How dare they! How dare the CA Department of Corrections[1] once again deny rights to individuals solely because they have been convicted of a sex offense.
Didn’t they learn? The department has recently lost every case in which another of their “mistakes” involving registrants was challenged. Those cases were focused upon the department’s regulations which denied the benefits of Proposition 57 to every person convicted of a non-violent sex offense[2].
The number of Proposition 57 lawsuits is large and includes successful challenges by ACSOL at both the trial and appellate court levels. It is important to note that the department has lost every court challenge. It is also important to note that the department has delayed justice in these cases by requesting review of the cases by the CA Supreme Court. Because the Court has no deadline, it is not known when the Court will issue its important decision regarding Proposition 57.
As we wait for the Supreme Court to render its Proposition 57 decision, there is another and even more important issue that has arisen for registrants who are currently incarcerated. That is, whether individuals convicted of a sex offense can be denied early release from prison during the ongoing global COVID-19 pandemic.
Looking at the two issues side by side, they appear to be similar in that the department in both cases is denying a benefit to registrants. Looking at the two issues from a different perspective, they are vastly different.
Why? Because Proposition 57 provides those convicted of a non-violent offense an opportunity to be considered for early parole. Specifically, Proposition 57 does not guarantee early parole for anyone, it merely requires the department to consider it.
By comparison, the department’s recent decision to exclude anyone convicted of a sex offense from early release from prison could have deadly consequences. As the department acknowledged in its press release regarding this matter, prisoners are being released in order to “protect staff and inmates at the state’s prisons from the spread of COVID-19.”
It is widely known that California’s prisons are at high risk for COVID-19 infection due to the fact that many of them are over populated. In fact, the department itself reported on June 24 that 1,826 prisoners and 356 staff members had already been diagnosed with COVID-19 and of that total, 20 prisoners have already died.
Therefore, the department’s refusal to release from prison anyone convicted of a sex offense could be tantamount to a death sentence.
How dare they?
No individual convicted of a sex offense can or will be sentenced to death. And yet the department has assumed the role of executioner.
We are attempting to address this dangerous situation in the courts. We filed a lawsuit challenging the department’s decision on June 23 in Los Angeles Superior Court. And we filed an application for a Temporary Restraining Order (TRO) in the case two days later. A telephonic court hearing regarding the TRO is scheduled for June 30, the day before the department will begin its early prison releases.
We will report the outcome of the TRO hearing on this website the same day of the hearing. If a just decision is not made that day, ACSOL will organize a protest of that decision using every method available during the current global pandemic.
References:
- [1] While it is recognized that the full name of this agency is the CA Department of Corrections and Rehabilitation, the phrase “and rehabilitation” has been dropped intentionally in order to call attention to the fact that the agency fails to provide adequate resources for that purpose.
- [2] CA Penal Code Section 667.5(c) lists only 9 sex offenses as violent offenses. The current total number of violent offenses is 27, however, law enforcement is attempting to significantly increase that number from 27 to 51 in a ballot proposition known as the “Cooper initiative”.
Janice,
I respect your anger but they’re not going to stop. WI used to call it ” House of Corrections” to emphasize something. Today it is called “Dept. of Corrections.” Titles are important, as the use of language matters for interpretation of intent. Politicians are particularly interested in cherry coating regime Titles by giving them human names, to obscure legislative deficiencies in long term benefit of same. There is a purpose in their madness. Continual bashing and collateral attacks on registered sex offenders distracts nicely from LAW & LEO’s efficacy in preventing murders. If law itself doesn’t prevent killing ( by deterrent) even from within their own ranks, says enough about the real disposition of the institution itself.
Wouldn’t it be better public policy to effectively rear good and capable humans?
In the beginning was the word. Talk about a database. Now thats a database. Sure I have had to hold my brethe or say I can’t breathe when Tim n WI said it on here a long time ago about his database theory. Was that just idle words, an ac/dc theory, or someone grasping at straws. Yes everyone has his or her view’s but its truth that will set one free. Did we not have trafficking in the bible. Didn’t the story of Moses or Sodom give examples or should many in American Justice or Goverment be stoned today.
I like Janice’s view on let my people go or should we all go with Lennon’s Wheels go round and let it go. Standing up for something is good or is Justice bland or who is the great reconciler. So who did free the slaves? Should we all remember not to take vengance but I’m sure one can get things out of line in this complex world but it takes people that know about the registry, even the one’s that are actually on it in much of this two wrongs don’t make a right drama. Don’t get it wrong correction is good if used the right way.
Sure most have circles of friends. One person on here used the word pattern when talking about different about the Old Testament and the New when talking about God, Jesus, and the Holy Spirit. And yet I’m sure we can all see the pattern. So the conclusion would be its a pattern in many ways. Is much of this registry a conflict of a damned if you do or damned if you don’t tug of war?
While one doesn’t know where this person came up with this pattern thing, the word pattern stuck out. Was it an educated guess, another database theory, or the great compromise of 1789 in history. So where is righeousness and justice today or is it in some Justice League comic strip. Is not much of this registry dragging one down in this vain ordeal or who is really trafficking.
Did not Paul say: Be not be conformed to the Pattern of this world or did he talk about the renewing of the mind or this testing and aprorving what is good, and yes many people seem to have brain damage today with much of this confusing ordeal. Should psalm 89:14 give one understanding in much of this traffick understanding or is a little with righteousness better than great revenue without right. I’m not in CA, MI or other states but the word is comfort to all and when justice is perverse or preverted that says volumes to any justice system in this fall of the house of usher type of devilishment enchantment.
Cursing is one thing, leading one astray is another but reproving is another or do we all fall in a pit in this criminal justice system of man’s nature.
So a person committed a non-violent sex offense how are they are threat to society? Why not give the person a chance to rebuild their life and actual focus on real issues? Why would the Department keep wasting the court’s time on an issue they keep losing? Maybe they should light up a joint and stop playing Hotel California!!
Keep in mind that Prop 57 not only effects those that are in custody currently for a sex offence, but also effects anyone who is in custody for a non-sex offence if they have ever had any kind of sex offence in their history. And also keep in mind that if you have ever had a sex offence conviction of any kind, you will be found guilty of any kind of crime even with no evidence. Why? Because you’re a registered citizen and we all know that there is no end to it.
All I can tell you is this! I worked in US Government before for 20 years. Every department has a stake in funding. Any problem that gets smaller means your budget is going to get reduced and you could lose head count as well. So from my knowledge of how the Government works, no matter what we do, the Government or in this case the Department of Justice, will never want this problem to get smaller, just because it would mean less money and probably less head count. Our only options are through the courts. They will change up laws and do other things to make the problem worse just to keep those dollars rolling in. Thanks be to God that Janice has been inspired to fight for Justice.
Thank you so very much Janice and ACSOL for all that you continue to take on for registrants and their families.
I have to agree with Janice and yes its time to say even as the bible mentions “Let my people go” as much of this registry type hi-jinks is getting no were and its just making coffers increase. Are we all like Lennon’s song of watchting the wheels go round and round? Does any person with any type of true understanding of Christianity cause another to stumble? Is that the whole purpose or is the purpose to make sure one is not talking to a teenager when they themself play the role of the whorish hooker. That in itself would be very dishonest and for another Christian to lead others astray in these ordeals thats like putting themselves first in this greedy exchange of wits.
One wonders why in many of these ordeals are so camelflaged by this way to induce another. Why do people make these attempts to trap another with falsehood as in many of these internet sex sting operations. We have gluttony, greed, lust, envy, sloth,wrath, and price. Is this internet ordeal actually getting the traffickers off the internet with this diobolical method or is it more so of an inducing method to try one’s spirit or test. While anything can be for public safety such as to get a herd of buffalo off the interstate hwy or to make sure fireworks don’t explode where their are not suppose to be aimed at, does this internet sex inducement also paint a picture of distress and distrust? It would seem much of this attempt a more of a pride in this laundering scheme dressed up in a gay type of seductive arrangement.
Yes doing away with this registry scheme and its pitfall does have its merits. So should we all say Woe to those who call evil good and good evil. One wonders who is putting darkness before light, or that are putting bitter for sweet or sweet for bitter. Those that induce these ordeals have the greater sin or do the ends justify the means. Do these operations give warning, are they helping the person that gets tangled up in all this, or does it make those that present these operations all the more proud.
What is the real truth behind all this type of ordeal to get trafficker’s off the internet looking for teens. Who is being tricked by those that pretend. God doesn’t trick anyone and he is not the author of confusion. Right is still right and wrong is still wrong or do those in blue go advantage of what God has appointed and ordained or where is liberty today. Yes we all could say were is justice today. Even giving an article about bastard cops today can speaks volumes.
Is taking indecent liberties a sin factor today or where is the inducement in this callous picture of a cloak of malice? Is this behavior not like the devil tempting Eve in this picture type pattern. Doesn’t not the bible say believe not every spirit but test or try the spirit in much of this cover-up of malice. One wonders where is principal.
Although hearing was held this morning regarding the TRO application in this case, the judge did render his decision today. Instead, he took the case “under submission”. ACSOL will report the judge’s decision on this website as soon as it is available.
I have a young person I know on parole for 290. Does parole regurally deliberately mess with people who are abiding by the rules just so the person can get a violation? Here’s what happened: he’s in jail for a ” possible violation” because the PO said he wasn’t allowed at the beach. To be specific the young man texted his agent and asked if he could use the sidewalk that goes on the other side of the beach. The PO texted back yes, he could be on the sidewalk but not in the sand ( I won’t even try to make any logic out of this but I have it on my phone ) so he got a different PO assigned to him and he’s in jail for a ” possible violation”. The other officer said he could be on The sidewalk but the new one never told him different. I think the PO is just being a first class punk but I am courious if this stuff can be counted on.
HAPPY 4TH
Read this today, https://lawandcrime.com/civil-rights/aclu-accused-of-union-busting-by-hiring-anti-union-law-firm-over-labor-dispute/
I have a thought. I noticed that our community uses the term registered citizen to describe our members. Sounds like a kind label when in fact we are persecuted (subject to hostility and ill-treatment) citizens in the US dystopia (a community or society that is undesirable or frightening). Dystopias often characterize dehumanization within tyrannical governments. Sex offenders of any sort are lumped together under one terrible label and this creates the isolation of millions of people and their families. So, let’s turn the tables on those and create labels associating these laws as unjust, draconian, tools of power-hungry demagogues, seeking to create a class of people that are no longer free. There has to be a narrative that ACSOL can help craft that allows each of us to target those politicians and to give us back our humanity. The laws were created to separate us from society. We made a mistake and paid our debt to society, but should that debt be the loss of our rightful place in society for the remainder of our lives? Target our political enemies with the words that will show them in their true light and not some namby-pamby manner. Yes, it is true they do not want to be seen as being on the side of a SO, but it is also true, that if we rise up as a real community, our collective voices will become a roar heard all over the world.
Janice I believe we can all appreciate you more and also the others on here. I know I can. Yes your work is to be commendable so let none of us get down in the dumps. Yes for all those involved in this registry effort one needs to understand many should be free .Now I grant you that your forum can be confusing with all these many view’s but its determination that helps others and sticking to the main goal of the issue. Even if one pays their debt they should be free from that debt or what does paid in full mean. The lord doesn’t make re-amends as human’s do in government.
Sure solutions are good in much of this sex offender slavery when one is using their resources right in many of these registry offenses. One has two types of offenses the actual physical of boy meets girl or teenager type and the other is a fiction type of internet induced measure. All this offender stuff is offensive. So who has blood on their hands in this judge and jury plea bargain type ordeal. Now everyone seems uptight about this letting my people go and they should be.
So look at it this way do authorities have the legal right to steal. Breaking the commandments in these situations. Sin is not giving an authority the right to steal or present in leading the witness down the path. That is basically what they are doing in this simplest form. Jesus paid the sin debt for all. So who is the spoil and who is the spoiler?