Caribbean: Sex offenders registry

rick I applaud you and your efforts dont ever let anyone deter you or convince you that you cannot succeed in your personal efforts to find ways to fight this crap anyway you can…I to believe a civil suit for damages is a viable option and am actually considering drafting a motion for such action..the following is just an example of what such a argument could look like despite the fact that it’s just an idea thrown into a quick draft and I understand that it’s nowhere near what the actual motion for summary judgement would have to contain and the proper format…just throwing it out there maybe you can use some of the data or who knows just fishing for ideas helps…

This court has jurisdiction because of the sex offender registration contractual agreement, that I was and am forced into through coercion and under duress with threat of imprisonment against my own volition, between the state of California and myself.

Statement of the case;

The defendants are knowingly and willfully misrepresenting the facts and empirical evidence with blatent disregard for the truth with statements of facts that they know or should have known are universally untrue in order to deprive me of my constitutional rights under color of law.

I am the plaintiff in this case. I am a United States citizen who resides in Sacramento, CA.

I am a non-violent, non-contact first time ex-offender from a incident that occurred over a decade ago. There was never any physical contact between myself and any victim. I completed my prison sentence and parole supervision without any incidents or violations despite all the obstacles and conditions of parole that were placed on me because of the sex offender designation. I have been arrest free and a completely law abiding citizen since my release. I do not pose any cognizable risk to the public. I was already severely punished for my offense and have been subjected to intensive monitoring and supervision while on parole. I should not be subjected to these registration and notification laws that involve consequences that are severely detrimental to so many aspects of my life.

Statement of Indisputable facts;

(1) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected liberty interest in my reputation which is protected under the federal due process clause in the Fifth and Fourteenth Amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel” with an irrefutable presumption of future offending that is universally untrue and which provides no meaningful process to determine such facts. See Exhibit (A)

(2) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violates the equal protection clause of the Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel” See Exhibit (B)

(3) Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected liberty interests by infringing on my freedom of movement and my freedom of association which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel” See Exhibit (C)

(4) Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected right to liberty and to be free from unreasonable, arbitrary and oppressive official actions, which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel” See Exhibit (D)

Exhibit (A)

(1) My constitutionally-protected right to reputation is encroached upon by an irrefutable presumption of future offending that is universally untrue.

These laws effectively brand me a “sex offender”, i.e., a public danger, for life. See Doe v. Pataki, 3 F. Supp. 2d 456, 467 (S.D.N.Y. 1998) [here in after Pataki III]; Doe v. Attorney General, 686 N.E.2d 1007, 1013 (Mass. 1997) [hereinafter Doe II];see also Bohn v. County of Dakota, 772 F.2d 1433, 1436 n.4 (8th Cir. 1985), cert. denied, 475 U.S. 1014 (1986).

Specifically, the public notification provisions imply that I am potentially dangerous, thereby undermining my reputation and standing in the community. Doe v. Poritz, 662 A.2d 367, 419 (N.J. 1995); cf. Neal v. Shimoda, 131 F.3d 818, 829 (9th Cir. 1997) (noting that “[o]ne need only look to the increasingly popular ‘Megan’s laws’, whereby states require sex offenders to register with law enforcement officials, who are then authorized to release information about the sex offender to the public, to comprehend the stigmatizing consequences of being labeled a sex offender”). Indeed, public notification that I am a convicted sex offender implicitly announces that, in the eyes of the State, I present a risk of committing another sex offense. Doe II, 686 N.E.2d at 144.

The sex offender registration and notification laws violate my liberty interest in my reputation by making public my current personal address and current photo which is not public information and which puts me in physical harm every time I enter or leave my home and even while I’m in my home I can not feel safe. This information is also being publicly distributed on the Internet from privately owned and operated websites such as homefacts.com. That information being made public puts not only myself but my families lives and property in danger of physical harm, harassment and vandalism. These claims are not hypothetical situations or exaggerations, these claims are facts and the possibilities of these incidents occurring are real and in fact some have already occurred in my case. The Megan’s law website also displays my criminal record which is only available to authorized individuals who meet certain criteria and have a need to know basis, not to the general public at a click of a computer mouse.
These laws affect and limit employment as very few employers will hire me simply because I am on a sex offender website that is accessible to the general public. These laws also restrict or limit my ability to travel for work or to be employed by local, state or federal agencies and severely affects my ability to obtain a business licence or business loans. They also limit what professions and careers that I can pursue and affect my personal and professional relationships in a severely negative way because of my inclusion on the sex offender registry and the publicly accessible Megan’s law website. These issues are not minor inconveniences but are major obstacles to my financial stability and to my fundamental right to life and liberty for me and my family. It also affects housing because very few property owners or property management organizations will rent to me for fear of vandalism and or the loss of present or potential tenants because of the accessibility to the registry by the general public. I am reluctant to move or purchase property for fear that I may violate some local ordinance or be forced to move because of some new law or ordinance being enacted and applied retroactively. I am also reluctant to move or purchase property for fear that I will be subjected to even worse harassment and vandalism by the community in which I move then I have already endured in my present location. These laws create real fears of being the victim of vigilante attacks, harassment and vandalism which forces me limit my activities to avoid being outside of my residence for fear of being harmed or harassed. I have had to call the police twice due to my family and I being physically threatened in one instance and having threats and profanity written all over our porch on the second incident simply because my information is on the Megan’s law website. My family and I have had our vehicles vandalized and our life’s threatened because I am subject to these registration and public notification laws. These laws cause me severe psychosocial stresses that cause major mental disorders such as major depression and anxiety disorders which can and do affect my ability to perform job duties or perform normal daily activities and to reintegrate into society. Once again these are not hypothetical, exaggerated incidents that have happened to other people but personal experiences in my case. I cannot move forward or successively reintegrate back into society because of all the collateral consequences caused by the registration and public notification laws.These collateral consequences will continue to cause me irreparable damage to my liberty interest as long as I am subjected to these registration and notification laws.

See also for collateral damage caused by these laws.

http://sosen.org/blog/2015/05/19/collateral-damage-in-americas-war-on-sex-crimes.html
, http://sosen.org/blog/2015/02/09/spouse-of-registered-citizen-forced-to-quit-job-and-her-three-children-lose-their-home.html
, http://sosen.org/blog/2014/12/01/refugees-usa-families-destroyed-by-the-registry.html
. http://sosen.org/blog/2014/02/25/government-sanctioned-cruelty-to-over-half-1-million-american-children.html

I have a liberty interest protected by the Constitution that entitles me to procedural due process because of: (1) the public disclosure of accumulated and synthesized personal information that would not otherwise be easily available; (2) the harm to my personal and professional life; (3) the foreseeable harm to my reputation; and (4) the statutory branding of me as a public danger, i.e., as a sex offender. I note that the “interest cannot be captured in a single word or phrase. It is an interest in knowing when the government is moving against you and why it has singled you out for special attention. It is an interest in avoiding the secret machinations of a Star Chamber.” Noble, 964 P.2d at 995.

When the laws that have been passed are based on the justification of the high numbers. And they come out, in fact, be not only low, but extremely low. Lower than any other group that does not have the same restrictions or requirements. You would think that there would be a public outcry to do away with these laws but because of politicians are continuing the myth for their political gain, as well as professionals who have a fiduciary interest in the myth continuing and victims advocates, whose only real purpose is revenge. as well as Sensationalism of the news media. All these people continue the myth. Even though the hard data shows that it is a lie. What is it going to take to bring sanity back to our country and overturned laws based on lies and myths? That are in fact a springboard to passing other laws taking away constitutional rights of the American citizens.

Finally what is this lie that is so corrupting and insidious that it has destroyed lives, family’s and children. And the fear of being added to the list created by this law has caused both adults and children to commit suicide. The laws based on this lie that have stolen the constitutional protected rights of not only individuals but whole families, well the answer is real simple. The lie is that people who are involved in sex crimes, have a high propensity to do it again. And even though at the time that these laws were passed there were studies showing lower reoffend rates of those in this group than any other criminal class, the laws were passed based on studies that since have been proven false and inaccurate and all the recent studies have shown no high propensity to reoffend.

Without this issue, (the high reoffend rate) to support the states justification of the existence of the laws the rest of their reasons fall way as nothing more than rules, regulations and laws based on fear that is now unjustified.

The Supreme Court has fed the fear of frightening high sex offender recidivism rates that has proven to be universally untrue. It’s become the “go to” source that courts and politicians rely upon for “facts” about sex offender recidivism rates that aren’t true. Its endorsement has transformed random opinions by self-interested non-experts into definitive studies offered to justify law and policy, while real studies by real scientists go unnoticed. The Court’s casual approach to the facts of sex offender re-offense rates is far more frightening than the rates themselves, and it’s high time for correction.

The sources relied upon by the Supreme Court in Smith v. Doe, a heavily cited constitutional decision on sex offender registries, in fact provide no support at all for the facts about sex offender re-offense rates that the Court treats as central to its constitutional conclusions. This misreading of the social science was abetted in part by the Solicitor General’s misrepresentations in the amicus brief it filed in this case. The false “facts” stated in the opinion have since been relied upon repeatedly by other courts in their own constitutional decisions, thus infecting an entire field of law as well as policy making by legislative bodies. Recent decisions by the Pennsylvania and California supreme courts establish principles that would support major judicial reforms of sex offender registries, if they were applied to the actual facts.

I am asking this court to apply the actual facts submitted in reports from the leading authorities and credible experts in the fields such as the following.

California Sex Offender Management Board (CASOMB)

Sex offender recidivism rate for a new sex offense is 0.8% (page 30)

The full report is available online at

http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf

.
Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013

Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up
The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates.

The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf

Bureau of Justice Statistics
5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE
WASHINGTON, D.C.

Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today.

The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm

Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy.

A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7%

Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf

Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009.

The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05%

Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf

STATE Studies

AK 03% page 8 Criminal Recidivism in Alaska Alaska Judicial Council January 2007
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AZ 05.5 % Sex Offender Recidivism Arizona dept. of corrections note bottom of page 03.3%
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CA 00.8% The California Department of Corrections and Rehabilitation (CDCR) “2014 Outcome Evaluation Report“ http://californiarsol.org/2015/08/new-cdcr-report-reduces-rate-of-re-offense-to-less-than-1-percent.

CA 05.0 % fig 12 California Department of Corrections And Rehabilitation
2010 Adult Institutions Outcome Evaluation Report
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8632&cid=a754c96e86e37f71&app=WordPdf

CA 03.5% table 3-2 California sex offender management Board January 2008
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CA figure 11 01.9% California sex offender management Board 2012 in looking at this one I realize that this is another attempt to increase the visual concept of a higher reoffend rate than actually exists you will note in table 11 , that there are 8490 released sex offenders and that 5870 are returned to prison or 69.1% going onto figure 11. The pie chart does not represent the 8490 but rather represents the 5870 . When you take this into account and do the math. 1.9% of 5870 comes out to 111 and 111 people involved in the new sex crime, out of 8490 comes out to an actual reoffend rate of 1.3% . This is just another way that the government is using razzle-dazzle techniques. In doing their statistical analysis.
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8943&cid=a754c96e86e37f71&app=WordPdf

CA 01.9 % figure 11 California Department of Corrections And Rehabilitation 2012 Outcome Evaluation Report
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CA 5 year study 03.2% RECIDIVISM OF PAROLED SEX OFFENDERS – A FIVE (5) YEAR STUDY
https://onedrive.live.com/?cid=A754C96E86E37F71&id=A754C96E86E37F71!8627

CA 10 year study 03.3% RECIDIVISM OF PAROLED SEX OFFENDERS – A TEN (10) YEAR STUDY
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8626&cid=a754c96e86e37f71&app=WordPdf

CT page 9 01,7% And prisoners with no prior sex crime are six times more likely to be involved in a new sex crime Recidivism among sex offenders in Connecticut, State of Connecticut
Office of Policy and Management, Criminal Justice Policy & Planning Division, February 15, 2012

DE Table 26 03.1% REARREST 6 offenders and on table 27 3 Offenders were not found guilty of a crime that makes the percentage of people convicted of a new sex crime. 01.5% Rearrest should never be used as a determining factor. Delaware Sex Offenders, Profiles and Criminal Justice System Outcomes, January 2008
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8622&cid=a754c96e86e37f71&app=WordPdf

DE 3.8% rearrest table 7 Recidivism of Delaware Adult Sex Offenders Released from Prison in 2001 July 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8621&cid=a754c96e86e37f71&app=WordPdf

DE 5% rearrest table 8 after 5 years Recidivism of Delaware Juvenile Sex Offenders Released in 2001 September 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8620&cid=a754c96e86e37f71&app=WordPdf

FL 4.2% page10 Figure 2 10 year follow up SEX OFFENDER RISK AND RECIDIVISM IN FLORIDA
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8784&cid=a754c96e86e37f71&app=WordPdf

HI RECIDIVISM/REOFFENDING BY SEXUALLY ABUSIVE ADOLESCENTS: A DIGEST OF EMPIRICAL RESEARCH STUDIES Years: 1943-2008 85 RESEARCH STUDIES MEAN RECIDIVISM RATE FOR ALL STUDIES = 7.73%
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8619&cid=a754c96e86e37f71&app=WordPdf

IA page 7 #4 “With the overall recidivism for sex offenses as low as 2% “ Iowa Sex Offender Research Council Report to the Iowa General Assembly January 22, 2009
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IA table 4 03% new sex crime THE IOWA SEX OFFENDER REGISTRY AND
RECIDIVISM Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning and Statistical Analysis Center
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8617&cid=a754c96e86e37f71&app=WordPdf

IA ARREST 02.3% page 7 Iowa Department of Corrections Report to the Board of Corrections
Third in a series of reports highlighting issues contributing to corrections population growth April 2006 Sex Offenders
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IN bottom of page “1.05%of identified sex offender’srecidivated for a new sex crime within 3 years.” Indiana Department of Correction Recidivism Rates Decrease for 3rd Consecutive Year

https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8935&cid=a754c96e86e37f71&app=WordPdf

IN page 22 05.7% Recidivism Rates Compared 2005-2007 Indiana Department of CORRECTION
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ME page 12 03.8% Returned to prison for sex offense SEXUAL ASSAULT TRENDS
AND SEX OFFENDER RECIDIVISM IN MAINE 2010
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8612&cid=a754c96e86e37f71&app=WordPdf

MI 8/10 of 1% three-year study has come out of Michigan looking at the number of people on parole that were returned to prison for new crimes they found that of the sex offenders who were released from prison and found that they were involved in the new sexually related crime at 8/10 of 1%, or in other words, that 99.2% DID NOT Reoffend in the new sex crime. And that they had the lowest reoffend rate of all the criminal classes released. the full report is here http://nationalrsol.org/wp-content/uploads/2014/12/CAPPS.pdf

MN 5.7 % over 12 years Table 2 page 21 Sex Offender Recidivism in Minnesota April 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8610&cid=a754c96e86e37f71&app=WordPdf

NY 04% profile and follow-up of sex offenders released in 1986 this one is another attempt to hide the facts . I finally found this information on page 19. They state that there were 556 offenders released below that on page 19. They show a table 14 the number of people related to each of those crimes that were returned to prison. If you look at the numbers for a new sex crime. You will see that they are 5,6,5 and 7 totaling 23 , when you do the percentages 23/556 UN that with the re-offense rate of 4% . If you look at the other graphs that they have provided they have shockingly high numbers . The problem is that they are only looking at the people that are returned to prison and ignoring the people that stayed out of prison. So their numbers are skewed because they did not include people not reoffending in their statistical data.
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8607&cid=a754c96e86e37f71&app=WordPdf

OH report to the Ohio criminal sentencing commission, January 2006 sex offenders Sex offenders in Ohio have a lower recidivism rate than the recidivism rate of all offenders (38.8 percent). A 10-year follow-up of a 1989 cohort of sex offenders released from Ohio prisons found that only 8 percent of sex offenders were recommitted for a new sex offense
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8604&cid=a754c96e86e37f71&app=WordPdf

OH Ten-Year Recidivism Follow-Up Of 1989 Sex Offender Releases EXECUTIVE SUMMARY Recommitment for a New Crime Sex Offense 8.0 % after 10 yeaars
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WA03 07% Re-offended Department of Corrections Public Safety Update What is the re-offense behavior for sex offenders under supervision in the community? •Of the 264 offenders who committed a re-offense:•83% or 218 were unemployed •73% or 192 DID NOT have stable housing

WY again I have to dig through the research to find the numbers . The end result is that between 2000 and 2005 , 545 sex offenders were released and of that 24 reoffended it in a new sex crime . That makes the reoffend charade of 04.4%

For further information and empirical evidence on recidivism rates see also,

http://sexoffender-statistics.blogspot.com/search/label/Recid%2001%25-05%25

http://sexoffender-statistics.blogspot.com/search/label/Recid%2001%25-10%25

http://sexoffenderissues.blogspot.com/p/studies.html

http://www.oncefallen.com/recidivismchart.html

http://sosen.org/blog/2015/01/12/simple-question.html

http://sosen.org/blog/2014/11/06/why-are-the-reconviction-rates-so-important.html

http://news.legislature.ne.gov/dist20/files/2013/08/NE_sex_offender_recidivism.pdf

http://therealosc.blogspot.com/2013/04/as-we-said-so-long-ago.html

https://rsoresearch.files.wordpress.com/2012/01/butner_study_debunking_kit.pdf

http://www.oncefallen.com/SOMyths.html

These conclusions are virtually the same in the majority of reports on this subject from multiple government agencies and throughout the academic community.

Exhibit (B)

The sex offender registration and notification laws are discriminating irrationally among classes of ex-offenders which violates the equal protection clauses.

All sex offenders fall into the classification of felons and felons are a group or classification. The question is, are sex offenders being treated the same as all other felons, do other felons have to register or have the community notified of their presence after they have completed their sentence, are they being denied state and government services, are other felons restricted where they can live, work and recreate, do other felons face criminal prosecution, a felony offense which is punishable by three or more years in state prison, not for engaging in any type of criminal conduct but simply for not providing personal information to the government within a certain time frame? The answer is, no they are not. The courts have found that a distinction among members of the class of offenders is irrational regardless of the importance of public safety consideration underlying the regulations or relevance of prior convictions simply discerning any regulatory reason, however plausible, will not serve to satisfy the rational basis requirement of equal protection; relevant inquiry more properly focuses on whether the means utilized to carry out the regulatory purpose substantially furthers that end.

These laws do not substantially further the regulatory purpose or the legislative objectives of increasing public safety, reducing sexual abuse or preventing recidivism as evidenced in the following reports and actual facts from the leading authorities on this subject.

California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13)

Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety.

The full report is available online at. http://www.casomb.org/index.cfm?pid=231

National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America.

The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual re offending. Neither has it had an impact on the type of sexual re offense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses.

The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx?ID=247350

The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483

Conclusion.
The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of ineffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates.

The full report is available online at. http://www.jstor.org/stable/full/10.

From Justice Policy Institute.
Estimated cost to implement SORNA
Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M.

For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work.

http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf

These conclusions are virtually the same in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community.

Exhibit (C)

The sex offender registration and notification laws violate my right to freedom of movement and freedom of association by severely curtailing my ability to travel both interstate and intrastate and also international travel. With all the different state laws and local ordinances that are in place and the constant introduction of new legislation in the different states and the constantly changing local ordinances in thousands of cities and counties across the country, it makes it virtually impossible for me to travel or visit anywhere in this country without a very real fear and potential for violating one of these laws or ordinances. It is virtually impossible for a person of average intelligence to research, assimilate and abide by all the different state laws and local ordinances that apply to registered sex offenders across the country. I can not visit family or friends without extensive research of local ordinances and state laws and even after extensive research I still fear I could have missed one of these laws or ordinances. I can not attend meetings or protest that occur in places that prohibit registered sex offenders from being present. The punishments for violating one of these laws or ordinances are severe. The registration and notification laws makes it virtually impossible for me to travel to a multitude of major countries in the world as they are notified by our government of my registration status so therefore I am denied entry. These are not hypothetical situations and are not minor inconveniences of registration but are major violations of my constitutional rights to liberty. These violations will continue to cause me irreparable damage as long as I am subjected to these registration and notification laws.

Exhibit (D)

The sex offender registration and notification laws violate my right to be free from unreasonable, arbitrary and oppressive official actions. These laws are completely irrational as applied to me in my case since I currently pose no cognizable risk of re offense. Since I am a non-violent, non-contact, first time ex-offender from a incident that occurred over a decade ago there is no rational basis to continue to subject me to these laws that have consequences that destabilize my life, restricts my abilities to reintegrate into society and have been shown to actually increase known risk factors for re-offense while not achieving any legislative objective of preventing sexual abuse, increasing public safety or reducing recidivism. Since these laws have been seen as strictly regulatory in nature and not considered part of the punishment for an offense, there must be some evidence that the regulations actually achieve some legislative objective. These laws were originally designed to give law enforcement a tool to investigate and apprehend sexually violent predators, child abductors/rapist and habitual repeat offenders when such acts have been committed in the community but have since been expanded to the point to make the registration and notification laws useless to law enforcement or the general public. Just because these laws are so popular within the legislature or the public does not mean that there is a rational basis for such laws. With the facts and evidence of all the destabilizing collateral consequences I endure and all the recent research done on this subject there is overwhelming evidence that these laws are completely irrational and counterproductive especially when applied to non-violent, first time offenders such as myself who currently pose no cognizable risk of re-offense.

Conclusion.

(1) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act. ) as applied to me, severely violate my fundamental liberty rights to my reputation and to my right to due process.

(2). The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act. ) violate the equal protection clause.

(3) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act. ) violate my freedom of movement and freedom of association.

(4). The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act. ) violate my right to be free from unreasonable, arbitrary and oppressive official actions.

Supreme Court Justice Brandeis noted that the Founding Fathers
recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men.
Olmstead v. United States,277 U.S. 438, 478 (1928) (Brandeis, J., dissenting), overruled in part by Berger v. New York,388 U.S. 41 (1967) and Katz v. United States,389 U.S. 347 (1967).

Law enforcement already has accessible records of my criminal record, including my DNA, my photograph and my complete set of prints and can easily locate me if they were to implicate me in a crime in the future. That process is the alternative to sex offender registration and notification laws and is the least restrictive measure that is available to the government that is related to the legislative objectives of increasing public safety and preventing recidivism. Furthermore, the government already has a meaningful process to determine if an individual poses a significant risk for re offense before ever releasing the person from custody. It is available in the states civil commitment statues. If a person is found to present a potentially high risk of re offense then that individual is confined under the civil commitment statues until it is determined that they no longer pose a risk to the public.
It is in the public best interest to grant me this relief as it will increase my ability to reintegrate into society and increase the probability that I will maintain stability in my life and be a law abiding, productive member of society which actually decreases my risk for re-offense even further. It will also allow governmental agencies and law enforcement agencies to re-direct their limited resources to monitor high risk offenders more intensively thereby increasing public safety. It will also save the state tax payer dollars that can be used for policies that have proven to actually be effective.
These laws will continue to cause me irreparable damage if the court fails to grant me relief.
No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so.

Prayer.
I pray the court grant me this motion for summary judgement in the amount of 2.5 million dollars for lost wages, pain and suffering, and the detrimental affects to my reputation.

I declare under penalty of perjury that the foregoing is true and correct to my knowledge on __________ Signed: _____________________________

man pk get off of the comment police trip man you are just causing interruptions in the flow of conversation… who cares if were on topic constantly as long as were having productive dialog man….stop your bitchin and complaining…..get a life where your not trying to police people and pull your control freak habit on something else besides trying to disrupt productive conversation….no more it looks like some others are starting to come around to our way of thinking its just a slow ride for them lol…Roger I still have to respectfully disagree with your tactics…we have to face the fact and stop living in a fantasy world thinking that we are going to change perceptions and attitudes towards us…the world hates us and that shittttt aint going to change I dont care how much you preach or try to convince the sheeple they are not going to change their little minds about us…..face it….I applaud your efforts and support your right to try anything and everything to further our cause but we have to be realistic and face facts…public perception about us no matter how much evidence or how much talk until were blue in the face we do is never going to change especially when the politicians will never admit their wrong and neither will the public…we have to fight this like Mays said in the here and now not on some make believe future that will never exist……we HAVE to fight in the courts with massive amounts of indisputable evidence and very articulate and experienced lawyers who are in it to win it attitudes who have actual stakes in the fight and are willing to step out of their comfort zones or one of us or a conglomeration of us who will put together a motion that we put our hearts and souls in will we ever overcome and take down this disease infested registry and all its components…..pk dont start a big stink again man if you dont like the way the conversation is going go blank yourself and let others have productive dialog..dont mean to be rude or uncivil but come on man…..some of you guys claim to be so tired of my crap take a long hard look at what you guys are doing to oppress real conversations that may or may not lead to positive outcomes…..

great feedback rick I would like to see your motion even if it is a book….your right the objective of any motion will be to get in front of scrotum…love scrotus how fitting

I notice the a sex registry just announced in the Carribran now the Casrribean is to be pounded by a hurricane, along wih Florida. If I believed God was immediately reactionary, I would think its no coincidence the Carribean and Florida are to be pounded by a HUrricane. But then again, in Florida, and soon in thew Carribean I’m sure, registrants can’t and will not be allowed to go to homeless shelters with families and will have to fend for themselves. SO this couldn’t be an act of God.