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California

CA: DOJ Executive Order N-63-20 Regarding Sex Offender Registration

[ACSOL]

The California Department of Justice has issued an Information Bulletin directing law enforcement agencies how to remotely register individuals convicted of a sex offense.  The information in the bulletin is being issued to provide guidance regarding implementation of the Governor’s Executive Order issued on May 8.

According to the Information Bulletin, law enforcement officials are to confirm all data fields on the registration forms.  They are then to sign the registration form noting that the form was “completed on behalf of and with consent of” the registrant.  The Information Bulletin states clearly that law enforcement are not to take the photos or fingerprints of any registrant.

“This is a significant step in the right direction,” stated ACSOL President Chance Oberstein.  “Law enforcement agencies that follow the guidance provided in the Information Bulletin will help stop the further spread of the coronavirus by discontinuing in-person registration.”

There are a total of seven cases pending in California’s state and federal courts challenging in-person registration.  The impact of this Information Bulletin on the pending cases, if any, is not known at this time.  Of that total, five cases are now pending in California Superior Courts that were filed during the week of March 23 against the City of Murietta, the City of San Diego, the County of San Diego, the County of Los Angeles and the City of Sacramento.  The sixth case case was filed in the California Supreme Court on April 1 and the seventh case was filed in federal district court on April 28.

Download a PDF of the order:

CA DOJ Executive Order N-63-20 Regarding Sex Offender Registration IB 20-07

 

Join the discussion

  1. Eric

    If it goes well, then there would be no reason that it couldn’t stay like this permanently.

    • David

      @ Eric: It would sure seem that way, wouldn’t it? 👍 And, who knows what could be next, maybe registering (or confirming information) by mail or email?

      • Tim in WI

        Except executive order is not law.

        • TS

          Executive orders only apply to the Gov’t level that ordered them, e.g. POTUS to USG, “Guvnah” to state government, etc, not the people. Look online.

        • Harry

          Apparently, the executive order closing down lawful business, assemblies and not going to the beach or park is law.

    • Harry

      I live in a small city, the PD would jump on board with a “call-in/mail-in” updating system. The officer that does mine seemed to annoyed with the redundancy what she have to do.

  2. wb

    well I just spoke to san Bernardino pd an was informed of my duty to register in person ,on which im scheduled to be at police station in person may 19, 830a with a mask ,, what ajoke they PD SAY ITS BUIESNESS AS USUALY IN SAN BERNARDINO CITY

    • Janice Bellucci

      Today I spoke to a Registration Officer in the San Bernardino City Police Department and was told that the City is now registering everyone by phone. The phone number to call to be registered is 909-384-5729.

      • wb

        wow JANICE that was fast . they told me Monday to walk in may 19 th 830a.. u sat they told you phone only … great work quick thanks

        • Nicholas Maietta

          I’m glad this is going to help you. Let’s just hope you get your receipt for registration. Consider ensuring you print out your cellphone records as proof you placed the call.

        • Will Allen

          @Nicholas Maietta:

          I know you have great intentions but printed proof of a phone call could only help a little bit. First off, it wouldn’t prove anything about what was said. If I had to Register via phone, I’d record it. That is legal where I live it, but I’d do it anyway even if it wasn’t. Because NO ONE can be trusted. I will always have a 100% solid record of anything discussed with law enforcement criminals (LECs). Because they are criminals. If something isn’t recorded, it didn’t happen. And even if it is recorded, maybe it happened.

          I’ll also point out that it would extremely easy to create a “print out” of “cellphone records” that contains anything that you’d like. A print out might divert or fool a LEC enough (which certainly could be useful), but it wouldn’t be enough in a court.

      • David Kennerly

        Janice, San Francisco gave me a “waiver” when I appeared in-person to register which obligates me to return in sixty days to actually register. What is the impact of the executive order upon that requirement?

        • Janice Bellucci

          I am aware that the City of San Francisco has been handing out “waivers”. I am also aware that there are a lot of people on the Megan’s Law website listed as “in violation”. Please ask someone else, not you, to check your profile on that website to see if you are identified as “in violation”. If so, you could be arrested, charged and possibly convicted for failing to register.

        • David Kennerly

          Janice, I appear not to be in violation but I did get their “waiver” and I am within the sixty days. On that waiver it says that I must appear AGAIN in-person within five days of that sixty-day deadline. I see this as an additional, consequence-carrying burden imposed upon me. If I don’t return within the time frame they have demanded then they claim that I will have committed a felony even though I have already appeared, in-person, at their office within five days of my birthday as my only statutorily-imposed requirement. What is your take on that administratively-invoked, dual burden?

          By the way, thank you for the very prudent advice not to check the Megan’s Law website myself but I don’t recognize the authority of the State of California to usurp my First Amendment rights.

        • Nicholas Maietta

          This seems so wrong. What if you are traveling around and won’t be available for the next 60 days? This effectively imprisons you to the area *sometime* within 60 days. This is so, so wrong on every level. These laws were NOT supposed to be about punishment, but if you are effectively jailed to the area, you are in fact, jailed.

        • Will Allen

          @Nicholas Maietta:

          It is worse and more anti-American than that. Because of something that I did decades ago and fully completed a legal sentence, I have to visit a specific government location right around my birthday every single year. I am not allowed to be out of town during that period. Not allowed to celebrate my birthday in Paris, for example.

          And the purpose for visiting is idiotic also. The purpose is to write down on paper all of the information that they already have and that I am legally required to have already updated if it had changed. If Registry Supporters/Terrorists weren’t criminals, all of that, including the photos and fingerprints would be able to be completed remotely. But they are criminals.

          And of course let’s also not forget that there is a whole pile of things that I can’t do without planning how, when, and where to visit a criminal regime’s office to report it. Just for a simple example, I can’t be on vacation in another state and buy a car where I live. Because I have to go visit the criminals within 3 days. I can’t buy a car on a Saturday unless I can visit the criminals the following Monday. There’s just a lot of extra stupidity involved. It is kind of okay though, because I make them pay consequences for it every day.

        • Will Allen

          It is beyond ridiculous that anyone would be considered “in violation” when the criminal regimes themselves are to blame for a person’s inability to comply with their idiotic “laws”. If I were arrested for such a reason, I shouldn’t say what would happen. In actuality, I try to comply with all of their “laws” but if I’m ever arrested for any of it, just one time and for any reason, I’m going to deliver serious retaliation. Lots of people are already sorry that these criminal regimes won’t stop harassing me. Whether they know it or not. A lot more would be sorry.

      • J

        Please look at Riverside county that are doing in person registration

  3. Eric

    Originally the registry started out as a simple notification to the police department, I do believe it was mail in, and that is when supreme court justice Roberts made his infamous quote that, “To register is no more trouble that getting a Price Club card.” and thus the standard that registry is no punishment was set in stone, and back then it may not have been. That was probably before the internet was in every home and on every phone, and before Sorna and all the total oppression and invasion of rights. Now being on the registry is basically being banished from society. Many states don’t allow registrants to get certifications in various trades, you certainly can’t teach, I can’t even take a college class unless I meet with the campus police and get humiliated and put on their “dangerous person” list. We have unannounced visits by the police for all neighbors to see, mandatory annual visits to the police station and 5 years imprisonment if something should go wrong. Originally the registry was a simple procedure of a mail in notice, but it has morphed into a behemoth that its sole purpose is to insure the registrant never has a normal life again.

    • Harry

      In CA, I first registered in 1989 as a condition of my probation and the next time I had to do it again was 1996 when I got a letter from CA, DOJ telling me “I have to do it every year.” I called the PD to find out how to do it and officer ask me “Are you still living at the same place?” and I said “yes” and she told me “Okay, you are updated” and that went on like that for 2 years, than she told me “i have come in every year”.

  4. Marty

    The concept of registering remotely sounds great. I for one will request an email to confirm receipt so they can’t later suggest that I failed to register.

  5. Inv4lid

    That’s crazy I just did my 30 day registration last month on the 28th in person and they made me finger print each page at the Temple city sheriffs station. I don’t think they are going to care about this piece of news I’ll find out for sure in 2 werks

    • someone who cares

      In4lid ~ I just checked their website, and sure enough, it says that all offices are open. Crazy, especially since LA is the hardest hit and the stay at home order was extended to August. How can they be open for In Person Registration and not be in violation to be consistent with state and local public health guidance regarding physical distancing? That is just crazy.

      • David

        L.A. County now requires you to wear a face mask anytime you go outside your home. So what if you go to register and simply refuse to remove your face mask for the photograph?? 🤔

  6. USA

    Great! What about OC? I registered via phone in mid March? The girl on the phone was clueless. Call back? People should realize that life will never be the same after this.

  7. TP

    Does anyone have any information on San Diego County registration at the SD sheriff licensing division? Website says in person Tuesdays and Wednesdays by appointment only. Tried to call and only get a machine recording. I need to register by the end of the month.

    • TP @ Janice

      San Diego county is still requiring in person registration despite the Executive Order and DOJ instructions, in case anyone was wondering…particularly Janice for the lawsuit.

  8. J

    I had to go in and register I was told to put a mask on and gloves I’m a high risk with my health because I have diabetes I had to remove my glove to give my thumb print No sanitizer was offered to me after placing my thumb in this ink that could have had countless people put there hands in it I was possibly exposed do the virus and possibly endangering my family this was in Riverside county

  9. someone who cares

    Has anyone registered in OC since the governor’s executive order? Is it by phone, and if so, what does it entail? Just name and confirmation that you still live where you live, or do they go through all the 5 pages that normally have to be initialed?

  10. nah

    I’d bet $100 the cops will take this as an excuse to visit each and every house for “compliance checks.”

    • Will Allen

      I don’t allow them to visit me. But I’d recommend to anyone who does to ensure that it takes them maybe 10 trips to get it done. What else do they have to do? It’s not like they are going to prevent or solve any other crimes.

    • someone who cares

      Nah ~ I thought the exact same thing, but in reality, I don’t think this will happen. They are not even responding to vehicle accidents unless the vehicle is blocking the street and can’t be moved. So, I doubt they will since that would mean close contact. Compliance checks are illegal anyways since nobody who is not on paper has to ever respond or open the door to LE. I know they do it anyways, but you are under NO obligation to open the door or answer any questions. Another BS thing that wastes tax payers’ money.

  11. wb

    I just left san Bernardino Pd and they are in fact doing registrations at the ploice dept , just did my annual registration at front desk records dept,,,,

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