***UPDATE 2: The hearing for this bill (see below) has been postponed indefinitely. We will post any new date as soon as we become aware of it. *3/1/2017)*** ***UPDATE: letters regarding this bill addressed to Senate Education Committee Chairman Ben Allen can be sent by E-mail, which saves postage and time. The E-mail address is for staffer Irma Kam is Irma.Kam@sen.ca.gov. *** The Senate Education Committee is scheduled to consider Senate Bill 26 (SB 26) on March 8. This is the first of two committees slated to consider the bill which would…
Read MoreMonth: February 2017
SCOTUS: Argument analysis – Justices skeptical about social media restrictions for sex offenders
At today’s oral argument in Packingham v. North Carolina, a challenge to a state law that imposes criminal penalties on registered sex offenders who visit social networking sites, Justice Elena Kagan suggested that social media sites like Facebook and Twitter were “incredibly important parts” of the country’s political and religious culture. People do not merely rely those sites to obtain virtually all of their information, she emphasized, but even “structure their civil community life” around them. Justice Ruth Bader Ginsburg echoed those sentiments, telling the North Carolina official defending the…
Read MoreSCOTUS: Court may strike law barring sex offenders from social media
WASHINGTON — The Supreme Court appeared likely Monday to strike down a North Carolina law that prohibits sex offenders from using Facebook and other social networking sites. At least five justices suggested during argument that they would rule for North Carolina resident Lester Packingham Jr. He was convicted of violating a 2008 law aimed at keeping sex offenders off internet sites children might use. Packingham used Facebook to boast about beating a traffic ticket. The state’s lawyer said the law deals with the virtual world in the same way that…
Read MoreMN: Fate of MSOP Now Rests With the Supreme Court
In June, 2015, the US District Court for Minnesota determined that the 700+ clients at the Minnesota Sex Offender Program were being unconstitutionally confined. In January, 2017, the US Court of Appeals for the Eighth Circuit said they’re not. What explains the conflicting opinions? A three-judge Appeals Panel said District Court Judge Donovan Frank did not apply the proper standard: to be unconstitutional, civil rights violations for SVPs must “shock the conscience.” What’s wrong with the “shocks the conscience” standard? If, until the Supreme Court intervened in 2008, executing sex…
Read MoreNY: Danger to society: Shouldering the cost of housing sex offenders
Sex offenders virtually “disappear” in civil confinement, undergoing long rituals of behavioral and psychological therapy, from pinpointing and managing sexual arousal factors to polygraph tests uncovering dark sexual histories. If successful, they can be released into the community under intensive supervision. If unsuccessful and still deemed a public risk, they can remain in confinement — indefinitely. And while some in the public see this as a plus, concerns are already being raised by state officials about the sustainability and cost of a program that continues to grow in numbers with few success…
Read MoreNE: STATEMENT OF OPPOSITION TO NE LB 300
Below is a statement of opposition to a Nebraska bill that eliminates all statutes of limitations on civil lawsuits against people accused of sex crimes. You may find it useful against similar statutes in other states. Full Statement
Read MoreFL: Putnam County hires ‘Sex Offender Compliance’ specialist
Putnam County announced on Friday that they had reorganized resources and created a position known as a “Sex Offender Compliance Specialist.” The Florida Sex Offender Registry said that there are currently 305 sex offenders in Putnam County. The county says the specialist “will work in conjunction with the current offender compliance program as a means of providing critical intelligence for investigators by assessing risk-related changes in offender’s behavior.” “We refuse to allow Putnam County to become a safe haven for sexual offenders and predators,” said Gator Deloach, who was elected…
Read MoreSCOTUS: Court to consider social media access for sex offenders [updated with media links]
In April 2010, Lester Packingham’s traffic ticket was dismissed, prompting him to take to Facebook to celebrate. He posted that “God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent . . . Praise be to GOD, WOW! Thanks JESUS!” … Based on his Facebook post, Packingham was charged with violating a North Carolina law that makes it a crime for a registered sex offender to “access” a “commercial social networking Web site” when he…
Read MorePresident Trump: War on Human Trafficking
According to the FBI, human trafficking is believed to be the third-largest criminal activity in the world. In recent years cases have been piling up and leads are hard to follow in many instances. President Trump has vowed to bring “full force and weight” to battle this epidemic aggressively . In a Reuters video the president pointed out the seriousness of this issues in America and worldwide. A short synopsis of the statements maid by President trump indicate that globally nearly 21 million people are victims of human trafficking, according to the…
Read MoreThe Transformative Potential of Doe v. Snyder
In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law. Full Article…
Read MoreACSOL Board Selects Janice Bellucci as Executive Director; Elects Chance Oberstein as President
The board of directors for the Alliance for Constitutional Sex Offense Laws (ACSOL) has selected Janice Bellucci to serve as its first Executive Director. The ACSOL board of directors subsequently elected Chance Oberstein to replace Bellucci as President. “I am honored to serve as the first Executive Director of ACSOL,” stated Bellucci. “In that capacity, I will be responsible for conducting the day-to-day business of the organization including advocacy in the State Capitol.” Prior to his election as President of ACSOL, Oberstein served as Vice President of the organization for…
Read MoreMurrieta City Council Revises Residency Restrictions
The Murrieta City Council unanimously voted in favor of revising its residency restrictions on February 21. When it becomes effective, the revised ordinance will apply only to registrants on parole who live within 1,000 feet of schools and parks. The revised ordinance also limits the number of registrants who can live in individual housing units and creates exceptions for some disabled registrants. “The revised residency restrictions adopted by the City Council tonight will violate the Constitution and be inconsistent with recent decisions by the California Supreme Court,” stated ACSOL Executive…
Read MoreSCOTUS: Removal of an immigrant for “sexual abuse of a minor”
The facts of the case sound like an episode of “Law and Order SVU.” In 2000, Juan Esquivel-Quintana’s parents lawfully brought him to the United States and settled in Sacramento, California. When he was 20 years old, Esquivel-Quintana had consensual sex with his 16-year-old girlfriend. He later pleaded no contest to violating California Penal Code § 261.5(c), which criminalizes sex with a person “under the age of 18 years” when the age difference between the parties is more than three years. Esquivel-Quintana was sentenced to 90 days in jail and…
Read MoreReason Magazine Questions IML Decision, Other Federal Government Actions
The April 2017 issue of Reason magazine is focused upon federal government actions that result in harm to registrants and their families. The magazine is currently available by subscription only and can be obtained at a price of $15 for an annual digital subscription at www.reason.com. The magazine includes a discussion of our challenge to the International Megan’s Law (IML) and includes accurate statements about the lawsuit and some of its plaintiffs starting on page 34. The article also criticizes the judge’s decision and concludes with the following statement: “What’s…
Read MoreThe Man Arrested for Praising Jesus
Lester Packingham’s Facebook post is headed for the Supreme Court… Lester Gerard Packingham was having a really good day back on April 27, 2010. The North Carolina man had just learned that a traffic ticket against him had been dismissed, so he logged onto his Facebook account and gleefully told the world: “Man God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent… Praise be to GOD, WOW! Thanks Jesus.” Full Article Packingham v.…
Read MoreOR: Lawmakers debate proposal to add sex traffickers to public registry
Should more sex offenders be listed on Oregon’s public sex offender registry? State lawmakers discussed the topic on Thursday as they considered a bill to add convicted sex traffickers to the state’s public website. Full Article
Read MoreBill Would Eliminate Exclusions from Megan’s Law Website (AB 558)
A bill was introduced in the California Assembly on Feb. 14 that would eliminate most exclusions from registrants’ information being posted on the Megan’s Law website. The author of that bill, Assembly Bill 558 (AB 558), is Assembly Member Sharon Quirk-Silva, a Democrat from Orange County. If the bill is passed, information regarding some registrants whose victims were 16 years and older, successfully completed probation or were convicted of incest and others would be added to the Megan’s Law website regardless of when the offense occurred or whether the registrant…
Read MoreCompanies Expanding Employment Opportunities
More than 100 companies have announced that they are now willing to hire individuals previously convicted of a felony offense. The companies range from McDonald’s to the New York Times and also include American Express, B F Goodrich, Dunkin Donuts, Hilton Hotels, the Salvation Army, Target and others. It has been reported that some, but not all, of these companies are willing to hire individuals convicted of a sex offense. California law prohibits employers from discriminating against a registrant solely because he is required to register as a sex offender…
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