[nebraskansunafraid.org – 5/14/20] he Nebraska Criminal Defense Attorneys Association (NCDAA) and ReConnect, Inc., have teamed with Nebraskans Unafraid (NU) to call on Gov. Ricketts to temporarily suspend in-person reporting requirements for registered people during the pandemic. The request was made in a May 11, 2020 letter to the governor. The letter was signed by Joseph L. Howard, president of the NCDAA Executive Board; Jeanie Mezger, NU Board member; and LaVon Stennis-Williams, Executive Director of ReConnect, Inc. ‘By mandating in person registration during this pandemic, the State forces its citizens to…
Read MoreYear: 2020
CA: DOJ Executive Order N-63-20 Regarding Sex Offender Registration
[ACSOL] The California Department of Justice has issued an Information Bulletin directing law enforcement agencies how to remotely register individuals convicted of a sex offense. The information in the bulletin is being issued to provide guidance regarding implementation of the Governor’s Executive Order issued on May 8. According to the Information Bulletin, law enforcement officials are to confirm all data fields on the registration forms. They are then to sign the registration form noting that the form was “completed on behalf of and with consent of” the registrant. The Information…
Read MoreCA: Oakland police suspend sex offender registrations during COVID-19 pandemic
Due to the threat from the coronavirus, the Oakland Police Department has closed its registry unit where many of the city’s sex offenders are required to check in every month, officials said. Now, the city of Oakland has no up-to-date addresses or other important information on hundreds of offenders – particularly transient sex offenders – raising concerns from victims’ advocates and offenders who are trying to register alike. “We’ve put a whole population at risk and I find that very, very concerning,” said Nina Salarno-Besselman, an attorney with Crime Victims…
Read MoreNC: Registrants Win in North Carolina Court
[ACSOL] A federal trial court in North Carolina has ruled in favor of registrants whose out-of-state convictions were determined by law enforcement to be “substantially similar” to sex offenses in North Carolina. As a result of this decision, registrants who were convicted of an out-of-state sex offense prior to December 1, 2006, and who also moved to North Carolina prior to that date are no longer required to register. The foundation of the Court’s decision was a violation of the substantive due process provision of the 14th Amendment. Specifically, the court…
Read MorePA: Court Determines Annual Registration, Internet Publication Punishment
[ACSOL] The Commonwealth Court of Pennsylvania issued an important decision on May 11, 2020, in which it determined that annual registration as well as publication of a registrant’s personal information on the internet constitutes punishment. The petition in this case committed a sex offense prior to the effective date of these requirements. According to the Court, annual in-person registration “imposes affirmative restraints and probation-like conditions.” The Court determined that the annual registration requirement was excessive. The Court also ruled that the state law requiring the posting a registrant’s personal information…
Read MoreInside an innovative program helping sex offenders reintegrate into society – and why it works
[theconversation.com – 5/10/20] In recent years, the biggest increases in Australia’s prison population have come from people convicted of sexual offences. From 2017-18, this segment of the prison population increased by 10%. The following year, it was up again by 7%. As a corollary, more and more sexual offenders are being released from prisons back to our communities. Understandably, a great deal of public concern often accompanies the release of sexual offenders, especially those who have committed offences against children. Despite this, very few programs exist to support sexual offenders…
Read MoreJanice’s Journal: The Stage Is Set, But Will the Players Play
California Governor Gavin Newsom has set the stage for the end of in-person registration during the COVID-19 pandemic. He did so by issuing an Executive Order that authorizes and encourages law enforcement agencies to remotely register individuals telephonically and by other means. The reason for these remote procedures, according to the Order, is to protect both law enforcement personnel as well as registrants. We acknowledge that the Governor’s order is a suggestion, not a mandate. There are no penalties for law enforcement agencies that choose to disregard it. But the…
Read MoreCA: Governor’s New Executive Order Encourages Remote Registration
[ACSOL] California Governor Gavin Newsom has issued a new Executive Order that encourages law enforcement agencies “to adopt telephonic, remote, or other procedures for registration” for a period of 60 days. The Order also encourages law enforcement agencies to “post or publicize” any new registration procedures it adopts “through means calculated to reach any person subject to the (Sex Offender Registration) Act.” “Governor Newsom has demonstrated both leadership and compassion by issuing an order that encourages law enforcement agencies to stop in-person registration for 60 days,” stated ACSOL Executive Director…
Read More8th Circuit Deems Failure to Register a “Crime of Moral Turpitude”
[floridaactioncommittee.org – 5/8/20} The US Court of Appeals for the Eight Circuit ruled yesterday that Failure to Register as a Sex Offender constitutes a crime of moral turpitude. In Bakor v. Barr, the Petitioner, a permanent resident of the United States, challenges his deportation back to his native country. Under the Immigration and Nationality Act, the Attorney General may remove an alien “who at any time after admission is convicted of two or more crimes involving moral turpitude.” Read the full article Read the opinion PDF on uscourts.gov website
Read MoreACSOL May 16 Phone Meeting
Please join me and ACSOL President Chance Oberstein, a criminal defense attorney, for our “monthly” meeting to be held as a telephone conference call. The conference call will be on Saturday, May 16 at 10 am Pacific Time (1:00 Eastern) and will last from 2 to 3 hours. Topics of conversation will include information about COVID-19 and its impact upon registrants and their families as well as the Tiered Registry and other current topics as well as recent court decisions and pending legal actions throughout the nation. Please Show up,…
Read MoreKat’s Blog: They Are Us
For many of those charged with sexual offenses, law enforcement may be the unfriendly enemy. Police have the unfortunate job of enforcing laws that dictate where we go, who we see, what we do. They search our homes, ask invasive questions, make our lives and those of our family down-right miserable. The very sight of blue uniforms and police cars can drive up our blood pressure and make us second-guess our actions. While police are not necessarily the law makers, they are the enforcers and often the object and target…
Read MoreOH: Coronavirus In Ohio: People With Sex Offenses Risk Health For In-Person Registration
[radio.wosu.org – 5/7/20] Even as most Ohioans are encouraged to stay home during the coronavirus pandemic, people convicted of sexual offenses are still required to register in person. Some Ohio counties and even nearby states have waived that in-person requirement, but most, including Franklin County, have not. “So we are crossing over to the records department here in Franklin County where they make everyone start their registration journey,” says Zach Ruppel. Ruppel is familiar with this journey: He often walks people through the sex offender registration process for their first…
Read MoreAustralia: Alleged sex offenders to lose anonymity under changes to South Australian law
[msn.com – 5/7/20] South Australian legal reforms that strip alleged sex offenders of their right to anonymity have been hailed as an important safety measure by the victim of a notorious paedophile. But senior legal figures have warned the change could lead to vigilante justice and destroy the reputations of those who are charged but later acquitted. The changes, which have come into effect today, mean anyone charged with a sex offence can be named from their first court appearance. One of two brothers preyed on by convicted paedophile Vivian…
Read MoreFL: Court: Miami jail can’t be forced to give inmates soap, tests during coronavirus outbreak
[miamiherald.com – 5/5/20] A federal appeals court has blocked, for now, a judge’s order forcing Miami-Dade County to give masks, soap and cleaning supplies to inmates at a jail wracked by the novel coronavirus. The U.S. 11th Circuit Court of Appeals on Tuesday said that Miami District Court Judge Kathleen Williams overstepped the law when she ruled that inmates at the Metro West Detention Center must get the supplies — and also be tested for COVID-19, as well as people who have been in contact with them. “To avoid contempt,…
Read MoreMay Newsletter from the Sex Offense Litigation and Policy Resource Center
The Sex Offense Litigation and Policy Resource Center distributes electronically, and free of charge, a monthly newsletter detailing new caselaw, scholarship, and other important developments in the field of sex offense litigation and policy. May Newsletter
Read MoreCA: Sexual assault suspect released from Santa Rita jail due to COVID-19
[kron4.com – 5/5/20] An emergency order to release non-violent inmates from jail due to COVID-19, appears to have been used to release a violent sexual assault suspect, according to an East Bay city official. The council that wrote the order says that was not the intention. “When the bail motion was made we strenuously objected to it,” Alameda County District Attorney spokesperson Teresa Drenick said. “The attorney specifically petitioned Judge Reardon to reduce his bail,” Livermore Mayor John Marchand said. There is controversy regarding the an Alameda County Superior Court…
Read MoreA $5 Billion Proposal to Fight Online Child Sexual Abuse
New legislation would try to curb the illegal imagery with record levels of funding for law enforcement. The bill, coming in response to a Times investigation, also calls for a new oversight position in the White House. Full Article
Read MoreCA: ACSOL Sues Fresno Cops For Forcing Sex Offenders To Appear Amid COVID-19
[law360.com – 5/3/20] Authorities in Fresno, California, are inflicting “cruel and unusual punishment” on registered sex offenders and violating the U.S. Constitution by requiring the individuals to appear in person for registration updates during the coronavirus pandemic, three offenders contend. In an April 28 complaint filed in the Eastern District of California, those John Doe plaintiffs say the Fresno Police Department and the Fresno County Sheriff’s Office are running afoul of the Eighth and 14th Amendments and the California Sex Offender Registration Act by requiring convicted sex offenders to physically…
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