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ACSOL Conference Oct 1, 2022 

 

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General Comments Jan 2022

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For those of you in Texas, a SORNA non-compliant state, I would not worry too much during 2022 @ SORNA. I put together a spreadsheet of the TX law, the Dept of Public Safety (DPS) form where the law allows DPS to ask for more information than the law, SORNA law and the DOJ rules where the SORNA law allows the DOJ to require more information than the law, to determine what changes for TX registrants.

Even if you are notified of additional rules and even if it is determined SORNA and the DOJ rules can apply, which SORNA can’t penalize you for not following if you have a state conviction and don’t leave the state or step foot on a reservation, until the legislature meets again which is not until Jan ’23, the most DPS can do during 2022 is to change the registration form to ask for additional information at your next registration. TX law allows DPS to adopt rules to implement the law, not interpret or expand the law, and allows DPS to ask for whatever other information they want on the registration form that is not required by law. TX already asks for far more than SORNA.

Barring any TX legislative changes, the most DPS can do if implementing SORNA is ask for more information on the registration form and the only new SORNA information that is not already given in TX is: a) info @ owned or operated airplane and watercraft and where you habitually keep those and habitually keep your land vehicles, b) your passport info, and c) non-social internet ids IF you communicate or post using those ids (you already must report social internet ids and all emails and all phone numbers) – just don’t send a message or communicate using those non-social ids so as to not report, example, don’t send a message or communicate to/with your bank through your internet id, just pick up the phone or send an email instead since you already report those and you must communicate or post with your internet id to be required to give.

DPS can ask on the registration form for the temp lodging info, but I doubt they will as that makes no sense to report temp lodging that happened months ago in the past.

I am only guessing, but if traveling internationally, I think you will have to comply with the SORNA DOJ international travel info which is more specific and more extensive vs the IML.

I believe the DPS form in two areas of asked info violates federal HIPPA law and believe TX law already violates the constitution regarding both the collection and dissemination to companies of the internet ids. During 2022, DPS can not change how often you report in person, how often you report a change in between in person registration and how many days before or after a change you must report. So for those in TX, don’t worry in 2022 about SORNA. And if the legislature makes no changes in 2023, well then you still don’t need to worry about the SORNA changes.

Not to sound like a broken record, but can someone PLEASE explain why the “freightening and high” lie has not been debunked yet? It is so easy to prove with all the studies done. It’s like if they are telling us 4+4 is 6, and people believe it. Yet, it is so easy to prove that 4+4 is 8. What seems to be the problem? The whole registry scheme is based on this one idea that was proven to be incorrect and absolutely ridiculous. How can they get away with this 20 years after the fact?

Since it’s my day of venting, I have one other thing to add. The court that ruled that the registry is not punishment can really not be certain as they are not living on the registry. Just like I can’t tell someone that they are not in pain just because I am not in pain. Only those who experience the pain (registry) and are directly impacted should really be the judge about whether it is punishment or not. Nobody else knows because they are not in their shoes. With 100,000s of registrants and family members just in California, we need to submit a survey to show that it is punishment. An outsider, like a judge, does not and can not know the impact and the pain it causes all of us.

Could someone please tell me what I have wrong here?

parsing from California Penal code Sec. 12 – 290.5:

….The district attorney in the county where the petition is filed may, within 60 days of receipt of the report from … the registering law enforcement agency …. request a hearing on the petition. …. if no hearing is requested, the petition for termination shall be granted….

I filed my petition on September 10, 2021. The law enforcement agency (sheriff’s department) responded to the court and the district attorney’s office on September 23, 2021. By any calendar reading, it has been well over 60 days, and the district attorney’s office has not requested a hearing. Therefore, my petition “shall be granted”, right?

Who do I go see?

How can we get a survey started on this site? Moderators? Any suggestions? We have enough people to chime in. It can be a 10 question survey, completely anonymous, but it will collect data of registrants and their family members about how their lives are impacted being on the registry and/ or Megans Law. It can cover anything from harassment, compliance checks, hardships due to difficulty finding housing and/ or employment, missing school functions due to presence restrictions, not being able to go on vacations due to other States’ registration laws, etc. The same survey should be done on other sites like W.A.R, NARSOL and any other organizations wanting to voice that the registry is nothing but punishment. We are in this boat, the judges and Courts deeming it non-punitive are not and should not be the deciding factor. Only real life stories can offer a glimpse into how punitive this is.

So any word on how 17b and 1203.4 affect the tier system?

I had a 288.2(A)(1) 7 years ago. It’s a wobbler but I got the felony version. I got 17b and 1203.4 in 2019.

I submitted the Firearm Eligibility Check request to the California DOJ soon after and came back clean, so I purchased several firearms and got back into my hobby.

I’ve just recently learned I’m in Tier 3.

Here’s the inconsistency; with reduction and dismissal I can legally answer ‘No’ when asked if I’ve ever been convicted of anything. The form 4473 you need to fill out when buying firearms asks if you’ve ever been convicted of a felony or anything that would disallow you from owning firearms. I’ve answered no. I just recently bought another one and passed the background.

The misdemeanor version of 288.2(A)(1) isn’t even registerable.

So… I can say I’ve never been convicted of anything, can own firearms, am Tier 3. Doesn’t make sense.

I should be glad they haven’t fixed the ‘loophole’ of allowing RC’s to own guns.

Prosecutors have drawn the ire here in this forum forever. Here’s a Op-Ed that echoes that ire by the Criminal Defense Attys Assn (topic irrelevant to the concept):
Truck driver sentenced to 110 years shows hazards of prosecutors manipulating trial system

Just came on here to vent. My husband never touched anyone, conviction was 288.4 (b) in his early 20s but got his case dismissed under the 1203.4. Here we are 15 years later and we’ve been harassed by people on and off over the years because he’s still on the list. One of his ex girlfriends who he met shortly after he was convicted decided to contact him recently via mail (since he’s so easy to find). They had not had contact in about 13 years and he talked on and off over the years about what a nightmare she was. I thought he was exaggerating. I read her letters and I as his wife told him to not respond. She knew he was married and she was writing things to him that were very sexually explicit in nature. “You don’t understand. This b**ch is crazy manipulative.” Whatever. How much worse can this be then the things we’ve already encountered?

Oh how wrong I was in my assumptions. The last 3 months have been an absolute nightmare. She has been throwing an absolute hissy fit all over social media and posting his mugshot and our address all over the internet. We have been under the radar for a long time and have managed to live a semi-decent life and this c-u-next-tuesday has absolutely been OBSESSED with trying to make sure everyone knows about his status. One of his main jobs who he didn’t disclose his record to (he didn’t have to. It’s been dismissed and they didn’t ask) fired him even upon showing them proof his record is clean. I had friends in different neighborhoods send me screenshots she’s posting on our beloved Nextdoor. Friends who didn’t know about his record but we’re gracious enough to listen to our side and came to our defense. She’s also adding extra stuff to her posts like, “HE LIVES WITH KIDS!” they’re his biological kids. Also saying he’s a convicted felon which he’s not anymore, so we’re towing the line on legality here. Oh and you wanna know what the icing on the cake is? The age difference between my husband and his alleged victim was 6 years… The age gap between my husband and his crazy ex girlfriend?? She is 20 years his senior!!! Who was the real predator here?!?

I’m fed up with her and fed up with this stupid freaking list.
He also WASN’T on ML at one point, but they put him on there when they changed the stipulation in the dismissal (I don’t know if that’s the proper way to say it. English is not my first language.)

I’ve seen more than a handful of people on here with dismissals that are still required to be on the website. How can we all come together and fight this thing?

What are the stats on the former charge here (which does result in registry participation BTW)? A first time offender in a position of trust…of a horse…
Aiken County man pleads guilty to sexually assaulting horse, distributing child pornography

For those who watch SCOTUS opinions, here’s one for ensuring due process: Court bolsters defendant’s right to cross-examine witnesses

The Atlanta Journal Constitution: Case backlog in Georgia sex offender oversight agency undermines safety.

https://www.ajc.com/news/crime/sex-offender-system-backlog-undermines-safety/VXXFWCDGBZHWDFIIXWYSQPLK2M/

(No icon available to link URL.)

So, if this oversight agency we’re using actual research findings, they could easily exclude most if not all of those whose offense occurred 20 plus years ago.
Why don’t these government agencies, boards and commissions simply do this and cite the research to provide their cowardly a##es with political cover (if needed to appease the pitchfork and torches rabble)???? 🤷🏻‍♂️

Finished suit.
Here is a link to my finished suit for CA. I am going to clean it up a bit and the get rest of the paperwork completed then file soon.

I need CA case law if anyone can help. Be nice if I could get ACSOL on board with this one this time, but if not oh well. Thanks…..

Such a shame. 😢😩

Austin, TX has shifted offer cers from sex offender harassment and abuse to regular patrol units. 😟

https://www.kxan.com/news/local/austin/officers-moved-from-apd-sex-offender-unit-to-assist-patrol/

“So when we do have a sex offender who comes into the office and updating the registry or moved, we really only know what they’re doing when they’re sitting right in front of us,” she said.

Austin, TX: Officers moved from APD sex offender unit to assist patrol

https://www.kxan.com/news/local/austin/officers-moved-from-apd-sex-offender-unit-to-assist-patrol/

“So when we do have a sex offender who comes into the office and updating the registry or moved, we really only know what they’re doing when they’re sitting right in front of us,” she said.”
Did she just say the registry is or pointless for keeping the public safe?? 🤔

Police out of control in a small Alabama town and the town leaders condone and encourage because 49% of the town’s budget now come from police traffic fines. Even other law enforcement and government people say the police are out of control in this small town issuing tickets on fake laws and illegally holding people in jail.

https://www.al.com/news/2022/01/police-in-this-tiny-alabama-town-suck-drivers-into-legal-black-hole.html?utm_source=pocket-newtab

Janice help me out on this a bit 0k. What is a Constitution? Basic definition.. Its a body of functional principals. That principal can be as vague or it could be of benefit. Such as It is a principal that people don’t’ have out houses because of today’s modern day plumbing or the principal to pervert justice to prevent for safety purposes. Their is a conflict somewhere than. Now if you all want to figure all this out in a Computer age that someones’ being over abused in the halls of justice.

Thanks to OUR MODERATOR and Comp Guru for adding color photos this year !!! R
AND more eye catching colors too!

The funds are a no-strings-attached giveaway of taxpayer dollars to police departments. My local PD has not verified my address – by making an in-person visit to my home – for a few years now. (When they did show up in the past, I was certain to give them a hard time.) Yet I have no doubt they are documenting my home address as “confirmed” on their records and are keeping all the Compliance Verification funds they receive.
It’s an unbelievable scam on the general public and the taxpayers. 😡

How long can I visit CA and avoid having to register in CA? Thank you.

I am considering a short vacation out west and the northwest. I will adjust my potential travel plans to do what is necessary to keep from having to register anywhere outside my home state.

There is no due process when raising a persons tier level, there should be only the Judge can increase punishment; Not some administrator unelect4efd official.

Good news. A judge will not run for re-election.

A month or two ago I put a link here to a NPR/Pro Publica investigative story where a judge in TN directed the local police to arrest children as young as 6 years old for both bogus and real charges every time the police were called. She was having the vast majority of kids arrested while the state average was far less than 10%. She then locked up the kids 48% of the time when the state average was less than 10%. She locked up a very high percentage of black children and in some instances, for laws that did not exist.

The mainstream media got a hold of the NPR/Pro Publica investigative story and then the TN governor and some TN legislative members stated the judge needs to be impeached. Some national Democratic congress members requested an investigation by the DOJ.

The judge still refuses to resign, but stated she will not run for re-election again when her current term expires.

The judge had previously stated she was an Evangelical Christian and it was her duty to arrest and put these children in jail to teach them the difference between right and wrong. …Only in America, the land of the free…and it appears to me the hypocrisy is more prevalent in the Bible Belt as evidenced by the Bible belt having some of the harshest sex offender statutes and regulations.

Just Wondering. . . Effective January 1, 2021; Calif SB384 SO registration designation started. On that following Monday, I was designated as TBD per my local registering law enforcement agency. This year, as of 1/3/2022 and today, I am still designated as TBD. Per DOJ’s own letter, https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf , will make the determination within 24months from 1/1/21. Even though this was signed by then Governor Brown in 2017 for approval, we still have to wait to be designated by the DOJ. Why are they so slow in this matter? I am aware that some people have petition for 290 registration removal that were listed as TBD and has been successfully granted and approved in certain Counties / Jurisdictions. My county is following The CR-415-INFO guide to the letter (#2: “You may be eligible to petition if. . . your tier assignment has been determined by DOJ“). Anyone having success as TBD in San Bernardino County with petition removal? Thanks

People beware…..I do not know why this was not posted when I posted it, maybe it was on another thread. Please post this link though, people need to know this.
For the third time this month, a sex offender is apparently murdered in prison

Weird question: Has anyone here with an offense against a real or virtual teenager considered suing the state government (I think federal is exempt) for defamation if their charges ever included the word “child?” While many of us naively accept that “child” and “minor” are synonymous, there is no dictionary definition for “child” I’m aware of that includes post-pubescent adolescents. The word child is added to these offense definitions, I believe, as a cudgel, and I believe this fits Michigan’s defamation statute: “Defamation in Michigan is defined as causing harm to a person or business’ reputation by words communicated to a third party that are meant to degrade, humiliate, incite hatred or contempt toward a person or business.” While there appears to be a 1 year statute of limitations in Michigan, I feel that is likely not applicable when our criminal histories are still public. I feel that a state has to reasonably make an attempt to use words in good faith when making accusations of criminal wrongdoing, and slapping “child abuse” on any offense involving a minor needs to be stopped by courts.

I just did a who’s tracking who
Narsol has a google tracker attached to them, Fac is clear and so is War and Ascol,
my blockers stopped it but I thought people would like to know,,,,, MOD,,,,delete if it doesn’t pass scrutiny,

So tell me one thing everyone on here who is doing evil and who is doing wicked on the wrongdoer? Is it the operator that is in control the one enticing the victim by some type of engaging in these sexual pretend ordeal of playing the teenager, or is it the victim induced (persuading or influencing someone) by the operator of this scheme in many of these trappings. Wouldn’t that not be illegal inducing by a computer? Guess Carnal Knowledge for dummies seems to be proof read away

I would guess protecting and serving has its illegal advantages than but thru a computer. Talk about a unjust dating service or an adult site chat room. No wonder women are against abortion. Talk about controversial and divisive issues..

Justice Breyer on SCOTUS is planning to retire at the end of the current term.

The truth will set you free. Oh that’s to biblical for this forum. Well free speech does have its rewards. Who owns the internet.. humanity itself… or was the internet conceived in some think tank with some database attached. Being duped by some sexual ordeal seems to be the norm of saving someone by these bi carious methods. One doesn’t know who they are talking to thru an internet device let alone what they want to communicate or how they wiggle into this duping method of seduction of attract. Man’s caught off guard or are we not suppose to try the spirit.

Something sexual to arouse another does seem a bit out of character and a bit overrated in all this protect and serve type ordeal and easy pickings when push comes to shove. Governments will instill on another these ordeals as it is a vainglory thing for them and more of a merit to raise their alter- ego when they are just as evil in many of these vain ordeals.So who has the guilt complex or the shame more.

So just returned from 6 day vacation in a different state. Saw what their rules were and did not need to register. I had no feds waiting for me at the airport. FYI

In the event you are interested as I was..
SCOTUS Justice Steven Breyer and Smith v. Doe:
“Justice Ruth Bader Ginsburg, joined by Justice Stephen G. Breyer, dissented, arguing that the act was “ambiguous in intent and punitive in effect” and that its retroactive application was incompatible with the Ex Post Facto Clause.*”

*from Oyez.org.

Jan. 26—POCAHONTAS, Va. — A convicted sex offender who was attacked at a correctional center in Tazewell County died Monday at a Roanoke, Va. hospital, a representative of the Virginia Department of Corrections confirmed Tuesday.

https://www.yahoo.com/news/driver-fatal-fresno-county-hit-130000203.html

I know this is off subject; I guess I still just have a sour taste for getting the max allowable for my deal. But how in the hell does this girl hit and run while under the influence, failed to render aid resulting in a death, but max sentence is 3 years, and only gets 1 year, if that. I guess I should’ve changed lawyers.

Reading all this texting intent of confusion on here makes one ashamed of the justice system for sex offenders or any offender. Guess Johnny Cash shot a man in Reno just to watch him die or you cussed out your teachers to understand your rights. So where is Justice today or who’s afraid of the big bad wolf in this rate a record wolf man justice. Hope everyone is still thinking of DC in 23. If one didn’t have justice where would one be today.

CNN Headline today: “Trump teases a presidential run and dangles pardons for January 6 rioters…” 🤔
I know how he can be assured of 1 million plus votes (but he’ll need to include the elimination of all Registries.) 👍🏻
He can just say “it’s about American freedom”.

So messed up…read on.
Myrtle Beach lawsuit may leave would-be good Samaritans to think twice about helping those in need “…there has to be a better way to fight crime without unnecessarily creating more criminals.”

https://www.washingtonexaminer.com/policy/education/judge-rules-teenager-who-committed-loudoun-sexual-assaults-wont-have-to-register-as-sex-offender

Two predatory attacks as a juvenile, a repeat offender, no registration.

I am against registration these stories are the ones that are going to hurt our cause to end it entirely because the public will use them to categorize all of us like this.

When I suggested sending letters to ALI, it was not to admonish
or demean them in any way. On the contrary, I suggested how the registry has negatively affected registrants and our families. Doesn’t matter the reason the rescheduled. Take the opportunity to speak up, nothing in anger. Okay. Let’s all sit back, rant to each other here, and act like loyalist to king George during the revolutionary war. You’re absolutely correct. Do nothing, say nothing. It will all work itself out. How about speaking up giving them some ammunition for the fight. Come along side them, not against.

Got my 1203.4 approved today, I know it doesn’t do much for the registry. I’m going to send a letter to the sheriffs department to remove my mugshot under AB 1475. anyone tried this yet?

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