Comments that are not specific to a certain post should go here, for the month of Dec 2022. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.
Related posts
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SORNA Case Advances in Federal Court; PLF Files Motion for Summary Judgment
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PORT ST. LUCIE, Fla. (CBS12) — This week, we have seen an alarming number of child predators arrested....
The oral arguments from the Supreme Court today were very interesting. The case is “303 Creative LLC v. Elenis. The main issue that SCOTUS was considering if denying serving customers based on their religious beliefs was a compelled speech issue. Very interesting case on how each Justice thinks about compelled speech.
https://www.supremecourt.gov/oral_arguments/audio/2022/21-476
Had to go in to change my address. I called the office and was told just bring in proof of address and they will have you sign a form. So I go in, wait 2 1/2 hrs, and then am told I have to fill out a completely new registrant form in order to process this. How damn ridiculous is that! Not only does one get the wrong info from each person they talk to, but the waste of man hrs and material to do a simple task. An addendum would suffice in something like this. The bureaucracy of the registry is what costs so much. I was told I would have my spot saved until I filled out the form. Great! Everything stops until I fill out a 5 page form, get new finger prints on it and have them then verify, copy and return it. Meanwhile 5 or 6 other registrants are waiting even longer ( which they could care less about).
Of course the fact that I then have to return in 2 months to do this all over again for my annual means more time wasted. What is even more moronic is that during the height of Covid, all I did was call them and they said just wait until your annual to change anything.
The total ineptitude of these civil employees is mind blowing. It’s like the city has a reverse hiring process. The dumber and less ability the person has to handle simple tasks, the quicker they are hired.
I do not understand why in CA they are issuing 20 year parole for inmates upon release. I understood that parole was granted for those who made milestones and received time off the original sentence and were allowed due to that good behavior to complete the remainder of the original sentence of (let us say) 12year outside after having served 7 years inside. However, being given a blanket parole of 20 years to get out of incarceration in most cases is more than the offender’s original sentence of 12 years. How is this possible or legal?
Got a letter in the mail to update my photo for the registry. In Wisconsin they run it through probation and parole? How can they do that? I thought the registry should be separate from probation and parole? I got told I need to come in between 9:00 and 3:00 for the photo. I work at that time. I asked her how often do they update this? She told me every two years. I told her last year when I was released on probation, my probation officer took a picture. It was never used so now I need to come in. I told her to go find my probation officer and get the photo from her. I asked her if she’ll do that. She told me no. So next week Monday I guess I’ll have to take off of work? Are they going to pay me my hourly rate for missing work?
Has there been any thought as to producing a legitimate documentary about not so much sex offenses, but the registry itself. I’m sure you could get celebrity registrants and legal experts to interview. Showing the damage done to lives might go a long way in stopping people from committing many of the offenses. Things like CP could be reduced dramatically if the public knew what they were facing. It could almost be like a “ Don’t drink and drive “ campaign.
So I am a “Level 3 Sex Offender” in Arkansas without ever being adjudicated guilty of a sex offense, this is literally STATED on my sentence order. How am I forced to register you ask? Because the Judge inserted an order on the last page. My crime states specifically in the Sex Offender Law that it must be a felony level offense, which is why I wasn’t adjudicated guilty. So Arkansas literally ADMITS I didn’t commit a sex offense.
This is a case of a loop-hole due to me being ignorant of my available reliefs at hand. When I became aware, all my appeals were deemed “untimely”. All the Lawyers in my State will not help me, I’ve contacted the top ones and have made numerous comments on sites lie Avo, with no help. I had an attorney try just to take my money and never contact me again.
Here’s the law with my crime included(keep in mind I have a misdemeanor):
Sex Offender Registration Act of 1997- § 12-12-903. Definitions – (12)(A) “Sex offender” means a person who is adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense -(13)(A)(i)(y) Crime of video voyeurism, § 5-16-101, if a felony level offense
My sentence order correctly reflects that i was not adjudicated guilty of a sex offense. The judge inserted an order that I must register, even though it goes against the law.
The applicability of the Arkansas sex offender law:
Sex Offender Registration Act of 1997
§ 12-12-905. Applicability (a) The registration or registration verification requirements of this subchapter apply to a person who: (1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense;
Any advice on who I should contact would be wonderful. I’m assuming a Federal Attorney, but I have no clue where to start. I feel that I’m going to need one that will work in my State, but is not from my State.
Sorry for such a long message. Thank you very much.
Independent vigilante group complains their internet stings aren’t being prosecuted
I’m here in the leafy burbs of Joburg living the life far better than I’d be living back home in DamErica. I still have to report my whereabouts to my doc sorp handler, which I find amusing because it’s not enforceable. I love to see my sorry former state of Wisconsin and their sorry department of corrections try and send someone here to check up on me. The South African ANC government would have those Wisconsin DOC thugs arrested & jailed on the spot for acting on behalf of a foreign government. But anyways, holiday cheer and peace from the motherland! (except to all the haters)
An interesting news article, including the judges perspective:
MS: Circuit Court Judge facing scrutiny after sentencing sex offender to probation instead of jail
🤔
Was looking at a YouTube referral and since I get the free version I get the ads as well. The ad that came on disturbed me.
It was for a political candidate for some state office in Ca. The ad started with ,” For yrs Ca laws have protected child molesters……” .
what laws is this guy referring to. I don’t know of ANY law currently on the books that protects ANY sex offense.
The man didn’t refer to a single bill, statute or law in the ad. Just throwing wild accusations out in order to get votes by creating hysteria. What a sad way to get attention.
Colorado has no mandatory training on how to investigate school sexting. Educators face prison time if they do it wrong.
In one case, an Eastern Colorado principal faces 12 years in prison
. Pretty good article that shows how lawmakers are struggling with how technology moves as well as lack of training school employees receive.
=== Kelly, 1203.4, and the CA Constitution ===
1203.4 benefits and immunities
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Institutional Degradation of 1203.4 to Registrant Class
==========================================
I think Kelly v Municipal is the key for the legal malfeasance of rendering 1203.4 useless to only the registrant class. PC 1203.4 had continually been degraded and still is being degraded.
PC 290.007, passed in 2007, negated 1203.4 registrants from de-registering and instead added another road block with additional years to petition for off the registry via Certificate of Rehabilitation. Yet, acquiring it did not publicly show your info on Megan’s list. Why? Your accusation/info was dismissed. But it is as if the registry only recognized part of the dismissal for ML and kept one on the registry. These are the first pieces of evidence where “a contractual obligation is impaired”.
SB-384 was passed and 1203.4 isn’t necessary to get off the registry. Also, some registrants accusation/info is now being publicly shown despite earning the 1203.4. Now, 1203.4 is completely ignored under the registry scheme.
PC 1203.425 is an automatic expungement process administered by state. The whole registrant class is excluded despite a subclass of registrants who do qualify for 1203.4. Remember, 1203.4 has exclusions, including sex crime exclusions, and offers this path to low level offenders. PC 1203.425 is an extension of 1203.4, obviously, to not only save defendants time, but also the monies for in-person petitioning. Using a Venn diagram, one questions how registrants who qualify for 1203.4 get removed from the overlap and a new group (straight felonies or those who failed to successfully complete probation) now qualify for all of 1203.4 benefits and immunities?
This degradation of 1203.4 benefits and immunities is only possible when the state does not extend all the state case laws and state constitutional laws. In doing so, there exists institutionalized discrimination against the 1203.4 registration class. PC 290.007 specifically states, “ regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4,”
=======================
Kelly’s Three Identified Points
=======================
Kelly v Municipal, 1958 identified three key points.
… 1) Identified the conflict between 1203.4 and 290 statutes; proved 290 special statute cannot prevail over 1203.4 general statute. <— This is the key.
… 2) 290 registry recognizes two types of conviction:
………. i) After judgement
………. ii) During the suspension of imposition or execution of sentence (see Pen. Code, § 1203.1), in relation to the probationer. Section 1203.4, because it deals with the probationer, has reference to his status as a convicted person during the period of suspension of imposition or execution of sentence.
… 3) The registry is punishment, “Section 290 added a life sentence of compulsory police registration [160 Cal. App. 2d 45] and reregistration. That, clearly, is the imposition of a criminal penalty in the strictest and narrowest sense of that term.”
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Registry changed from punitive scheme to regulatory scheme
===============================================
As time passed, the registry’s nomenclature changed from criminal to regulatory around the 2000’s. This change in the registry renders “the registry is punishment” point in Kelly no longer applicable. Yet, the other two points in Kelly remain valid. A person in the probationary program is identified as a convict only during the probationary term and no longer a convict if the probationer successfully completes probation.
Why is that important? The right to privacy, a right to pursue and obtain privacy, protects that contractual obligation granted by 1203.4. By no longer being identified as a convict, the defendant has regained good reputation. The right to reputation was upheld in Melvin v Reid, 1931, but it was not explicitly in state law. In 1972, the right to privacy was explicitly added to the CA Constitution, of which Melvin v Reid falls directly into because Melvin addressed how an entity was defaming the defendant due to the person’s past and the defendant has clearly changed their ways since.
The problem is no one extended the right to privacy to the 1203.4 registrant class when the registry changed from a criminal scheme to a regulatory scheme. A 1203.4 registrant is legally not convicted of a sex crime and is considered rehabilitated. And the accusation/info against the defendant of the sex crime is dismissed, stating it does not exist for use of dissemination.
We have confusion with 1203.4 and 290 such that how can person who can state they were never convicted of a sex crime be on the registry and have that dismissed accusation shared. There is more confusion when 290 evolved to SB384 and those 1203.4 registrants whose info was not shared via Megan’s List is now being shared publicly via Megan’s List under SB384. And because 1203.4 has become rendered useless to registrants under the regulatory scheme, it permitted laws to exclude the 1203.4 registrant class from 1203.425 while including a new group which does not qualify for 1203.4. This exclusion is a violation of CA Const. Art 1, subsection b of Sec 7.
This confusion and degradation of laws can easily be remedied by upholding and extending state laws to the 1203.4 registrant class. Kelly clearly identified 290 cannot prevail over 1203.4 general statute, so why are not able to re-emphasize this ruling? Clearly, 290.007 and SB384 overstepped their legalities due to the contractual obligations of 1203.4, which is protected under CA Const. Art 1, Sec 9.
===============================================
No Conviction, recognized and not recognize by the Registry
===============================================
If a person was convicted of a sex crime and upon appeal the conviction was dismissed, then that person is no longer part of the registry scheme.
If a person was convicted of a sex crime and was dismissed under 1203.4, then that person remains on the registry.
This continuance to register after earning a case dismissal pursuant to 1203.4 occurs when 290.007 was passed in 2007. The new threshold to get “pursue and obtain” relief from the registry to regain privacy and reputation was to wait 10 years to apply for the CoR, provided one qualifies for relief.
must emphasize —> We have a problem here. 290.007 implicitly recognized that 1203.4 was a legal venue to “pursue and obtain” relief from the registry to regain privacy and reputation. It implicitly recognized it by explicitly identifying the new legal venue to “pursue and obtain” relief from the registry to regain privacy and reputation via the Certificate of Rehabilitation. <— must emphasize!
In 1972, the CA constitution was amended to explicitly add “right to privacy”. CA Const. Art 1, Sec 1: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
A CA citizen can “pursue and obtain privacy”, which is explicitly protected since its amendment into the state constitution in 1972. It is apparent the CA Constitution is not extended to the registrant class on many levels (CA Const Art 1, Sec 1, Sec 7(b), and Sec 9). Which brings us back to Kelly, which specifically identified that special statute 290 cannot prevail over general statute 1203.4 and that 290 recognizes two types of conviction, after judgement and during suspension (probation).
============
Conclusion
============
I want to reiterate that Kelly removed the duty to register through the legal venue provided by 1203.4. It did so by clarifying the laws such that they do not conflict with one another to create confusion: 1) 290 cannot prevail over 1203.4 and 2) a probationer is a convict during the term and until successful completion of probation.
In 1972, the right to privacy was amended into the CA constitution, which gives its citizens the right to “pursue and obtain privacy”. That privacy includes the right to reputation under Melvin (1931). The right to privacy bolsters 1203.4’s legal pathway for the right to “say one has not be convicted” and dismiss the accusation/info from public dissemination.
Although the registry changed from a criminal agency to a regulatory agency and rendered one part of 1203.4 not applicable, 1203.4 still possesses two parts that are applicable and cannot be denied via “right to privacy” and being a legal process to “pursue and obtain” privacy and reputation. 290.007 implicitly recognized 1203.4 being a legal venue to “pursue and obtain” privacy and reputation by explicitly denying 1203.4 and using the Certificate of Rehabilitation as the new venue to “pursue and obtain” privacy and reputation.
California laws are not being extended equally to the 1203.4 registrant class. The contractual obligations of immunities and benefits earned pursuant to 1203.4 with the registrant class alone have been overridden with other laws, proving institutional discrimination against the 1203.4 registrant class.
Equal justice and equal laws makes for an equal society. The omission and segregation of the 1203.4 registrant class from protected laws is proof there is no equal justice nor equal laws.
Supported by lawmakers, opposed by reformers, youth sex offense registries have a long history
well written article that talks about the failed aspects of the registry
So that is what its called perverse behavior and thats what people get for reading the news. Guess the highter up one gets the more perverse one can get. Talk about an attitude problem. And Will Allen don’t get me into one of those cults I never voted for a moonie in my life. In fact if its for unification and peace one wonders who’s naked today.
Guess no news is good news. Never could understand the difference between a decision and a choice. Guess we all have problems.
This week I received an early morning call from a Sergeant Rogriguez at the local Sheriff’s Office. He said that all registered sex offenders had received a letter in August regarding a “secondary DNA sample” and that I had agreed to submit the secondary sample but missed my appointment. None of this sounded very credible to me and I told him so. He said that if I hung up on him, he would mark me as out of compliance and they would pick me up later in the day. I hung up. Immediately he called back and left a voice mail saying that he was part of the special victims task force and that they would be coming to pick me up soon. Imagine my surprise when the week passed and I still have not been picked up. I pass this along to alert others of this scam.
I’ve often wondered how us single males could protect ourselves from false sex crime accusations (if we even could).
A few years back I searched for sex consent forms on the internet and couldn’t find what I wanted so I created my own. in the years since, I have not needed to use one and also have not needed to present one as evidence.
Today, I searched again typing in sex consent form. Wow, there’s now many many available such as this one which goes into quite specifics.
I kinda think it would ruin the atmosphere a bit though.
Just a thought. If roughly 10% of k-12 students are sexually assaulted by a teacher during their time in school and only 3.5% of registered sex offenders sexually reoffend; would it not make more sense to have a registry of teachers; shouldn’t teachers have their passports marked, doesn’t it make more sense that children are statistically in more danger at school than living near a register sex offender, can no one do the math on this. The Adam Walsh act is named after the son of John Walsh who by current standards and according to the very act itself should be on the sex offender registry for having sex with a minor while he was in his early 20’s. How many on here have had their lives ruined for the very same crime? The people of this country are hypocrites, stooges, and love to point fingers at everyone else, we are all sinners, desperately wicked and in need of help to overcome our life’s most egregious mistakes. Everyone needs to wake up before it’s too late. Just my thoughts, please don’t take offence.
Does anyone on here know if those of us forced to register will have any issues using VRBO in our own name?
Is it possible to change where I go register? I’ve been going to my local PD but it’s always a problem getting in touch with them to make an appointment. As of today I still haven’t been able to get in touch with anyone and the time is approaching.
Can I go to the county sheriff office instead? Not that I know they’d be better but at least it’s different.
Thanks.
Not to get into politics or the Griner Bout Prisoner exchange, but it was interesting to hear the negotiator who was responsible to make this happen answer the question of whether he thought the person that was exchanged for Griner was a fair exchange, given the charges he went to prison for. His response was that Bout no longer posed a threat to the US. How was that determined? Some of us here have been on the registry a lot longer than Bout was in prison for, and they have not re-offended. So, why are those people still deemed a threat? He further went on to say that it means something to hold a blue passport. Really?
Just received our first scam call from Sgt. _____ (badge # ____) and Capt. ___\, claiming to be with the Riverside County Sheriff’s Department. They called from 909-675-____. Please be careful!
A few topics… Follow for more content!!
https://youtu.be/B6tA2Rn-Cr0
So the Lockerbie Pan Am bomber guy who is in the news now. News report says the US Government isn’t going to pursue the death penalty for him because that punishment didn’t exist for that crime at the time he committed it.
So why did I suddenly get added with full info on the website this year when at the time of my conviction the penalty was registration but not listed at all?
Does an international terrorist who killed 250+ people get more consideration than we do?
What the f*k?
Ex-CNN producer pleads guilty to child sex charge in deal
Another one that the registry failed at. And I wonder if the mother is going to be charged seeing that she provided the child to him?
A little story about how PFRs are still human beings…I recently became Facebook friends (I don’t use my real name there) with Marc Rizzo, former guitarist of the metal band Soulfly and Cavalera Conspiracy, now touring with his old band Ill Nino and his side project Revenge Beast. He messaged me on FB Messenger to tell me when he’ll be back at a local venue then told me about one of his guitars he’s putting up for sale. Guess who’s buying it? I’m the luckiest guy in the world to soon become the proud owner of my favorite guitarist’s signature model guitar. Yes, I play, but I’m only going to play it on special occasions. Other than that, its going into my collection.
Screw the registry and all negative thoughts today and for days, weeks, and months to come. I feel like a normal human being today without a care in the world.