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2020 ACSOL Conference – Postponed to Oct 10-11

ACSOL NewsCalifornia

Senate Committee Rejects CA Senate Bill 853

[ACSOL]

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.

Join the discussion

  1. SR

    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.

    • Totally against public registry

      SR, I totally agree with you. Tiers are inherently destructive if publicized, whether they are one or three. I would like to see the whole registry dismantled and no public involvement/persuasion in criminal cases, specially the so called “victim”.

      • dph

        Tier 3 for Senator W….majority of HIS Constiuents will be on T3.
        He had lost the 2 add tiers and most of us Gays are on 3….he doesn’t have full knowledge of his LGBTQQ ‘s they are not all flashers and pub park bathr deals. Hes missing the link. Thanks Str W. For getting a bill. Just wish he wouldn’t of bent politically for LE and DA’s. Sad.
        We WILL try to re-educate him.

    • EddieV

      In my ProPer writ I challenge Magens Law under the Daulbert Standard.. One of my argument’s that only the Courts have the authority to assis the risk level n snice even if the tiered law was retroactive which it is not un less the languge said so it would have to be done by the courts

  2. Matthew @Janice Bill Can Be Reconsidered

    @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.

  3. Eric

    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?

    • linda

      I have all the same questions eric ? And why would all CP be placed @ tier 3 ? Not all had contact , just looked . Thats kind of harsh ! This Hurtado was not willing to amend her bill and so it was rejected . I don’t know if they meant it could be presented again as it is at present or only if she amended it ? A lot of questions . Nothing is ever very clear to understand . Yet this was a great win !

  4. Brandon

    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.

    • Matthew

      At the hearing they discussed how bills should be equal to all parties. They pretty much were very fair in their wording.

  5. Mp

    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!

    • A.D.A.T.

      To answer your question as I see it, “ Peace of mind” is unique phraseology to the American culture. Most other cultures just call it for what it is, REVENGE! The U.S. wants to be vindictive without having the appearance of vindictiveness. Therefore they will turn a victim into a tool for their own self serving agenda. It’s not very healing for that person, but that isn’t the purpose now is it. The purpose is to use up that person’s pain until another comes along to “refresh” the cause. These politicians and Law Enforcement are actually hoping for another “Megan” or such to prove they need to go further to stop what doesn’t actually exist. They know the public will act out of emotion instead of logic and cry for stricter laws. It’s a shame when people hope for a child to get hurt so that they can profit from it.

  6. David

    “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!

  7. Kim

    Thank YOU, Janice, for your unfailing persistence on behalf of registrants. It matters, it really does!

  8. JAB

    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!

    • Janice Bellucci

      @JAB – Yes, I heard Sen. Wiener make a few statements today that lead me to believe he and his staff need to be educated about those currently “assigned” to Tier 3. This group includes people convicted of an offense involving unlawful images (aka child pornography). Many people in that group are gay males some of whom are even younger than the person in the photograph. For example, a 13-year-old male can be charged with and convicted of possessing an unlawful image that includes a 15-year-old.

    • Timothy

      These legislators can’t imagine that bills like this harm both victims and offenders. It would have been more likely I would never have been able to reunify with my family if this law was around and I was charged today. The desire for retribution has only grown in the public mindset in 20 years since I offended.. I would have never been able to explain to those harmed why I did what I did. I would not have been able to hear and understand their pain. I would have been less likely to feel empsthy. How is that prevention? I would not have been able to make amends with the victim. She would have been denied the opportunity to decide for herself whether to forgive or not. I would not have been able to accept her invitation to her wedding this year. How is that empowering the victim? The reunification process is like Skinner portrayed it like threading a needle. Everyone has to be careful and focused on the goal of truth and reconciliation with the possibility that the power to reconcile is theirs not some legislator’s. Any separation has to be judicial not automatic. You are dealing with adaptive human beings, not robots. One can sew up wounds that otherwise would have festered indefinitely.

  9. Registered Citizen

    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!

  10. mike r

    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.

  11. Jack7170

    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.

  12. SR

    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.

    • Nondescript

      The registry tiers are going to end up being very fluid. These clown politicians will be persuaded to redesignate certain categories of convictions to higher tiers as they see fit. I wouldn`t be surprised if registrants currently in tier 1 will be reassigned to tier 2 or 3 in a matter of a couple years. It will be like the the new Covi-Pass they will be rolling out in the U.S. that they are already using in China and Russia for all their citizens. Red, Green or Amber will determine whether you can or can not participate in society on any given day. Everyone is a registrant now- they just don`t know it yet. The good thing is that people will fight back- and those arguments used to designate everyone as a dangerous threat of carrying a deadly virus even if they are asymptomatic ( without due process to quarantine) can be able to be used for the plight of registry restrictions as well. We are going to have an opportunity here.

  13. AERO1

    I feel sorry for tier 3 sexofenders California is about to hang all of them…smh

  14. MarkV

    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.”

    • Bill

      In light of the economic impact caused by the pandemic and now riots and looting in parts of this state, I wonder how CA can implement their draconian plans on us when there is no money to pay for all this? Maybe they’ll sacrifice the education budget? Furlough law enforcement? Get rid of MediCal? Which financial limb are they willing to severe off to keep this charade going?

      • Rosco

        Dont worries. They wont forget about you Bill. You sex offender you!

        • Bill

          @Rosco

          They remember the money only. When the money is gone who will stay around for free?

  15. Harry Rumbolz

    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!

    • Klaz

      I’m with ya! While I very much appreciate ACSOL’s hard work, the Tier 3 scares me something fierce given the crazy vigilante groups. We just had a conversation at our house about ramping up our security at home when it gets implemented. All for a 30-second video and a plea deal that never should have happened. It’s hard to believe it’s going to come to this.

  16. Tom

    Janice Bellucci,
    Are there any exceptions to this tier 3 problem? OR, Is everyone on tier 3 in potential trouble?

    • SR @ Tom

      This shouldn’t affect everyone across the board as in some cases, such as CP possession, there is no direct victim to issue a restraining order to protect. And against others, there would need to be shown good cause as to why a protective order would need to be issued against. I for example might be affected by this as I’m currently set to be T3. My crime was non-contact against a stranger for taking an upskirt photo. If they applied this retraining order against me, I’d have no ability to comply with it as I have no idea where my victim lives, her name, and I honestly couldn’t pick her out of a line-up. From reading the bill, I can’t see how people who are off paper and crime free would have this applied to them arbitrarily as there would be zero good cause to assume the person would suddenly start harassing the victim years, potentially decades, post conviction. This seems like it’ll largely affect people during conviction, those that harass the victim post conviction, and those exiting prison and being placed on parole as a Protective Order seems to be often assigned to them upon reentering the community.

    • SR

      There’s also the issue of due process of applying this just because. This isn’t an amendment of 290 that get around things because it’s “civil regulation”. This is a restraining order that allows heavier application against 290’s. So it should still be subject to due process that all such things get. The bill analysis and even many of the senators expressed their concern about due process that this posses, and that’s what’s likely to keep this dead.

      • steve

        Being forced to move up a tier level without due process is also unconstitutional.

        • SR

          I’d think so. And I bet ACSOL will likely challenge the registry based on this fact once it goes into effect in 2021. Especially considering that it removes an exit that someone had with COR who will now be permanently placed on lifetime. This is something that doesn’t square with those convicted prior to this implementation. And this is something we’ve seen to be important for courts in other states.

  17. Saddles

    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.

  18. steve

    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.

    • A.D.A.T.

      The tier system as California has written it is a sham! They make tiers, then decide that majority of offenses go on tier 3. Then the state starts making laws that “only affect tier 3”. Well that pretty much covers everyone! C.P. being the easiest of all offenses to make sound the worst, they put EVERY C.P. offense in tier 3.And I suppose once this goes into affect, every person that wasn’t on public registry will be immediately put on it. I am so tired of hearing that I am a public danger, a menace, a problem with no solution but to tag, bag, and throw away.
      I F’ing had less than 15 pictures in a file that hadn’t been opened in almost 7 months! I see more porn on T.V. commercials than I have seen on my computer in 6 yrs! Has anyone filmed my standing on a man’s neck and killing him? Yet I am going to be forever marked as a danger. This is insane!

      • Janice Bellucci

        @A.D.A.T. and others – As currently written, the Tiered Registry Law will allow about 70 percent of those on the registry to petition for removal when they become eligible. There are improvements to be made in the Tiered Registry Law and ACSOL has been working diligently to see that the improvements become law. For example, we have argued and will continue to argue that CP offenses do not belong on Tier 3 and should be reduced to Tiers 1 and 2. We have also argued and will continue to argue that an “off ramp” needs to be created for those in Tier 3 who have not re-offended for 30 years or more. We can only reach this goal if everyone — including registrants, family members and supporters — join us in lobbying next year.

        • TS

          25-30 years is equal to a murder conviction life sentence when parole could start, if an option, in CA, depending on the online CA legal source read. So why isn’t 25 years the off ramp line to start for T3 on the way to full abolishment?

        • Gralphr

          Janice,

          Why is 30 years the number for getting off? Its as if people don’t realize there’s plenty of registrants who are married WITH children of their own. Personally I’ve been out without probation or parole for 13 years, married and have children, obtained a degree, and have always been employed. What more can I do to show that I want to be a law abiding member of society? Why must I wait until I’m in my 60s or 70s to not be considered a threat for something from my early 20s? Especially when there has not been any negative interactions with the police? Its things like this is why My wife and I are looking into moving out of this country. Its totally inhumane………..

        • steve

          Yeah while the other %30 are thrown out to slaughter. If you weren’t a tier 3 but will be one how does one overcome this new stigma? You don’t.

        • A.D.A.T.

          I know you and the staff are fighting this.
          Why do I see law firms stating that CP is a tier 1 for misdemeanor and tier 3 for felony, yet you are stating that CP is tier 3 across the board.

      • Jackson

        2 years ago when I was sitting in a Wisconsin prison for a cp offense, I actually considered doing interstate supervision in my home state of California because I thought it would be easier. Although I would have been classified lifetime like every registrant in California, at least my home address would stay private although I’d be listed by county and I come from a big county in Cali, so that’s okay. Then I learn about the tier reforms set to take place in 2021, so at first I said okay, cool. It’s not the best, but it’s a starting point and Janice and ACSOL worked very hard for it. Shortly before my release, other complications came up that prevented me from doing interstate to Cali, so I said well, I’ll just wait a couple of months after I get out, then I’ll transfer supervision to California. But once I’m out of prison, I start getting a ton of information because I’m no longer in the dark. The first thing I learn is that cp offenders will get moved up to tier 3. I said oh shit, that’s goin be a problem. And since I’ll be tier 3, my address will be listed-another problem. Then I’ll probably (it’s hard to get a straight answer on this one) be on ankle bracelet under Cali’s supervision. Then some California lawmakers and vic rights people want to propose classifying child pornography possession as a violent crime. And finally California gets this latest bill (shot down for now but it could resurface under another bill) that wants to put more restrictions on tier 3 offenders. I’m glad I didn’t go to California. But I also plan to leave the shitty state I’m in when I get off supervision in 2 yrs. I’m heavily leaning toward Massachusetts where the state courts have long ruled cp possession not a child sex crime, just a tier 1 sex crime where NO public info is listed. So I’m taking my retirement and finding a nice liberal mountain town in western Massachusetts to settle in. My current state has me listed life time registration but once I leave, FUCK WISCONSIN! They’re not getting my out of state address because they have no jurisdiction over me once I register in my new state.

  19. A.D.A.T.

    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.

    • L.V.

      I am glad you pointed this out about Law Enforcement because it is so true. They want any Bill’s to pass- just for the money, and we are talking about an absurd amount of money! Of course, they were there in support of it passing.
      I find it odd that with the amount of sex-trafficking going on in every corner of the US and the surveillance they are equipped with we would hear about raids and arrests. I live in Los Angeles, and I don’t hear a thing? Seriously. Maybe I don’t know where to look? That doesn’t even sound right.
      Could it be they are participating and covering up this billion dollar illegal activity?
      For all of us already on the registry what do they do to justify the amount of money they get? I think we need transparency here. If it were to show that the money was not being used to protect, I think it would be an excellent time to make the case that tier 3 in outrageous and we want clear and convincing evidence of what the money is or has gotten us to date? Otherwise, there’s no reason for tier 3, or it’s left for serious cases that need case evaluations, but its definitely not for the amount of registrants it will envelop.

      • L.V.

        I just read the article about the surge of cases for Los Angeles Police. Sad, but I still say where are those resources? Los Angeles P. D. and Los Angeles Sherriffs get tons of money for sex cases.
        If you read the article, they make it sound like 2 people are working cases! I can’t believe the words the person used, which were so vague, such as once this pandemic is over, they’ll be able to use their resources like before. Explain.
        Also, the “vast majority of predictors were in different countries.” But they are making the public think otherwise. I’m with Trump, its FAKE NEWS!
        We just need to call out Law Enforcement, and maybe we’ll see new laws altogether.
        We are the new MeTooMovement. We’ve had enough of padding their pockets, and our entire lives ruined, forever! I do believe this. Communities look up to them, but there is seriously corruption when it comes to “sex-offenders.”
        Just the term itself brings up $$ signs. “Murderers.” Zero dollars.
        I’m done here.

        • Will Allen

          Yep, the main reason that Registries exist today is to keep people paid. Obviously Registries are not needed or useful for public safety. That is clear to anyone with a semi-functioning brain.

          Registries are for $$$ and making a minority of people feel good. That’s all.

          No one should be with Trump though. That’s embarrassing.

        • Tom

          It’s all about JOBS. Too many educated idiots with nothing to do. So, lets put them to work, but HOW and WHERE? I know, let’s expand the Gov. and then ask for more money. Where do we start?
          I know, PUBLIC SAFETY! Scare the public and they will accept higher taxes!
          What a SCAM!

  20. Saddles

    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.

  21. Robert Curtis

    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.

  22. b.s.

    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.).

  23. New Person

    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:
    ****
    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.
    ****

    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:
    ****
    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.
    ****
    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?

    • someone who cares

      New Person ~ Very well stated. The registry is nothing but punishment. It is NOT just regulatory. We can’t be on vacation during our annual registration time frame since we have to go IN PERSON within 5 days. So, where and how is this NOT punishment? Even if they permanently changed it to remote registration, it is still punishment. I don’t go to jail if I “forgot” to pay or renew my car registration. What happens if I “forget” to register? And then this whole BS about being able to petition!! Under what grounds. It should be automatic. The Tiered Registry might be better for some, but it does not make it right by any means. It’s just accepting the lesser of the two evil when there shouldn’t be an evil at all. It’s like telling you you have the choice to be either shot to death or stabbed to death. Neither is anything we would want, but we would have to make a choice that might be more tolerable. Hopefully, the whole registry will be deemed unconstitutional. That is the ONLY acceptable solution in a so called FREE country.

      • Mike Rod

        Does Senator Hurtado understand what it means to WASTE time? If SB 853 was voted down under it’s current form, why the hell would you resubmit it again in Its entirety??? Even if she adjusts it to include only Tier 3 registrants, WHY?
        Did she ever use empirical data to defend her Bill? I am Mexican American and I am ashamed Senator Hurtado and I share the same ethnicity. She is a college graduate and a member of the U.S. Senate. WOW, it’s embarrassing to have such a short sided view from such a young Senator who could be using her intellect to drive her politcal views instead of taking shots at the most vulnerable citizens in the union, 290 registrants.
        It’s not popular backing positions that are not popular. However, nobody said being a leader was ever going to be easy. Formulating Bill’s to prosecute 290 registrants does bring VOTES but it also highlights your lack of compassion for basic human rights.

        You do the crime, you do the time…apparently not if your a sex offender in the United States.

  24. Notorious D.I.K. / Kennerly

    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?

    • A.D.A.T.

      As I am not in his district, I left a voicemail at his S.F.

      I basically left the same message, noting that he seems to be bowing to the pressure of his peers. I stated that the tier system means nothing if it is continually abridged to suit whomever needs help getting re elected.
      While I don’t expect a response, it was a moment of satisfaction, however brief those moments are in a registrant’s life.

      • w

        Just fake a zip code next time.

        Anyway, the shaming created by the registry keeps people down. It strips people of their will and it weakens any politician’s position to show support for RSOs. It takes rational people to get past the shock factor. Unfortunately the shock factor is what the public gets exposed to. It’s an effective attack vector for bad laws and corruption.

      • steve

        What he’s bowing to is an election year. Once it’s over he’ll change his mind. In the meantime it leaves us to worry about something that may or may not happen.

    • Will Allen

      I love the tone of this and it is so accurate. My rights and life don’t have shit to do with any victims. They aren’t related in any way. I was punished harshly for what I did, grossly over-punished, and I paid the full consequences. My victims are no more damaged by what I did than I am by being a victim many times throughout my life. Registries have nothing to do with past victims. Or “balancing rights”. No one has any right to know anything about me. F them.

      The only problem I see with your writing is that it was too nice to the douche bags.

      Today, I’ll take real, concrete actions in actual real life, to retaliate for the Registries and legally cause harm. There must be war.

  25. steve

    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?

  26. A.D.A.T.

    I am moving today. I decided the place I live right now is too detrimental to my mental and physical well being. As I mentioned before, my neighbor tenant was vocal about my status. It was a high crime area, but it was all I could afford in the Bay area. Amazing that 5 yrs ago I had a house, a great job, and friends. No

    • A.D.A.T.

      None of those things exist now. I am moving into a room my therapist found for me. The man knows nothing about my offense. It’s quiet and in a good neighborhood. But now I am so worried that the police will come and destroy this for me. In 5 yrs I have never had a residency check, but I am so worried now. One of the neighbors works for the Santa Clara D.A. .
      These laws that the politicians are constantly pushing for are destroying lives in so many ways. They create a feeling of hopelessness that builds up and destroys your will to go on. My therapist told me that if something comes up and I have to move again, then we will find another place. Like a foster child that no one wants. And they will come and destroy that. Of course society will be better off and everyone can feel safer knowing that a quiet, considerate, giving person will no longer be around.

      • Bill

        @A.D.A.T.

        There is nothing more that will rob your joy of living in the now than when we start comparing our current circumstances with our past “glory days.”
        I get what you’re saying and I’m going through the same thing.

        I had a place, a career, and a life. Then my stupidity got the best of me and I went to prison on CP charges for many years. When I came out the world that I left has moved on without me. The life, the place, and the career that I was accustom to were gone too.

        Like you I grieved of my loss and yearned for past joys. Like you I felt like I was less than what I was before the charges.

        But at some point I learned to let that go. I’ve met people who have suffered tremendous losses but has forged new paths in life. Imagine losing the use of your arms and legs? Imagine losing your sight? Forget about that house you use to have…how about not being able to walk to the bathroom?

        What these individuals have taught me was to let go of comparing myself with others and past glory days. They rob you of experiencing the potential of the now. Right now you are on a completely different path with different opportunities that you may not able to see because of your yearning from the past.

        Let it go. Give your present now an opportunity to show it’s potential.

      • Blake

        A.D.A.T. You need to stop whining and get your ass in gear! Okay, so you’re a sex offender. Big Deal! If neighbors & former friends don’t want you around them-fuck um! It’s about feeling good about yourself, not what others feel about you. You still have a lot going on, one being you’re still able to rent a place in the most expensive county in the country. A lot of sex offenders are homeless in California. And the fact you we’re worrying about living in a bad neighborhood before, tells me you never did prison time in the golden state for your offense. Now you want to “really” talk about being around “bad” people? Try making your home in California’s prisons. Also, you have people on this forum who served years in prison for their sex offenses and in some states, they’ve been imprisoned just for having pictures on their computer. And I don’t think they want to hear your sniveling. So my advice to you is to pick up your balls & lift your head up high. It could have been a lot worst. Try and get into your own biz, tap into some govt money, anything that can get you independent and not have to worry about depending on some paranoid prick for your livelihood. And once you start feeling good about yourself again, you can dump the pills and the shrinks. You won’t need all that shit anymore, so good luck.

    • USA the 2nd

      @Mr. ADAT What did you do? What was your sex offense? If you don’t mind me asking. Your neighbor wanted you out of that building badly for something.

      • Bill

        It shouldn’t matter what A.D.A.T.’s charges are anymore. Would you be less judgemental if he got caught urinating in public? You, I, and the rest of us are NOT our charges. There are some on the Registry that have harmful impulses that need help and to be monitored. The rest of us are just moving on. As for the neighbor he just needs to get a life.

      • A.D.A.T.

        Mine was a Santa Clara Co. 1 count possession C.P. that I had finally reduced to misdemeanor due to finally finding a good attorney. The tenant was using me to deflect attention from himself. As to the previous comment. Maybe easy for you to “ pick up your balls and say fuck ‘em” but I don’t think that way. Maybe I have had a lifetime of this kind of treatment and quite frankly don’t consider myself in the same position as the offender homeless. Maybe I’m not comfortable acting like a jackass and telling people to fuck off. Maybe I want to be accepted for who I am rather than what I did. So I’m a registrant? So what? Well then maybe the 1st person I should tell to fuck off is you.

        • Bill

          @A.D.A.T.

          I don’t see anywhere in Blake’s comment about telling you to tell people to fuck off and be a jackass. What he was saying that if the people around you, whether they are your neighbors or friends, can’t get over your CP charges then move on. That was what he meant when he said “fuck’um.”

          And he’s right. Don’t let other people determine your self worth or wait at their heels for their approval. And if you could only show as much resilience in your circumstance as you are being defiant to Blake’s advice then you are on your way to a successful life.

  27. AERO1

    How can someone hold there head up high if there a sexofender no matter how much you lie to yourself or try and live a normal life you’ll never be accepted in Society its pointless to even try welcome to hell on earth

    • Bill

      @AERO1

      Now that you have vented that out I want you to absorb these new thoughts:

      “My self worth is only deteremined by me and me only. I alone truly understand who I am in ways society do not because I am the true witness of my life. I will NOT let others who has not lived even a day in my shoes to tell me who I am.”

      “And to those who want to label me, oppress me, and put me down….can go F#CK themselves in the ear really hard…”

  28. just me

    This is just another reason why the entire tier approach never should have been supported! That was never designed to lead to the end of registration, it was the opposite. And now you see them using it to load on more crap, and when too many complaints because of lower level offenses, instead of it being nixed, they say well then, Teir 3 — and so it can live on, and later expanded to tier 2 maybe.

    But yes, you are individually assessed for a tier. They have a neat computer program, and computers can’t be wrong, right? Nobody even knows all the things actually in that computer program for assessing you. But even the factors they have mentioned, such as whether you are marreied, are BS — you could be required to register simply because you are not married — and what if you were married to another registrant. And you can’t challenge them, its a computer, computers can’t be wrong, computers are experts. And we didn’t fight this. A judge isn’t going to favor your say over the computer’s say.

    Meanwhile, all those in Teir 1 should not be registering ever — OR, as a compromise, make it as it was before Clinton went animal on registration, make it so you register only while on probation, and when you get 1203.4 relief at end of probation, done, you no longer have to register. There is no further review needed for relief, by law probation IS the review and 1203.4 is the confirmation of that 1203.4 used to sometimes be called statutory rehabilitation, you were considered to have proved rehabilitation while on probation (same for parole). They used to do it like that, registration was never really lifetime for lesser offenses — until the mid-1990s. Even higher offenses could see a COR in five years and that allowed them to stop registering, they did not need a full pardon.

    Why are we not pushing this approach NOW. The tiers are BS, push to eliminate registraiton for all in Tier 1, those people should be out of registration at least after probation. Same argument can apply to Teir 2, certainly any who got probation, but after parole otherwise. Teir 3 will always be the tough one, but no one should have registration more than 10 years without another registrable offense — 10 years since last offense, does not need to be only one offense in a lifetime, last offense. The test of time is better than any other assessment, and 5 years is generally considered to be when recidivism rate plummets, so more than 10 years cannot be justified. How about pushing this? When you get the registration done right, the other things come along with no foundation, are much easier to thwart.

    Why did this group support making a minimum of 10 years registration, with no automatic end to it at 10 years, for any of the offenses in tier 1? In fact, three of the offenses could have gotten a COR in 7 years and stopped registering, the tier bill increased that to 10, and the showing to get relief is the same standard as a COR anyway. This group supported lengthening registration.

    • USA the 2nd

      @Just Me You’re not looking at the whole picture. The state of California is already taking recidivism into account for low level offenders. And that’s by not sending them to prison. Most of these “low level” offenses will get you prison time outside of California. Get caught possessing child porn in Arizona and see what they’ll do to you. And you can’t blame that one on Bill Clinton like you’re trying to do with this.

  29. Robert Curtis

    Thanks for all those involved and those that although perhaps not present but helped to fund this on going fight with your donations. Without everyone’s involvement we would not be this far in protecting and fight to get back our rights. So remember to donate what you can. Hope my donation request wasn’t considered bad form. To support ACSOL is to support ourselves and we ALL have a part to play….

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