[news-gazette.com – 10/30/20] URBANA — A 24-year-old woman who admitted having sex with a teenage boy for whom she acted as a teaching assistant has been sentenced to four years of probation. Judge Roger Webber said Friday he did not believe Allyssa Gustafson, who had no prior criminal convictions, was a danger to the public. However, he said the requirement that she register as a sex offender for life — “the modern-day equivalent of the scarlet letter” — would serve to punish her. Read the full article
Read MoreAuthor: R H
IL: A Veteran Cook County Judge Has Been Repeatedly Blocked from Hearing Sex Offense Cases. Here’s Why.
[bettergov.org – 10/22/20] A Chicago teenager pleaded with Cook County Judge James Linn to impose the maximum prison sentence on the man who sexually assaulted her and her two sisters for several years and threatened to kill them if they told anyone. “Help us ensure that there will be one less rapist out on the streets,” the woman, then 19, wrote in a victim impact statement read aloud at the sentencing hearing in May 2011. “At the end of the day, I just want justice to be served the correct…
Read MorePA: Appellate Court finds registration violates right to reputation under Pennsylvania Constitution in as applied case
[floridaactioncommittee.org – 10/23/20] Before you get too excited, this is an as-applied case, meaning the decision only benefits the person challenging and not everyone on the Pennsylvania registry, but it’s a win nonetheless, and a win on a novel argument, so it’s good news. A Pennsylvania intermediate court found that SORNA violates an individual’s right to reputation under Article I, Section 1 of the Pennsylvania Constitution by creating an irrebuttable presumption that she poses a high risk of committing additional sexual offenses. The law says, “[s]exual offenders pose a high…
Read MoreCalifornia ordered to halve San Quentin population after showing ‘deliberate indifference,’ court says
[yahoo.com – 10/23/20] OAKLAND, Calif. — A state appellate court has ordered San Quentin State Prison to halve its inmate population, which would require transferring or releasing some 1,700 inmates. The ruling from the state’s First Court of Appeals sends a clear message that officials overseeing San Quentin have not done enough to protect inmates from the coronavirus after a summer outbreak. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion. The court ordered…
Read MoreWilliams Institute report : Over 6,000 people are civilly committed in the US
[williamsinstitute.law.ucla.edu – 10/2020] Black men and men with male victims are more likely to be committed Twenty states, the federal government, and D.C. have laws that allow for the indefinite detention of sex offenders designated as a “Sexually Violent Person” or “Sexually Violent Predator” (SVP) beyond the term of their incarceration. This report explores the implications civil commitment laws have for Black and sexual minority communities. In the 1990s and 2000s, federal lawmakers and legislators in 20 states and the District of Columbia passed laws that allow for the detention…
Read MoreTN: Operation Blackout To Crack Down On Sex Offenders During Halloween Season
[radionwtn.com – 10/20/20] The Tennessee Department of Correction (TDOC) is responsible for the supervision of more than 3,800 registered sex offenders. TDOC’s mission is to enhance public safety for all Tennesseans including our most vulnerable citizens – our children. That’s why the department launches a special operation this time of year called, Operation Blackout. According to Assistant Commissioner of Community Supervision Lisa Helton, “Operation Blackout provides all registered sex offenders under the supervision of the Tennessee Department of Correction with additional restrictions during a time when families and children might be…
Read MoreLA: Court strikes Louisiana’s ‘Sex Offender’ ID requirement
[startribune.com – 10/20/20] NEW ORLEANS — Louisiana’s requirement that people convicted of certain sex crimes carry a state-issued ID card with the words “SEX OFFENDER” printed on it in orange capital letters is unconstitutional, the state’s Supreme Court ruled Tuesday. The 6-1 ruling upholds a decision by a state judge in Lafayette who last year threw out a charge filed against a man who altered his card to remove the label. State attorneys had argued that the state had a legitimate interest in having the information on the ID card:…
Read MoreLA Times Op-Ed: Polly Klaas was our sister. We don’t want unjust laws to be her legacy
[latimes.com – 10/18/20] To many people, the face of Polly Klaas is a reminder of a horrific moment in our nation’s history. For us — her sisters — Polly’s face represents a constellation of childhood memories that remain precious to us today. Those memories ended abruptly on Oct. 1, 1993, when a man followed Polly home from the park and took her from our bedroom. … To us, the trauma of Polly’s death was made all the more confusing and frightening by the media frenzy surrounding it. As children, we…
Read MoreNARSOL LIVE Virtual Litigation Summit is November 19 & 21
[Recommended by ACSOL] The online NARSOL LIVE Litigation Summit is November 19 & 21, 2020. It will feature dynamic attorney presenters like Paul Dubbeling, Erica Dubno, Aaron Marcus, Adele Nicholas, Paul Reingold, and Mark Yurachek speaking on the hottest topics in registry and sexual offense litigation. Reserve your spot today! NARSOL members who sign-up prior to midnight October 31st will qualify for a Members-only Earlybird Special 10% discount! Watch for the special discount code in your email! Read more and register
Read MoreIA: New tool to monitor registrants: License Plate Reader Contract Approved in Davenport, Iowa
[ govtech.com 10/15/20] While the devices are touted as investigative tools — helping to locate stolen cars, missing persons and the like — privacy and civil rights advocates say the technology also raises concerns around misuse and surveillance. (TNS) — Davenport City Council members on Wednesday unanimously approved a contract that will give Davenport police an enhanced tool for tracking stolen vehicles, wanted criminals and abducted children. The little-noticed, high-speed cameras mounted on police cars, road signs, bridges and poles photograph thousands of plates per minute. The devices convert each…
Read MoreACSOL Urges “NO” on Prop. 20, “YES” on Prop. 17
The Alliance for Constitutional Sex Offense Laws (ACSOL) urges registrants, their families and supporters to vote “NO” on Proposition 20 and to vote “YES” on Proposition 17. Both propositions are included on the November 2020 ballots. If passed, Proposition 20 would significantly increase the number of violent felonies from 27 to 51, resulting in harsher sentences and longer prison terms. Of that total, the number of violent sex offenses would also increase significantly from 9 to 14. In addition, Proposition 20 would require the collection of DNA from individuals convicted…
Read MoreACSOL and Allies Submit Formal Response to Proposed SORNA Regulations
[ACSOL] Today 10 legal professionals from six different states submitted a formal response to the U.S. Department of Justice regarding proposed SORNA regulations that could adversely affect the daily lives of almost one million people required to register as a sex offender. The response is 36 pages long and includes a request that the federal agency issue revised regulations and allow for additional comments from the public in the future. “ACSOL and its allies have prepared a comprehensive response to the proposed SORNA regulations,” stated ACSOL Executive Director Janice Bellucci. …
Read MoreNY: Appeals Court hearing oral arguments online Oct 13 on continued detention of former sex offenders after release
[nycourts.gov] These appeals were filed by level three sex offenders to challenge their indefinite detention in prison or prison-based residential treatment facilities (RTFs) after their prison terms expired or they were granted parole. All three offenders were subject to post-release supervision (PRS) and were held past their release dates by the Department of Corrections and Community Supervision (DOCCS) when they were unable to find housing that complied with the Sexual Assault Reform Act (SARA), which bars certain sex offenders from residing within 1,000 feet of any school grounds (Executive Law…
Read MoreFL: Reentry Task Forces Recommends a Stop to Residency Restrictions for Sex Offenders
[from the last page] We affirm the findings of the OPPAGA that “many studies have established that sex offenders who maintain stable employment, housing and family relationships have significantly lower recidivism rates” as well as the numerous studies which conclude that SORRs undermine successful reentry of returning citizens, while doing nothing to promote public safety. For that reason, we make the following recommendations: 1) Legislation should be enacted that would pre-empt the patchwork of county and city SORR ordinances in favor of the State’s SORR Statute (F.S. §775.215). 2) Counties…
Read MorePublishing Registered Sex Offenders’ Home Addresses Before Halloween Is Gratuitous, Unethical, and Reckless
[reason.com – 10/10/20] Every year in the run-up to Halloween, Patch publishes maps showing the homes of “registered sex offenders” in various cities. Ostensibly, this information is aimed at helping parents who worry that their children might be molested while trick-or-treating. But research shows that such fears have no basis in reality, and these stories—like the warning signs and restrictions imposed by local police prior to Halloween—mainly serve to stigmatize people who have already completed their sentences, along with their spouses and children, who have committed no crimes at all.…
Read MoreCA Supreme Court Considers Prop. 57 Case
[ACSOL] The California Supreme Court today listened to oral arguments in the first in a series of cases regarding the implementation of Proposition 57 by the California Department of Corrections (CDC). At issue in all of those cases is whether CDC’s regulations could lawfully exclude anyone convicted of a sex offense from its major benefit, that is, early parole consideration. The registrant in today’s case is Gregory Gadlin who is currently in state prison after being convicted of an offense that does not require registration. However, Gadlin is required to…
Read MoreOregon Voices Submits Formal Response to Proposed SORNA Regulations
[oregonvoices.org] Oregon Voices, an organization devoted to support and advocacy for individuals and families affected by the sex offender registry, submitted yesterday its formal response to the proposed SORNA regulations issued by the federal government last month. Below is an excerpt from that response and a link is provided after the article to the organization’s full response. “We commend Oregon Voices for formally responding to the proposed SORNA regulations,” stated ACSOL Executive Director Janice Bellucci. “ACSOL and its allies will submit its response next week prior to or on the October…
Read MoreDeadline is this Wednesday for ACSOL Oct. 10-11 Online Conference Signup!
For years you may have wanted to attend ACSOL’s conference to get all that great information and infusion of hope, but couldn’t afford the travel or hotel costs. This is your chance! The entire conference is being transmitted live through the Internet! But your chance to attend live ends this Wednesday night! For technical reasons, anyone who signs up after Wednesday will not be able to attend live, although you and all other conference attendees will be emailed links to recordings of the conference. Sign up today for just $25!…
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