[ACSOL] The California Department of Justice has issued an Information Bulletin directing law enforcement agencies how to remotely register individuals convicted of a sex offense. The information in the bulletin is being issued to provide guidance regarding implementation of the Governor’s Executive Order issued on May 8. According to the Information Bulletin, law enforcement officials are to confirm all data fields on the registration forms. They are then to sign the registration form noting that the form was “completed on behalf of and with consent of” the registrant. The Information…
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NC: Registrants Win in North Carolina Court
[ACSOL] A federal trial court in North Carolina has ruled in favor of registrants whose out-of-state convictions were determined by law enforcement to be “substantially similar” to sex offenses in North Carolina. As a result of this decision, registrants who were convicted of an out-of-state sex offense prior to December 1, 2006, and who also moved to North Carolina prior to that date are no longer required to register. The foundation of the Court’s decision was a violation of the substantive due process provision of the 14th Amendment. Specifically, the court…
Read MorePA: Court Determines Annual Registration, Internet Publication Punishment
[ACSOL] The Commonwealth Court of Pennsylvania issued an important decision on May 11, 2020, in which it determined that annual registration as well as publication of a registrant’s personal information on the internet constitutes punishment. The petition in this case committed a sex offense prior to the effective date of these requirements. According to the Court, annual in-person registration “imposes affirmative restraints and probation-like conditions.” The Court determined that the annual registration requirement was excessive. The Court also ruled that the state law requiring the posting a registrant’s personal information…
Read MoreInside an innovative program helping sex offenders reintegrate into society – and why it works
[theconversation.com – 5/10/20] In recent years, the biggest increases in Australia’s prison population have come from people convicted of sexual offences. From 2017-18, this segment of the prison population increased by 10%. The following year, it was up again by 7%. As a corollary, more and more sexual offenders are being released from prisons back to our communities. Understandably, a great deal of public concern often accompanies the release of sexual offenders, especially those who have committed offences against children. Despite this, very few programs exist to support sexual offenders…
Read MoreJanice’s Journal: The Stage Is Set, But Will the Players Play
California Governor Gavin Newsom has set the stage for the end of in-person registration during the COVID-19 pandemic. He did so by issuing an Executive Order that authorizes and encourages law enforcement agencies to remotely register individuals telephonically and by other means. The reason for these remote procedures, according to the Order, is to protect both law enforcement personnel as well as registrants. We acknowledge that the Governor’s order is a suggestion, not a mandate. There are no penalties for law enforcement agencies that choose to disregard it. But the…
Read MoreCA: Governor’s New Executive Order Encourages Remote Registration
[ACSOL] California Governor Gavin Newsom has issued a new Executive Order that encourages law enforcement agencies “to adopt telephonic, remote, or other procedures for registration” for a period of 60 days. The Order also encourages law enforcement agencies to “post or publicize” any new registration procedures it adopts “through means calculated to reach any person subject to the (Sex Offender Registration) Act.” “Governor Newsom has demonstrated both leadership and compassion by issuing an order that encourages law enforcement agencies to stop in-person registration for 60 days,” stated ACSOL Executive Director…
Read More8th Circuit Deems Failure to Register a “Crime of Moral Turpitude”
[floridaactioncommittee.org – 5/8/20} The US Court of Appeals for the Eight Circuit ruled yesterday that Failure to Register as a Sex Offender constitutes a crime of moral turpitude. In Bakor v. Barr, the Petitioner, a permanent resident of the United States, challenges his deportation back to his native country. Under the Immigration and Nationality Act, the Attorney General may remove an alien “who at any time after admission is convicted of two or more crimes involving moral turpitude.” Read the full article Read the opinion PDF on uscourts.gov website
Read MoreKat’s Blog: They Are Us
For many of those charged with sexual offenses, law enforcement may be the unfriendly enemy. Police have the unfortunate job of enforcing laws that dictate where we go, who we see, what we do. They search our homes, ask invasive questions, make our lives and those of our family down-right miserable. The very sight of blue uniforms and police cars can drive up our blood pressure and make us second-guess our actions. While police are not necessarily the law makers, they are the enforcers and often the object and target…
Read MoreOH: Coronavirus In Ohio: People With Sex Offenses Risk Health For In-Person Registration
[radio.wosu.org – 5/7/20] Even as most Ohioans are encouraged to stay home during the coronavirus pandemic, people convicted of sexual offenses are still required to register in person. Some Ohio counties and even nearby states have waived that in-person requirement, but most, including Franklin County, have not. “So we are crossing over to the records department here in Franklin County where they make everyone start their registration journey,” says Zach Ruppel. Ruppel is familiar with this journey: He often walks people through the sex offender registration process for their first…
Read MoreAustralia: Alleged sex offenders to lose anonymity under changes to South Australian law
[msn.com – 5/7/20] South Australian legal reforms that strip alleged sex offenders of their right to anonymity have been hailed as an important safety measure by the victim of a notorious paedophile. But senior legal figures have warned the change could lead to vigilante justice and destroy the reputations of those who are charged but later acquitted. The changes, which have come into effect today, mean anyone charged with a sex offence can be named from their first court appearance. One of two brothers preyed on by convicted paedophile Vivian…
Read MoreFL: Court: Miami jail can’t be forced to give inmates soap, tests during coronavirus outbreak
[miamiherald.com – 5/5/20] A federal appeals court has blocked, for now, a judge’s order forcing Miami-Dade County to give masks, soap and cleaning supplies to inmates at a jail wracked by the novel coronavirus. The U.S. 11th Circuit Court of Appeals on Tuesday said that Miami District Court Judge Kathleen Williams overstepped the law when she ruled that inmates at the Metro West Detention Center must get the supplies — and also be tested for COVID-19, as well as people who have been in contact with them. “To avoid contempt,…
Read MoreCA: Sexual assault suspect released from Santa Rita jail due to COVID-19
[kron4.com – 5/5/20] An emergency order to release non-violent inmates from jail due to COVID-19, appears to have been used to release a violent sexual assault suspect, according to an East Bay city official. The council that wrote the order says that was not the intention. “When the bail motion was made we strenuously objected to it,” Alameda County District Attorney spokesperson Teresa Drenick said. “The attorney specifically petitioned Judge Reardon to reduce his bail,” Livermore Mayor John Marchand said. There is controversy regarding the an Alameda County Superior Court…
Read MoreCA: ACSOL Sues Fresno Cops For Forcing Sex Offenders To Appear Amid COVID-19
[law360.com – 5/3/20] Authorities in Fresno, California, are inflicting “cruel and unusual punishment” on registered sex offenders and violating the U.S. Constitution by requiring the individuals to appear in person for registration updates during the coronavirus pandemic, three offenders contend. In an April 28 complaint filed in the Eastern District of California, those John Doe plaintiffs say the Fresno Police Department and the Fresno County Sheriff’s Office are running afoul of the Eighth and 14th Amendments and the California Sex Offender Registration Act by requiring convicted sex offenders to physically…
Read MoreNevada Registrants Are Needed for Plea Bargain Study
[Janice approves this study] Dr. Lisa Anne Zilney of Montclair State University in New Jersey is looking for Nevada research participants for a study titled “Contextualizing the experiences of sexual offenders“. These are the qualifications you must have: You must be in Nevada. You must be a registered sex offender. You must have had a tier change due to the 2018 Adam Walsh Act. Specifically we are looking for individuals who were tier 0 or tier 1. You must be 18+ years. It doesn’t matter if you are male or…
Read MoreKat’s Blog: The Pandemic Without Computer Access
During the coronavirus pandemic, when an individual’s virtual lifeline to the rest of the world depends on internet access, some registrants, especially many of those on parole, continue to be denied computer/internet access. While the pandemic affects everyone, with businesses closed, when even our physicians don’t want us coming to their office, many registrants on parole are without computer access, a technology that has become a basic function and a necessity for daily living. Now more than ever, we must be online to keep in touch with loved ones, order…
Read MoreVolunteers needed for study: Parents or adult children of someone incarcerated
[Channel Islands California State University] [Approved by Janice] Are you the parent or the adult child of someone incarcerated? Do you experience stigma because of it? How does the experience affect your quality of life? What helps you cope? Researchers at California State University Channel Islands are seeking parents and adult children of the incarcerated to participate in a research study. The study consists of questions taking 30-40 minutes to complete. Participants will be entered to receive a $20 VISA gift card. To find out more about the study…
Read MoreNE: Scammers targeting Madison County sex offenders
[kearneyhub.com – 4/20/20] The Madison County Sheriff’s Department has received complaints about unknown callers claiming to be representatives of the department. The calls specifically target registered sex offenders and make various threats or demands of money, according to a Facebook post from the sheriff’s department. The callers identify themselves as either Sgt. Downs or Sgt. Lyle, neither of whom work for the Madison County Sheriff’s Department. Read the full article Past quotes from Janice: “If you receive a call that demands immediate payment for a failure to register, be on…
Read MoreCA: 7 Sex Offenders Released Early Due to COVID-19 in Orange County Despite Parole Violations
[nbclosangeles.com – 4/30/20] Seven sex offenders who violated parole were released from jail early as part of the Orange County Sheriff’s Department reducing its inmate population during the COVID-19 pandemic. The sex offenders were released months before schedule, despite being charged with violating their parole by cutting off their GPS monitors and tampering with their tracking devices, according to the Orange County District Attorney’s Public Information Officer Kimberly Edds. California law requires sex offenders who violate their parole in this way to serve six months in jail, but many of…
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