Judge Denies TRO, Schedules New Hearing on October 1 [updated with media]

An Orange County Superior Court judge denied a temporary restraining order (TRO) requested by Richard Linington, a registered citizen, and Michelle Moreno, his fiancée, during a hearing on August 19 that would have prevented the enforcement of new residency restrictions in the City of Cypress. Also during the hearing, the judge recommended that the City refrain from enforcing the restrictions until an October 1 hearing on a preliminary injunction. “The City of Cypress has an opportunity to maintain the status quo by choosing not to enforce the new ordinance until…

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IN: Suit – Law impedes sex offender’s voting rights

HARTFORD CITY – The American Civil Liberties Union of Indiana on Tuesday filed a federal class action lawsuit on behalf of a Hartford City man concerned that a change in state law might impede his ability to vote. A new law went into effect July 1 that prohibits “serious sex offenders” from entering school property. “One of the consequences of this is that these persons will be prohibited from voting at their designated polling place if it is located on school property,” the ACLU’s suit, filed in U.S. District Court in…

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More fuel for the movement to reform sex offender laws

I’ve written before about the appalling (and unconstitutional) state of our laws regarding prohibitions and restrictions on the activities of convicted sex offenders — restrictions on where they can live, whom they can associate with, the Internet sites they can visit, the jobs they can hold and the places to which they can travel — to which they are subject after they have served whatever sentences were imposed upon them for their crimes. Commenting recently on a decision by the federal district court in Minnesota striking down Minnesota’s egregious post-conviction…

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The system for punishing sex offenders is broken (Opinion)

Think “sex offender,” and you probably picture a creepy guy who likes to lure children to his van with candy. But that’s not the whole picture. The sex offender registry, which currently stands at over 850,000 registered sex offenders, is comprised of many people who should not be lumped into the same category as violent sex offenders and pedophiles. People like teenager Zach Anderson. The 19-year-old had sex with a teenage girl he met through a dating app. The girl said she was 17 – above the age of consent –…

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India: Why it is wrong on the part of the government to propose ‘naming and shaming’ offenders who haven’t been convicted

India, the largest democracy in the world unfortunately possesses a government that leaves a lot to be desired. Leaving no stone unturned to disappoint the very people it was elected to protect, the Indian government has time and again come up with laws and policies that make little or no sense. The latest in line is Union Home Minister Rajnath Singh’s Independence Day announcement that a list of sex offenders would be made publicly available on a national portal, to be launched soon, in order to keep the public alert.…

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Sex Offenders Locked Up on a Hunch [Updated with Responses]

The essence of the American criminal justice system is reactive, not predictive: You are punished for the crime you committed. You can’t be punished simply because you might commit one someday. You certainly can’t be held indefinitely to prevent that possibility. And yet that is exactly what is happening to about 5,000 people convicted of sex crimes around the country. This population, which nearly doubled in the last decade, has completed prison sentences but remains held in what is deceptively called civil commitment — the practice of keeping someone locked…

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SB 448 scheduled for hearing August 24

The Senate Appropriations Committee will consider Senate Bill 448 (SB 448) during a hearing on August 24. If passed, the bill would require registered citizens to disclose internet identifiers to law enforcement officials. The Senate Public Safety Committee passed SB 448 unanimously based in part upon a promise by the bill’s author to amend the bill. According to committee staff, the bill must be amended to limit those who must disclose to an individual convicted of an offense that involved use of the internet. “Senate Bill 448 must be stopped,”…

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REGISTERED CITIZEN SUES CITY OF CYPRESS IN ORDER TO CONTINUE LIVING WITH FIANCEE [updated with media]

A lawsuit filed in Orange County Superior Court on August 13 challenges a new sex offender (“registrant”) ordinance in the City of Cypress that would force registrant Richard Linington to leave the home of his fiancée where he has been living since 2011.  The ordinance, which is scheduled to become effective on August 26, 2015, prohibits registrants from living within 1,000 feet of any school, park, or day care center. The lawsuit seeks a temporary restraining order (TRO) that would maintain the status quo by preventing the ordinance from taking…

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Online Petition: Justice for Zachery Anderson

When my son Zach met a girl through an online dating app, she said she was 17 years old and lived about twenty minutes away. The two decided to meet up and had consensual sex. Zach was a typical 19-year-old studying computer science at Community College — until he found out that the girl had lied about her age and was really 14. Though the girl admitted to lying about her age and even her parents agreed the encounter was completely consensual and that Zach didn’t do anything wrong, Zach…

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Sex Offender Sues Arcadia Over Residency Restrictions

Despite revisions last year to an ordinance that severely limits housing options for potential residents convicted of sex crimes, a registered sex offender has filed a lawsuit against the city of Arcadia that seeks to repeal the law entirely. Recent state court decisions have challenged similar ordinances in other California municipalities, as advocates for sex offenders’ constitutional rights have over the last several years filed lawsuits aimed at rolling back what they claim are unfairly restrictive and discriminatory enforcement actions by Arcadia and a number of other locales statewide. Full…

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MN: Federal judge demands swift action on reforming Minnesota’s sex offender program

Frustrated by legislative inaction, the federal judge who found Minnesota’s sex offender program unconstitutional has threatened a “more forceful solution” if state leaders fail to implement immediate reforms. In a harshly worded order issued Wednesday, Judge Donovan Frank of the U.S. District Court in St. Paul called on the state to correct systemic problems with the Minnesota Sex Offender Program (MSOP), which locks up about 720 sex offenders who have completed their prison terms but are deemed unsafe for public release. Frank gave the state until Sept. 21 to file…

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CA RSOL Meeting in San Diego – September 26

Please join us in San Diego for a monthly meeting on Saturday, September 26, 10 am. The meeting will take place at Cal Western Law School, 225 Cedar Street, San Diego. We will focus on current topics, including pending legislation and legal actions as well as offer an opportunity for networking with others. We welcome registrants, friends and family and other supporters to attend. The meeting is off-limits to media and government officials in order to ensure everyone’s privacy. There is no charge to attend. Show up, Stand Up, Speak…

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A Grandma Reflects on Sex Offender Laws: “My Husband Would Have Gone to Jail”

Following up on the Zach Anderson case — the 19 year old on the Sex Offender Registry for 25 years for having consensual sex with a girl who said she was 17 (but was really 14) — comes this grandma’s letter. The Sex Offender Registry is a Free-Range issue because it grows out of the belief our kids are in constant danger and it perpetuates that belief, by making many non-threatening people like Zach into scary dots on the “maps of local sex offenders.” Full Article (FreeRangeKids)

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CT: Sex Offender Registry Review A Tricky Task [Editorial]

Connecticut’s sex offender registry was created in 1998 to protect the public. Does it work? A committee of the Connecticut Sentencing Commission hopes to answer that question in the next 30 months as it reviews the state’s laws and policies relating to sex offenders. “This is not an easy topic,” said committee co-Chairman Robert Farr, former chairman of the Connecticut Board of Pardons and Paroles. Full Editorial

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