Comments that are not specific to a certain post should go here, for the month of Aug 2023. 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.
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Against All Odds: The Unexplained Sexual Recidivism Drop in the United States and Canada
Local Copy
I have requested a copy of this to read and maybe someone else here can get it for reading as well. It is secured and needs to be requested for reading.
From Reason.com comes this wonderful piece below on mug shot photos which spurred me to think about PFRs and the check-in photos which are taken…and posted for the global audience to see. (I did read the mother ship SOL org op-ed on this which greased the wheels on this topic over to Reason and then here…) These particular photos taken at intervals of the state’s choosing are beyond the original purpose of the mug shot. I know if I looked at the collection of pics taken from the time of my arrest to my latest check-in, one would see weight fluctuations and the aging process taking hold. Why are others who have sinned against the criminal statute not given the same photographic treatment over the course of their life since the original purpose of mug shots was “…to allow law enforcement to have a photographic record of an arrested individual to allow for identification by victims, the public and investigators.” Of course, eliminate the registry, the continual mug shot updating stops too (and I don’t get them in glossy or wallet sizes to boot to pass out to friends and family either). Then I would think they would get them from the DMV to supplement their collection of front angles at least. Another point of course is the person who is accused of a sex crime and then is found innocent (not guilty) of it has the mug shot continually available for all to see for the rest of their life with people wondering about them…guilty before proven innocent. So with that all being said, I don’t wish this to turn into a political discussion and defer to the moderators on that point, but a recently famous mug shot taken provides valid points for all to consider on the matter…say cheese! CLICK!
Stop Publishing Mug Shots. Mug shots are not taken to humiliate a defendant before they’ve been convicted. But that’s the purpose they widely serve now. (Reason.com 24Aug2023)
Question to the masses;
I have accepted a position in another state and will be leaving the Republic of California and my tier two (yet to be determined) status… for lifetime registration in another state. But, as I was reading the laws surrounding the registry. It appears, I might be able to be reclassified to tier one… Some good news.
Getting to the question though… in signing out of the county. I was notified by the clerk, that I now have to notify the State of California – within five days of obtaining a permanent address in my new state of residence. To remain compliant in California…? Is this really a thing???
Sending them either via Registered or Certified Mail – proof of my new residency. So, that they may notified my new Jurisdiction??? I am going to have to notify, both the local LE agency and State Police to my whereabouts in my new state.
This seems redundant…? And, I don’t really trust California to notify another state of my whereabouts within it. As they can’t even properly tier me.
Florida told me the same thing, when I departed there – that they would notify California of my arrival. My local Sheriffs had no clue I was arriving. And had to reach out to the FBI to verify I was indeed a registrant.
I can’t believe in some states they make you pay to register, I was thinking about going to visit my family in Denver so I called down there to see what the registration process was like, She said i don’t need an appointment I could just walk-in anytime from 8am to 5pm and pay the $20 registration fee and if I can’t pay it they’ll wave the fee and I can pay it later, I asked what if I’m homeless and can’t afford to pay it next time, she said then the bill will just keep adding up.
Before hanging up the phone, she told me if your planning on moving out here, most of the homeless sex offenders in Denver live under the freeway bridges, The way she said it I could tell she didn’t see registrants as human beings.
She also said that whatever address I give, there will definitely be a compliance check to make sure your really staying where you say you are, I She didn’t know about the other jurisdictions registration process only hers.
So much for visiting Denver for a month or two, place sounds like California back in early 2000’s. I think Im just gonna wait till 2024.
I wish registry proponents, and those who truly believe it’s not punishment, could spend a year, a month, or even a day in our shoes.
No matter what we do, no matter how many years in the past or how much we bust our asses to make ourselves more employable, everything remains in the long shadow of our past mistakes.
I’m once again reminded of this because I’ve been applying to better-paying companies, and just like the last time I was looking for work, I get that all-too-familiar email response with a header like “pre adverse disclosure,” informing me of what the background check dug up. In the nearly 17 years I’ve been a registrant, the name of the game has been settling for what I can get, be it employment or housing. I guess I’ve been fortunate in the sense that I’ve managed to become relatively financially stable, but it’s been within the confines of having to settle for less than ideal situations, and even that has been an uphill battle from the start, as you all can attest to.
For some reason, these consumer reporting companies like Hireright always dig up my listing on the TX registry from the short time I lived there a decade ago, but not my current state’s listing. TX never takes registrants off when they leave, and how they can use the public safety argument to justify that is beyond me. This has directly cost me numerous lucrative potential jobs.
I don’t see how I’m ever going to make enough to actually get ahead.
I’m coming up on my annual license renewal – yes, they make you update (and pay full price for) your license here annually, which of course draws questions from anyone looking closely – you know, like employers. It might as well be stamped “sex offender.”
And because I am single and looking, the fear of how a potential date will react is ever-present. I haven’t really tried to date much, but I’m lonely, and turning 45 still having never had a serious partner is soul crushing.
Sigh…I just had to blow off some steam. I’m doing OK overall. Just feels like I shouldn’t rock the boat. But if I don’t, things won’t get better.
I recently got married and my wife has had her permanent residency for awhile, and has been living here for 18 years. She was finally able to set up and interview and to take her test to become a US citizen. Will my criminal record affect her getting her citizenship? I’m not trying to petition her to come over from another country. She’s already been here on a permanent residency and has worked and paid taxes for years. She just wants to get her US citizenship. Does anybody have an answer to this question? I would appreciate it.
so if someone copy a pic of me from the sheriff website and post for profit. Do we have a standing to sue?
“Various legal experts have noted, Trump’s sale of that mug shot, taken by the Fulton County sheriff, may violate U.S. copyright laws. This could mean that theoretically, the millions he is making off that photo may rightfully belong to the Fulton County sheriff — an entity that just happens to be in desperate need of funds to address the horrific conditions in the Fulton County Jail,” he wrote.
Bolstering his case he added, “Betsy Rosenblatt, a professor at Case Western Reserve University School of Law, recently explained to Spectrum News 1 Ohio that the copyright owner of Trump’s mug shot is likely the Fulton County Sheriff’s Office.”
https://www.rawstory.com/trump-mugshot-2664806962/
I needed to do a lot of estate planning work with attorneys last week. I am very proud of what I can do for people and for having enough sense to keep it in order.
But I keep thinking about what I’m going to give the Registries and its a**hole supporters. What gifts am I going to give them near End of Life and maybe even After Death? I have a decent number of ideas but I’m wondering if others have more ideas, and/or better. I can arrange my life so that I personally have nothing to lose and my family is isolated.
I’m getting older and likely one day it will become evident that I don’t have much longer to live. The Registries deserve presents. I’m considering what.
This is my second year that I’ve not had to show up to the local PD.
I’m grateful for that.
I’m also mindful of the hundreds (if not thousands) who were and are on the registry, having pled guilty with under a signed agreement, a contract, that registration wasn’t required.
The stroke of a legislative pen was all it took.
I’m off the registry due to something only slightly more… A legislative pen and a little more.
Everyday I remember, one more pen stroke is all it will take to reverse my current state and I wonder if/when that will happen… And what can be done.
Channel 6 out of Milwaukee Wisconsin just had that legislatures in Wisconsin are trying to push for the band of child sex dolls. They also were talking about strip searches at schools and what can and cannot be done. We will see what happens!
Off the registry. Case was out of state. Does the CA DOJ remove me from their database? It has always shown a ca offense even though it was out of state.
Even the mom of the victim knows the registry will not keep her daughter safe so why have it.
Judge regrets lenient sentence for ‘predator’ softball coach in sex assault case
“I hope you never have a normal life again, because you took that from me. … I hope you are treated like the threat you are,” she said. The victim’s mother called the plea deal “ridiculous” and “a complete bungled mess.” She said being on the sex offender list is not any guarantee that people will be protected from Atkin.
So seems to be liken to punishment.
A whole brand new level of “it’s not punishment”. I had to find a new therapist as my original therapist retired during Covid. Today was my first appt. With my new therapist. After expressing my registry status I was asked a few questions regarding my CP conviction then I was told they could not help me due to my registry status.
I know you guys missed me. Idalia got my city bad August 30th. We had 57000 people affected in my area. Thousands of trees down, many across power/media lines. No power, no water, no media. Now 9 days later. That’s a 70 plus year old Oak tree from from neighbor across the street into my front yard.
Does anyone know where i can find virtual therepy once a month for treatment thats not gonna charge me a arm and a leg.My probation officer is telling me I need to even tbough im not on probation for a S.O. offense but do have a misdemeanor charge for a annoyance.Anyhoe if anyone can reccomend someone I can see for online sessions would be great.
From Maine:
FAC has a good write up on the misreporting of data against PFRs in a post on this report, Nearly Half of Maine Sex Offenders Released Between 2005 and 2019 Offended Again: USM Report (30 Aug 2023 Maine Wire), @ Extremely Misleading Massachusetts and Maine Report on Recidivism (FAC, 3 Sept 2023)
“The problem with this report is its use of the word recidivism – a word that is not defined with uniformity throughout various studies. Even this report, “Recidivism Among Sex Offenders in Massachusetts & Maine,” acknowledges in the Executive Summary on page 1 that the “…recidivism definitions…can vary across local, state, and federal agencies.” The raw data in this report is probably correct, but the conclusions being drawn are grossly misleading.”
As we have always said here, data is only as good as the narrative wanted to be shared and its fitting within it regardless if it is correct or not.
From the Wall Street Journal article I submitted
A 27-year-old man was recently ordered to report to a remote, barbed-wire-encircled facility in Minnesota under a law that allows judges to lock [People Forced to Register] away to prevent crimes they have yet to commit.
Alec Ross Cook has never been convicted of a crime in Minnesota, but authorities determined he is a sexually dangerous person based on the record of crimes he was convicted of in Wisconsin, where 11 women accused him of stalking, strangulation and sexual assault.
Minnesota and 18 other states as well as Washington, D.C., have similar so-called civil-commitment laws that can effectively extend [PFRs]’ time in state custody for decades—or even life—after they have served their sentences in prison.
Advocates say the laws protect the public from dangerous sexual predators and provide appropriate treatment. Opponents say the laws violate the basic legal principles of double jeopardy, are costly to administer and are aimed at people responsible for a tiny fraction of sex crimes. There is an effort by people in and outside the Minnesota program to end it.
“It is a definite balance between civil liberties and public safety,” said Shoba Sreenivasan, an adjunct clinical professor at the Keck School of Medicine of USC, who has been assessing PFRs for commitment to the California program for 27 years. She called such indefinite commitments “a very weighty thing.”
Cook was arrested in 2016 while he was a college student at the University of Wisconsin—Madison, according to court records. He pleaded guilty to three counts of third-degree sexual assault and one count each of stalking and strangulation. Prosecutors sought 19 years, but in 2018 a judge sentenced him to three years, drawing harsh criticism from several Wisconsin lawmakers.
Wisconsin’s Department of Corrections found that Cook didn’t qualify for its “sex-offender program” because the charges he pleaded guilty to don’t meet that state’s definition of a sexually violent person, so he was released from prison in 2021, said his Wisconsin lawyer, Jessa Nicholson Goetz. Cook was allowed to move back to Minnesota to be closer to his parents and serve out his probation there, said Bill Lubov, his Minnesota lawyer. He also signed himself into a residential… treatment program.
Once Cook was back in his home state, the Minnesota Department of Corrections launched its own review and recommended that prosecutors begin civil proceedings to have him declared a sexually dangerous person, according to the Hennepin County Attorney’s office. During a three-week bench trial earlier this year, a district judge heard testimony from three experts, two of whom said he didn’t need to be committed and one of whom said he did, according to court records. Despite the trappings of a criminal trial, the civil-commitment proceedings have a lower burden of proof than criminal court.
Lubov said it is unusual for a person who isn’t in jail and has shown signs of an ability to avoid repeat offenses to be civilly committed.
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The judge saw it differently, citing the violent nature of his attacks—some of which lasted hours and left his victims with deep physical and emotional scars, according to their victim-impact statements. The judge also indicated that Cook wasn’t always honest with therapists and in court proceedings.
About 1,100 [PFRs] are released from incarceration every year in Minnesota, and around 4% of those are ultimately committed to the program, said Nancy Johnston, executive director of the Minnesota “Sex Offender Program”. “The program’s mandate is that we provide sex-offender-specific treatment to a pretty complex group of individuals that have quite a history of anti-sociality and pattern of sexual deviance,” she said. “They’re pretty high risk to reoffend for the most part, usually have multiple victims.”
Minnesota has 747 men in its… program, with most housed at a facility in Moose Lake, Minn. The budget for the program is $112 million for fiscal year 2024, according to its website.
Since its inception, the program has had 946 participants, including 94 who died in the program, officials say. There was only one provisional discharge before 2012. Since then, 21 have been fully discharged, 52 are living outside a facility under supervision and around 10 are waiting for housing under provisional discharge.
Critics say [people] previously convicted… [of a sexual offense] account for between 4% and 7% of people charged or convicted of sexual violence, citing various state-level studies.
In two cases in the 1990s, the U.S. Supreme Court upheld civil-commitment laws for [PFRs] diagnosed with psychological abnormalities that pose a threat of future offenses, as long as the programs are therapeutic, not punitive, said Eric Janus, director of the sex offense litigation and policy resource center at the Mitchell Hamline School of Law in St. Paul, Minn.
“There’s so much manipulation of this idea of a mental abnormality,” Janus said. “It’s a very loosey-goosey standard, and almost anything goes.”
Nicholas Kimball, spokesman for the Hennepin County Attorney’s office, said civil commitment is distinct from the regular legal process. “There are people who present a very clear and significant risk to the public and we have to take that seriously and do everything in our power to get them the treatment they need,” he said.
Eliseo Padron, 48, said he has been living in the Moose Lake facility since 2012. He says he was convicted of first-degree sexual assault against a 21-year-old woman and served six years in prison before being committed to the program as a sexually psychopathic personality and a sexually dangerous person after several parole violations. Court records indicate the attack was extremely violent and followed another assault by Padron when he was a minor.
He said he participated in the programs at the facility for about two years until, he said, he realized he would likely never get out of the facility.
“The reality is that only 20 people have gone home in 30 years and that’s not the greatest statistic in the world,” he said.
Johnston said that judges make the ultimate decision about who is committed and who is released from the program.
SHARE YOUR THOUGHTS
Should states like Minnesota rethink civil commitment laws for… [PFRs]? If so, how? Join the conversation below.
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Padron is part of the group of people working to try to end the program through legislation they are drafting and hope to get introduced next year.
Steve Sandell, a former state representative who served two terms, said it could be an uphill battle. He tried to introduce a modest reform bill in 2022 that would reorient the program toward sexual-assault prevention, support and treatment, among other things, but was quickly shot down.
“The institution needs reform. The institution needs leadership. And it is a political football that nobody wants to pay attention to,” he said.
My case was finally adjudicated this past week after a 26 month wait. Yep, over 2 years.
The plea was to drop two… charges…, and plead guilty to voyeurism using an electronic recording device. Simple voyeurism is a misdemeanor in my state, but the camera bit makes it this one the lowest level felony. This level of felony carries a sentencing range of between 6-30 months. The plea deal specified the judge would decide the time and type of sentence, but with a cap of 18 months. Luckily, for whatever reason, voyeurism is not a conviction that is required to register here, so no registry. However, it looks like it is registerable in many states and a lot of those states have language about “if you are convicted of a crime in another state or jurisdiction” then you must register if visiting more than x days or relocating there. So, it’s not all perfect in that regard, but beats the alternative.
The judge sentenced me to the full 18 months. 6 months served on home detention, with the remaining on probation. But, even though my crime isn’t a listed sex offense per the state code, she decided to apply some of the special probation conditions for sex offenders to me. Internet device monitoring, can’t use websites/chatrooms/etc frequented by minors, must complete a sex offender treatment program, etc. I guess that’s all possible even though the special probation conditions document specifically says it applies to a list of sex crimes in the state code, of which this isn’t one. But I guess it’s at a judge’s discretion maybe? Oh and on the special conditions form, the judge did not order me to be subject to polygraphs. I do wonder if whatever treatment program I end up in can/will require them as part of that though.
I went to Community Corrections after court but they weren’t expecting me and didn’t have time to put on an ankle monitor. So they told me to follow my probation conditions and come back to see them next week, but that they couldn’t put me on house arrest without a monitor so I am still relatively free. No talk about monitoring software or anything yet.
Worried about losing touch with gaming friends (seriously, sincere friends of a couple of years now) who I keep in touch with via discord, which I assume is going to be a hard no. Worried about cost of monitoring software for laptop and phone (both necessary for my business). Somewhat worried about sex offender treatment and what kind of brain reprogramming that will entail. Worried that I’m going to have to get rid of my tv’s because they’re all smart tv’s. Can one even buy a non-smart tv now? And I don’t even know what kind of tv service to get that isn’t related to streaming in some fashion, or has it built into the cable box or who knows what. An antenna I suppose for over the air.
I guess I just need to call this a win and move on, but the internet stuff bugs me because it had nothing at all to do with my crime. No registry in my state at least, no incarceration, and the ability to keep operating my business are all big wins so I shouldn’t complain.
Please let me know if you have any feedback on things I could maybe do to improve the probation conditions, or if I just need to stfu and be happy. If you can see anything down the road I should look out for, especially as related to international travel, please let me know that as well.
How many have leveraged AI to assist in finding a legal way to end the registry?
The following was created in less than 5 min using chatgpt-4. There’s so much potential here. I think we just need someone to ask the right questions.
Claim: The California Sex Offender Registry infringes upon constitutional rights and is not in the best interest of public safety or rehabilitation.
I. Violation of Constitutional Rights
A. Double Jeopardy (Fifth Amendment)
Case: Doe v. State of Alaska, 92 P.3d 398 (Alaska 2004)
Hypothetical Quote: “The public registration has punitive effects and the ongoing, life-long requirements exceed the civil intentions of the registry. This creates a form of ongoing punishment.”
B. Cruel and Unusual Punishment (Eighth Amendment)
Case: Does v. Snyder, 834 F.3d 696 (6th Cir. 2016)
Quote: “The retroactive application of increasingly onerous restrictions, without individual assessment or chance for reprieve, starts to resemble the historical punishment of banishment.”
C. Due Process (Fourteenth Amendment)
Case: Doe v. Miami-Dade County, Florida, 2:14-cv-2393 (S.D. Fla. 2018)
Quote: “Residency restrictions, when not carefully considered, can relegate individuals to homelessness or severely limit their housing options, all without clear evidence of a benefit to public safety.”
II. Undermines Rehabilitation
A. Public Shaming & Ostracization
Case: Millard v. Rankin, 265 F. Supp. 3d 1211 (D. Colo. 2017)
Hypothetical Quote: “The state has, in essence, created an environment where registrants are constantly in a pillory, exposed to public ridicule and ostracization, hindering genuine rehabilitation efforts.”
III. Inefficacy in Promoting Public Safety
A. False Sense of Security & Lack of Differentiation
Case: Doe v. State of Maryland, 430 Md. 535 (2013)
Quote: “The failure to differentiate between levels of risk among registrants not only dilutes the efficacy of the registry but also provides a false sense of security to the public.”
Regarding California counties more inclined to rule in favor of registrants:
It’s essential to understand that judges in each county base their decisions on the law, facts of the case, and prevailing legal interpretations. Predicting outcomes based on county can be challenging. However, historically, urban counties, which tend to have a more diverse population and may be more progressive in their views (e.g., Los Angeles County, San Francisco County, Alameda County), might be more receptive to these arguments. Still, it would be crucial to consider the specific judge and the facts of the case
Recidivism Rates: According to the Bureau of Justice Statistics (BJS) in a study published in 2019, sex offenders were less likely than other released prisoners to be arrested during the 9 years following their release. About 67% of released prisoners were arrested for any new crime within 9 years, compared to 49% of sex offenders.
Type of New Arrests: Of the released sex offenders who were arrested during the 9-year follow-up period, 59% were arrested for a public order offense (like probation violation) as their most serious new charge. Only 7.7% were arrested for another sex offense as their most serious new charge.
Tiered Systems: A study by the Minnesota Department of Corrections found that over 50% of Level 1 (least likely to reoffend) registrants were compliant with registration requirements, while over 90% of Level 3 (most likely to reoffend) registrants were compliant. This highlights the issue of overburdening low-risk offenders with registry requirements, and it suggests that resources could be better allocated to managing higher-risk offenders.
Effects on Housing and Employment: A 2007 study by Levenson & Cotter found that 40% of registered sex offenders reported being unable to find a job, and 27% could not secure a place to live because of community notification or residence restrictions.
Efficacy of Registries: A 2008 study published in the Journal of Law and Economics found that the implementation of a registry only reduced the rate of sex offenses by about 13%. The public notification component, however, did not lead to a significant reduction in rates.
Effects on Rehabilitation: Studies like Tewksbury (2004) and Levenson & Cotter (2005) found that public registration can inhibit rehabilitation by causing significant psychological stress, inhibiting social relationships, and leading to financial hardships due to employment challenges.
Public Perception vs. Reality: A 2010 study in Criminal Justice Policy Review found that while the public perceives registries as crucial for public safety, the majority of sex crimes are committed by first-time offenders, meaning the perpetrator wouldn’t be on a registry.
Does anyone know if there is published guidance on how long a Tier 1 registered person must stay in ‘treatment’, and continue the meetings with the probation dept’s contracted social workers?
In New Mexico, the governor just suspended the USC 2A in ABQ for all there by the swipe of pen under an “emergency”. (This is not a debate about 2A or ABQ, NM, but the principle of suspending it.) That is worrisome if it is upheld in court, which it would not be I believe. Given the courts have said ex post facto is permissible in some PFR situations and not in others, can the action she did there just be used unilaterally against PFRs if she wanted to wantonly do so? Could other governors try the same? I remember during the pandemic similar actions were attempted but rebuked by the courts in violation of the citizen’s rights. Thoughts?
Hello legal beagles!
I know I saw it here (on this website) within the past several weeks, so maybe someone can help me out. Apparently, there is a California law that allows what would normally be charged as a misdemeanor* to be charged as a felony if the individual (perpetrator) has a past sexual offense conviction.
*NOTE: Applicable to any misdemeanor (not necessarily one that is sexual offense related.)
Does anyone know that CA statute number or where I could find the information?
Thanks any & all! 🤗😁👍🏻
Just an FYI for everyone: If you received a suspended sentence and were denied a 17(b) because of it, you should appeal.. As of 2019, the law changed. The words suspended sentence were stricken from the law. I got denied a few months ago due to having a suspended sentence. The judge, DA and the public defender did not know about the change. I sent the public defender what I found and he agreed to send it to the judge for reconsideration. He did some research and did determine the law in fact did change. I now have to go back later in September for the 17(b). Do not allow a judge, DA or even a public defender tell you that a 17(b) is impossible with a suspended sentence. There are many factors the judge can and will consider but denying solely on a suspend sentence no longer has standing. I hope that helps anyone and gives someone reading this another chance at a reduction.
The Florida Action Committee has been invited to speak next month in Geneva, Switzerland. The topic will focus on homelessness in Miami area and how the registry and the 2,500 foot rule is a major reason for homelessness crises. Also tomorrow I believe the city of Miami Beach is having a vote to make homelessness an arrestable offense even though this is contrary to a high court decision that said you can’t arrest someone if there is no homeless shelters, or they are full. Not to mention most shelters don’t cater to registrants. If you have not done so please sign the Human Rights petition.
…[T]he Florida Action Committee will… send the FAC delegate to Geneva in October to talk about the Human Rights Violations that the United States is committing against us. This could be a really key event to shine a light on the truth that they would rather conceal. I know in California they did away with residency restrictions but a lot of the country is not that lucky. Think back to last week in the Paris v Wisconsin case when they said a 6,500 foot living restriction was ok. This is the injustice that we need to put a stop too. If people have the right to reside where they want (Article 13) then residency restrictions are a major violation of our universal rights.
Looking at the United Nations
Universal Declaration of Human Rights
you can see that these universal rights are really about equality than I believe its vital that this civil rights convention be able to hear our story. We have a chance to tell the whole world what is really happing in this country this in turn could be a watershed monument I hope.
🤔 Very surprising! It seems that an increasing number of female teachers are being arrested for sexual assault of minors. A recent story appears in both USA Today and People. You can find it by doing a Google News search for topic: “12 year old”.