General Comments November 2020

Comments that are not specific to a certain post should go here, for the month of November 2020. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.

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For the upcoming Tiered Registry what are the Static-99 score thresholds for Tier II and Tier III?

I have brought this up several times in regards to the state tiered registry and I have the same argument for the proposed SORNA. There is ALREADY a tiered system in California Low Risk (1) Serious Offender (2) and SVP High Risk (3) I believe we have the same arguemens that Michigan used in the 6th circuit against SORNA. Can Janice or. Chance comment on this. Thanks.

Hello everyone,

I have a question for those who have lived in Oregon or are currently on Parole in Oregon. I am in a situation now where I may need to move to Oregon from California. I am still on parole and it appears I will remain on parole for 5 more years.

Can anyone give me an idea of what Oregon parole is like? Is this a really bad idea, or just more of the same? I can’t imagine Oregon could be worse than California. I am sick to death of this ankle monitor, and I have been in the Sex Offender treatment program for so long that they actually gave me a certificate of completion, though they still make me go twice a month, so how is it complete? I don’t know. I am sort of hoping for some relief if I am granted the opportunity to move.

Any personal experiences or insight into this move would be great.

Thanks in advance.

I want to self file for a 1203.4 and 17b. I have a couple of questions about form 180 for those that have done it.

1) – In the column where it asks to write in the offense code section, is it all section 290? I have a Felony 311.4a and misdemeanor 647.6a.

2) In regards to reduction, it asks if the codes listed are eligible. And it notes felonies become misdemeanors and misdemeanors become infractions. Does this mean my 647 misdemeanor will become an infraction if reduced, or is that only for non 290 offenses?

Thanks!

Wow. Just wow!! This from 2013 on how the seemingly corrupt pfml got its contract to “police” registered citizens. Note all of the backlash and disapproval and disbelief that this was going through and how it was being forced!! There appears Some very smart, brave stand-up people here.
https://riverheadlocal.com/2013/02/15/new-sex-offender-bill-signed-but-questions-persist/

I am getting a twisted sense of enjoyment watching our country tear itself apart. I suppose psychologically my freedoms were torn from me and so I get a sense of satisfaction watching the politicians warring. I am angry and bitter and at my core probably crave the complete breakdown of society. I’ve been to actual war and seen the hell that it is. The stupid and selfish decisions our politicians have made has created all that we see. It makes me happy. Today I will walk a little more upright with a skip in my step knowing the end is near.

I probably need more therapy but to heck with it as long as I’m happy….

I was just reading this court decision and it defies all common sense!!
McGroarty v. Swearingen (11th Cir. 2020): Appellant was convicted in the early 00’s of a sex offense in Florida and was sentenced to ten years’ probation and required to register. Appellant thereafter left Florida and completed his probation, but the Florida Department of Law Enforcement still displayed his registration information on their public website — his lack of connection with the state notwithstanding. Appellant filed a civil rights lawsuit alleging that this practice violated his substantive Due Process rights. The state sought to dismiss the lawsuit, on the grounds that it was barred by the applicable statute of limitations. The trial court dismissed the lawsuit, and Appellant sought review.
The 11th Circuit Court of Appeals affirmed the trial court, finding that the applicable statute of limitations began to run either in 2004 or 2012, and that there was no continuing violation that would otherwise toll the statute of limitations period.

Logic: If I place your hand in a vice (i.e., Florida Registry), unless I release you hand from the vice, it is a continuing, ongoing violation – the pain and the violation continue. How the Hell does a court fail to recognize that same argument applies to the Florida Registry?? 😡😡😡🤬

As registrants we didn’t create the divide among Americans, the Government did and should be at government, not us. Nobody better mess with me because I’m tired of being used as America’s septic tank.

“Let This Grim Era of Demonization in America Begin to End” – Joe Biden (11.07.20)

But let those that are demonized on the registry continue to languish? Put up, or shut up, Joe.

Congresswoman AOC wants to have a list of Trump supporters. Why? More registries and for what reason? It’s going to be hilarious if this thing goes to the SCOTUS as a list isn’t punishment. LoL

@ SR continued from above. I would also think people that have been living and considered not dangerous or a threat and now you classify a tier 3 most dangerous, because that’s what the public will perceive them, that is an injury to ones reputation. See recent court ruling, in I think, Maryland.

Good grief! 🙄
“Man featured at Giuliani press conference is a convicted sex offender”
https://www.politico.com/states/new-jersey/story/2020/11/09/man-featured-at-giuliani-press-conference-is-a-sex-offender-1335241

Wouldn’t it be lovely if one day we weren’t forever to be identified this way??? 🙄🙄🙄

I donate to ACSOL. Can those that donate be sent a financial statement? Maybe it is posted om the website somewhere?

@Berdoo: Send a message to Janice from their “contact us” tab at https://all4consolaws.org/contact-us/

I think politicians need to take psychology/ psychiatric evaluations because they have more nuts missing their washers/ bolts.

All,

From the FAC website, Ex Post Facto discussion, “The following is an argument paper by a lawyer at the CATO institution explaining the 1790 US Supreme Court ruling that Ex Post Facto laws do not apply to civil law and his take on why that ruling was wrong” (Calder v Bull ruling which @AJ always said should be reviewed again by SCOTUS):

https://www.cato.org/sites/cato.org/files/serials/files/cato-journal/1995/11/cj15n2-3-4.pdf

I signed a plea deal stating that I would do “NO MORE THAN 4 YEAR ON PAROLE.” When I was released they changed it to 5 years and followed that by changing it to 10 years. I have now done 4.5 years on parole and after many 602s I was about to give up. They say the judge and attorney were misinformed and that it should have always been years.

Today I spoke with Will at SOSEN and he let me know that CDCR has no right to change my parole dates due to legislation or otherwise. He suggested I find a good Constitutional Attorney to help me with my case.

Can anyone here refer me to a good attorney. I want to fight this and I am going to need some help.

Thanks

MC I sort of follow you but sort of don’t. My detective came to me and said to me if you plead guilty that he would talk to the judge and DA. I thought those orders come from the hearing in question and seems due process is a bit over-breached in these encounters and should be challenged. I didn’t even get a chance to talk to the lady DA in my situation or even the judge so who’s doing the judgment call when these ordeals as my sister says that these things are entrapment at best and she is aware of if one was asked for send porno or things of that nature. I can’t even talk to the DA until probation is over, but I’m sure its a catch 22 in most of these ordeals. I mean anyone can change their mind on the witness stand so many of these offenses are sort of taking a shot in the dark.

I have always been a radio buff,cb’s scanners,ect I just heard a call for a suicide attempt from son, from a parent that called in because the sister caught the minor son looking at suspect cp,an want to get him help! Lord forgive the hell they just unleashed on there family…only us know what is to come,a disastrous out come..

I am off probation in 2 weeks and I have a court date the first week of dec. I am going for expungement and a motion to get off the registry. My lawyer is a civil rights lawyer. I was just wondering if anyone has tried to do this before. My lawyer said that if we loose we will appeal it. I was on an adult website looking for a proustite when I got to the hotel they dropped the age to a 17 year old. They gave me a plea deal of a misdemeanor I did 40 days in jail and my fine was $150. They didn’t make me take classes I didn’t have to do anything. I lost my house job ect. I have many people that will give me a job if im off the registry does the judge even care? I am looking for advise. My lawyer said he is just waiting for the DA to respond to his motion. My lawyer is very old and he has had laws changed in California in his life time. He is using the equal protection as the basis to get me off the registry. If I did have sex with a 17 year old i would be guilty of penal code 265.1 and it would be discretionary registration but the arranging a meeting is mandatory registration. Please if anyone has any advise please let me know. Thank you.

So here in California (and not sure about other states) they are already talking about where the most convenient and easiest place to administer the coronavirus vaccine, to ALL, would be. The most POPULAR answer, so far? Elementary Schools, especially since most all of them are closed and will not re-open until next September (or next year at some point). Any thoughts on that one?

Just a thought, why would anyone tell local police your whereabouts when traveling by car? What are the chances getting pulled over and them seeing your record from another state or question about registration? Thats not their job. I feel like people are giving more information than what law requires and then it never comes off the computers and does more damage to people. If I had to redo somethings, I would have gave them John Doe as my identifier and use the name wherever I go so its hard for them to search and prove who is using that identifier. I should have never gave them my real social media name and low and behold, I got suspended because someone reported im a offender.

This topic below (NBC article) is different from registrant restrictions in principle how? You’re restricting people in the end from something in violation of something. Registrants and churches have a long history with each other.

Just because one had the ‘Rona, there’s no guarantee they won’t again or will. Each person is different. Same goes for the proposed vaccine. Each reaction is different. Better to do individual assessments.

This is a case, IMO, where the anecdotes and similarities will be parallel enough to push someone to speak the difference being punishment vs health. Showing shot records for children to be in school is one thing, showing them (or some sort of ID card with a label) to prove one can enter a business/office, etc is another and could fall into Gov’t compelled speech akin to marked IDs/DLs.

Justice Alito calls Covid restrictions ‘previously unimaginable’, cites danger to religious freedom
The conservative jurist spoke virtually to the Federalist Society’s annual convention. https://www-nbcnews-com.cdn.ampproject.org/v/s/www.nbcnews.com/news/amp/ncna1247657?amp_js_v=a6&amp_gsa=1&usqp=mq331AQFKAGwASA=#aoh=16052801192835&csi=1&referrer=https://www.google.com&amp_tf=From %1$s&ampshare=https://www.nbcnews.com/politics/supreme-court/justice-alito-calls-covid-restrictions-previously-unimaginable-cites-danger-religious-n1247657

U.S. Representative Alexandria Ocasio Cortez asserted the first two comments, and the “Washington Post’s” opinion writer Jennifer Rubin provided the third one:

1) After more than two dozen moderate Democrats broke from their party’s progressive wing and sided with Republicans on a legislative amendment Wednesday, New York Democratic Rep. Alexandria Ocasio-Cortez reportedly sounded the alarm in a closed-door meeting Thursday and said those Democrats were “putting themselves on a list.”

2) “Is anyone archiving these Trump sycophants for when they try to downplay or deny their complicity in the future? I foresee decent probability of many deleted Tweets, writings, photos in the future.”
12:16 PM · Nov 6, 2020

3) “Any R now promoting rejection of an election or calling to not to follow the will of voters or making baseless allegations of fraud should never serve in office, join a corporate board, find a faculty position or be accepted into “polite” society. We have a list.”

Hmmmmmm… I’m sure Cortez and Rubin only intend on providing good clean fun with all of that “listing and archiving.” Yup, punishment is not at all the issue. Protecting society from those “sycophants” and wayward thinkers is nothing short of wholesome safeguarding.

While I’m sure many that took a plea deal seem to think it was the logical thing to do considering the circumstance at the time. While this 21 days to appeal sounds well in good if your still not satisficed with the judgment from court after your trial conviction. The facts are their but as someone said on here all of these registry ordeals are a bit different but still the deception and trickery are there in so someone isn’t quite right in this modus operandi area.

While each individual case has the main characteristic of this sexual content nature tied to this safety factor of protecting kids who is protecting a child with a method such as this.

Inducement seems the main enticement and this type coy to entice one to come down to meet in this vain ordeal so to speak. So in many of these ordeals on there that others are involved in some exchange was transmitted such as factual pictures, bringing items of a various degree that is sexual in nature or content or could having a bad secod thought that this couldn’t be an actual teenager which would be a con job of an inhuman kind that amounts to abuse or rape by law enforcement.

Rape comes in many forums and raping the mind of another is so cynical it is unfathomable that law enforcement would induce this on their own family members if the situation was turned in that directions and I am sure it has happened. I am sure those in government get a bit more of a break if it is a chance encounter by one of their own group.

Was reading back about a member of congress from VA thhat had a bit of a twist with his secretary and althought he would up marrying the lady it was still an onorthox situation.
Guess P.T. Bardum was right and yes people do uncanny things when money is involved as if police don’t get paid enough. One can call it entrapment, breach of contract, contract deception of law, or pursuasion agreement in bargaining over reach, much of this sounds like a vainity type of encounter. Even this attechment and this appeal does reang a bell for breach of oversite and I’m sure many would understand it very well.

http://www.ca5.uscourts.gov/opinions/pub/19/19-11143-CR0.pdf