AZ: Arizona’s Sex Offender Laws: Recommendations for Reform

[Tamara Rice Lave in arizonastatelawjournal.org – 1/13/21] In this Article, I consider ways in which Arizona’s laws regarding sex offenders should be reformed. I begin by focusing on laws that are designed to deal with the danger posed by convicted sex offenders: registration requirements, residence restrictions, and civil commitment. I contend that the state has overstated the risk posed by convicted sex offenders and that the laws meant to control them may do more harm than good. Next, I turn to police sexual violence. I argue that the state needs…

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FL, IL, TX: Employment: Do you have a computer and a good internet connection? HomePro is hiring survey reps!

[floridaactioncommittee.org – 1/15/21] [ACSOL disclaimer: Our re-posting of this Florida Action Committee article is only a courtesy to ACSOL readers and not an endorsement. Please do your own research, starting with carefully reading the article and comments on the FAC website] From HomePro Telecommunications: I have immediate openings for part-time Survey Representatives. I started HomePro Telecommunications because I’ve heard from so many people that they simply cannot find work because of their background. This is a great opportunity to get back on your feet. The job involves using your computer…

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UK: Woman’s cruel ‘Fred West’ prank saw ex-partner hounded by paedophile hunters ‘to teach him a lesson’

[hulldailymail.co.uk – 1/11/21] Amy Gray was angry that her ex had left her for another woman so pretended to meet a 14-year-old for sex A Hull woman hacked into her ex-boyfriend’s Facebook account, arranged to meet a 14-year-old for sex and then alerted a paedophile vigilante group in a bizarre revenge plot. Amy Gray, 37, of Great Thornton Street, said she was angry that her ex had left her for another woman and in November 2018 decided to teach him a lesson. Gray – who had helped the man set…

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UK: County lines gangsters stop using children to sell their drugs when prison bosses put them on sex offenders’ wings, police say

[dailymail.co.uk – 1/11/2021] County lines gangsters will ‘very quickly stop using kids’ for drug trafficking after they are placed on the sex offenders’ wing in prison, police have said. In their report the criminal justice consultancy Crest Advisory found that being placed in the separated location for prisoners with sexual convictions saw drug dealers ‘drop using kids completely’ because of the reputational damage this does. Read the full article  

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Public Perceptions Of Youth Who Commit Sexual Offense Is Skewed, Our Research Shows

[jjie.org – 1/11/21] Few crimes stimulate such visceral reactions and deep-seated fears as sexual offenses. Accordingly, societal responses to sexual offending such as registration and notification laws tend to be quite punitive and highly stigmatizing for the offender. Yet these social control practices are widely considered by the public to be essential for community safety. However, given lessons learned about the linkages between moral panic and legislation in other justice contexts (e.g., juvenile “superpredators” and waiver/transfer laws), we question the degree to which public perceptions about the characteristics of persons…

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Fourth Circuit Strikes Bans on Internet, Legal Pornography For Sex Offender

[fd.org – 1/10/21] The Fourth Circuit held (link is external) that conditions of supervised release banning legal pornography and internet access are too restrictive and cannot be sustained as “reasonably related” under 18 U.S.C. 3583(d)(1) and are overbroad under 18 U.S.C. 3583(d)(2). The court explained that the district court abused its discretion in imposing an outright ban on defendant possessing legal pornography or entering any location where it may be accessed. … The circuit stated that pornography use was not the basis of any violation. Further, when defendant lied about…

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IN: No Registration for Registrants From Other States If Their Crime Wouldn’t Require it in Indiana

INDIANA DEPARTMENT OF CORRECTION, et al, Defendants-Appellants. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:16-cv-02865-RLY-TAB — Richard L. Young, Judge. ____________________ ARGUED JANUARY 14, 2020 — DECIDED JANUARY 6, 2021 ____________________ Before ROVNER, WOOD, and ST. EVE, Circuit Judges. ROVNER, Circuit Judge. Sex offender registration and notification laws have a unique place at the intersection of criminal and civil law. These civil laws impose cumbersome and often lifelong burdens on former criminal perpetrators, many of whom have finished all forms…

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VA: Virginia Crime Commission recommends eliminating all mandatory minimum sentences

[virginiamercury.com – 1/7/21] Members of the Virginia Crime Commission voted overwhelmingly Tuesday to endorse legislation stripping all mandatory minimum sentences from state code. The sweeping proposal, which lawmakers plan to introduce when the General Assembly convenes later this month, would eliminate mandatory jail and prison terms attached to 224 offenses that range from drunken driving to child rape. Lawmakers on the commission who backed the proposal — all Democrats — called it an important step to restore sentencing discretion to local judges and juries. … Most of the mandatory minimum…

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ND: Should North Dakota Extend the Statue of Limitations for Prosecuting Sexual Abuse?

[hot975fm.com – 1/5/21] … But three North Dakota lawmakers are working to make sure other victims get the justice they deserve. The lawmakers had been planning bills that would extend the statute of limitations for reporting and prosecuting sex crimes before the Attorney General made his decision. Learn more about the potential bills here. Read the full article and links to the proposed bills   Related: Lawmakers seek to extend North Dakota statutes of limitation in child sex abuse cases [inforum.com – 1/5/21 – REQUIRES FREE REGISTRATION] FARGO — Three state legislators, a Republican and two…

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ACSOL Book Offers Insight, Identifies Trends in Registrant Community

The Alliance for Constitutional Sex Offense Law (ACSOL) and the registrant community is the focus of a newly published book by ACSOL Executive Director Janice Bellucci.  The book, Show Up – Stand Up – Speak, offers insights and identifies trends in the registrant community. “The purpose of the book is to educate the public regarding the daily challenges faced by registrants and their loved ones,” stated Bellucci.  “We believe that once the public fully understands that the registry is punishment, the public will demand that the registry be abolished.” The…

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NY: After 25 Years, It Is Past Time To Reform New York’s Sex Offender Risk Assessment System: Part I

[law.com – 1/5/21] In this article, the author outlines the significant flaws of the sex offender risk assessment instrument. A second article to be published later will explain why these deficiencies are not adequately corrected by court departure determinations. Convicted sex offenders under New York law must have their risk of reoffense assessed by courts under the Sex Offender Registration Act (“SORA” or “Megan’s Law”) with courts determining whether offenders are at low, moderate or high risk to re-offend. The rankings not only determine the length and intrusiveness of sex…

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MN: Third COVID death at Moose Lake sex offender facility

A client housed in a Minnesota sex offender treatment facility has died from COVID-19, state officials said Monday. Friday’s death at the Moose Lake facility is the third COVID-related fatality in the Minnesota Sex Offender Program (MSOP) since the pandemic surfaced early last year in Minnesota. “We mourn his passing and extend our deepest sympathy to those who loved him and called him friend,” according to a statement from Human Services Commissioner Jodi Harpstead, whose agency runs the program. “The toll the pandemic continues to take in human lives is…

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ACSOL Phone Meeting Jan 16

Please join ACSOL Executive Director and civil rights attorney Janice Bellucci as well as ACSOL President and criminal defense attorney Chance Oberstein for our next phone meeting.  The meeting will be held on Saturday, January 16, beginning at 10 a.m. Pacific time and will last at least two hours. This meeting will be recorded and then posted  as an audio recording. A link to the recording will be at the top of our pages. Discussion topics will include: the upcoming Tiered Registry proposed SORNA regulations in-person registration during the COVID-19…

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California Tiered Registry Experiences (EXPERIENCES ONLY)

As of January 1, 2021 the California Tiered Registry Law became effective. In order to share information about the new law and help others with the petitions, please document your experiences with the process in the comments below. Comments should pertain to actual experiences with the Tiered Registry only. In order to maximize the value to others, feel free to include as many details (city / county, conviction history, etc) as you feel comfortable. All comments not directly relating to experiences with the de-registration process / new law can be…

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Banishing ‘Sex Offenders’: How Meaningless Language Makes Bad Law – Guy Hamilton-Smith

[Southwestern University Law Review  – papers.ssrn.com – 12/3/20] Abstract: An essay on how the term “sex offender” is functionally meaningless, and invites policy responses that are out of step with the reality of sexual harm. These policy responses, in turn, hobble our efforts to reckon with sexual harm, foreclose accountability and redemption, and elide more effective approaches. View the download page  

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California Tiered Registry Law Now Effective [UPDATED 1/5/21]

[ACSOL] The Tiered Registry Law (formerly Senate Bill 384), passed by the California state legislature four years ago,  is now effective.  Some of its provisions, however, will not begin until July 1, 2021.  The most important of those provisions is the petitioning process for removal from the registry. “The first step to take in the petitioning process is to go to the law enforcement office where you register and ask for your Tier Assignment letter,” stated ACSOL Executive Director Janice Bellucci.  “According to the CA Department of Justice, tier assignment…

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