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Janice's Journal

Janice’s Journal: Waiting for the Other Shoe to Drop

[4/29/21 Updated with link (see end of post)]

As we approach the end of April 2021, we are waiting for the “other shoe” to drop.  In fact, we are waiting for two shoes to drop.

The larger shoe comes in the form of SORNA regulations proposed by the federal government nine months ago.  The regulations, if finalized, would result in great uncertainty for more than 950,000 registrants and their families.

That is because the regulations would require registrants to meet new federal requirements, such as the disclosure of all internet identifiers and foreign passports.  The regulations would also require registrants to attempt to register with local law enforcement up to four times a year in states that are likely to refuse to do so.

The federal government issued its proposed regulations in August 2020 and has remained silent about its regulations since that time.  They have not acknowledged the fact that they received more than 700 public comments, including a 36-page comment from ACSOL, regarding the proposed regulations.  And they have not indicated whether they will modify the proposed regulations based upon the comments they received.  Nor have they indicated whether they will finalize the originally published regulations and if so, at what time.

During a few discussions with federal government officials, it has been implied that the proposed federal regulations are likely to be finalized.  Those implications, however, do not constitute an official opinion and therefore we continue to wait for a final decision.  In the meantime, the group of legal professionals who created ACSOL’s 36-page comment are preparing for the worse – finalization of the original version of the proposed regulations.

The smaller shoe comes in the form of the Tiered Registry Law in California.  Although this law was passed more than three years ago, the state government has not yet issued the form that will be necessary to file in order for an individual to petition for removal from the registry.  With only 60 days left before petitions can begin to be filed, registrants and attorneys remain in the dark regarding what information will be required in order to prepare and file a petition.

What is taking the state government so long?  Could it be that the state government doesn’t care that many individuals in California who have registered for 40 years or longer will be eligible to petition for removal in two months?

It is imperative that the Tiered Registry petition forms be released immediately so that ACSOL, registrants and private attorneys can begin to prepare and file petitions on behalf of registrants.  The state government has had more than three years to create the petition form and there is no excuse for further delay.

If you would like to be notified when either or both of these shoes drop, please provide ACSOL with your email address in the special Tiered Registry and SORNA signup form (it will soon be available below the Email Alerts signup form).  ACSOL will report those events as soon as that information is available.

Related links:

Federal Government Publishes Proposed Changes to SORNA 

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Sounds like a nightmare.

Thank you Janice! We spoke about 11 months ago. You provided me with a suggestion and I ran with it. Had we not spoken, I wouldn’t have acted on your suggestion. I was awarded a COR in April and just yesterday, I received a letter via the DOJ Management Board informing me that I’m no longer required to register. Furthermore, I’m now in the process of re obtaining a professional license via AB 2138. Thank you – LA County Courts – Janice

Hi TMZ -USA
Could I just ask you. Approximately how long after your COR was granted in Court, did you finally receive your letter from the DOJ relieving you of your responsibility to register? Thank you!

Exactly 3 weeks! The letter informed me I was no longer required to register and informed me the registering agency would be informed as well. I’m sure I might get a phone call. Lol

Congrats! But that worries me on mine. I was granted a COR at the beginning of February and have yet to receive my letter from the DOJ. I can’t find any phone numbers where I can call and inquire about it either. The only number(s) I find send you to a recording, with no option to speak with a live person. I’ve emailed them several times, without response.

Not sure what to do at this point.

Ask Janice or Chance

I was granted my CoR in October 2020 with the relief from registration. I have yet to receive anything from the DOJ. Apparently, it is quite common for the county court not to send notification.

I contacted the DOJ office this afternoon and I was told to email copies of my CoR and request a letter confirming my relief from registration. It should take up to 30 days to receive.

Here is their email to send the request: meganslaw@doj.ca.gov

Thanks for the reply. Unfortunately, I’ve written to that email address 5 different times over the past month and have yet to hear back from anyone. I’m wondering if I need to fly to Sacramento in order to get it resolved. (I’m in OC)

Two steps forward…..couple steps back! ODAAT(one day at a time). We don’t know what we don’t know YET! Thank you for this “heads up!”.

So, what do you do when you run out of days………….

So, here’s an interesting question: Does this mean we would have to report the identifiers we use on this very platform along with this ACSOL web address??
Talk about chilled speech…

Yes on the name your using but not the website. The requirement would be what handle and emails you use, not where you use them. However, I’m sure if I do a simple Google search of your handle, I’ll get a hit for this site. This definitely feels like a huge step towards very direct government monitoring. Which could potentially also act as a catalyst to take the registry down. “Oh we totally won’t do that” shouldn’t fly in court.

In Michigan internet identifiers were just removed from the state’s registry (as in, last month) due to new legislation that followed from a federal court decision that stated that mandating posting of internet identifiers constituted ex post facto punishment for people put on the registry before such a rule was put in place. I would think enforcement of this specific part of the new SORNA law would be immediately stopped by a court, but who knows?

From what I understand, the identifiers wouldn’t be public. Just in a database. I don’t believe the Michigan ruling would apply in this case, but hopefully it would. CA also has a similar identifier requirement but its narrowly applied to those convicted in 2017 and later, and only those convicted of a crime where communication via internet was involved. At least in this case, there’s somewhat a direct rational behind it. Having 100% of people do it regardless of the underlying circumstances is dump and not likely to stand up to a court challenge. It’s frustrating that our approach to… Read more »

What a colossal waste of time. A person could easily list internet identifiers and then change them. And registering 4 times a year. What is that supposed to accomplish? I know I’m preaching to the choir here, but still.

No need to change any identifiers. Just tell the criminal regimes about identifiers that you don’t care about and use any others that you like. Only a real idiot would fantasize that a person who wants to do something nefarious or illegal would simply not just use a different identifier. Whatever benefit that the idiots fantasize that they get from it will be absolutely overwhelmed by the animosity and retaliation. Anyone with a brain understands that. Most Registry Supporters/Terrorists are dumb as rocks, but the others simply don’t care. The Hit Lists are not for public safety or protecting anyone.… Read more »

Maybe they want to feel like they are doing something. Seeing as how registrants rarely reoffend, and most minors are assaulted by someone they know, and child sex abuse rates have NOT gone down, their strategy is to double down so they can say, “See–we’re doing something about it.”

Janice, is there a legal strategy for an upcoming challenge to this? Talk about an unfunded mandate that will cost the states hundreds of millions. I know you do not think a full on attack is a viable strategy, but this may force someone’s hand. When it affects so many people, it might be time to revisit Smith v Doe.

All registrants and persons concerned with this issue must be supportive of ACSOL’s work.

Thank you Janice and the small army of advocates standing behind you.

I hate to state the obvious, but at what point do these “civil” obligations become violative of ex post facto punishment(s) that violate the U.S. Constitution??

@Detroit
this whole registry scheme is expo facto !

Ex post facto doesn’t affect nearly as many as the fact that it is cruel and unusual punishment.

I will simply refuse to comply. And when they come to my door, I would have a nice greeting for them. This has to stop somewhere, either for me or them.

These are the weapons of the criminal regimes. Don’t make their weapons effective. Comply to the point that it cannot be suspected or proven that you aren’t. Then stick around and attack them from the shadows, invisibly, all the time.

Amen !!! We are “ALL” going too need too stand up too these Bullies ! With change comes GREAT sacrifice. The worst is when your kid answers the door too a Power Hungry state trooper looking for her Dad who has been home from prison for 25 years for a rail road offence they pinned on thousands of us 30 years ago . One day they will Understand the Damage they have created . F@ck Emm !

Same. At this point, having dealt with this horse sh*t for 14 years in 4 different states, I’m done. I paid my debt to society long ago. I have no significant other, no family of my own, nothing to lose. What’s to be gained by continuing to play a rigged game where they can keep moving the goalposts like this?

I think we should take the opposite tactic, that of uber-compliance. How long will the states put up with a million registrants daily changing internet identifiers and flooding the states with registration modifications? It will be the states, not registrants, who will eventually tell the feds to shove it. No one can be arrested for conspiracy to obey the law.

Veritas.

@Ed C,

Well certainly one way to protest is to make a few new internet identifers every day and then submit a registration modification every day.

If I have to register again, that is something I will do. I will be making lots and lots of internet identifiers. Maybe 10 or 15 new ones a day.

I don’t have a problem with that, Ed. It would be a reasonable act of civil disobedience which as many of us as possible should “commit” were this requirement to be imposed upon us. Since our ranks are generally ultra-compliant with law enforcement demands, it might be weirdly effective. I still can’t believe that many California registrants won’t visit the registry website where their own picture appears simply because California claims that it is “illegal” to do so. I’m still shocked by that.

Actually it would be an act of “civil obedience” in that we would all be strictly complying with the law. The states should be swamped by whatever federal requirements are put in place. If the states refuse, then the impossibility defense becomes operative. Give them a dose of their own medicine.

Veritas.

Yes, although I was imagining it along more sneaky lines like just making up the user names and then submitting them which then would be civil disobedience. I’m not recommending it but it is something I would contemplate. Not for the faint of heart. It would require a bit more chutzpah than, say, looking yourself up on the California M.L. website.

Since user names are made up anyway, I think we could legally do just that. There is no law against, creating a user ID today and deleting it next week, which could require two reports. Just flood them with work. When they protest, tell them you are doing what the new DOJ federal regulation (not statute) requires.

Veritas.

Sounds like the feds are pushing to the point we have no choice but to resist. Many of us have been functioning well for many years, but for them to increase restrictions such as increased number of times to register each year–which can require more days off from work and more hours wasted sitting in the police station, risk of forgetting to register, increased humiliation–and for viable no reason whatsoever is just getting unacceptable. If I have been doing fine, why is my punishment going to be increased? Registration is already an enhancement to my sentence, and now that enhancement… Read more »

Why do people keep mentioning “humiliation”? Stop. Stop feeling that. Stop accepting that. I stopped caring about that decades ago. I know the kind of “people” who think the Hit Lists are acceptable. They are pathetic. I’m a million times better than they are and they can’t possibly humiliate me. People need to realize that Registry Supporters/Terrorists (RS/Ts) are below animals and their opinions are worth less than nothing. Be an amazing person and stop worrying about the scum. I stopped worrying about them, anything that I did, any “obligations” that I had to contribute to society or care about… Read more »

@WillAllen
Amen brother! Especially if all California’s power brokers were exposed can you imagine how big the Cali sex offender list would be ? I pray for redemption for exposure to evil crap these politicians do in the darkness! It will happen.

“Sounds like the feds are pushing to the point we have no choice but to resist. Many of us have been functioning well for many years, but for them to increase restrictions such as increased number of times to register each year” Hasn’t this been the ‘new normal’ strategy for the Biden Administration for everyone? Control so that the population is obedient and submissive. Give me one reason why they would want to give the RSO group of people more freedom, but not everyone else?

Lord, you people with the Biden problems. He hasn’t been in office long enough to do much. Let’s stop framing everything as Democrat or Republican. Guess what administration this proposal came from? We survived 4 long years of that.

Our enemy, and the enemy of all moral, free people, are the Registry Supporters/Terrorists. They are the scum that comes from all political parties. The scum that loves big government and licking their boots. The scum that cannot mind their own business and will never, ever get enough of trying to control other people. That is the enemy.

He hasn’t been in office long enough? In 4 months the Biden Administration has changed America more quickly and more radically than any other previous administration. I think you are a little ill-informed. In any event, you are correct that whichever party has control of the government, neither is going to help reform the Registry to be fair to Registrants. The only way to be truly free would be to leave that hell hole.

According to the DOJ the re—offense rate is low, so why do they need these restrictions. Sounds like human beings can be traded on the stock market; which many elected officials and bureaucrats probably have money invested. These laws need to fall off a cliff and burn in the pit of Hell. Enough is enough; government didn’t create me and they can’t control me while claiming I have freedom. I want freedom from the government and not being labeled a pervert as well as a burden to society. True burden is the government and their useless laws. Let my people… Read more »

First of all according to the sex offender management board, the recidivism rates are extremely low.
Its seems to me that the board has no interest in applying SORNA. From what I can remember, the board reviewed complying with SORNA and their recommendation was not to implement the Act.
What confuses me, is that California is clearly going with SB 384 and tier levels (for the most part) have been assigned. So my question is this: why apply the tiered registry, if the state plans on implementing SORNA?

CA won’t. But I’m guessing it’s something about the language that Janice and crew understand that might force it to be compulsory for the states to do so. That’s one of the things she noted about some people technically needing to register 4 times a year because SORNA says they’re Tier 3, but under CA registry they’re Tier 1 or 2, and regardless, CA doesn’t require more than an annual registration for all cases except for a very small minority deemed to be SVP specifically. So the issue comes with the Feds saying you need to it 4 times but… Read more »

@SR: “Whatever the outer limits of that sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program.” — New York v. US (https://supreme.justia.com/cases/federal/us/505/144). There’s also Printz v. US (https://supreme.justia.com/cases/federal/us/521/898/) which dealt with the Feds trying to force state-level LEOs to comply with registration duties in the Brady Act. Finally, there’s NFIB v. Sebelius (https://supreme.justia.com/cases/federal/us/567/519/), where SCOTUS said the Feds cannot withhold all Medicaid monies from the States for refusing to comply with Obamacare: “Congress has no authority to order the States to regulate according to its instructions.… Read more »

So I’m a field tech for my company. I travel town to town but occasionally, not a lot cross a state line to assist with an area. I’ve read different reports,. Some news sites say this will mandate me to have to register in that state I worked in that day. Even though I come back home to my home state that night. Is this true? Cuz if it is I am most certainly going to lose my job. Not from me getting fired, but for me not wanting to register it one particular state that will keep me as… Read more »

@Anklebiter: It all depends on to which States you travel. For example, IL requires registration for anyone who spends a total of 3 days in the State in a calendar year, regardless whether consecutive or non-consecutive. On the other end of the spectrum are States like NH and MN that allow a couple weeks before one must register (though MN also now has a rule regarding 30 cumulative days per calendar year). You’d have to look at the rules of the State(s) to which you travel. Your Tier may be different in other States, as well, meaning you may not… Read more »

Also, while ASCOL has done great work in California, lobbying and creating change. If, knowing that this new proposed rule, could undo all of that; has ASCOL lobbied at all any of their federal representatives for amendments to federal SORNA? Obviously, 33 states believe they have a better idea on how to manage sexual offenders over the last 15-years. In contrast, it only took a few years for all the states to comply with the Wetterling Act. It appears that federal SORNA is an unworkable law (their last ditch effort is to make us individually comply regardless of state law,… Read more »

Unfortunately, ACSOL currently lacks adequate resources to lobby more than 500 members of Congress. ACSOL does, however, have enough resources to sue the federal government if it finalizes the proposed SORNA regulations. We believe we have a better chance of a positive outcome through litigation and that is why we organized a team of attorneys who can and will file multiple lawsuits in multiple jurisdictions at or about the same time.

How does one sign up to become a plaintiff.
I’m interested.

I received a letter from both the DOJ almost 3 weeks thereafter. It’s signed from the head of the sex offender management board. I’m clearly going to make a few copies. It also states that copies are being sent to LE (where I register). My next step it to contact Homeland Security and get what’s called a redress (update their info) so I won’t be harassed or prohibited from traveling. The law firm ($1400) was amazing and I never even stepped into court. Best of luck to everyone and again (she knows), if Janice hadn’t answered to phone the day… Read more »

I travel extensively around the US. Never has the TSA treated me differently. The redress is for persons on the do-not-fly list, or whose name matches someone on it. I suggest applying for a TSA Pre-check. I had no difficulty getting one.

DOJ needs a new paint brush and stop brushing all registrants with the broad brush along with bs frightening and high paint. Does anyone working at the DOJ have a brain or are they all mindless robots?

At that level, in that office, its all political. They have a narrative to push, and the power to push it – regardless of the facts. The only counterbalance is the Courts or lobbying congress for change.

It’s the later, obviously. I personally suspect they want us all dead or in prison until we’re dead. Notice how all this coincides with the 40th anniversary of Adam’s death? That should tell you everything you need to know about this garbage law. They’re clearly using the 40-year mark as a revenge fantasy How does witch hunting honor a dead child’s memory?

SORNA is a sick and twisted revenge fantasy.

I forgot Adam’s murder was 40 years ago since I wasn’t even a year old when it happened. How can anyone tell if sexual contact happened with only a head found? A person that dies regardless of circumstances should never be used to pass vengeful laws.

You know, I just decided I really don’t give a flip what happened to him. His own parents disrespected his memory and made him a pariah. The POS AWA is immoral. I think I need to start celebrating the anniversary of his death. There are so many insanely distasteful ways to do that. John Walsh and his kind deserve complete disrespect and contempt. I pray they are suffering.

No, the word “registrants” and the whole concept of it needs to go away. That is the only solution.

They might have some brains, some. But there aren’t any people who actually care about public safety or protecting children who think the Hit Lists are smart. There just aren’t.

They are much worse than mindless robots. They are fascist bootlickers.

The new SORNA perposul is just that a PERPOSUL if states choose to accept the federal government’s perposul then so be it they can fit the bill. Since the pandemic police department’s have been avoiding physical contact with sex offenders as much as possible and now they want them to start collecting more information from people sounds like a shiiit tun of work for law enforcement who’ve already expressed the registry is time consuming and useless as is so honestly I don’t see California accepting the federal government’s perposul any time soon. SB384 arrives in 60 days wow congratulations to… Read more »

The problem is that ACSOL and other groups think there’s something about the language where it might not be a state choice. Where the state government might choose not to do anything, but the Feds will technically flag most of us as non-compliant on the federal level. It’s kinda how the Feds can snag you for transporting weed across a state line even if you’re coming from one state like CA to another legal state like OR without every being in a place where it’s not legal. Crossing that state line is Federal jurisdiction and you’d be prosecuted as such.… Read more »

@SR:
The problem with your interstate weed example as comparison to SORNA is the fact that there’s no way to directly comply with SORNA, we instead must go through the State systems. On the other hand, one can easily directly comply with the Federal law regarding weed: carry none.

“Unfortunately for me my birthday is after July 1st so I will not be eligible to petition for removal till next year”

Am I reading this right? You bd has to be after 7/1 or you would would have to wait a year. June 30 would have to wait a full year.

My bad I ment before July 1 😬

The other shoe dropped yrs ago. It was named ‘SORNA’. Once that entity began, most hope was lost. They can do anything, implement any law, and operate with impunity. We got housing restrictions lifted, so they in turn keep us from moving around. We got limits on registration duration at state level implemented, so they simply change the rules to make their registration indefinite. We are playing on a tilted field and we are running uphill against the wind. Personally I feel violence is our only recourse left. Passive resistance did nothing for MLK, Gandhi, or the Jews. A violent… Read more »

The state where I live was operating as a criminal regime long before anyone dreamed of SORNA. These criminal regimes don’t need any help from the federal government in order to be effective criminals.

I completely agree that America is not rational and best understands force. The anti-Registry army is very large, completely geographically dispersed, and can operate essentially invisibly. All it takes is the will. Everyone should join the Registration Liberation Army.

Know those “Kill a pedophile” shirts that some people love? I support the sentiment, but with different targets.

I say refuse to comply, and then call the local news when they come to your door with a warrant for arrest. Let the public see how the police treat a 7 yr old misdemeanor because he didn’t come in after 3 months to update his info.

Local PD wouldn’t be coming after you if the state chose to not adhere to this. But the Feds might. Which might make it even more fun on the news for federal overreach when the person target literally had no option.

The public doesn’t care. Most people couldn’t care less what happens to most other people. They certainly don’t care about people who have been listed on a big government Hit List with a propaganda campaign. They don’t care. They don’t care that the Hit Lists don’t work. They don’t care that they harm people, including children. They don’t care that they put all of America in more risk. Too stupid to know any better and too arrogant to care. That is your typical, completely uninformed person living in America.

I pray every day that the registry molds some Chris Dorner type character who snaps and takes revenge, leaving a mountain of dead cops in the street. I want to watch the news and smile.

If the states that have constitutions that forbid retro active application of laws carry out the dirty deeds of the Federal Government, they should be able to be sued for that. Can the Federal Government force a state to violate its own constitution? Printz vs. United States 1997 precludes the Federal Government’s “forced participation of the State’s executive in the actual administration of a federal program”, but in the aftermath the states eventually went along with the gun background checks, but they weren’t going against their state’s constitution by going along with it.
Is this the major issue?

Yes, Scooby, this one of the major issues. The biggest issue from my perspective is that in the proposed regulations the federal government is reaching out to individuals because so many states (38 out of 50) refuse to comply with SORNA. The federal government used a carrot to try to force states to comply with SORNA and that didn’t work. Now the federal government is proposing to use a stick on individuals in the form of a potential felony conviction and up to 10 years in federal prison.

Janice

Can state AGs refuse to adapt the proposed changes like they have in the past?

I see, quite devious. I’m going to have to do some research on this. Do you know if there is precedence for this, and can you reveal what your main arguments will be about the constitutionality of this particular issue? They would in essence be invalidating the protection to the individual of the State Constitution where we live, and claiming that we, the Federal Justice Department, have more power than your States Constitution. That is a State Sovereignty issue i think, or individual Sovereignty?

Unfortunately, or maybe fortunately i found the answer to my own question i think, the “Supremacy Clause, Article VI, Clause 2”. Janice just might get her wish, and we might get another shot at Smith vs. Doe. This could be a blessing in disguise if I’m looking at this correctly, as the rules that they are proposing go far beyond Smith vs. Doe and so we might get to challenge the rules comparably to Smith vs. Doe and use the current studies and statistics and science to show that it has no legitimacy. Please tell me if i am off… Read more »

You’re on base. We can challenge these laws under two conditions: 1) we distinguish our case from prior cases, or 2) we challenge new requirements. New evidence can distinguish our case from Smith, but to be successful we must prove punitive effect under the clear and convincing standard. That standard was met in Snyder, and SCOTUS didn’t disturb that ruling when given the chance. That says volumes.

Not sure how much more of a punitive effect we can prove when as a whole, we’re directly barred from living freely where we choose (there’s zero argument there with all the residency restrictions); we can’t fully participate in our children’s educations unless being given permission which is completely arbitrary; we can’t really travel across the country without risking being arrested due to law differing not only state to state, but down to the city level, and not being able to get a clear answer from local LE to the requirements when asking; and of course the obvious danger of… Read more »

I come back again to it being at a minimum mentally punitive. I think it would be hard to find one expert that would disagree with this. I think it would be easy to find plaintiffs that could prove this, so the question that i always wanted to know is; would it just be a collateral consequence? By mentally punitive, i mean actual mental diagnoses; PTSD, Depression, Anxiety Disorder, Fear, etc. I know it would be an expensive endeavor, but i think it’s a winner and maybe a last resort. But i can’t get any real opinion from an Attorney… Read more »

@Janice Bellucci: How will the Feds get around the fact that there’s no possible way to comply with the Federal law without assistance from one’s State government? I know the Feds could still arrest and prosecute but what judge would convict for violating a law with which it’s impossible to comply? Don’t get me wrong, I totally see and agree with your concern; I just don’t see how the Feds have any traction. If the changes go into effect, I do think it would be wise and prudent for those in States that don’t mirror the Feds to keep proof… Read more »

Perhaps the federal criminal regime ought to get even more criminal? How about they say that you must comply with anything that your state offers but that you also must use a web site that they provide that allows for the input/upkeep of all information? Citizens must file other documents with the federal criminal regime. So why not force PFRs to file? If they actually cared about their “public safety” and “protecting children” lies, they’d try harder. Every day, I wonder how much more the Hit Lists can radicalize me. Just last night I read a press release from the… Read more »

I believe the reason SORNA was opt-in for the states was that the Feds did not have jurisdiction for state crimes, so the states had to invite the Feds in. So now the Feds think they will have the jurisdiction to enforce a federal prison sentence even if without Federal jurisdiction, like FTR without crossing state lines.

This is blatant punishment, not regulation.

The reason they can do this is because anything to do with the registry was ruled to not be punitive but rather civil in nature. Basically, they can change things on the spot and have it apply to everyone in the same way they can change the speed limit on a highway and ticket you for breaking it.

Here’s another issue that should be challenged if it already hasn’t been: Spending Clause, Article I, Section 8, Clause 1 of the U.S. Constitution (4) not cross the line from enticement to impermissible coercion, such that states have no real choice but to accept the funding and enact or administer a federal regulatory program. The fourth of these criteria, in particular, is intended to ensure that any conditions on federal grant funds do not run afoul of the Tenth Amendment’s prohibition on the federal government’s “commandeering” of state or local governments or officials by requiring them to carry out federal… Read more »

This is absolutely horrific. I can’t believe anybody in their right mind can read the federal Sorna regulations and not realize how absurd this is. So, what does that mean for the following: CA has a Tiered Registry and Tier one has to register for 10 years, yet SORNA says 15 years. CA asks you to register within 5 days of your Birthday, SORNA says 3 days. And, you really have to notify them if you want to take a 2 week vacation? You have to tell them your Internet identifiers every time you add or change it? How in… Read more »

Neither the Feds not the states can keep up. But that’s not relevant. The government has long ago absolved themselves from having to make sure the registry is accurate. But that doesn’t change the burden on us to comply. Because they might simply pick your name out of a hat and make an example.

“Our” government bureaucrats, politicians, schools, and media lied to us when they said America is the “land of the free.” Almost one million “registered sex offenders” in America, forced to comply with ex facto laws, with a meaningless Constitution that ostensibly “protects” everyone.

Meanwhile, we have what are probably fudged employment and GDP figures, the devaluation of the U.S. Dollar, increased inflation, prices of homes are at all time highs, record homelessness, record student loan debt, massive wealth inequality… the list could go on.

America is corrupt as hell and a BIG joke. Prove me wrong.

I will wait and see if this goes into affect. But if it does, I will become a fugitive. I have given enough and taken enough. There has to be a line that says it has gone too damn far. They want a criminal, they will get one.

I definitely echo that sentiment. I think it’s important to have backup plans and maybe even make gradual and careful preparations. In the grand scheme of things, it’s your life to live. Some laws are unjust, as history has shown, and as the registry will ultimately be seen one day. A man can only be pushed so far before he reaches a breaking point, when a risk vs reward decision has to be made. I decided long ago that I won’t be participating in this nonsense for the rest of my time on this earth, legally or otherwise. Where there’s… Read more »

Thanks @ACSOL Moderator for adding the link to the initial ACSOL posting from last summer (above) when this was initially proposed by the Feds. It could aid in the discussion here for those who want to reference it.

Here is the actual Fed Register posting: https://www.federalregister.gov/documents/2020/08/13/2020-15804/registration-requirements-under-the-sex-offender-registration-and-notification-act

Here is the link to the doc ACSOL submitted in reply: https://all4consolaws.org/2020/10/acsol-and-allies-submit-formal-response-to-proposed-sorna-regulations/

The comments can be seen here https://beta.regulations.gov/document/DOJ-OAG-2020-0003-0001/comment (Thx to @Hopeful in Michigan for that)

When I was 18 I was told by two plain clothes 290 registration detective at the Moreno Valley PD that they didn’t care what the judge says I deserved to be taken out back and a bullet put in my head the other detective replied no that be a waste ove bullet. I smiled and said my case isn’t even that serious have you guys read it one of the detective replied I dont care what you did or where you go your gonna have to register az a sex offender till the day you DIE for some reason that… Read more »

They then went out and fucked an underage prostitute. Cops are scum. Period.

Does MV have its own police force, or are they County employees under contract to the city like so many other cities in Riverside County? My very first registration in RivCo I was called forward “next deviant step up” almost 20 years ago. Since that time, EVERY registration has gone quickly and with reasonable respect. The home verification raids are an entirely different matter; They have harassed my wife, including questioning why she was married to me Acted as though they wanted to kill my dogs (if they kill my dogs while the dogs are locked inside my home and… Read more »

@C: I still cannot find ANYWHERE where I am mandated to comply with the home verification raids. I know they are authorized to conduct them, but that authorization never included a mandate for us to comply… or have I missed it? No, you didn’t miss it; no such requirement exists. Think of it this way: LEOs have the same implied license to approach your door and knock in an attempt to speak with someone inside, just like JW, GS, and Trick-or-Treaters. Conversely, you have the explicit right to ignore whoever is at your door, whether LEO, JW, GS or Trick-or-Treaters.… Read more »

Personally, I don’t think any PFR should allow LECs to visit them anywhere, unless the PFR is legally forced. I certainly would never allow any family member or friend at my home to speak to LECs there. It is way past time to stop participating in the Hit List farce. Way past time to stop supporting the safety theater. Every time that a PFR engages with them and allows it, they are endorsing it. I’m going to instead send a very clear signal, always, that none of it is acceptable. I’m going to do what I can to ensure the… Read more »

If these new laws are enacted, democracy is dead in the U.S. We can forget whatever progress we have made in regards to the registry. This will empower cities and states to make harsher laws and the DOJ will be on their side if any lawsuits are brought. There will be 1 million ( and increasing rapidly ) citizens that will no longer be able to claim that title, because citizens have rights, and evidently we have none. And if we are no longer considered worthy of these rights, then I see no other alternative than to find a country… Read more »

One of the two shoes has dropped. The Judicial Council has revealed that petition forms for the Tiered Registry law will not be available until July 1. This will make it very difficult for those whose birthdays are in the month of July to be ready to file their petitions in that month.

While annoying, I think this shoe is the least worrisome. Just adds a bit more time to the first wave of people filing to get off. At least this doesn’t place anyone in jeopardy of being arrested through literally no fault of their own while in way actually breaking any laws.

Wow, what a surprise……… not!
Of course, what the fuck do they care. Not like anything can be done. Talk about an exercise in futility.

You really need to abandon ship for a cause you can at least see a glimmer of hope in. We would all understand. This is a losing cause for any attorney, even one as talented as you. Not that you aren’t very much appreciated, but ………..

You must be teir3 what you do ?

Misdemeanor CP

Seems like there would be a leaked or early draft floating around.

The forms appear to be on the Judicial Council website under the attachments (pdf) link. If this is an accident, hurry to get your copy in case it is shut down.

Last edited 11 days ago by Ditto

Very nice, thank you! Petition starts on Page 7….though the entire document is 125 pages long…I have not worked my way though all of it…lol…Best Wishes, James I

You’re welcome. It is going to take a few readings on my part to get it down. Evidently misfiling is a certain dead end that will require starting over. The Registration Termination forms do appear to be finalized and this will be the process.

Unfortunately, Ditto the forms for which you provided a link are not the final version of the forms. You can tell that by looking at the top of the first page which states that a committee is recommending them to the full Judicial Council. Also, they are dated more than a month ago (March 12). We are still waiting for the Judicial Council to approve a final version of the forms and to release that version to the public. Therefore, no one should try to use these forms in order to petition for removal from the registry.

Bummer. I was looking at

Type: Form Proposal Status: Passed

On agenda: 3/12/2021 Final action: 3/12/2021

In government work, I guess Passed and Final don’t mean what they used to. 🙂

Thanks for catching it.

Dear Ditto and Janice: I actually worked the forms last night….and was quite pleased with them, though of course, upper right does say…”Draft, Not Approved by the Judicial Council…” Still, they looked pretty damned complete to me…and complete in the sense that they are a full integrated set from Petition to Court Order. One positive comment in the following comment section was that these seem straight forward enough that the normal, average person should be able to complete the process. The large flaw is what happens if the CA DOJ categorizes a person’s tier level wrong? I am suddenly very… Read more »

Last edited 9 days ago by James I

This federal law is enacted and I predict a sharp rise in registry related suicides.

It honestly just might be what tips me over the edge. I don’t have a whole lot to really live for as it is. No significant other, no family of my own, no close friends, and just achieving the relative stability that I have now (job, apartment, car) was such an uphill battle that seems all in vain if I have only more punishment to look forward to.

I hear ya. We have put all our eggs in one basket. The tier system was literally the only hope for most of us. If it turns out to be a wasted effort ( which so many here correctly said it would be ) then what is left. I too have nothing here to keep me going. The pandemic wiped my business and savings, just when I was starting to be able to see the possible light of self sufficiency and count days (more like seconds) until I was able to be free of the stench, I am back where… Read more »

I know the future looks bleak and pessimism runs rampant in our lives; however don’t let the government control you into doing something stupid by getting arrested or taking your life. This government isn’t worth killing yourself. Your worth more than you know and use the anger to create change. Never give in to the tyrants in our government and society. F em

I don’t know about suicides but definitely a sharp rise in frivolous cases flooding Federal Courts over whether or not it was a violation or the state’s inability or refusal to accommodate the new rules.

A suicide would be a confession of sorts indicating that the government and all the grassroots mobs were right all along. The winners of wars write history. Not the losers.

Suicides are not confessions, of any kind. People commit suicide all the time because they feel doom is inevitable, often with good reason. I could easily see an accused but innocent person killing themselves because they have given up all hope for justice.

Understood and you aren’t wrong. I was trying to say it could be interpreted as a confession, a sort of surrender, a defeat. If someone leaves a suicide confessing only, “I give up,” is that a victory for justice? I view suicide as a form of murder.

Register 4 times a year? But the Attorney General says that incorporating the new SORNA guidelines won’t cost the States an additional dime😜. [The Department of Justice expects that the proposed rule will not entail new costs and will result in a number of benefits.For registration jurisdictions, there are no new costs because their requirements under SORNA continue to be those articulated in the previously issued SORNA guidelines. Likewise, for sex offenders, the requirements articulated in the rule either appear expressly in SORNA or have previously been articulated by the Attorney General in the SORNA guidelines. The procedures by which… Read more »

Its an unfunded mandate. And, state’s are increasingly moving away from compliance. This year, the State of Utah, passed a law that allows “lifetime” offenders (Tier III under SORNA) to petition the courts for removal after 20-years if they can show by clear and convincing evidence that they are not a public safety risk. This is definitely not in compliance with SORNA. The original text of this bill stating it could be done at 15-years (based on the evidence of low re-offense rates); but, was raised to 20-years during a house floor amendment. According to the head of the Utah… Read more »

@JohnDoeUtah I wasn’t aware of those reforms in the Utah Registry scheme. Certainly a step in the right direction. Likewise, here in CA, a 9th Circuit judge already struck down the “internet identifier” requirement siting many reasons but one in particular that caught my attention was that it would stifle free speech to those registrants who are elderly, infirm or home bound. The American with Disabilities angle is what I always thought would eventually shatter the registry because the government can’t impose the same hardships on people at 70 that they did at 35. That, and the registry scheme itself… Read more »

And State legislatures NEVER go back on their decisions, do they…………. I think it is called ‘back room’ politics. Deals will be made, politicians can point fingers at the feds to save face with civil rights attorneys, and in the end, we, the ping pong ball in this demented game, will be the only ones that suffer.

CA will absolutely refuse to do this. We have 110k registrants in the state. Needing to now have that many people provide a ton of additional information (internet identifiers) as well as now needing the majority to also register 2+ times a year (a lot of CA people who are Tier 1 under CA registry are T2 or T3 under federal) means a crap ton of more work for registry offices, which means a ton more money spent for absolutely no gain. There’s absolutely no way CA will willingly accept this. The state alone will likely sue in addition to… Read more »

Correction, 110,000 and increasing! Within 4 yrs, even with a percentage coming off, the #s will swamp the local registration P.D. Offices.

If the SORNA changes are actually implemented and somehow enforced there will be hundreds of thousands in this country going back on the registry at least nationally. Like me, who hasn’t actually been on a registry for 11 years (is 22 years since my offense). If I was that dangerous that I needed to be on a registry why is it that I was off for 11 years and still didn’t recidivate?

So I’d still be off the federal at year 25 – so makes sense to register me again for oh like 3 years?

Dangerous enough to be on the registry, but not dangerous enough to be in prison. What an oxymoron. Making me comply with retroactive registry laws is what’s making me dangerous.

Yep. And actually, if the vast majority of “people” living in America weren’t such awful, stupid, self-righteous, self-entitled, evil walking garbage, then perhaps we could have a decent society where people simply knew about a person’s past transgressions. Who doesn’t want to know if a person living next door to them has done something terrible in the past? But, we obviously have found out that America is not moral enough to have actually useful or moral Registries. The Hit Lists could possibly be acceptable if they were only used for information and ALL serious crimes were included. There is absolutely… Read more »

But you are assuming they will give you credit for those yrs you were not registering. I would bet they wouldn’t and say you actually have to be a registrant for those yrs.

@Eric, Then we would get some new case law about a bunch of things related to that.

Wether we will be required to adhere to the federal requirements remain to be seen, but if we do, I believe that the clock starts from when you were convicted, unless you have another case then it starts form that. If you have been offense free for 20 years like me, then if you are a Tier 1, you would not have to register at all. That is my understanding form how I read it. It should not be Retroactive at all but you know how crooked the system is. Sucks!

The current administration is trying to spend $6 Trillion dollars, and a good portion of that is for “infrastructure”. They have already stated that free daycare and preschool is part of “infrastructure”, so I have no doubt that registries could easily be considered part of “infrastructure”, too (after all, public safety is part of infrastructure).

Do you think the State of California would turn down an inducement of $50 or $100 billion in return for full implementation of the new SORNA?

Like I have said before, we are playing a game against an opponent that makes up the rules as they go, have the refs on their side, and we are the visiting team. There is no way to win this game.

Eric O ~ I think you summed it up pretty nicely. That’s exactly it. They make up new rules all the time, and they apply them retroactively. One day, there are presence restrictions, then they are struck down. That does not mean they won’t bring them back again tomorrow. What is the point if they can just pull these rules out of their you know what, and nobody can stop them, no matter how little sense it makes, or how it seems unconstitutional. If they want tell you that you can no longer eat Steak, they will get away with… Read more »

The very reason they ruled it as administrative and not punitive. That way they can just keep doing what ever they want. This is a lose / lose scenario for every registrant for their entire life. At any time they can put every registrant on lifetime tier 3 with monthly check ins and zero internet access and we can do nothing about it. This is as close to a complete leper community as you can get. Every person on the sidelines is going to say , “ Hang in there, the pendulum is swinging back.” Or , “ Call your… Read more »

6 years imagine 2 decades of this bullshiit

The Globalists make the new rules, tell the media ( the globalist propaganda tool) to play up the need for these new rules and coerce the legislative bodies of each country/ State/ local jurisdiction to pass them into law. Then, their law enforcement minions carry out their orders. It is all about control of the worlds population, through oppression. The registry was the early beta test to see how far they could go with an outcast group. It succeeded. Now it is time for the rest of the population. Yes, Eric, they will restrict what we eat or don’t eat,… Read more »

O.k. A little extreme and Q anonish , but whatever

Maybe you mean the American Legislative Exchange Council

Nearly a quarter of all state legislators are members of ALEC. And over the years, the group has helped usher in laws including mandatory minimum sentences, California’s three-strikes law and Stand Your Ground.

@Ditto
Interesting.The ALEC seems like it may be one of the power influencers on a National level in this country. The International NGO Davos Group probably gives them their instructions, as it does to all countries regarding social, economic and legislative issues. Ultimately it is the few at the top who own all the transnational corporations that control everything.

Yep, and there are membership fees so it’s pay as you go lawmaking. When politicians say “states’ rights” I think they mean “Let ALEC rule.”

Is it a shoe or is it a boot?
Obviously we can never refer to sex offenders without mentioning the registry database(s) and otherwise political use of the database driven infrastructure. That inalienable connection cannot be laid upon the doings of the offender as they did not make law.

What drops is crap rolling downhill from leadership too heavily invested in the advantages wrought via the misuse of our electronic infrastructure, by two political parties perpetually interested in the tactical advantage over the other among the populace.

https://www.judicialwatch.org/in-the-news/ca-pressured-big-tech/

It appears our “friends” in the Ca. Dept. of Justice are determined to undermine the new law allowing us to petition off the registry by changing everyone to a higher tier. Level 2 for over 22 years, now all of sudden guess what? “Your’e tier 3!” And hearing from a friend in similar straits, he was level 1 now he is level 2. But get this: the country where he registers CONGRATULATED HIM on being tier 2. Why? Because, “Since the first of the year, over 90% of the people I have seen are being designated tier 3”. That is… Read more »

Can you explain how you feel this way? I was always told by Chance and Janice, your tier is determined by your conviction type, score level, etc. for example, a 288 (a) is a tier 2, and the DOJ has no authority to put that a tier 3 when it is a one time offense with no priors. Would appreciate your comments on this. Thanks.

18 U.S. CODE 242,,,,,”Continual” I might add,,,Deprivation of rights under the color of Law! plain and simple.IMO

Here is another thing that I find absolutely mind boggling, here we are 3 years and 4 months later and they are still issuing Tier Assignment Letters with the status as TBD (I got one today). They have had all this time and they can’t figure out what tier to put people in? One thing that I am very curious about is what are they going to do with all the TBD’s when the law changes on January 1st and a lot more people are subject to being listed on the public website, who are not currently on the public… Read more »

@Jason – I believe you’re mistaken as it relates to the public website. Tiers have little relevance but rather the most obvious and significant offramp to staying off of the website is if your victim was related to you. Under that scenario whether you’re tier 1, 2 or 3 does not matter you will be excluded unless I’ve read it incorrectly.

You are missing the point of their delay. They are waiting for the Feds to take over with the new SORNA guidelines. That will supersede the Cal Tier system and the state won’t have to enact the law they voted on. They don’t care. When is everybody going to accept this as reality. Those that are optimistic about things EVER getting better for us are fools. They give us scraps around the edges, like residency restrictions and allowing access to a park ( OH BOY! ) , which don’t really hurt their cause, since they can just wait for some… Read more »

@Eric, living in another country is not a magical solution. What seems to be perfect today can easily change policies tomorrow. Just ask the registrants who used to live in Mexico.

I’m not saying never consider another country, but if you spend all that money and time to move, accept that you may be sent packing at a moment’s notice when the U.S. poisons the minds of that other country’s officials, which results in new laws that make you unwelcome.

Simple solution. You don’t goto a country that has its ass in the air for the U.S. to spread and screw. Lots of countries don’t bow to this sad excuse of a democracy. 

From the looks of it (Q anon, fake election fraud , etc) the U.S. is too busy poisoning it’s own citizen’s minds to worry about other countries. Besides, at the rate we are deteriorating as a country, maybe there won’t be a government to implement this crap in 3-4 yrs. 🤞🏼

No one expects the Spanish Inquisition! Our chief weapon is surprise, fear and surprise; two chief weapons, fear, surprise, and ruthless efficiency! Er, among our chief weapons are: fear, surprise, ruthless efficiency, and near fanatical devotion to the Pope!

Hi, I think you make a strong point. But, the DOJ has issued Tier letters with a tier 2 to many registrants that if SORNA is implemented, would be a Tier 3. Do you think they would TBD them too if that was the case? They didn’t do all TBD on many registrants, but again you so make sense. Also, CA isn’t controlled by the DOJ, they would hang all registrants if they could. So it will be interesting to see what CA does.

I think this case is a good primer for what we will be fighting. https://mitchellhamline.edu/sex-offense-litigation-policy/wp-content/uploads/sites/61/2020/01/District-Court-Memorandum-Opinion-2021.pdf Here the Court rejected (2nd Circuit) the issue of if the individual mandate constitutes a violation of the anti-commandeering doctrine in the Tenth Amendment. These men sued because PA is making them register under the “new and improved” registry law (amended after Muniz(2017), looks like Michigan took a page from the PA playbook). The men stated that their pre-SORNA convictions (early 90’s) make them exempt. However, the Federal District Court reasons that a state requirement, or lack there of, doesn’t matter. They still have a… Read more »

De fund the registry………lol

Two ways, at least. Keep as much resources from law enforcement as possible, in every way. Make them focus on important work. Make them eliminate paper-pusher big government jobs.

The other way is to help ensure the Registries cost as much as possible. For example, never allow easy “compliance checks”. Never allow them to visit you at your home unless you make them try at least 5 times. That is likely better than just never allowing it (because that is too cheap for them). Cost them resources. In every way possible.

OK,, Have it Your way,,,,!!;-))

The “Reduction” section of Bill Barr’s proposed rule changes is such a cruel joke. 5 years off if you’re Tier 1, which is nearly no one. Tier 2 or 3? No chance. Zero incentive for “good behavior” because we aren’t actually in prison and costing them money. This is a major problem with the registry—since we are not in prison and costing the state a ton of money, they have zero incentive to reduce the durations of registration. Without any incentive not to, we clearly see that the state employs the harshest penalties possible. Is there any way to incentivize… Read more »

@ literally nobody: In fact, the incentives go in the opposite direction with more & more funding going to law enforcement to surveill all the many allegedly “dangerous” registrants.

Meanwhile, while we are constantly being targeted by media bottom feeders and lazy LEOs, there have been multi-victim shootings in Chicago, Minneapolis, Miami, Greenville, Times Square and Colorado Springs just in the last 24 hours. But WE are the scary monsters people need to fear??? Lazy LEOs & U.S. Marshals need to start doing “compliance checks” on crazy gun owners!!

How absent-minded of me! I forgot to mention the multi-victim shootings in both Philadelphia and Phoenix that took place today!
But we are still the monsters?? 😡

Surprised when I contacted the CA DOJ and learned that I was a tier 3. They could give no reason, and local LE was as surprised as I was.
Can I petition the local court for a change in tier, to tier 1? After 17 years Im losing hope.

mch – Is your offense listed the Tier 3 category, or is it listed under any of the other two? If listed under Tier 1 or 2, why would they assign Tier 3 and not give a reason?

mch, what is your offence code?

I was convicted in 1992 US federal court SF, one count of sexual abuse of a minor, my stepdaughter. Sentenced in a plea agreement to 15 months prison, $100 court fine and three years of supervised released, all of which fully completed. Finished my prison sentence in Aug of 1992. In April of 1993 I was informed, because I was a California resident, I needed to enroll on the state sex offender registry. At the time, US courts had no requirement for me to register, supposedly only the state. CA stated it would be a life time requirement. Questions and… Read more »

Under the categorical approach and federal courts of appeal, 18 USC 2243 is Tier II under federal SORNA (USAG says Tier III, but courts have overruled them). Would the CA equivalent be 288(a)?

CA equivalent was determined as 288(c)1, which pretty much equates to being sentenced again under CA law. I had no chance to fight this charge or state may case as to its fairness.

CA can go above and beyond SORNA. CA is doing so based on difference in age.

If the stepdaughter was 13 or older, it is Tier II under SORNA. If less than 13 it is Tier III under SORNA. Under 18 USC 2243 they must prove a 4 year age difference to get a conviction, but being 11 years older or 4 years older doesn’t change the Tier.

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