Comments that are not specific to a certain post should go here, for the month of December 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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Just as a follow up to my posts in last months General Comments about attempts to do a compliance check on me:
The cops originally came to my house everyday for a week honking their horn to try and get me to go outside for a compliance check. However I had not heard anything from them for the last week and thought they might of gone away for good. But no, at 3pm today they were back outside the front of my house aggressively honking at me again. I didn’t respond to them, so they left after a few minuets. I was busy on the phone at the time so I wasn’t able to record them, but I will try to next time. Let’s see how long this lasts. I’m likely going to send that letter to the Sheriff requesting that they not disturb or harass me any further.
@Concerned, Mike R, and AJ,
I found this legal blog regarding parental rights as an RC. It doesn’t seem to shed any more light than the 3030 statue itself. I still don’t know if this more has to do with a custody battle or being a parent in general.
https://www.californiafamilylawanddivorce.com/child-custody-california-courts-consideration-in-making-custody-awards-part-6-crimes-of-parents-parent-is-a-registered-sex-offender-or-person-convicted-of-child-abuse-or-rapist/
What state are you in?
A question, if people don’t mind….though first I must note I do have two thoughts…I hate to ask a question I should be able to answer myself, but, contra this, the only stupid question is the one you don’t ask…
With these premises in mind:
Florida of course has a terrible though well deserved reputation, yet, how long can a visiting RSO, not on probation or parole, safely spend in the state before having to skedaddle…with haste…;>}}?
The quote from the Florida Statute:
“Residence” means either (1) a place where
one spends 5 or more consecutive days, (2) a
place where one spends 5 or more aggregate
days in a calendar year, or (3) a county in
which one is present for 5 or more aggregate
days in a calendar year.
Registrants must appear to register with law
enforcement w/in 48 hours of establishing a
residence, and must appear to
provide any updates within 48 hours.”
I have always thought and insisted to others that I don’t dare visit Florida with its 48 hr mandate…but maybe it is really 5 days, (which would be sufficient for my purposes), or, if I were feeling frisky, I might suggest 5, to establish residency, plus two days thereafter to actually register…so if I am gone in less than seven, (7), I might be golden…
This would not be binding on anyone of course, but I would be curious what the experts here think on this Florida question.
Thanks in advance
Best Wishes, James
Hello everyone, I will be coming up on my halfway point for probation in April. (Possession of CP) I am thinking of asking to get off supervision early. I was wondering if any members have had luck with this situation and what hoops you had to jump through. Should I get a lawyer? I have had no violations, passed four maintenance polygraphs, finished treatment a year ago and am on call in basis to an automated system for my PO. Don’t know if this is the right spot to ask but thank you in advance. I can’t wait to get off probation so I can start to fight the real fight against this abomination our government holds over us.
Florida has plate readers on the side of it’s highways. I Drive 850 miles each way to visit a friend in a Nursing home. I wait till 12:01am to cross in to Florida and leave before the day is over. I use rest stops for Motels.
Thanks for creating (site owner and our volunteer Moderator!!!
I just applied for a MBA…good idea? Any suggestions?
Thanks
Everyone keep your head up. Keep a positive mindset and let us help each other out especially during the holiday season. It can be a tough time for a lot of people. Let’s encourage and not fight during these conversations. I wish this page had the ability to talk live for chats. That way nobody feels alone.
Here’s an interesting quote from the Center for SO Management (CSOM): “When sex offenders do commit another crime, it is more often not sexual or violent” (www.csom.org/pubs/needtoknow_fs.pdf). CSOM bills itself as, “a national clearinghouse and technical assistance center that supports state and local jurisdictions in the effective management of sex offenders.” They may be a decent resource for information on “effect” of the laws.
PLEASE registrants, friends, and loved ones: Please only use the term “Sex Offense Registry”, not Sex OffendER Registry”.
Do not accept the label “Sex Offender”!!
The criminal incident occurred in the past and you have already paid for that crime. Finished. Done!
We must STOP accepting the label that lawmakers, the media, and the general public are forcing upon us with every new law, newspaper article and media commentary.
The Registry relates to offenses. Period.
Do not accept it as your identity!
We MUST begin to rebrand the S. O. Registry and, by doing so, both weaken it hysteria-inducing name and make people start thinking about what purpose it serves (little to none!), it’s ineffectiveness, and the terrible damage it does to individuals and families.
So please, say “offense”, not “offender”.
@Mike R
Per your request, here is what I posted in response to this article on here:
https://all4consolaws.org/2017/12/smith-international-megans-law-working-to-protect-children/
Mike R, Chris Smith has just given you what you need to respond to your AG’s request for dismissal of your constitutional challenges that included references to IML and very similar to what I said in the November general area.
The California AG wants to claim it is not responsible and can’t be accountable for how IML affects you so you need to sue the feds and not California. Well, look at exactly what Chris Smith, author of IML, wrote:
“The identifier is only for those who have been found guilty of a sex crime involving a child, and who have also been deemed dangerous enough by their state to be listed on a public sex offender registry. When their state decides to remove their name from the state registry, the passport identifier will no longer be required.”
BINGO. It’s the state’s lack of Substantive Due Process that puts you on a list meant for those that are deemed currently dangerous enough to be listed on the public registry.
Here is what I wrote for comparison: ” California is the Gatekeeper of the California registry and they participate in sending that list to the Federal Government for the sole purpose of whatever actions or restrictions the Federal Government deems needed against someone so dangerous that they need to be on “the list”. If California didn’t violate your Substantive Due Process and Equal Protection rights by including you on that list, you would not be subjected to the Federal restrictions and restrictions by the other states and even cities.”
Perfect Chris. You are a god*send, Your next buddy. Soon as I win we are going to get you the helll off this crap too, that’s if you want too.>>>?????I don’t think I know anyone that wouldn’t so ya, I will always be there to help with anything you need my brother in arms………….You too AJ and New person, and after that who knows right?????
Anyone in Santa Clara county area. Would appreciate talking to anyone. Met my wife on New Years , and coming up on 3 yrs since her passing. Tough time of year for me, with no family stateside to talk to and no friends to hang with. Always considered myself tough. Guess you can’t train for this kind of pain.
I actually look forward to probation mtgs, but that’s over on the 9th, and after that really on my own. Too nervous to meet new people, to shamed to contact old ones, and no ambition to go out much any more. Life is looking less and less worth the effort.
Counting the Days: I’m in Santa Clara County. Are you anywhere near South San Jose area? 2012 (arrested for CP) & 2013 were the worst years of my life but things have slowly gotten better. I never thought a pornography addiction would result in me getting arrested & I never thought life could get so hard. I’m willing to meet in person if you’re up for it.
“Alabama Forced To Release Thousands Of Sex Offenders After Inmates Deny Charges.” The clue is in the URL. Sorry if it seems a bit cruel. That’s black humor, for ya. ______ https://www.theonion.com/alabama-forced-to-release-thousands-of-sex-offenders-af-1821015675
I just got an American Legion newspaper in the mail. Well there are some judicial answers for Veterans to receive help from Veteran courts (SB-339) and help via the passage of AB-360 for legal aid. Other benefits for veterans that are incarcerated (SB-776)…The Department of Corrections under SB-776 issues counseling personnel. SB- 725 offers pretrial Diversion for curtain misdemeanors. I am by no means an attorney so Janice and/or Chance should be consulted case by case on these matters. I am a believer in using all the resources and chances you can for a more favorable outcome. For those military veterans among us these options may help. There is hope for everyone… Change is the only constant…our time is coming and freedom will find it’s way to us all.
Man someone needs to research this guy Roger Przybylski that the SMART office uses as a go to for sex offender recidivism research. https://higherlogicdownload.s3.amazonaws.com/NCJA/c3320104-776e-4e0e-b687-4ffa1fd54e8c/UploadedImages/National%20Forum/Roger%20Przybylski.pdf. He is one of those private researchers that have a fiduciary and monetary interest in propelling the belief that there is under reporting of sex offender recidivism rates, he has no evidence other then what he reports inmates tell them during their interrogation practices while the prisoners are under duress and threat of continued incarceration for not admitting to some make believe offenses they may have committed that they were not caught for. He repeatable states that their research is inconclusive and needs much more research (imagine that, another self interested individual claiming there are conflicting results in order to get more funding for “Him and His” company’s or partner’s researching firms). These academics with their self interest are always claiming that you can never claim a study is absolute and factual in the academic world, you can only suggest that the results are conclusive. Recidivism rates are noncontroversial, they are what they are as reported by the department of corrections and the Bureau of Justice Statistics in all the studies I have submitted. Those are absolute facts. They are absolutely correct that in the academic world of private practitioners that use a vast array of methodologies can never be conclusive, they all have their own self interest, or other stakeholders, at stake so of course their conclusions are going to support further research for their professions and firms. CDCR reports that track offenders on paper and not by some questionable methodologies are FACTS, not some conclusory self interested postulation.
The following are indisputable facts from solid data collected by The Bureau of Justice Statistics (BJS) not some independent studies by a hired private entity:
https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986
Recidivism Of Prisoners Released In 30 States In 2005: Patterns From 2005 To 2010 – Update
Matthew R. Durose, Alexia D. Cooper, Ph.D., Howard N. Snyder, Ph.D., Bureau of Justice Statistics
April 22, 2014 NCJ 244205
Examines the 5-year post-release offending patterns of persons released from state prisons in 2005 by offender characteristics, prior criminal history, and commitment offense. It provides estimates on the number and types of crimes former inmates commit both prior to their imprisonment and after release. The report includes different measures of recidivism, including a new arrest, court adjudication, conviction, and incarceration for either a new sentence or a technical violation. It also documents the extent to which the released prisoners committed crimes in states other than the one that released them. Data are from the Bureau of Justice Statistics’ Recidivism Study of State Prisoners Released in 2005, which tracked a sample of former inmates from 30 states for five years following release in 2005. The findings are based on prisoner records obtained from the state departments of corrections through the National Corrections Reporting Program (NCRP) and criminal history records obtained through requests to the FBI’s Interstate Identification Index (III) and state repositories via the International Justice and Public Safety Network (Nlets). Supplemental Tables (Most serious commitment offense and types of post-release arrest charges of prisoners released in 30 states in 2005) (PDF) (CSV) has been added.
Among state prisoners released in 30 states in 2005—
Highlights:
Among state prisoners released in 30 states in 2005—
About two-thirds (67.8%) of released prisoners were arrested for a new crime within 3 years, and three-quarters (76.6%) were arrested within 5 years.
Within 5 years of release, 82.1% of property offenders were arrested for a new crime, compared to 76.9% of drug offenders, 73.6% of public order offenders, and 71.3% of violent offenders.
More than a third (36.8%) of all prisoners who were arrested within 5 years of release were arrested within the first 6 months after release, with more than half (56.7%) arrested by the end of the first year.
Two in five (42.3%) released prisoners were either not arrested or arrested once in the 5 years after their release.
A sixth (16.1%) of released prisoners were responsible for almost half (48.4%) of the nearly 1.2 million arrests that occurred in the 5-year follow-up period.
An estimated 10.9% of released prisoners were arrested in a state other than the one that released them during the 5-year follow-up period.
Within 5 years of release, 84.1% of inmates who were age 24 or younger at release were arrested, compared to 78.6% of inmates ages 25 to 39 and 69.2% of those age 40 or older.
The following methodologies are data based and not suppositions or conclusory.
Data Collection: Recidivism Of State Prisoners
Status: Active
Frequency: 1983, 1994, 2005
Latest data available: 2005
BJS uses criminal history records to study the number and types of crimes committed by state prisoners both prior to and following their release. The first study tracked a sample of state prisoners released in 11 states in 1983, and the second study followed a sample of state prisoners released in 15 states in 1994. Both studies had a 3-year follow-up period. The latest study tracked a sample of prisoners released in 30 states in 2005 for 5 years after release. These studies documented the arrest, conviction, and incarceration experiences of the former inmates within and outside of the state that released them.
I don’t know, I guess he is some kind of government employee but his conflicting interest in his private research firm seems a little questionable to me…Sure seems like a ethics question….How can you have a private research firm that is benefiting and profiting off of your analysis in the state department. Isn’t that illegal in some way? Maybe a violation of the incompatibility statement.
That Chris Smith is a gem right there.
I am so tired of hearing the words pedophile and sexual predator. They can’t be calling me a “pedophile” for sure and I doubt they can get away with call me a sexual predator either. Those connotations have distinct definitions and are not fungible. I am also really tired of this misrepresentation and assertions that there is some kind of under reporting that somehow exist every time they can’t come up with any solid facts. We can’t stand for either one of those cases.
Forcing kid to masturbate for cops in sexting case was wrong, court finds
4th Circuit: We can’t “perceive any circumstance that would justify” such a search.
https://arstechnica.com/tech-policy/2017/12/forcing-kid-to-masturbate-for-cops-in-sexting-case-was-wrong-court-finds/
Circuit breaker thieves shine light on sheriff’s use of facial recognition
Even after seeming success story, Riverside County Sheriff’s Department stays mum.
https://arstechnica.com/tech-policy/2017/12/circuit-breaker-thieves-shine-light-on-sheriffs-use-of-facial-recognition/
And we already know there are test markets in airports for this technology…
On the news today the policeman that shot the black man as he was running away was given 20 years in prison and the sports doctor that abused some gymnasts was sentenced to 60 years for CP.
Anybody familiar with Adam Walsh Act waivers in the context of I-140 Petitions? Based on my understanding scouring the internet, it seems near impossible to get a foreign born spouse a green card. For starters, federal courts refuse to even hear these types of cases either because there is no “removal orders” (foreign fiancés/spouse living outside the U.S.) or the Adam Walsh Act virtually strips away judicial review of any BIA orders affirming the immigration adjudicator’s denial of the RC petitioner’s I-140. It’s ironic that the very person who championed this stupid law is he himself a statutory rapist. Any good immigration lawyers who have a lot of experience with AWA waivers is also appreciated.
Hello, anyone every tried getting gun right back in Michigan ?