[ketv.com – 5/19/20] OMAHA, Neb. —When “Jay” first heard the motive behind Mattieo Condoluci’s death, he immediately feared for the safety of his family. “We’re sitting ducks,” he said. Prosecutors believe James Fairbanks sent KETV Newswatch 7 an anonymous email about killing Condoluci. The sender said he had been looking for an apartment in the area when he discovered Condoluci on the Nebraska Sex Offender Registry. The sender described Condoluci as standing in his driveway pretending to wash his truck while staring at a group of children playing in the…
Read MoreMonth: May 2020
CA: Hollister PD to continue registering sex offenders in person
[sanbenito.com – 5/19/20] The Hollister Police Department will continue to register local sex offenders in person—with social distancing protocols in place—despite an executive order by Gov. Gavin Newsom allowing law enforcement to conduct such registration remotely. “The Hollister Police Department is aware of the seriousness and the need to monitor convicted sex offenders in our community,” reads a May 18 press release from Hollister Police. “The department has a barrier in place at our front lobby that protects our staff. Our personnel are also trained to use masks, gloves and…
Read MoreCO: Divided state Supreme Court ruling allows convicted man to terminate sex offender registration
[coloradopolitics.com – 5/19/20] In a 4-3 decision, the Colorado Supreme Court has ruled that a criminal defendant was entitled to his request to de-register as a sex offender because he completed the terms of his probationary sentence and therefore no longer had a conviction under the law. Brian Keith McCulley pleaded guilty in 2000 to two counts of sexual assault. One of the charges, a misdemeanor, resulted in 60 days in jail while the other, a felony, carried a deferred judgment. In Colorado, deferred judgments allow for completion of probation lasting…
Read MoreCA: Riverside County to Begin Remote Registration
[ACSOL] The Riverside County Sheriff has issued instructions in which he told the county’s Station Commanders to “develop and immediately implement procedures allowing registrants to complete their registration remotely, telephonically or in ways that allow for social distancing.” The instructions were issued on May 11 and are meant to implement the Executive Order issued by Gov. Gavin Newsom on May 8. According to the Sheriff’s instructions, Station Commanders may also “choose to accomplish registration and fingerprinting by offering in-person registration outside the station facility, or in-home registration (utilizing sworn deputies…
Read MoreHow the “Stranger Danger” Panic of the 1980s Helped Give Rise to Mass Incarceration
[jacobinmag.com – 5/18/20] The missing-child panic began with Etan Patz. Plenty of kids had gone missing before, but Etan’s case seemed specially designed to provoke a mass hysteria. In 1979, the six-year-old boy’s mother arranged for him to walk to the school bus stop on his own. She watched him depart from her Manhattan fire escape. Another mother was waiting two blocks away in an apartment overlooking the bus stop site, but Etan never arrived. The tragedy was and remains impossible to comprehend. His first time walking to the bus…
Read MoreComments Sought for Draft California Tiered Registry Forms
[ACSOL] The Criminal Law Advisory Committee of the the Judicial Council of California has prepared and released four draft forms to be used when the petitioning process of the Tiered Registry Law becomes effective in July 2021. Comments regarding the draft forms is due to the Committee no later than June 9, 2020. The four draft forms include: Petition to Terminate Sex Offender Registration (CR-415), Acknowledgment of Receipt by Law Enforcement/District Attorney (CR-416), Response by District Attorney to Petition (CR-417) and Order on Petition (CR-418). In addition, the Council has…
Read MoreCity of Oakland Agrees to Provide Remote Registration
[ACSOL] The City of Oakland has agreed to remotely register individuals as encouraged by Gov. Gavin Newsom in Executive Order N-63-20 which was issued on May 8. Those seeking remote registration should call (510) 238-2189 Monday through Friday from 8 a.m. until 3 p.m. The City of Oakland is also willing to accommodate any individual who would prefer to register in person. In order to register in person, an individual must set up an appointment in advance by calling the sex offender registration unit at (510) 238-2189 Monday through Friday…
Read MoreKat’s Blog: Wakulla County, Florida Discrimination Case
This news out of Florida is one of those David and Goliath type lawsuits, the little guy against the giant. City Walk Urban Mission in Wakulla County, Crawfordville, Florida, a small faith-based ministry whose motto is “every saint has a past, every sinner has a future” has come under fire by some of the town’s folk and law enforcement. Since 2013, this tiny non-profit ministry has worked to help rehabilitate ex-offenders, provided food and shelter, assistance in procuring employment and for some, reconnection with their families. The ministry’s address, a…
Read MoreNE: Suspend In-person Reporting During the Pandemic
[nebraskansunafraid.org – 5/14/20] he Nebraska Criminal Defense Attorneys Association (NCDAA) and ReConnect, Inc., have teamed with Nebraskans Unafraid (NU) to call on Gov. Ricketts to temporarily suspend in-person reporting requirements for registered people during the pandemic. The request was made in a May 11, 2020 letter to the governor. The letter was signed by Joseph L. Howard, president of the NCDAA Executive Board; Jeanie Mezger, NU Board member; and LaVon Stennis-Williams, Executive Director of ReConnect, Inc. ‘By mandating in person registration during this pandemic, the State forces its citizens to…
Read MoreCA: 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…
Read MoreCA: Oakland police suspend sex offender registrations during COVID-19 pandemic
Due to the threat from the coronavirus, the Oakland Police Department has closed its registry unit where many of the city’s sex offenders are required to check in every month, officials said. Now, the city of Oakland has no up-to-date addresses or other important information on hundreds of offenders – particularly transient sex offenders – raising concerns from victims’ advocates and offenders who are trying to register alike. “We’ve put a whole population at risk and I find that very, very concerning,” said Nina Salarno-Besselman, an attorney with Crime Victims…
Read MoreNC: Registrants Win in North Carolina Court
[ACSOL] A federal trial court in North Carolina has ruled in favor of registrants whose out-of-state convictions were determined by law enforcement to be “substantially similar” to sex offenses in North Carolina. As a result of this decision, registrants who were convicted of an out-of-state sex offense prior to December 1, 2006, and who also moved to North Carolina prior to that date are no longer required to register. The foundation of the Court’s decision was a violation of the substantive due process provision of the 14th Amendment. Specifically, the court…
Read MorePA: Court Determines Annual Registration, Internet Publication Punishment
[ACSOL] The Commonwealth Court of Pennsylvania issued an important decision on May 11, 2020, in which it determined that annual registration as well as publication of a registrant’s personal information on the internet constitutes punishment. The petition in this case committed a sex offense prior to the effective date of these requirements. According to the Court, annual in-person registration “imposes affirmative restraints and probation-like conditions.” The Court determined that the annual registration requirement was excessive. The Court also ruled that the state law requiring the posting a registrant’s personal information…
Read MoreInside an innovative program helping sex offenders reintegrate into society – and why it works
[theconversation.com – 5/10/20] In recent years, the biggest increases in Australia’s prison population have come from people convicted of sexual offences. From 2017-18, this segment of the prison population increased by 10%. The following year, it was up again by 7%. As a corollary, more and more sexual offenders are being released from prisons back to our communities. Understandably, a great deal of public concern often accompanies the release of sexual offenders, especially those who have committed offences against children. Despite this, very few programs exist to support sexual offenders…
Read MoreJanice’s Journal: The Stage Is Set, But Will the Players Play
California Governor Gavin Newsom has set the stage for the end of in-person registration during the COVID-19 pandemic. He did so by issuing an Executive Order that authorizes and encourages law enforcement agencies to remotely register individuals telephonically and by other means. The reason for these remote procedures, according to the Order, is to protect both law enforcement personnel as well as registrants. We acknowledge that the Governor’s order is a suggestion, not a mandate. There are no penalties for law enforcement agencies that choose to disregard it. But the…
Read MoreCA: Governor’s New Executive Order Encourages Remote Registration
[ACSOL] California Governor Gavin Newsom has issued a new Executive Order that encourages law enforcement agencies “to adopt telephonic, remote, or other procedures for registration” for a period of 60 days. The Order also encourages law enforcement agencies to “post or publicize” any new registration procedures it adopts “through means calculated to reach any person subject to the (Sex Offender Registration) Act.” “Governor Newsom has demonstrated both leadership and compassion by issuing an order that encourages law enforcement agencies to stop in-person registration for 60 days,” stated ACSOL Executive Director…
Read More8th Circuit Deems Failure to Register a “Crime of Moral Turpitude”
[floridaactioncommittee.org – 5/8/20} The US Court of Appeals for the Eight Circuit ruled yesterday that Failure to Register as a Sex Offender constitutes a crime of moral turpitude. In Bakor v. Barr, the Petitioner, a permanent resident of the United States, challenges his deportation back to his native country. Under the Immigration and Nationality Act, the Attorney General may remove an alien “who at any time after admission is convicted of two or more crimes involving moral turpitude.” Read the full article Read the opinion PDF on uscourts.gov website
Read MoreACSOL May 16 Phone Meeting
Please join me and ACSOL President Chance Oberstein, a criminal defense attorney, for our “monthly” meeting to be held as a telephone conference call. The conference call will be on Saturday, May 16 at 10 am Pacific Time (1:00 Eastern) and will last from 2 to 3 hours. Topics of conversation will include information about COVID-19 and its impact upon registrants and their families as well as the Tiered Registry and other current topics as well as recent court decisions and pending legal actions throughout the nation. Please Show up,…
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