Exposure to HIV Removed from Offenses Requiring Sex Offender Registration in Tennessee 

People living with HIV convicted of criminal exposure can request to terminate registration requirements with the Tennessee Bureau of Investigation (NEW YORK) – On May 17, 2023, Tennessee Governor Bill Lee signed Senate Bill 0807/House Bill 832 into law after it passed the House and Senate in April. The law removes criminal exposure to HIV from the list of violent sexual offenses where a conviction required an individual to register as a sex offender for life. The law will go into effect on July 1, 2023.  Tennessee is one of 30 states that have…

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SORNA Hearing Scheduled for June 5

A federal district court is scheduled to hear oral arguments from both the government and the Pacific Legal Foundation (PLF) on June 5 at 9 a.m.  The topic of the hearing is a pending motion filed by the government to dismiss some, but not all, of the claims in the lawsuit.     An important part of the government’s motion to dismiss is their claim that the SORNA regulations at issue apply to every person convicted of a sex offense even if they are no longer required to register.  PLF has…

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PARSOL Responds to May 23, 2023 SCOPA Hearing

HARRISBURG, PA – The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) strongly urges the Supreme Court of Pennsylvania to uphold Chester County Judge Allison Bell Royer’s finding in the case of Comm. v. George Torsilieri that Pennsylvania’s Megan’s Law Sex Offender Registration and Notification Act (SORNA) is unconstitutional.  Royer found that “SORNA is unconstitutional both facially and as applied to this Defendant on the bases that it employs an irrebuttable presumption that is not universally applicable and because its punitive nature offends Alleyne and Apprendi; results in a criminal…

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ACSOL Seeking Information Regarding Parolees Required to Repeat Treatment Programs

ACSOL is seeking information regarding registrants on parole who have been required to complete more than one treatment program.  CDCR recently admitted in court that they require registrants on parole to continue treatment programs the entire time while on parole.  One California court has ruled that this policy is contrary to state law.   According to statistics from CA Department of Justice, there are more than 7,000 registrants currently on parole.  The parole period for most registrants is 5 to 10 years, however, some registrants are on parole for up to…

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SORNA Case Update: Hearing Set For June 5

There is an update in the pending case challenging the SORNA regulations.  The federal government has withdrawn its appeal of the Preliminary Injunction, however, the federal government is continuing to pursue a motion to dismiss the case.   Although both the federal government and the plaintiffs have waived oral argument regarding that motion, the judge has scheduled a hearing on that motion during which oral argument may be required for June 5 at 9 a.m.  Plaintiffs are required to file their brief opposing the motion to dismiss no later than April…

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Janice’s Journal: Are California Judges Getting Smarter?

There are two recent court decisions, one from an appellate court and the other from a trial court, that may be evidence that California judges are getting smarter on issues of importance to the registrant community. In the appellate court decision, three judges decided that the District Attorney must prove that a person required to register poses a current risk before a court can require continued registration beyond the minimum amount of time required under the Tiered Registry Law. In doing so, the appellate court overturned a trial court decision…

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CA Sex Offender Management Board Discusses Further Improvements to Tiered Registry Law

The California Sex Offender Management Board (CASOMB) continued today its discussions of improvements to the Tiered Registry Law during its regularly scheduled monthly meeting.  During those discussions, CASOMB identified three improvements to that law as their top priorities — removal of CP offenses from Tier 3, creating an off-ramp for those assigned to Tier 3 and allowing registrants to access their profiles on the Megan’s Law website.   Also during those discussions, CASOMB determined that “deeper study” is required before they can make a recommendation regarding either the reduction of PC…

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ACSOL President Catherine Carpenter Identifies, Analyzes Method to Win Court Cases

ACSOL President Catherine Carpenter, who is also an endowed law professor at Southwestern School of Law in Los Angeles, has identified and analyzed a method that can be used to win registrants’ cases in court.  That method, known as the irrebuttable presumption doctrine, shifts the burden of proof to governments when they make allegations such  as that all registrants pose a current danger to society and are very likely to re-offend. “Professor Carpenter has provided an extremely valuable tool to the registrant community in the research she has conducted that…

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WI: MURPHY’S LAW: Supreme Court Race All About Sex Offenders

Which is strange because the state high court will probably never rule on such cases. Just one day after the February 21 primary election, state Supreme Court candidate Janet Protasiewicz released her first ad for the general election, an attack on her opponent Dan Kelly entitled “Predator.” “Dan Kelly won’t keep our communities safe,” the ever-ominous voice of such ads informed us. “As a lawyer Kelly defended child sex predators who posed as ministers in order to prey on vulnerable young girls.” The ad goes on, adding more lurid detail,…

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CA Court Blocks DOJ’s new SORNA Rule Because it Violated Due Process and First Amendment

Los Angeles: A California court last week blocked the Department of Justice’s new Sex Offender Registration and Notification Act rule because it violated due process and the First Amendment. “The DOJ almost never loses these cases. That they lost here goes to show just how far out on a limb the DOJ is with this rule,” said Caleb Kruckenberg, an attorney at Pacific Legal Foundation. “The rule clearly violated due process and free speech protections. And while the court felt bound by precedent to conclude that the rule didn’t violate the…

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Court Grants Partial Motion for Preliminary Injunction in SORNA Regulations Case

A federal district court today issued a decision granting, in part, a motion for preliminary injunction that was pending in the SORNA regulations case. A copy of the court’s decision is being posted today on the ACSOL website, however, ACSOL must wait until the Pacific Legal Foundation (PLF) issues a press release before it publishes an article describing the court’s decision. PLF  issued a press release regarding the decision on Wednesday, January 18.  A copy of that press release is posted here on the ACSOL website.   Download the PDF…

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International Travel 2023

This post is intended as a place for discussions about International Travel ONLY. For more information and previous discussions on the topic, please see International Travel 2022, International Travel 2021, International Travel 2020 and International Travel 2019. In this International Travel 2023 post, the information is identical to the International Travel 2022 post. We added a new post for 2023 in order to keep the discussion manageable. Please help us by sticking to the topic of International Travel only. ==== From 2020: We have updated our main International Travel section. It…

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Janice’s Journal: Don’t Feed Oxygen to a Fire

ACSOL is aware that articles have been published and TV reports have been broadcast that are spreading misinformation about alleged early releases from prison of several hundred registrants in California.  These false articles and reports claim that the registrants pose a current danger to the public.   ACSOL has decided not to publish these articles and TV reports on its website because they are not based on reality.  Instead, they are based on unsupported allegations made by an attorney in California who is a former prosecutor.  The same attorney is also…

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