For a federal court to consider a habeas petition, the petitioner must be “in custody” at the time the petition is filed. Past cases have found custody to include parole restrictions, own-recognizance release pending appeal, and community service obligations. Today, the Third Circuit held that the requirements that come with registration under Pennsylvania’s Sex Offender Registration and Notification Act satisfy the habeas custody requirement because SORNA restricts registrants’ physical liberty in various ways, including banning computer internet access and requiring them to appear frequently at a state police barracks, in…
Read MoreMonth: February 2019
CA: Lackey Bill Would Put Child Support Evaders on Blast
[eastcountytoday.net – 2/27/19] A bill introduced last week by Assemblyman Tom Lackey would call for the State of California to create a website which would list parents who owe more than $5,000 in child support. According to Assembly Bill 1498, it would showcase delinquent parents who have not been making court-ordered child support payments. The website would publicly display: Obligor’s name photograph amount of child support owed. Read more about this proposed registry
Read MoreOK: Police Investigating After Registered Sex Offender Killed In Pottawatomie County
[news9.com – 2/26/19] POTTAWATOMIE COUNTY, Oklahoma – The Pottawatomie County Sheriff’s Office is investigating a fatal shooting near Macomb. A gunshot victim, 60-year-old Harry L. Venosdel Jr., was found around 5 p.m. Sunday, February 24, at his home located off White Oaks Lane. Venosdel Jr. was discovered by others who live on the same plot of land. 911 Caller: “I just got home and found him dead laying out in front of his trailer.” 911 Caller: “He’s lying there, his eyes are kind of hazy, stiff, and cold…” Before detectives…
Read MoreAR: 6 new Arkansas sex offense bills including Halloween, grooming, positions of public trust, recording minors
[state.ar.us – 2/26/19] Click on each of these bills to read the details: SB 10: Prohibiting a registered sex offender from participating in certain Halloween-related activities. HB 1279: To amend the offense of sexually grooming a child. SB 183: To prohibit certain registered sex offenders from holding a position of public trust. SB 8: To prohibit a registered sex offender from recording a person under fourteen (14) years of age in certain circumstances; and to prohibit the unlawful use of a recording of a person under fourteen (14) years…
Read MoreSCOTUS: Court poised to rule for challenger in dispute over constitutionality of sex-offender law
This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least five years – and possibly for the rest of their lives – if a judge finds that they have committed certain crimes. The defendant in the case, an Oklahoma man who served time for possessing child pornography and was then sent back to prison after he violated the terms of his supervised release, argues that the law violates his right…
Read MoreWant to build safer online communities? Drop the ban.
Creating safer and more equitable communities — both in real life, and online — is an important undertaking. Undoubtedly we are in agreement that those who cause harm and havoc should be stopped and made accountable for their actions. The broader (and more difficult) question comes in what we do next. To make this less abstract, in “real world” parlance, this is often called re-entry: the process of people returning to their lives, families, and communities after involvement with the justice system. Full Op-Ed — Guy Hamilton-Smith is a member of the ACSOL Board…
Read MoreJanice’s Journal: When Will They Learn?
The CA state legislature began a new two-year session just last month. And in that short period of time, legislators are already heading down the wrong path. What path? The path which identifies all individuals convicted of a sex offense as dangerous and likely to commit a new sex offense. For example, Assemblymember Kevin McCarty who is known for his compassion for those who are or have been incarcerated, introduced a bill (AB 277) that would allow parolees to earn “reintegration credits” that could ultimately allow them to travel greater…
Read MoreCA: New Bill Would Expand Lifetime Registration Requirements
Assembly member Melissa Melendez has introduced a bill (AB 884) that would expand the requirement to register for a lifetime to anyone convicted of Penal Code Section 288(a) when the Tiered Registry Law takes effect in 2021. As currently written, the Tiered Registry Law authorizes individuals convicted of the same penal code section to petition for removal from the registry after a minimum of 20 years. “We must stop this bill!” exclaimed ACSOL Exeuctive Director Janice Bellucci. “If the bill is passed, at least 40 percent of the people on…
Read MoreME: Law would ban sex offenders from some multi-unit buildings, houses in Maine
[wmtw.com – 2/25/19] UGUSTA, Maine — A proposal at the Maine State House would add living restrictions to Maine’s sex offender law. The bill would ban a convicted sex offender from living in a multiunit building that shares an entrance with a unit occupied by a minor. Specifically, a sex offender who committed a crime against someone under the age of 14 would be banned from living in a multiunit building with a shared entrance with a person under 18. Maine law requires a sex offender who committed an offense…
Read MoreFL: Powerful lobbyist Ron Book arrested on DUI charges
[tallahassee.com – 2/25/19] Ron Book, one of Florida’s most influential lobbyists who also represents the city of Tallahassee, has been arrested on DUI-related charges in Broward County, several South Florida news outlets have reported. Book, 66, was arrested by the Florida Highway Patrol Sunday after crashing his Lamborghini near his house, according to the South Florida Sun-Sentinel. He was charged with a first-time DUI, refusing to submit to a DUI test and DUI with damage to a person or property, the paper reported. According to the Sun-Sentinel, Book was released…
Read MoreKat’s Blog: A Few Words on Suicide
Back in 2017 I wrote a piece on the Women Against Registry website titled “No More Suicides, Please!” So, I was surprised when almost 2 years later, someone commented on that blog piece, someone who after 25 years on the registry still felt that he “wishes he would have ate a bullet long ago.” He had lost his family, his job, his home, his dignity, everything. It’s heartbreaking to imagine someone spending a quarter of their life wishing that he had “just ended it years ago”, all because of the…
Read MoreMO: Bill aims to track sex offenders when moving
A new bill making its way through the Missouri House is seeking to track some of the state’s most dangerous sex offenders when moving between counties. Sponsored by Missouri Rep. Randy Pietzman of Troy, Missouri, House Bill No. 2653 would require offenders who have been convicted of first-degree child molestation to wear an electronic monitoring device. “I come from a district that is kind of plagued with sex offenders,” Pietzman said. “I was looking for some kind of an avenue to bring attention to it.” Full Article
Read MoreU.S. Marshalls: Citizens can provide leads and tips on non-compliant registrants
[usmarshals.gov] The frightening aspect involves reporting of non-compliant sex offenders. There are so many things wrong with this. First it perpetuates the myth that former sex offenders represent a heightened danger. Also, people are free to report what they, as untrained private citizens, consider to be non-compliance. Any unsubstantiated report of a technical violation of registration requirements will cause considerable discomfort to a registered citizen. If that person happens to still be under supervision, the report will quite likely result in at least temporary jail time, until an investigation is…
Read MoreLiving with 290: Certificate of Rehabilitation – 2019 (Updated)
UPDATE 2/23: Removal from the Registry (below) Original Submission 2/9: Last month, I received my Certificate or Rehabilitation, thus ending my duty to register and bringing to a conclusion a decade filled with challenges and a sense of utter hopelessness and despair. When this all began, I asked myself repeatedly, “How am I ever going to get out of this?” At my first ACSOL meeting (before it was called ACSOL), the dim feeling of hope I felt that day was still overshadowed by this vague and ominous sense of doubt.…
Read MoreOR: Parole board requests bill to eliminate sex offender reclassification deadline
A local mom and alleged sexual assault survivors blasted a bill Friday that would get rid of the state’s deadline for reclassifying sex offenders. “It’s important to do it in a timely manner because it’s in the interest of public safety and this is what people wanted,” Christine VanOrder, a mother and activist, told KATU Friday. Full Article
Read MoreAR: Senate votes 27-1 for sex-offender bill
[arkansasonline.com – 2/22/19] The Senate on Thursday approved a bill that would allow people convicted of sex offenses not to register with the state if their victim was under age 18 and the offender was no more than three years older, under certain conditions. Read more
Read MoreNY: Statement on Landmark Appellate Decision Limiting the Reach of SORA Residency Restrictions
[legalaidnyc.org – 2/21/19] The Legal Aid Society applauded a ruling rendered today by the New York State Appellate Division – Third Department, rejecting the New York State Department of Correction and Community Supervision’s (DOCCS) interpretation of the statutory residency restrictions faced by individuals with prior sex offense convictions. Specifically, the court held that people whose sex offense sentences had already expired were not subject to the law’s harsh mandatory residency restrictions when they were released to parole following a subsequent non-sex offense conviction. The ruling represents the first such limitation…
Read MoreFL: Florida detective kills self after he’s accused of owning child porn
[orlandosentinel.com – 2/21/19] JACKSONVILLE — Authorities say a decorated Florida police detective killed himself just before he was to be arrested on charges that he possessed child pornography. The Florida Times-Union reports that Jacksonville sheriff’s Detective Vernon Richardson killed himself Tuesday, shortly after detectives obtained a warrant for his arrest. The neighboring St. Johns County Sheriff’s Office began an investigation in December after receiving a tip he had child porn on his computer. Detectives found an image of two adolescent boys having sex. Read more
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