Month: December 2021

Utah Action Alert: Support Senate Bill 52 to lessen restrictions on sex offenders

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Source: ksl.com 12/30/21 SALT LAKE CITY — A bill that could come up in the 2022 legislative session would change restrictions for sex offenders. The bill is sponsored by Utah state Sen. Mike Kennedy, R-Alpine. The bill that could come up in next month’s legislative session would amend the state’s sex offender registry. Senate Bill 0052 would allow registered sex offenders to go to places like schools and parks, if they are with an adult. Also, if passed, the bill would replace the term “sex offender” with “registrant.” Read the…

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PA: Another Blow to SORNA I with Failure to Register Conviction Relief

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Source: parsol.org 12/28/21 December 22, 2021 has seen the release of many case opinions from the PA Supreme Court (SCOPA) with Commonwealth v. David Santana being the biggest win for our advocacy efforts. In a 5-2 decision, SCOPA affirmed the Superior Court’s opinion that “Mr. Santana’s registration requirement under SORNA was an after-the-fact punishment, and therefore unconstitutional. Accordingly, he had no duty to comply with those requirements and his conviction for ignoring them, under 18 Pa.C.S.A. § 4915.1(a)(3) [failure to provide accurate information], was a manifest injustice and must be…

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The Collateral Consequences of Exoneration

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Source: thecrimereport.org 12/23/21 The holiday season is often a time for family gatherings, and while many will be preparing for reunions in the coming days, it is important to remember the roadblocks returning citizens face. For instance, background checks cause thousands of potential collateral consequences that can impact things like housing or employment. As my story explains, these consequences can even inappropriately spill over to a family reunification. On May 27, 1994, I lost my freedom. I was sent to prison for a crime I did not commit.. Everything I…

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Antigua: Sex offense registry to be established

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Source: antiguaobserver.com 12/27/21 Attorney General Steadroy Benjamin says residents will soon be alerted when a sex offender moves into their neighborhood by the creation of a sex offenders registry. … Now, the AG says that once convicted, the names of all sexual offenders will be placed on a public registry from early next year. Read the full article  

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MI: Former Detroit City Council president just before prison release: ‘What I did was wrong’

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Source: freep.com 12/24/21 Clouds hovered overhead on the morning Charles Pugh, 50, took his first steps to freedom outside the doors of the Bellamy Creek Correctional Facility into the brisk December air. Pugh was met by his friends and family who were waiting to pick him up in Ionia from the place where he had spent the last 5½ years following his 2016 convictions on two felony counts of third-degree criminal sexual conduct with a child under 16. “What I did was wrong,” Pugh admitted to the Detroit Free Press…

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Transparency Laws Let Criminal Records Become Commodities

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Source: wired.com 12/23/21 For millions of people, details from an arrest—even a mistaken one—live on after being sold to data brokers. And the state profits. In April 2018, Adnan (a pseudonym) was wrongfully arrested in Newark, New Jersey, on the basis of an incorrect arrest warrant. A brief period in jail led to the criminal court judge dismissing the incident and moving to have Adnan’s arrest record expunged. A few days later, Adnan began receiving mysterious text messages from several “reputation management” companies that promised to help him get his…

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SC: Lawsuit: SC man says he still has to register as sex offender for having sex with another man

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Source: live5news.com 12/22/21 CHARLESTON, S.C. (WCSC) – A South Carolina man is suing Attorney General Alan Wilson and SLED Chief Mark Keel, claiming that he still has to register as a sex offender for a buggery charge in which he says he was convicted, and later pardoned, for having consensual sex with another man. The man, identified as “John Doe” in the lawsuit, says he was convicted for the charge in 2001, two years before the Supreme Court ruled that laws that criminalized homosexual sex violated due process and are…

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ACSOL President Honored in Wall Street Journal

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Source: ACSOL ACSOL President Chance Oberstein was recently honored in the Wall Street Journal after being selected as a recipient of the Albert Nelson Marquis Lifetime Achievement Award.  This award is provided to individuals based upon their career longevity, philanthropic endeavors and lasting contributions.   “We congratulate Chance Oberstein for this well deserved recognition,” stated ACSOL Executive Director Janice Bellucci.  “ACSOL is indeed fortunate to have Chance serve as president of the board of directors for more than five years.” During Mr. Oberstein’s tenure as president, ACSOL has successfully challenged residency…

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CO: Colorado board reverses controversial change to “sex offender” label

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Source: denverpost.com 12/20/21 Under pressure from the governor and the state’s public safety director, Colorado’s Sex Offender Management Board has reversed its controversial November decision to scrap the term “sex offenders” in its own guiding principles in favor of “adults who commit sexual offenses.” The board, commonly referred to as the SOMB, voted 16-2 on Dec. 17 to “table” the language-change matter and refer it back to a subcommittee. It’s possible the board votes again to change terminology in the future, but the tabling means it’s not likely to happen…

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Federal Circuit Court Affirms Below Guideline Sentence

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Source: ACSOL The U.S. Court of Appeals for the Eighth Circuit affirmed today a below guideline sentence issued to a registrant by a federal trial court.  The registrant pled guilty to one charge — attempted coercion or enticement of a minor — and could have been sentenced to prison for up to 57 months.  Instead, the trial court sentenced the registrant to time served (two months) as well as 120 months of supervised release, one year of home confinement, participation in a sex offender treatment program and registration as a…

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ACSOL January 15, 2022 Meeting

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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 monthly Zoom meeting.  The meeting will be held on Saturday, January 15, 2022, beginning at 10 a.m. Pacific Time and will last at least two hours. There is no registration needed for this meeting. You can use the Zoom app to see Janice and Chance and choose to show or hide yourself, or you can use the Zoom phone number to call in to the…

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GA: Georgia sex offenders take fight over ‘no-trick-or-treat’ warning signs to 11th Circuit

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Source: courthousenews.com 12/18/2021 A group of registered sex offenders have asked the appeals court to overturn a federal judge’s ruling in favor of a sheriff’s office that posted signs telling trick-or-treaters to keep away from the offenders’ homes on Halloween. ATLANTA (CN) — A class of registered sex offenders asked an 11th Circuit panel Friday to overturn a federal judge’s ruling allowing Georgia sheriff’s deputies to put warning signs on their lawns before Halloween. The Butts County Sheriff’s Office has argued in legal briefs that it was merely trying to…

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NC: Flat Rock Middle employee arrested, terminated on charges of having registered sex offender husband on campus

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Source: blueridgenow.com 12/17/21 A Flat Rock Middle School employee has been terminated after her arrest by the Henderson County Sheriff’s Office on charges of having a registered sex offender on campus, according to police. The Sheriff’s Office was notified Dec. 16 that Maria ____ is married to a registered sex offender, Jeffery _____, and that he had been seen in a vehicle on the school campus, according to a HCSO news release. It is illegal for a registered sex offender to be on school property at any time. Jeffery is…

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CA: Incarcerated individuals secure state job offers before leaving prison

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Source: cdcr.ca.gov 12/13/21 Nearly two dozen incarcerated individuals received conditional job offers during a recent hiring event at California State Prison, Solano. The civil service workshop and hiring event for incarcerated individuals was held November 17. Twenty-three individuals received conditional job offers for employment from the California Department of Transportation (Caltrans) before returning to their communities. “This hiring event is successful thanks to multiple state agencies coming together to improve the lives of others,” said CALPIA Acting General Manager Bill Davidson. “CALPIA thrives through partnerships, and it is rewarding to…

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FL: Sex offender registry laws don’t work. Here’s what might.

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Source: tampabay.com 12/16/21 The uncomfortable truth? Those who commit sexual offenses are usually not strangers. There are roughly half a million sexual assault incidents in the United States every year — and more than 11,000 in Florida alone. These numbers are troubling. So it’s no surprise that people search the sex offender registration website to make sure that no one convicted of a sexual offense lives near them or more worrisome, their children’s school, day care or neighborhood park. The premise is simple: to make people feel safer in their…

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San Francisco Court Grants Registrant’s Petition

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Source: ACSOL San Francisco Superior Court today granted a petition filed on behalf of a registrant who was assigned to Tier 1.  Local law enforcement determined that the registrant was eligible to petition and the District Attorney did not object to the petition.  The registrant was represented in court by ACSOL Executive Director Janice Bellucci. “Another person has escaped the bondage of the registry,” stated Bellucci.  “We must continue to file petitions in order to maximize the number of people who are released from the registry.’ After a court grants…

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FL: Ocala man torches neighbor’s home because of rumor victim was a pedophile, police say

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Source: clickorlando.com 12/14/21 OCALA, Fla. – Ocala police arrested a man Monday who they believe started a fire that damaged a mobile home in early December. Kenneth Bryant, 42, was arrested at Wagon Wheel Mobile Home Park. According to the arrest report, Bryant told police he couldn’t remember the incident because he was too intoxicated but said he was not fond of the victim because of rumors that the man was a child molester. Police said they responded to an arson call at the same mobile home park in the…

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Federal SORNA Regulations Litigation Fund Now Has Matching Grant Program

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UPDATE FROM JANICE 12/15/21: We made it! During the past 6 hours, we crossed the finish line and will be able to fully match the $15,000 grant. That means ACSOL has raised at least $30,000 to challenge the new SORNA regulations. Sincere thanks to everyone who donated $5 to $500! Your donation made a difference and so will our litigation. Of course we welcome additional donations so we can continue to increase the fight for justice!   The federal government published final SORNA regulations last week that cause great uncertainty…

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