Comments that are not specific to a certain post should go here, for the month of August 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Related posts
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Plaintiff Files Final Brief in Missouri Halloween Sign Challenge
Source: ACSOL Today the plaintiff in the case challenging Missouri’s Halloween sign requirement filed his final... -
MO: Man sentenced to 10 years in federal prison without parole for possessing computer-generated images of child sexual abuse
Source: newstalkkzrg.com 7/19/24 SPRINGFIELD, Mo. – A West Plains, Mo., man who is a registered sex... -
SC: Church fires long-time pastor after finding out he was convicted 27 years ago of sex offense
Source: chvnradio.com 7/19/24 A church in South Carolina just fired their pastor after finding out some...
The following that is included in my case was thanks to AJ’s researching skills. Just thought I would throw this out there…
California’s SORA, both registration and notification, are wholly codified within the penal code and is exclusively and wholly administered and enforced by law enforcement agencies. Indeed, seemingly everything to do with California sex offenders is codified as penal. Even California’s Sex Offender Management Board (CASOMB) is in the penal code, located at “Part 3. Of Imprisonment and Death Penalty | Title 9. Punishment Options | Chapter 3. Sex Offender Management Board” (Cal. Penal Code §§ 9000 – 9003). Of note, and tellingly, Chapter 2 of Part 3, Title 9, is the “Community-Based Punishment Act.”
Furthermore, the rules for the “management” and “supervision” of sex offenders are codified in the Penal Code Part 3. of Imprisonment and the Death Penalty [2000-10007], Title 9. Punishment Options [8000-9003], Chapter 3. Section 9000 et seq. Besides the probative value of where this section is codified (Punishment Options), the relevant section is 9000 (e) which states ““Supervision” means a specialized approach to the process of overseeing, insofar as authority to do so is granted to the supervising agency, all significant aspects of the lives of sex offenders who are being managed [supervised] as described in subdivision.” (emphasis added). Plaintiff remains under the direct “supervision” of the state in “all significant aspects” of Plaintiff’s life.
And the final little snippet in this issue..
This “supervision” along with all the onerous in-person reporting requirements, the at home compliance checks, the interference in Plaintiff’s child /grandchild custodial rights, the Plaintiff is statutorily prohibited from federal housing and residing in certain areas, banned from even being present in a vast array of locations, having to give notice every time Plaintiff visits another county or state, including 21 day advance notice if he plans to leave the country, the internet publication of sensitive private information about Plaintiff that is not otherwise available, combined with all the other direct and indirect affirmative disabilities, the state does indeed control “every significant aspect of Plaintiff’s life.” This is undoubtedly synonymous with probation or parole and even “more” sever in many aspects than what Plaintiff endured while he was on parole. Plaintiff’s case is incredibly distinguishable from Smith or “any” other cases brought before the Court.
Governor Brown recently signed AB 1810. It may be of interest to our community.
[This bill would establish a procedure of diversion for defendants with mental disorders through which the court would be authorized to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment ( input or output setting)]
[Judges must dismiss charges against suspects who successfully complete the programs with the record filed with the DOJ indicating the arrest deemed never to have occurred]
Mental disorder is any psychological impairment listed in the DSM including depression and anxiety.
If anyone is charged with failure to register because of depression/memory problems and threatened with jail or prison time, this would be worth looking into.
Hard to believe so many people are on a California registry, some for decades when new arrestees now get to go see a psychiatrist in leu of having a criminal record.
I made contact with the registration specialist here in SE Wisconsin. She reached out to her contact with the US Marshal service about the passport issue (I renewed early to get a marked passport to put a visa in, but they sent an unmarked passport.)
Here’s the reply from the US Marshal agent I received through the registration specialist:
“I just got word on your guy that he is fine. The process to identify and mark all passports is going to be a slow process. Unless he is notified that he needs to get a new passport with the identifier, he is fine to utilize what he has. They are currently prioritizing the cases and doing those first. Hopefully this answers his question.”
In other words, my new (unmarked) passport is valid, for now. Great. My guess is that what makes someone a priority is when they actually make use of their passport and travel abroad, so I will probably be good for one trip out of the country, and then I’ll have my new passport revoked after I return. And then I’ll have to apply for a duplicate visa. Oy.
You’d think that sending ones passport in for renewal would get one prioritized, but apparently not.
“Biblical Scholars Find Evidence Church Covered Up For 3 Wise Men Who Molested Baby Jesus” https://www.theonion.com/biblical-scholars-find-evidence-church-covered-up-for-3-1828360686
To any Santa Clara county offenders that have to attend counseling, be very careful and investigate the recommended person 1st. I was sent to a therapist that ended up being Christian based and was treated just like the judicial system treated me, as a terrible person. I found out later that he uses that approach to show “significant progress” for the offender and stay on county’s list. I went to another therapist that would only take cash and verbally abused the participants; insulting them and making light of their offenses. He worked with another therapist that had been suspended by the state (I looked up case) and continually made promises, like “I have friends that can get you off the list and to whatever country you want to go”. Really?
So realize that the people that are “helping” are really just using a system to line their pockets.
“Protest against pedophiles in sci-fi held outside Worldcon” This appears to be a Qanon-inspired/Pro Trump group of protesters. Complete with bullhorns and counter-protesters. It’s not just pizza anymore, apparently. Let’s see how far this goes and how many configurations it assumes.
https://www.kron4.com/news/bay-area/protest-against-pedophiles-in-sci-fi-held-outside-worldcon/1381192689
https://www.hollywoodreporter.com/news/asia-argento-paid-sexual-assault-accuser-report-1135872
#yesyoutoo #effinghypocrite #teehee
Per the Asia Argento sex assault, I think it goes to show that yet again, anyone who is really screaming the loudest about sexual predators is either a victim of it looking for revenge, a perpetrator of it looking for some kind of absolution, or sometimes they are both.
Anyone know anything about the Real ID? As far as I can tell you dont need it unless you want to travel by plane or other public means. Other than that what would one be giving up? Is the ID going to be marked in any way or registrants?
California Governor Grants Pardons
I can’t find any details on who he pardoned, except for the 3 immigrants he pardoned to try and keep Trump from deporting them. I will bet a dozen donuts that no one that has to register will have received a pardon, as always.
https://www.usnews.com/news/best-states/california/articles/2018-08-17/california-governor-grants-pardons-to-3-facing-deportation
Another good idea for reform turns bad after changes.
ACLU Turns Against California Bail Reform Bill (SB10) It Helped Craft:
https://reason.com/blog/2018/08/20/aclu-turns-against-california-bail-refor
US inmates stage nationwide prison labor strike over ‘modern slavery’
Organisers say prisoners across the country are expected to refuse to work, hold sit-ins and even stage hunger strikes
https://www.theguardian.com/us-news/2018/aug/20/prison-labor-protest-america-jailhouse-lawyers-speak
Also served as a reminder of the Jailhouse Lawyers Handbook.
Another situation of things circling back around:
What Happens to #MeToo When a Feminist Is the Accused?
https://www.nytimes.com/2018/08/13/nyregion/sexual-harassment-nyu-female-professor.html
Leading the effort to reinstate sex offender residency restrictions in New York are @PMSchoolsSupe @MikeHynes5 & #NYSAssembly Member Dean Murray as well as parents who claim that their 10yo son can’t ride his bike because Registrants exist.”
“Lawmaker pushes bill to limit sex offender housing”
/// http://longisland.news12.com/story/38922887/lawmaker-pushes-bill-to-limit-sex-offender-housing
“Florida man sentenced for traveling to Dominican Republic for child sex”
I get these press releases from ICE and am struck by how few such instances they have reported. They prosecute far more people for CP. https://www.ice.gov/news/releases/florida-man-sentenced-traveling-dominican-republic-child-sex
I have counted 12 stories of People committing suicide due to C.P. charges. Youngest is 15yrs. One was proven innocent, but their life had already been ruined.
I occasionally google articles that relate to the nightmare I am living. It is a dark place that I try to understand.
I am amazed at how many articles there are on Re – offenders. It brings a couple of items into stark reality.
1. There are definitely persons out there that have serious problems and need to be placed in a secure environment.
2. There are persons that use this small segment of the population to paint ( with a very broad stroke ), an entire population as dangerous and likely to repeat their offense or do even worse.
Unfortunately these stories are the ones that get front page treatment. I read them and I hate these offenders for making our lives so challenging. People see us as one of these truly F’ed up morons even though we are one time offenders.
Is a person that drinks too much once an alcoholic? NO! So why is a person that commits one offense a habitual offender. The offense I committed can never be undone, but that doesn’t mean I will continue to offend. I wish politicians would stop using me for target practice, ’cause the 1st bullet killed me.
https://www.cnn.com/2018/08/22/us/indiana-priest-beaten-trnd/index.html
Hate crime…..Hmmm
If you think we are getting any relief from courts or Government in the near future, read this,
https://www.google.com/amp/s/www.washingtonpost.com/amphtml/news/morning-mix/wp/2018/01/22/ice-detains-a-polish-doctor-and-green-card-holder-who-has-lived-in-the-u-s-for-nearly-40-years/
The current D.O.J. are NAZIs
From Florida Action Committee web site:
https://floridaactioncommittee.org/countdown-to-gundy/
I don’t understand why this is being looked at as a major case to impact those on the registry retro-actively.
Here is the quote from the article:
*****
Herman Gundy and anyone else whose offenses took place pre-SORNA but were later charged with violating a registration requirement under SORNA, might be exonerated. So that’s a good potential win.
*****
and here is my comment:
I hate to burst everyone’s bubble, but I don’t see this case affecting anyone other than possibly providing some good quotes from Justice’s for future cases.
SORNA as enacted by the federal government is just a “suggestion” to the states. The states enact the actual laws and requirements to be on each state’s registry list. As far as I know, most state’s didn’t delegate any authority illegally and declared the retroactive application in their original laws. Therefore, any win in Gundy just takes a stab at the US Legislation miss-step but doesn’t have any weight on State’s laws.
Please correct me if I am wrong. I hope we can at least get some good SCOTUS quotes like we got from Packingham out of this and maybe some hints that “frightening and high” is a sham, but I don’t see anything more.
Agree with Chris…we can only hope that this forth coming opinion may render a few positive dicta and /or quotes from the Justice penning the opinion that may help our cause. Perhaps some good quotes and dicta regarding the illegal retroactive provision of the law. Fingers cross!
Social media companies exclude Millions
https://www.reuters.com/article/us-usa-trump-tech/trump-slams-social-media-firms-as-silencing-millions-idUSKCN1L917W
No sh#t?? Facebook would never do that! 😡
Illinois appeals court finds sex offender registration requirement too harsh
“The court found that Illinois’ Sex Offender Registration Act and related restrictions, as applied to Devin M. Kochevar, violated both the Eighth Amendment of the U.S. Constitution and the proportionate penalties clause of the Illinois Constitution.” (https://narsol.org/2018/08/illinois-appeals-court-finds-sex-offender-registration-requirement-too-harsh/)
Decision is here:
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2018/3rdDistrict/3140660.pdf
Panel finds sex offender order much too harsh (requires subscription)
https://www.chicagolawbulletin.com/panel-overturns-sex-offender-registration-requirements-as-too-harsh-20180821
Oh boy… facial recognition… check the last line: “integrating with TSA!” That’s much worse than just for CBP (international flights). https://www.nextgov.com/emerging-tech/2018/08/dc-airport-first-nation-catch-suspected-imposter-using-facial-biometrics/150777/