue)…and a simple suggestion that it might be a good idea to step out of the state to re-set the clock…is a nice idea…for very limited use.

    But I have seen this balloon a maybe two week project for some people….this seems just crazy to me and too cute by half.

    People are going to have to accept that Nevada and Las Vegas specifically has become dangerous for us…and don’t play around…maybe one trip and a change in hotels and you can get away with 3 1/2 days….but you are starting to look for trouble in any longer time frame and, some people will be blaming this on Chance or Janice if they get caught in this tricky overstaying in Las Vegas.

    This is why you won’t be getting a specific and hard answer on this…there is no good answer, except to be damned careful.

    The responsibility is always yours.

    Really, I wish everyone well, but I will at least be honest with you, give it to you straight.

    James

    • Renny

      I spent 18 hours in a North Las Vegas holding cell….

      I would HIGHLY recommend that if you are going to be in NV, especially Vegas, for over 48 hours, just follow their rules, and notify/register as they require. I cannot speak for all the NV holding cells, but I spent 18 hours in the NLV holding and spent the night in the Naples, Italy and two nights in the Medellin, Colombia jails and I would much rather go back to Naples or Medellin than even LOOK at the NLV place again.

      So my half-cent’s worth…. just register unless you are only there for 47 hours or less cumulative.

    • Punished For Life

      ABC,
      And it’s not retroactive. Begins Nov. 1…
      Why not do like they do to us and go back to 1947 and add all abusers to the list.

    • Paul

      Welcome to the “Slippery Slope”! Next, it’ll be restrictions on living within so many feet of a place where animals may congregate. And internet identifiers in the event a person on the registry may be communicating with people about animals. And passport identifiers and notifiers for registrants wishing to travel to countries where animals may be present. And that 3, 5, and 10 year thing? Before the first person comes off the registry, that’ll change to 10, 15, and 20. And then 20, or life. And then just life. Also, let’s not forget April 11th, which is National Pet Day! Absolutely no celebrating will be allowed. PERIOD.

      • Rick

        To Paul,

        Lol, I shouldn’t laugh they might just do that, don’t give them ideas.

    • O.A.L.

      A felony / misdemeanor stupid registry should be put into affect, with pictures I.Q. #s, and relavent acts of stupidity performed. We would then know whom actually to avoid contact with. Unfortunately, all of us would still be on this, because our actions showed a complete lack of sense. But then 95% of the nation would be joining us, so the whole thing would be mute. ( sarcasm )

      • Timmr

        Sarcastic but with a ring of truth. I wonder if this country is just too far gone to recover some common sense.

    • Rick

      To ABC

      Seriously, registering and tracking those convicted of animal abuse, what about child and human abuse, like the idiots who passed this law. Oh, these caring loving people are so full of crap. Here’s what I have to say, kiss my @$$, lol. Yea, now animals have more rights than humans. Anything to make a buck for the county.

  16. O.A.L.

    Is there a blog available for chatting and sharing commiserating? If not, would it be possible to start one here, or maybe link it to this site? I have found a few that address the needs from a “co- offender” stance, such as wife, friends, dependents, etc. Any help or direction would be greatly appreciated.🙏🙏

  17. O.A.L.

    The Wisconsin authorities are not calling the attack/ death of the Saudi student a hate crime as of now. Aren’t ALL attacks made against a person where no profit or gain is involved a hate crime? Liquor or anything else should not be a mitigating factor . We are supposed to be a “civil society”, and therefore attacks show a complete lack of control and in most cases an underlying pathology. The current political and legal climate is close to condoning such actions and we are no longer safe from someone acting on the most bigoted of ideal. While overseas , I heard many times, ” hurt one of ours, and two of yours will suffer the same fate”. I see no need to change that mentality given the situation we are facing.

  18. O.A.L.

    Getting the visual media involved in our cause is ( I feel ) the best course to take with regards to public notice and education. So many are ignorant of laws in place adversely affecting post incarcerated Americans. Since over half of our citizens don’t spend any time reading , A well made movie in documentary form could go a long way. Micheal Moore comes to mind. The offender population is not the only group affected, and the bad reputation that our penal system has already could fuel this type of coverage. I attempted to contact him, but since I am not allowed on many forms of social media, my attempts were thwarted. Any else willing to try?

  19. O.A.L.

    I just found out today that my professional liability insurance will not be renewed, my credentials will not be renewed in Jan 2017, and with that I will not be able to work in my profession. I worked with seniors health for over 18 yrs, and now I have nothing. I am too young to retire and receive S.S. , I live in bay area, so menial labor won’t make survival possible, and with a yr left on probation and this B.S. offender treatment, I have a feeling I should just pull the handle and flush. I listened to int. Travel call, and that told me that getting back to my home is all but a distant dream now. I met my love on a new years eve and lost her on my birthday. I will find her again on new years eve.

    • Rick

      Sorry to hear that about your profession and licensing. Hope there is something that can be done to allow you to continue with the work you do, esp something you enjoy doing or are good at it.😎

    • abolishtheregistry.com

      Is there nothing you can do legally to challenge it?

      • O.A.L.

        Thx, but unfortunately no. The state deams me dangerous to vulnerable populations, so they ban me from working in state assisted facilities, which is all.
        To put icing on their oppression, probation won’t let me work in public facilities such as gyms, etc. for same reason. I have to turn away 6 figure offers ( rehabilitate?)Since no one wants to educate themselves or just avoid the appearance of liability, associations I previously was in excellent standing with, create obstacles that mimic ” the box” for joining. I was awarded” trainer of the year” by the same organization that refused to renew me.
        The hell keeps getting hotter. Contrary to the B.S. that non registrants involved here and in the community say, it is and will continue to get worse. Not for me, because it can’t get any worse. Electronic branding, monitoring of daily life, restriction of movement within the community, elimination of employment opportunities, separation from loved ones. And this creates a safe environment? I am not mad anymore, I need feelings to be mad, and I lost those way back. I have personally seen in Iraq what happens when someone has nothing to lose. The survival instinct dissappears.

        • Chris F

          This can obviously only go two ways. You hit zero and rebuild, or you give up and let the oppressors win. I am hoping you find a way to rebuild or redirect your life to helping others in the few ways that a sex offender can do that. I wish you the best, and hope that when the moment comes for you to choose that you find the strength to do the harder thing, which is to live.

        • abolishtheregistry.com

          I’m sorry that’s happening. I know what it feels like to take pride in work then have that opportunity ripped from your grasp. I’m sure many can relate. How about different avenues, such as online trainer (which is the new thing) to opening your own business? Try something, anything online or even placing the business in anothers name. If you have someone you trust. If you’re worried, draw up a contract that gives you sole ownership and pays them additional for “front man” status. I don’t know what your expertise is specifically but there’s always a way around things.

        • ML

          You might consider moving to another state and working as in independent. Take some of the larger cities in TX. You do not have to have a license to be self employed as a personal trainer. If you use Craigslist or avenues, to find customers, you might have a chance. In TX, now your place of work is not listed on the registry. It is just a thought.

  20. Bill Arthur

    Despite two thorough research studies that have debunked the high recidivism rate (2013 and 2014) by respected criminology professor Lisa Sample, the media still gets it totally wrong, breathlessly publishing scare stories on the rare occasions when a registered citizen reoffends. Here’s a description from Nebraska, with links to the studies.

    https://nebfacts.blogspot.com/2014_08_01_archive.html

    Dr. Sample should certainly be called upon to testify on her findings in the IML appeal/new case, Packingham, or other legal challenges. Here’s her address: lsample@unomaha.edu

    It does seem that maybe a productive avenue would be a media launch with professional PR, to underpin the court cases. I think that affecting positive public attitude was instrumental in legalizing marriage equality (no, all gay male parents don’t molest their sons).

  21. Phillip

    I have a unique case. Was convicted in 2007 unlawful sex with minor it was consensual Romeo Juliet situation she was 15 I was 24. My attorney plead me down to a misdemeanor.pc 243.4 (e) And was released after 6, months with probation. Went to college for a few yesrs.on GI Bill. (Ten years US Navy) completed my probation while going to school. I never had a parking ticket in my life before all this. and after taking a break from college because I needed to get a job. I was actually hired by a hospitality company. I always wondered why my conviction never showed up I was hired and even passed the background check no issies. I worked as Sanitation janitor for 4years. had a decent job union benefits. Unfortunately i failed to register it was my fault in 2013. I’d never failed to register but this time I put down wrong number to my apt by accident I feel so dumb . Well I got a misdemeanor and informal probation .over this Jan 2017. The company never knew about the conviction and I went on working
    New company came and took over and unfortunately that last conviction showed up. And I was no hired on. I wonder why my original conviction never showed up when I got hired. Well I got the results of my application back with new company. In summary I passed everything. I’m wasmt a convicted felon or on parole. Even did not show up on sex offender registry. But my misdemeanor did. Failure to register as a RSO. Everything else i passed. It’s been hard. Looking for jobs. I left in March. I’m trying to keep !y head up and find a job but the stigma behind the seeing RSO most companies won’t even hire me. Thank God I had unemployment for a while but that’s run out. I’m glad I got to vent on here with people in the same!e boat. I always wonder if I would of never gotten that last Misdemeanor if I would still had that job or they would of done a deeper background check. Idk it never came up even said on the application. RSO pass YES. Im not on any SO registry site or on Megan’s law or anything. Well hope someome can give me so!e advise. I just want a normal life a job so I can enjoy !y hobbies online ga!img with !y friends. I don’t wanna become homeless. Even as a veteran there is only so much the VA can help with. Well any suggestions help support would en awesome! Thanks for listening! Hope to hear some positive feed back! Cant wait to get back to work! I have ton of skills. Im in California.

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