The Cambridge English dictionary defines the word “brink” as the point where a new or different situation is about to begin. The word “brink” therefore accurately describes the current situation facing almost 1 million people in the United States who are required to register as sex offenders. There are three reasons this is true. First, the United States is about to either re-elect the same President or elect a new President as well as countless other politicians on the city, county, state and federal levels. The results of those elections…
Read MoreMonth: October 2020
CA Dept. of Justice Changes Registration Form, Misstates Federal Law
The California Department of Justice (CA DOJ) recently changed the state’s registration form (CJIS 8102S). In doing so, it added the following sentence: “Federal law requires me to notify my registering agency no less than 21 days before I intend to travel internationally.” “The main problem with the new statement is that it does not accurately reflect current federal law,” stated ACSOL Executive Director Janice Bellucci. According to a five-page letter sent today by ACSOL, state governments that comply with SORNA are required to demand international travel information from registrants.…
Read MoreNever Settle for Scraps
Recently, I was watching the movie, “Braveheart” when I was catapulted into a state of utter determination. The scene that moved me is when William Wallace explains that he plans on invading and defeating the English on their own ground; and in doing so, he will wrest Scotland’s freedom from the grip of King Edward Longshanks. When the lords and other members of the varying clans scoff at Wallace and tell him that successfully invading England is impossible, Wallace exclaims, “Why? Why is that impossible? You’re so concerned with squabbling…
Read MoreIL: A Veteran Cook County Judge Has Been Repeatedly Blocked from Hearing Sex Offense Cases. Here’s Why.
[bettergov.org – 10/22/20] A Chicago teenager pleaded with Cook County Judge James Linn to impose the maximum prison sentence on the man who sexually assaulted her and her two sisters for several years and threatened to kill them if they told anyone. “Help us ensure that there will be one less rapist out on the streets,” the woman, then 19, wrote in a victim impact statement read aloud at the sentencing hearing in May 2011. “At the end of the day, I just want justice to be served the correct…
Read MorePA: Appellate Court finds registration violates right to reputation under Pennsylvania Constitution in as applied case
[floridaactioncommittee.org – 10/23/20] Before you get too excited, this is an as-applied case, meaning the decision only benefits the person challenging and not everyone on the Pennsylvania registry, but it’s a win nonetheless, and a win on a novel argument, so it’s good news. A Pennsylvania intermediate court found that SORNA violates an individual’s right to reputation under Article I, Section 1 of the Pennsylvania Constitution by creating an irrebuttable presumption that she poses a high risk of committing additional sexual offenses. The law says, “[s]exual offenders pose a high…
Read MoreCalifornia ordered to halve San Quentin population after showing ‘deliberate indifference,’ court says
[yahoo.com – 10/23/20] OAKLAND, Calif. — A state appellate court has ordered San Quentin State Prison to halve its inmate population, which would require transferring or releasing some 1,700 inmates. The ruling from the state’s First Court of Appeals sends a clear message that officials overseeing San Quentin have not done enough to protect inmates from the coronavirus after a summer outbreak. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion. The court ordered…
Read MoreWilliams Institute report : Over 6,000 people are civilly committed in the US
[williamsinstitute.law.ucla.edu – 10/2020] Black men and men with male victims are more likely to be committed Twenty states, the federal government, and D.C. have laws that allow for the indefinite detention of sex offenders designated as a “Sexually Violent Person” or “Sexually Violent Predator” (SVP) beyond the term of their incarceration. This report explores the implications civil commitment laws have for Black and sexual minority communities. In the 1990s and 2000s, federal lawmakers and legislators in 20 states and the District of Columbia passed laws that allow for the detention…
Read MoreTN: Operation Blackout To Crack Down On Sex Offenders During Halloween Season
[radionwtn.com – 10/20/20] The Tennessee Department of Correction (TDOC) is responsible for the supervision of more than 3,800 registered sex offenders. TDOC’s mission is to enhance public safety for all Tennesseans including our most vulnerable citizens – our children. That’s why the department launches a special operation this time of year called, Operation Blackout. According to Assistant Commissioner of Community Supervision Lisa Helton, “Operation Blackout provides all registered sex offenders under the supervision of the Tennessee Department of Correction with additional restrictions during a time when families and children might be…
Read MoreLA: Court strikes Louisiana’s ‘Sex Offender’ ID requirement
[startribune.com – 10/20/20] NEW ORLEANS — Louisiana’s requirement that people convicted of certain sex crimes carry a state-issued ID card with the words “SEX OFFENDER” printed on it in orange capital letters is unconstitutional, the state’s Supreme Court ruled Tuesday. The 6-1 ruling upholds a decision by a state judge in Lafayette who last year threw out a charge filed against a man who altered his card to remove the label. State attorneys had argued that the state had a legitimate interest in having the information on the ID card:…
Read MoreLA Times Op-Ed: Polly Klaas was our sister. We don’t want unjust laws to be her legacy
[latimes.com – 10/18/20] To many people, the face of Polly Klaas is a reminder of a horrific moment in our nation’s history. For us — her sisters — Polly’s face represents a constellation of childhood memories that remain precious to us today. Those memories ended abruptly on Oct. 1, 1993, when a man followed Polly home from the park and took her from our bedroom. … To us, the trauma of Polly’s death was made all the more confusing and frightening by the media frenzy surrounding it. As children, we…
Read MoreNARSOL LIVE Virtual Litigation Summit is November 19 & 21
[Recommended by ACSOL] The online NARSOL LIVE Litigation Summit is November 19 & 21, 2020. It will feature dynamic attorney presenters like Paul Dubbeling, Erica Dubno, Aaron Marcus, Adele Nicholas, Paul Reingold, and Mark Yurachek speaking on the hottest topics in registry and sexual offense litigation. Reserve your spot today! NARSOL members who sign-up prior to midnight October 31st will qualify for a Members-only Earlybird Special 10% discount! Watch for the special discount code in your email! Read more and register
Read MoreIA: New tool to monitor registrants: License Plate Reader Contract Approved in Davenport, Iowa
[ govtech.com 10/15/20] While the devices are touted as investigative tools — helping to locate stolen cars, missing persons and the like — privacy and civil rights advocates say the technology also raises concerns around misuse and surveillance. (TNS) — Davenport City Council members on Wednesday unanimously approved a contract that will give Davenport police an enhanced tool for tracking stolen vehicles, wanted criminals and abducted children. The little-noticed, high-speed cameras mounted on police cars, road signs, bridges and poles photograph thousands of plates per minute. The devices convert each…
Read MoreMy Son is No Sex Offender
My 33-year-old son, Adam, is a registered sex offender in the state of Illinois. Because of this, our entire family exists in the netherworld of the registry. The federal laws mandating a publicly available sex-offender registry were passed in the mid-1990s with the purpose of notifying communities about “sexually violent predators” living in their neighborhoods. But my son is not violent nor is he a predator. My son was convicted of a single, non-violent misdemeanor. He was never in trouble before, and he’s never been in trouble since. There are…
Read MoreACSOL Urges “NO” on Prop. 20, “YES” on Prop. 17
The Alliance for Constitutional Sex Offense Laws (ACSOL) urges registrants, their families and supporters to vote “NO” on Proposition 20 and to vote “YES” on Proposition 17. Both propositions are included on the November 2020 ballots. If passed, Proposition 20 would significantly increase the number of violent felonies from 27 to 51, resulting in harsher sentences and longer prison terms. Of that total, the number of violent sex offenses would also increase significantly from 9 to 14. In addition, Proposition 20 would require the collection of DNA from individuals convicted…
Read MoreACSOL and Allies Submit Formal Response to Proposed SORNA Regulations
[ACSOL] Today 10 legal professionals from six different states submitted a formal response to the U.S. Department of Justice regarding proposed SORNA regulations that could adversely affect the daily lives of almost one million people required to register as a sex offender. The response is 36 pages long and includes a request that the federal agency issue revised regulations and allow for additional comments from the public in the future. “ACSOL and its allies have prepared a comprehensive response to the proposed SORNA regulations,” stated ACSOL Executive Director Janice Bellucci. …
Read MoreNY: Appeals Court hearing oral arguments online Oct 13 on continued detention of former sex offenders after release
[nycourts.gov] These appeals were filed by level three sex offenders to challenge their indefinite detention in prison or prison-based residential treatment facilities (RTFs) after their prison terms expired or they were granted parole. All three offenders were subject to post-release supervision (PRS) and were held past their release dates by the Department of Corrections and Community Supervision (DOCCS) when they were unable to find housing that complied with the Sexual Assault Reform Act (SARA), which bars certain sex offenders from residing within 1,000 feet of any school grounds (Executive Law…
Read MoreFL: Reentry Task Forces Recommends a Stop to Residency Restrictions for Sex Offenders
[from the last page] We affirm the findings of the OPPAGA that “many studies have established that sex offenders who maintain stable employment, housing and family relationships have significantly lower recidivism rates” as well as the numerous studies which conclude that SORRs undermine successful reentry of returning citizens, while doing nothing to promote public safety. For that reason, we make the following recommendations: 1) Legislation should be enacted that would pre-empt the patchwork of county and city SORR ordinances in favor of the State’s SORR Statute (F.S. §775.215). 2) Counties…
Read MoreACSOL Declares Virtual Conference a Success
The Alliance for Constitutional Sex Offense Laws (ACSOL) conducted a successful two-day virtual conference on October 10 and 11. The conference featured plenary speakers such as criminal justice professor Dr. Alissa Ackerman, civil rights attorney Marcus Allen and Justin Brooks of the Innocence Project. The conference also featured panel discussions regarding the federal government’s proposed SORNA regulations, challenges faced by family members, the LGBT community, and travel restrictions. “More than 240 people signed up for this year’s conference,” stated ACSOL Executive Director Janice Bellucci. “Although it was ACSOL’s fourth annual…
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