The Senate Public Safety Committee today stopped Senate Bill 853, which if passed, would have significantly increased the duration of criminal protective orders up to an individual’s lifetime. The Senators voted after hearing from more than 40 people opposed to the bill, including representatives of the ACLU, California Public Defenders and the California Attorneys for Criminal Justice. By comparison, only 8 people spoke in favor of the bill.
“ACSOL and its members are to be commended for stopping a bill that would have violated the rights of registrants and prevented them for successfully reintegrating society, in general, and their families, in particular,” stated ACSOL Executive Director Janice Bellucci.
During the hearing, Senator Nancy Skinner, who chairs the committee, stated that it was important for the Committee to “balance the rights of everyone,” including victims and registrants. She stated doing so was a challenge similar to “threading a needle.” Senator Skinner provided the author of the bill, Senator Melissa Hurtado, an opportunity to amend the bill so that it would apply only to registrants assigned to Tier 3 under the Tiered Registry Law. Senator Hurtado stated she would not accept the amendment because it would not protect enough victims.
Also during the hearing, Senator Scott Wiener stated that he would be able to support SB 853 if it were limited to to individuals assigned to Tier 3. However, he added that the bill in its current form was “a step too far.” Senator John Moorlach noted the large number of people who spoke in opposition to the bill and wondered whether the bill would pass constitutional muster. Senator Moorlach stated he regretted that, as an Orange County Supervisor, he supported presence restrictions adopted in that county which prohibited registrants from visiting public places such as parks, beaches and libraries. Those restrictions were later ruled as unconstitutional by state and federal courts.
Those speaking in favor of SB 853 included Tim Ward, Tulare County District Attorney, who stated that the bill was necessary in order to provide “basic peace of mind” to the victims of sexual abuse. Others speaking in support of the bill included representatives from the California Police Chiefs Association, the Alameda County District Attorney, and State Sheriffs Association.
Prior to the vote, Senator Hurtado stated that if the bill was stopped by the Senate Public Safety Committee, she would introduce a new bill during the next legislative session.
Fantastic news! But, for the love of god, can they stop trying to stack everything to Tier 3? People are being placed there solely based on their crime code and not any actual evaluation. In my opinion, Tier 3 placement should be solely reserved for court specific evaluation and placement for each individual. Not an arbitrary check list for the masses.
@janice During the next bill (price gouging), they backtracked and said her bill can be reconsidered and granted it to Hurtado if she chose to present it at a later date this year.
Thank you Janice and ACSOL, you are amazing and a blessing. I shudder to think where I would be without you. I would be at the mercy of these imbecilic politicians. Just curious, was the reason that this bill was generated ever discussed. Has there been a huge surge in registrants stalking and assaulting the people they were charged against? Has there been an uptick in re-offending? And I kept seeing tier three brought up. This as it stands is where CP offenders will be placed. Will placing a GPS monitor on them some how curb a re-offense on the computer? I am just curious as to why this bill came up. Am I cynical to find coincidence that it is an election year and with the pandemic there are many very frustrated people in the state as unemployment soars and the state debt climbs and politicians seem to not have any answers for anyone?
Why are all
Proposed bills only focused on the victims? I thought all of this was to prevent sexual abuse. Oops I forgot that isn’t the goal either. The tangle web that weave when all the government does to deceive!! I’m glad that the bill was defeated and hopefully the sponsor will have a come to Jesus moment and do the right thing to prevent abuse before it happens.
One of the things that always strikes me are sentiments like….”the bill was necessary in order to provide “basic peace of mind” to the victims of sexual abuse”.
Why do we always tell/teach people that they only way to have “peace of mind” is to punish someone into oblivion? And isn’t the objective to prevent as much sexual abuse as possible? “Peace of mind” is not going to prevent anything. What would bring me peace of mind is knowing the person has learned and has the tools necessary to not create another victim.
Great job and much appreciation to all who spoke up and of course ACSOL!
“Those speaking in favor of SB 853 included Tim Ward, Tulare County District Attorney, who stated that the bill was necessary in order to provide “basic peace of mind” to the victims of sexual abuse. Others speaking in support of the bill included representatives from the California Police Chiefs Association, the Alameda County District Attorney, and State Sheriffs Association.” What about an offender’s “basic peace of mind” when it come to be killed after someone uses the registry to murder offenders as recently happened, and will continue to happen as long as the registry is made public!
Thank YOU, Janice, for your unfailing persistence on behalf of registrants. It matters, it really does!
First off, great work team! I was not happy when calling in and it kept bumping us off! Our voice was not heard in opposition, and I immediately called the 800 customer support number to report this issue. I am not happy though that Senator Weiner would vote for it if it were changed to affect Tier 3. I will be contacting his office urging him not to punish Tier 3 with this law. Does he not realize many of his community, GAY MEN whom were targeted because THEY ARE GAY, will be a Tier 3! Are you telling me Senator, you will back your own community being witch hunted as a Tier 3 registrant, with this ridiculous and punitive law! I think we need to let Senator Weiner know this is not acceptable! I am also confused that they did say in the next bill that they will reconsider her bill? WTF? Did you hear this Janice? Any input?
We have a long battle ahead. Keep donating everyone! ACSOL needs your help. Even if it is small amounts. I know I did my part to keep the fight alive! We must not give in!
Thank you St. Janice and the ACSOL, ACLU, and everyone else who saw this as ruining more people’s lives. The chest-pounding is delusional thinking, and they love to pass more and more laws in the lie of protection.
Thank you so much to all!
It is coming tier 3 people,
“Also during the hearing, Senator Scott Wiener stated that he would be able to support SB 853 if it were limited to to individuals assigned to Tier 3. ”
Residency restrictions, presence restrictions, quarterly reporting, frequent home checks. Just to name a few. All to get a handful of individuals off the registry that may or may not be dangerous.
Wow on what moorlach said. Who’d have thought he’d say something like that. Maybe these people are starting to feel the beginnings of remorse haha.
I’ve sent Senator Wiener an email asking him to explain why he’d support this bill if it were limited to Tier 3 considering how arbitrary tier assignment is. Not sure if I’ll get a reply, but I had to voice my concern.
I feel sorry for tier 3 sexofenders California is about to hang all of them…smh
Thank you to all those who opposed such a draconian bill. There will always be people who think they are fighting for a just and noble cause only to later find out their real intent was based on prejudice and hate. It is good that many stood in opposition and proof that “Together We Can.”
Thanks Janice for all your work! It was quite an experience participating in the telephone discussion. We still have a lot of work to do.
God bless you!
Janice Bellucci,
Are there any exceptions to this tier 3 problem? OR, Is everyone on tier 3 in potential trouble?
Talk about “Don’t let the sun go down upon your wrath” If you first dont’ succeed try and try again. One wonder who is in denial today are the court systems that can’t see the writtings on the wall. or is everybody wearing a mask today to cover up or overshadow in much of this that we all on the registry go thru.
Even Kat doesn’t like the way many trample on others via this registry. I believe chapter 5 & 6 should be what everyone should read as it says a lot in many respects. Janice is a trooper and she has a lot to accomplish as well as the other advocates. Yes the chips can be down but their is always a brighter horizon ahead. All is not in vain. Press on for the goal.
Having a tier 3 designation will give them free reign to shit on anyone listed as such. The tiered registry is unconstitutional and I hope janice fights for anyone who moves up a tier because of this band aid law.
Is it surprising that L.E. Supported this bill. They see an increase in funding with any bill that puts further restrictions on registrants. Like I have said before, they see us as low hanging fruit for them to pick. Easy targets to have rights violated and act like they are keeping communities safe. Meanwhile they are committing the very offenses they are sworn to protect.
Ok A.D.A.T. report to the principals office right now you and Will and I’m sure he can toss in a bar of soap also. You talked about ” Revenge” and self serving agenda’s. I guess one does have to be 18 or over to see the movie “Basic Instinct” or did kids line up at the movies with fake ID’s I never really liked the movie that much. I suppose if your caught they Reject one by some logical way of putting them on report or in jail for watching without 3-d glasses.
One wonders if their are people that really use logic today or for that matter reasoning or is it all balled up in some computer of a Dell or Apple variety. Everyone on the planet makes mistakes. Their is not one perfect human being. That includes for your information Presidents, law authorities, judges even oneself and so forth. One wonders if the Scarecrow actually found a brain when he was looking.
We all get good and bad news many times but we have to face these trials and also be of good cheer. Sure we all liked the pinta colada song to escape but one wonders when or if anyone is gonna escape this sex registry. Progress doesn’t come over night and upsets are not always pleasant at times.
Sure legislators want to thread that needle to fine point the sex offender and make them the worst example if you want to call it that. I’ve even have a copy from my lawyer that tossed in the towel on me that says I’m not an SVP in his view. Even my past PO officer can attest to that but still I’m in denial in their views so different people have different views. Just remember a servant is to serve for the good and not the bad and thats what brings peace in American Justice or do we all go on an escape from alcatraz and Will can be my cell mate . In the a little christiany goes a long ways and yes theirs hope.
Thanks to ALL who engaged as the opposition to this bill. Special thanks to Janice and her team for keeping their hands on the pulse of what is happening at the capital.
I’d like to know where I can find the information that this Senator said
( Senator Moorlach stated he regretted that, as an Orange County Supervisor, he supported presence restrictions adopted in that county which prohibited registrants from visiting public places such as parks, beaches and libraries. Those restrictions were later ruled as unconstitutional by state and federal courts.).
Janice and all who participated or called-in, a huge thank you! I needed to hear some good news today as it’s just one of those down days that snatch you up in the middle of nowhere because of the registry.
Quote from the Article:
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Senator Moorlach stated he regretted that, as an Orange County Supervisor, he supported presence restrictions adopted in that county which prohibited registrants from visiting public places such as parks, beaches and libraries. Those restrictions were later ruled as unconstitutional by state and federal courts.
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I have a question about this. Were all the restrictions applied to all registrants or only registrants on parole? This is important to me because if it was applied to all registrants, then the state applied actual punishments on the books during that time period. If that’s the case and if someone earned a 1203.4, then it’s a direct disability implemented that should allow one off the registry during that time period it was enacted and if a person earned the 1203.4 during that time.
As for the piling onto Tier 3, it’s bad. All I know is that Tier 3’s have no legal course to pursue and obtain privacy in the state of California as it’s a lifetime registration. I go back to the California Constitution which states:
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All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
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Link: https://law.justia.com/constitution/california/article-i/section-1/
The “and pursuing and obtaining … privacy.” should be pertinent as it’s explicit verbiage. This tiered bill is unconstitutional. Welp, the registry was unconstitutional to begin with because it gave all of us a lifetime sentence. We should be hammering the CA Constitution as Tier 3’s right to pursue and obtain privacy have been taken away completely. If Tier 1 and Tier 2’s have that pathway to pursue and obtain privacy, then why is that also not extended to Tier 3’s? If a Tier 3 re-offends, then that’s what prison is for and the re-offender can stay there longer. What’s the purpose of prisons?
We’re still under custody despite being told legally we’re not under custody. We have to check-in in person at least once a year, have several restrictions bestowed upon us, have our info distributed on some background checks, have our info willfully distributed federally and internationally, and have compliance checks. Then, if we’re lucky, we have to be re-evaluated to get off from the non-custody custody scheme? Isn’t that basically like a parole board to see if you can be released from prison? Any violation leads you to jail. That’s not a civil scheme at all. The difference between a civil and criminal punishment is one is simply a fine and the other puts you into custody (jail, probation, or both). But I digress.
Anyhow, look to the Constitution, Tier 3’s. Your rights are being violated once the Tiered Scheme commences as the state recognizes a pathway to obtaining privacy again for Tier 1 and Tier 2. This isn’t like the CoR where you get extra benefits such as getting a license for a higher paying occupation. The Tiered system is for you to regain you privacy alone. It’s an inalienable right to pursue and obtain privacy. Maybe it’s time to enforce the law?
I wrote to Scott Wiener: “Senator Wiener, as one of your constituents in S.F., I was disheartened to read of your offer of support for a hypothetical new version of SB 853 if it were limited to “Level Three” offenders. As both a voter and someone placed, unjustly, in Level Three, I urge you to rethink your support for a bill that would violate the rights of your fellow Californians by stripping them, once again, of due process procedures. My rights are not available for you or Nancy Skinner to “balance” against phantom victims. You have a ways to go before you are adequately informed of the realities of the grotesque injustice meted-out by California’s sex offender registry. I vote in every election, by the way.”
I’m so, so sick of hearing that “balancing the rights of everyone” nonsense. Rights are not in conflict with one another in the Constitution (show me where it says otherwise) and not subject to being interpreted through someone’s imagined sense of “balance.”
Separately, I do assume that “Levels” will be viewable on California’s hit-list web page. Now how is that an improvement upon the non-tiered system, again?
Janice do you know for a fact they aren’t going to list people’s tier levels? Do you realize the consequences of this if they do?