Comments that are not specific to a certain post should go here, for the month of April 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Related posts
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Changes to be Made in Treatment for CA Registrants on Parole
Source: ACSOL The California Department of Corrections and Rehabilitation (CDCR) has agreed in writing to stop... -
RI: Cranston YMCA employee fired for letting sex offender on grounds
Source: wpri.com 5/16/24 The YMCA of Greater Providence (GPYMCA) fired an employee earlier this month after... -
TN: Tennessee will remove HIV-positive people convicted of sex work from violent sex offender list
Source: abcnews.go.com 7/19/24 NASHVILLE, Tenn. — HIV-positive people who were convicted in Tennessee of sex work...
Tiered registry 4/18 bill hearing cancelled by author anyone have any info?
I was researching the Ira Mark Ellman debunking of the SCOTUS “frightening and high” recidivism lies that were provided by the Solicitor General, and came across this from 2015:
https://sosen.org/blog/2015/06/17/time-to-file-a-petition-for-writ-of-error-coram-nobis-in-smith-v-doe.html
For more on Error Coram Nobis, see this:
https://en.wikipedia.org/wiki/Coram_nobis
So my question is, is it “ripe” to challenge this given the current Packingham case working its way through SCOTUS and what would have to be done to challenge Smith V Doe and Conecticut Dept of Public Safety V Doe? Would the original McKune v. Lile, 536 U.S. 24,33 (2002) have to be challenged as well, since that is specifically when the SG provided false and misleading data?
Does it have to be challenged by only those that originally challenged it, and are they still alive?
From what I read, it looks like it has to be challenged by the original person in the same court, but perhaps since the original case infected so many after it, that anyone in a previous challenge like Smith V Doe or Con Dept of PS V Doe could also challenge?
I read that this challenge worked against the Japanese internment issues from WWII.
Something needs to be done. We can’t just live with injustice if there is a means to fight it.
FYI for those of you seeking a passport…
I got my new passport a couple weeks back and there’s no Scarlett Letter on it. If you’re thinking of travelling soon, you’d better go ahead and get one while the gettin’ is good. I can’t imagine trying to find a hotel that would let you stay with something like that written on your passport. And showing that at the airport ticket counter… I just wouldn’t travel at all. And that’s of course what the Congress wants. We’re not wanted in the US anymore, but they don’t want us leaving either.
Does anyone know of a counselor or therapist that is sensible and is willing to provide assessments for Cert. of Rehab? I’m looking for a professional in the State of California, I guess it really doesn’t matter where.
Doesn’t it seem odd that (for the most part) legislatures don’t impose residency restrictions retroactively? Hmm, perhaps they see it as unconstitutional in some way. In my state I’m a risk at 1500′ if convicted prior to July 1, 2006, but if convicted tomorrow, I become a risk at 3000’…unless I had already established residency prior to the conviction. So let’s get this straight, risk is based on date of conviction or when I move in to a place, not on anything to do with my crime or my personal risk level. Yup, non-punitive all the way.
–AJ
Has anyone had a Saturday compliance check?
I installed a camera for the primary purpose of knowing the comiance check had been done. So far the closest thing was last Saturday when two men came by the house when I was out. They were dressed professionally and could have been cops, or they could have been Jehovah’s Witnesses.
Anyone ever get a visit on a Saturday a.m.?
How’s this for irony… I get an email from my kid’s school. They want me to fill out a survey. There’s a link to a survey online and the questions are of the type where they range from Very Much to Not At All and you click somewhere in between.
The second question is: “I feel welcome when I visit my child’s school.” Ha!!! If I was sure it was anonymous I’d be sure to select Not At All but I don’t want any chance that it can get back to me.
A question since I’m here anyway… This October 15 is the halfway point of my probation. I am definitely going to try for the felony reduction, expungement, and early termination. My question is this… how long does the process take and when can I start? Halloween being what it is for us here in California is there any chance I’d get it all done before then? Thanks!
I was unable to participate in yesterday’s conference call about IML. If someone could provide a brief synopsis or, better yet, post the audio to that conference online, that would be terrific.
What I really want to know is if a new challenge is about to be filed and in what District and how it may differ from previous lawsuit.
Thanks!
For anyone that wants to challenge the entire Sex Offender registration scheme, this is a must read article:
https://www.bu.edu/pilj/files/2015/09/19-2RileyNote.pdf
It is called “TRIAL BY LEGISLATURE: WHY STATUTORY
MANDATORY MINIMUM SENTENCES VIOLATE THE
SEPARATION OF POWERS DOCTRINE” by KIERAN RILEY.
You can easily replace the words “statutory mandatory minimum sentences” with “SEX OFFENDER REGISTRY and any laws written against those on it” and you’ve got numerous perfect arguments with referenced SCOTUS cases that demonstrate how the registry and all laws referencing it violate the separation of powers.
It’s a pretty quick read, so I recommend it to everyone. I especially like the part in section 301 (pg 17) that talks about Bill of Attainder.
There is WAY too much good stuff for me to copy and paste here, so please read it all, but here is a snippet:
Individual criminal defendants need to be protected against “the occasional
excesses of the popular will.” It is the duty of the judiciary to protect them
and to uphold our constitutional system of checks and balances that is “precise-
ly designed to inhibit swift and complete accomplishment of that popular
will.”
Found this old report (Sept 2007) and had to shake my head that for almost 10 years experts have been beating the drum in our favor, so far all for nothing.
https://www.hrw.org/sites/default/files/reports/us0907webwcover.pdf
Well guys. We gave it our all. Gorsuch is on the court. I guess we’re screwed. Maybe not today, maybe not tomorrow. But we’re screwed.
Here’s an interesting item and outcome involving what was argued as an unconstitutional “mistake of age” statute (https://ryangarry.com/wp-content/uploads/2015/01/Memorandum-redacted.pdf). Though only a District (County) Court level decision in Minnesota, it might still be a useful precedent or angle of attack for someone out there.
Here’s the write up from the attorney’s website:
Our client was charged with Felony Criminal Sexual Conduct and Possession of Child Pornography relating to sexual encounters with a 15-year-old. Our client believed (and had evidence of his belief) that the 15-year-old was really 16 (the age of consent in Minnesota). The law in Minnesota prohibits anyone more than 10 years older than the victim to raise the “mistake-of-age.” defense. Ryan and Elizabeth raised this issue before the district court, arguing that the law was unconstitutional that someone who was 10 years older than the victim could raise as a defense the mistake-of-age . . . but someone who was 11 years older could not. Our client was far older than the victim, but the same logic applied. The judge agreed and ruled that the defense could raise the mistake-of-age defense. The government dismissed the criminal sexual conduct charges and allowed to a lesser plea of guilty immediately prior to trial, a plea bargain that we were seeking since the case began.
So, I just had the pig probation department come knock on my door for the first time since I was released from county jail 7 YEARS AGO!!!
I am so pissed off.
Random probation do you live here check. **** 8 of them in my driveway and on my porch.
I was in my underwear, just got home from work, getting ready to get in the shower and my wife is cooking dinner.
She sees them all walk up and tells me as I’m in the hallway in my underwear.
I asked them through the window what’s this in regards to? And this **** says “open the door and I’ll tell you.” I said “no, tell me why you’re here. She’s says “open the door and I’ll tell you.” I said “no”
Then she says “we just want to make sure you live here.”
I threw the door open and said “yep! I do. My cars! My house!”
All of this while my 6 & 7 year old daughters are hanging out in my garage enjoying themselves.
The moment I opened the door they all started walking away before I could say anything else.
From a distance I screamed “so will I see you again in 5 years?”
Her response “randomly”
I will never open my door for these people again. EVER.
If anyone has a script I could use to let them know that I am aware of my legal rights and I’m not opening my door and they can go away please post for me!
Thank you, RC’s that are mostly all normal damn citizens!!!
I swear to god next time after this I invoke all of my rights and tell them to Lind **** sand and go away. I know my rights and the law. Register once a year. That’s it. NOT submit to address checks. **** them. The girls and zoey kept me from telling them to **** OFF
***While we agree with your sentiment, in the future please refrain from using certain 4-letter terms. Thank you. Moderator***
The pessimist in me has been having his day of late, giving me concern things will turn out poorly for us. It then occurred to me that perhaps we’re going about it all the wrong way. Instead of stopping the creep of the registry and its inane rules, maybe we should be pushing for wider expansion. The more trapped by it, the bigger an issue it will be. It may be easier to get it to collapse under its own weight than to try to get it to lose weight. Let’s nail the parents with felonies and registration when their kids sneak in and see their movies and magazines. Let’s force ANY citizen of ANY age to register for life for as many acts as possible. Two-year old ran out the door away from the babysitter trying to bathe him/her? Sorry babysitter, and kid, on the registry you go…for life. Oh and babysitter, you’re also in trouble for trafficking for letting others see a naked kid.
Given the historical “rational” scrutiny these things have gotten, they should all be legal…and non-punitive. C’mon, let’s get the whole country on registries!
Then, let’s also make it mandatory that LE do in-person compliance checks every 90 days on every RC. If it’s no inconvenience and good enough for scum like me, it’s good enough for them. Make it kind of like a watch-clock system for LE. 🙂 Missed one, officer? Sounds like you’re conspiring with a SO felon…that’s a felony. On the registry you go…for life.
Is my point ridiculous? Certainly, but it may end up being the only route if SCOTUS rules against us in Packingham, and possibly in Snyder.
–AJ
Hey everybody, I just read a 2012 article from Slate reporting on the percentage of students “physically” molested by their K-12 teachers: one report and two surveys discussed in the article. Turns out that the report says 6.7 percent of students, and the two surveys of adults came in at 3.7% and 4.1%. Shocking! The percentage of teachers committing sex crimes is so much higher than the reoffense rate for registrants. Who will join me in calling for all teachers everywhere to become registrants and be added to the Angel Watch notices so that those terrible “educators” are not allowed to travel to other countries and place children in danger?
Here is the article: http://www.slate.com/articles/news_and_politics/explainer/2012/02/is_sexual_abuse_in_schools_very_common_.html
Hey, I just read this article from the New York Times from last year. Turns out that hundreds of police officers in Britain have been sexually attacking vulnerable people.
https://www.nytimes.com/2016/12/08/world/europe/uk-police-sexual-abuse.html?_r=0
Shocking! Outrageous! We must do something to protect the vulnerable from these sexual perverts. Who will join me in calling for an international registry to be created for all police officers? We can’t allow those perverts from travelling to other countries and abusing their authority. We should put a mark in their passports and send notices to any countries they might want to visit.
Hey, everybody. It occurs to me that maybe we have been going about improving our situation in the wrong way. We keep trying to use empirical evidence to show that the dangers of reoffense don’t justify a registry. You and I understand this, but others don’t want to hear it. I once heard that the best way to refute absurdity is with absurdity. So maybe we should just present the higher odds of being sexually abused by a teacher or a police officer in our favor. Let’s get everybody registered and prevent their travel.
California registrant here not on parole/probation looking to rent a place and unsure about the restrictions. Is it still the state law of 2000 ft from park/school/daycare? I read somewhere that the 2000 ft restriction was lifted except for city ordinances, but I’m really unsure about it. Any clarification is appreciated, thanks!
NRT,
If you’re not on parole/probation then the State of CA has no residency restrictions. Some cities do have residency restrictions, but they have been found unconstitutional and Janice has been actively and successfully getting cities to remove them through lawsuits. If you are wondering about a particular city, just send Janice a message through the contact link at the top of this page. I think that most of the cities that had/have restrictions are located in Southern CA. I don’t think this has been an issue in Northern CA.
Trop v. Dulles
356 U.S. 86 (1958)
2. Even if citizenship could be divested in the exercise of some governmental power, § 401(g) violates the Eighth Amendment, because it is penal in nature and prescribes a “cruel and unusual” punishment. Pp. 356 U. S. 93-104.
https://supreme.justia.com/cases/federal/us/356/86/case.html
Might be worth looking at.
Was there a recent conference call regarding the IML?
This man needs our help. His name is Todd Nickerson, and I swear if the dislikes on this video outnumber the likes it means a win for the neo nazis who are advocating genocide against us. This cannot be tolerated, and you all must rise to the occasion and rush to this man’s aid as I have. The hour is very late. https://www.youtube.com/watch?v=k-Fx6P7d21o
Regarding the recent teleconference on IML, my comments:
The question from Todd as to whether Registrants have fewer rights when their electronics are being searched at the border should be directed to a ruling several years ago which SPECIFICALLY EXCEPTED Registrants from protections against such searches. Sorry, I don’t have it before me but it was very much a news item several years ago. Chance was right that rights protecting us against border searches were far fewer than non-border searches but, at least one federal judge decided that searches of electronics by Customs were not given a blank check EXCEPT if the traveler was a sex offender. So I would have to disagree with Chance when he said that the sex offender status of a traveler is not “probable cause.” The judge specifically said that it is.
Also, and regarding Todd’s friend who was turned away at from the Dominican Republic having NOT given 21 Day Advance Notice, there is one other explanation not proffered by either Janice or Chance and that is that INTERPOL has us in their database (they have said so, after all) and it was this database which alerted Customs to his presence and gave them the opportunity to refuse him at the border.
Advance notice or not, there is that other mechanism, i.e. the INTERPOL database which is being used increasingly by customs officials worldwide, that foreign governments can rely upon that can prevent us from traveling. I’m not quite sure why this explanation is still eluding us. This must be part of any lawsuit against IML going forward especially since INTERPOL has stated that each country has full authority over what information about its citizens is made available through its network.
Yes, thank you for uploading the conference call. I’m glad that one of the callers brought up the subject of providing an itinerary of travel plans in regards to international travel. I have seen the itinerary questions and they are quite intrusive. Where you are staying, who you are traveling with ( names , dates purpose of travel etc) I know that the Federal guidelines require SORNA States to demand the 21 day notice but where is it codified in Federal law that this additional information must be given? Travel plans are sometimes fluid. I have often changed hotels once i’m abroad, decided to see another city that wasn’t in my original travel plans, and hopped on a Eurorail train with no idea where I’d end up at the end of the day. People do these kinds of things when they travel to a foreign destination to explore!
What kinds of punitive penalties await us when we arrive back home if we didn’t stick to our itinerary?
Upton Sinclair once said “It is difficult to get a man to understand something when his salary depends upon his not understanding it.”
To those who man a typewriter, telephone, or computer while harnessing brain power and your voice, we salute you and thank you as you with the hard effort you put forth to try to get those who need to understand and don’t understand. It could be here on this website, the other ones that are similar, or just writers who truly understand the messed up nature of our country in this area.
Hitting the human in the pocketbook is the second hardest place to hit them as seen in Maslow’s hierarchy of needs where Safety (economic safety is one area) is the second most needed need to be met (after air, water and food which is first). Once someone has been hit enough there, they may understand, hopefully, the realization of their shortsightedness. That is the goal at least.
You know people profit off of the misery of others and by doing what you do to combat those who do profit, whether it is through politics or afterward, you are doing the right thing. Whether you’re a financial supporter here, a written word contributor, a fighter of your own plight who shares your knowledge with others or a professional who takes on the cause for those who need you, many thanks and keep pressing on with the good fight! Your work goes beyond the CA borders and really is a national impact.