[ssrn.com – 7/16/18] Abstract This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court…
Read MoreYear: 2018
AR: Convicted Sex Offenders: Serving Full Sentences Rather Than Getting Out Early on Parole
[nwahomepage.com – 7/17/18] BENTONVILLE, Ark. (KFTA) — Benton County detectives say more convicted sex offenders are choosing to serve their entire sentences than get out early on parole. “We have more people going flat now in prison than coming out so they’re not on paper,” said Detective Paul Newell. Two detectives at the Benton County Sheriff’s office dedicate their time solely to tracking and checking up with sex offenders. Detective Newell says many sex offenders are eligible for parole after serving 1/6 of their time in jail, but now many…
Read MoreSex, Race, and the Law: Considering America ‘In the Dark’
[thenation.com – 7/18/18] If Childish Gambino’s song “This is America” and Boots Riley’s film Sorry to Bother You perfectly distill the absurd comedy and violent hell of the United States circa 2018, then Madeleine Baran’s In the Dark does the same in podcast form. The audio-documentary series dropped the haunting final episode of its second season earlier this month, and, like Donald Glover’s and Riley’s works, Baran’s opus lays bare the nexus of racial anxiety, guns, criminal “justice,” and capitalism in our nation. In the Dark is produced by APM…
Read MoreIs it an unconstitutional taking of property without just compensation to require sex offenders to move away from their home if a school, etc is established near their home after their initial occupation?
In Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007), the Georgia Supreme Court held that a state statute prohibiting registered sex offenders from living or working within 1,000 feet of any facility where minors congregate, see Ga. Code Åò42-1-15, constituted a taking of property as applied to a sex offender who was forced to move after a child care center opened a facility within 1,000 feet of his home. … The Seventh Circuit just came to the opposite conclusion in an opinion written by Judge Diane S. Sykes.…
Read MoreWI: Here’s why it’s time to reconsider sex offender residency restrictions
[kenoshanews.com – 7/12/18] Nicholas Fitzpatrick is now homeless. After serving time for sexual assault — he pleaded guilty to having sex with his 14-year-old girlfriend when he was 17 — Fitzpatrick hoped to move into a home in Trevor. However, that home is less than 1,000 feet from a tiny park known as Jason’s Pond, and that runs afoul of Salem Lakes’ sex offender residency rules. So he appealed to the Village Board for an exemption. Several relatives and residents spoke on his behalf. Fitzpatrick told the board he earned…
Read MoreOH: Ohio House bill offers 2nd chance to teenagers caught sexting
[wcpo.com – 7/14/18] CINCINNATI — The punishment for teenagers caught sharing sexually explicit images could be lessened in Ohio. A House bill would allow first-time offenders who are 18 or younger a chance to have their charges dismissed upon completion of a program that explains the impact of sexting. Through the program, teens would review relevant laws, examine how sharing explicit material affects personal relationships and learn about the longevity of content posted online. Such diversion programs already are in use in some counties, but the proposed legislation would require…
Read MoreConference Call Audio for July 2018 Monthly Meeting uploaded
Please join me and ACSOL President Chance Oberstein, a criminal defense attorney, for our “monthly” meeting to be held telephonically. The conference call will be on Saturday, July 14 at 10 am Pacific Time (1:00 Eastern) and will last from 2 to 3 hours. Topics of conversation will include information about the domestic and overseas travel, the Tiered Registry, residency restrictions and other current topics as well as pending legal action throughout the nation. Please Show up, Stand up, and Speak up! Dial-in number: 1-712-770-8055 Conference Code: 983459 Listen to…
Read MoreCA: Maywood City Council Begins Repeal of Residency Restrictions
The Maywood City Council began a two-step process aimed at repealing its residency restrictions during a regularly scheduled meeting on July 11. The second step is expected to take place during the Council’s next meeting on July 25. As currently drafted, the Maywood residency restrictions prohibit individuals convicted of a sex offense from living in virtually all of the city. A lawsuit challenging the restrictions was filed in Norwalk Superior Court on March 15. The City of Maywood originally refused to repeal the ordinance, however, the city’s position changed after…
Read MoreMI: Courts deemed Michigan’s sex offender registry unconstitutional. Two years later, nothing’s changed
[michiganradio.org – 7/14/18] The American Civil Liberties Union is challenging the state of Michigan over its handling of the state’s sex offender registry. In 2016, the 6th Circuit Court ruled that aspects of Michigan’s Sex Offender Registry Act, SORA, were unconstitutional. The court’s opinion specifically noted portions of the act which allowed the state to retroactively impose punishments on individuals without due process. The state of Michigan appealed the circuit court’s ruling, sending Does vs Snyder to the U.S. Supreme Court. In October 2017, the Supreme Court decided not to…
Read MoreJanice’s Journal: Three Courts Issue Three Harmful Decisions
In the span of just one week, three courts have issued decisions that significantly harm registrants. Those decisions affect registrants’ marriages, homes and overseas travel. It’s a lot to absorb in a short amount of time. It’s too much to fight at this time. But fight we must in the near future. In the first of those decisions, the Third Circuit Court of Appeals validated a provision of the Adam Walsh Act that makes it difficult, if not impossible, for an individual convicted of a sex offense to sponsor his…
Read MoreIL: 7th Circuit Upholds Illinois Residency Restrictions
The Seventh Circuit Court of Appeals has upheld residency restrictions adopted by the state of Illinois that prohibit anyone convicted of a sex offense involving a minor from living within 500 feet of a school, playground, child-care center, child day-care home and group day-care home. According to the decision, which was issued on July 11, the restrictions can even be applied to individuals who are no longer required to register as a sex offender. The circuit court rejected arguments in the case that the residency restrictions violated the ex post…
Read MoreFederal District Court Dismisses IML Challenge
A federal district court dismissed the recent IML challenge yesterday when it granted the government’s Motion to Dismiss a legal challenge to the International Megan’s Law (IML). That challenge, filed in January 2018, was based upon alleged violations by the State Department of the Administrative Procedure Act (APA). A link to the court’s decision follows below. Due to the court’s decision, the State Department is expected to expand its revocation of existing passports in order to add a “unique identifier” stating that the individual has been convicted of a sex…
Read MoreFamilies for Justice Reform Rally Tuesday
[womenagainstregistry.org 7/12/18] The Families Against Mandatory Minimums (FAMM) ‘Families Rally for Justice Reform’ event began Tuesday at 9 AM with breakfast at the FAMM office in Washington, D.C.. Kevin Ring – President and the other officers are very dedicated to justice reform and sentencing reform while continuing to make the communities safe. Some of the family members who had traveled from various states for the rally shared their stories. They were emotional and the pain was visible. They listened to stories about our WAR families and the challenges faced every…
Read MoreCA: Child molester slain by fellow inmate at California prison
[abc7.com – 7/11/18] WASCO, Calif. — Authorities say a convicted child molester was beaten to death by another inmate just days after arriving at a California prison. Wasco State Prison officials said Wednesday that 19-year-old Andres Ayon began striking 66-year-old Agustin Duran in the face and chest with his fists Saturday night. Guards broke up the assault with a pepper spray grenade. Duran was airlifted to an outside hospital, where he died Sunday afternoon. He arrived in prison July 2 to serve a life sentence after he was convicted in…
Read MoreCA: Pico Rivera Repeals Residency Restrictions
The City of Pico Rivera repealed its residency restrictions which prohibited registrants from living in most of that city, on either a temporary or a permanent basis, and the repeal of the city’s restrictions will become effective on July 12, 2018. The City’s repeal followed the filing of a lawsuit in federal district court on February 22, 2018. “The Pico Rivera lawsuit is number 30 of 31 lawsuits filed thus far challenging residency restrictions adopted by cities and counties,” stated ACSOL Executive Director Janice Bellucci “The lawsuits have resulted in…
Read MoreGA: Convicted sex offenders removed from registry
A little over two decades ago, ____ ____ stood before a judge and pleaded guilty to aggravated sodomy with his 6-year-old daughter. “____ ____ molested his biological daughter,” Chatham County Chief Assistant District Attorney Greg McConnell said. “He admitted that he made her perform oral sex on him but said it was accidental.” ____ , who was 37 at the time, was sentenced to 10 years — two to be served in prison — followed by eight years of probation. ____ served his time. And in 2014 the state of…
Read MoreMA: Changing sex offender law needs to be evidence-based
Massachusetts is hardly soft on sex offenders, being one of only 20 states and the District of Columbia that incarcerate people convicted of sex offenses after they’ve completed their criminal sentences based on what they might do in the future. This practice is so antithetical to our Constitution that sexually dangerous person laws require careful calibration. Full Article
Read MoreThird Circuit Upholds Denial of Registrant’s Right to Sponsor Wife for Citizenship
[ACSOL 7/9/18] The Third Circuit Court of Appeals upheld a lower court’s ruling that an individual convicted of a sex offense does not have the right to sponsor his foreign born wife for citizenship in the United States in a decision published on July 5. The court’s decision was based upon its interpretation of language in the Adam Walsh Act (AWA) which allows the Department of Homeland Security to approve such citizenship only if the individual can prove he poses “no risk” to his spouse. According to the court’s decision,…
Read More