[Updated 6/18 with Ira and Tara Ellman comments] The Alliance for Constitutional Sex Offense Laws (ACSOL) has submitted formal comments regarding proposed Tiered Registry petition forms to the Judicial Council of California. The deadline for submitting formal comments regarding the proposed forms is June 9, 2020. “The comments submitted by ACSOL are based, in large part, upon input received from ACSOL members,” stated ACSOL Executive Director Janice Bellucci. ACSOL provided a total of eight comments in an eight-page letter to the Judicial Council. The letter includes as an enclosure a…
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Living with 290: Wife not allowed in country
After 11 years of marriage we spent the last two, trying to get my wife allowed in the US from the Philippines. I am retired and she is 9 years my younger. We have no children and we lived together until the USCIS quoted the Adam Walsh Act and denied my wife entry. The case was a consensual case, but i took the plea deal, served no prison and six month in county. No recommendations for ” rehabilitation” in file as i am not a predator . One crime in…
Read MoreMI: Lawmakers debate changes to states sex offender registry law after court ruling
Michigan lawmakers are debating how to overhaul the state’s sex offender registry after a federal appeals court ruled sections of the law are unconstitutional, but Michigan Attorney General Dana Nessel is contending the proposed fixes don’t repair the law’s flaws. Full Article
Read MoreGeneral Comments June 2020
Comments that are not specific to a certain post should go here, for the month of June 2020. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.
Read MoreTX: Unfavorable Decision in the Hearn Case
From TexasVoices: As many of you are aware our constitutional claim rested on the U.S. Supreme Court’s decision in Santobello v. New York. In Santobello the Supreme Court ruled a state violates substantive due process under the Fourteenth Amendment when it breaches a plea bargain agreement with a criminal defendant. In our case the State of Texas did just that: it changed state law to require Jack, Donnie and Jimmy to register for life, long after they accepted a plea bargain agreement in their criminal cases. The negotiated terms of…
Read MoreCA: Federal Judge Denies TRO Request to Stop In-Person Registration
A federal district court judge denied today a request for a Temporary Restraining Order (TRO) that would have immediately stopped in-person registration in Fresno County. The judge accepted statements from the county that the current registration process is “no contact,” socially-distanced, and takes places outdoors. The judge did not allow registrants an opportunity to dispute those statements in a reply brief. Nor did the judge make reference to the Executive Order issued by Governor Gavin Newson on May 8, 2020, encouraging remote registration. “The court’s decision to deny our TRO…
Read MoreIN: COA – Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot. Full Article
Read MoreCA: Public Defender seeks removal of OC DA from sex offender parole violation cases
The Orange County Public Defender’s Office is seeking to have the Orange County District Attorney’s Office removed from prosecuting five sex offenders accused of violating parole after they were released early from local lockup. Full Article Related CA: 7 Sex Offenders Released Early Due to COVID-19 in Orange County Despite Parole Violations https://www.mercurynews.com/2020/05/12/six-sex-offenders-whose-early-release-was-criticized-by-orange-county-da-are-arrested-again/
Read MoreCA Supreme Court Denies Review of Challenge to In-Person Registration
The California Supreme Court issued an order today denying ACSOL’s challenge to in-person registration requirements by local law enforcement agencies during the COVID-19 pandemic. The Court’s decision to deny review is based upon the fact that the Governor issued an Executive Order earlier this month that encourages, but does not require, local law enforcement agencies to remotely register individuals. In its short decision, the Court cited only part of the Executive Order which suspends the taking of fingerprints and photographs as well as the requirement to sign and initial the…
Read MoreCA: Oakland police suspend sex offender registrations during COVID-19 pandemic
Due to the threat from the coronavirus, the Oakland Police Department has closed its registry unit where many of the city’s sex offenders are required to check in every month, officials said. Now, the city of Oakland has no up-to-date addresses or other important information on hundreds of offenders – particularly transient sex offenders – raising concerns from victims’ advocates and offenders who are trying to register alike. “We’ve put a whole population at risk and I find that very, very concerning,” said Nina Salarno-Besselman, an attorney with Crime Victims…
Read MoreMay Newsletter from the Sex Offense Litigation and Policy Resource Center
The Sex Offense Litigation and Policy Resource Center distributes electronically, and free of charge, a monthly newsletter detailing new caselaw, scholarship, and other important developments in the field of sex offense litigation and policy. May Newsletter
Read MoreA $5 Billion Proposal to Fight Online Child Sexual Abuse
New legislation would try to curb the illegal imagery with record levels of funding for law enforcement. The bill, coming in response to a Times investigation, also calls for a new oversight position in the White House. Full Article
Read MoreGeneral Comments May 2020
Comments that are not specific to a certain post should go here, for the month of May 2020. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.
Read MoreLiving with 290: Advice, please
I feel so very sad for my son. He was in prison on pumped up accusations and now has a monitor on. He has suvere nightmares and PTSD. Because of the Covid19 he can’t get into mental health or get any medicine for anxiety. He was told at sentencing his parole would be 3 or 5 years but they bumped it up to 10. Can he ever get the parole lowered? Can he get the monitor off soon? Will he be able to get an out of county transfer? He…
Read MoreWhy Will This FBI Agent Not Be Prosecuted for Child Porn?
We don’t know why the Department of Justice declined to prosecute the supervisory FBI analyst who “knowingly possessed child pornography” in violation of federal law. We don’t know how many images he or she possessed. We don’t know the identity of the child or children who were exploited for the sexual gratification of this FBI supervisory analyst. We don’t know what vile sex acts the child was coerced into performing. We don’t know whether the supervisory FBI analyst supervised cases involving child pornography or whether he or she steered law…
Read MoreACSOL Files TRO Application in Los Angeles Superior Court
The Alliance for Constitutional Sex Offense Laws (ACSOL) has filed an application for a Temporary Restraining Order (TRO) in Los Angeles Superior Court. If granted, the TRO would require both the Attorney General and the Los Angeles Sheriff’s Department to temporarily stop in-person registration during the COVID-19 pandemic. The TRO application, filed yesterday, requests a hearing or a decision without a hearing on April 14. “In-person registration continues to threaten the lives of registrants, their families, law enforcement and the public because it increases the risk of infection from COVID-19,” stated…
Read MoreIL: Lawsuit – Release Sex Offenders Who Have Served Their Time
Sex offenders who have completed their sentences but are still being held in Illinois prisons should be released as part of the effort to reduce the state’s prison population during the COVID-19 crisis, according to a lawsuit filed in federal court. The request for a temporary restraining order was filed on behalf of Marcus Barnes, a sex offender held at Graham Correctional Center, and about 300 other sex offenders who remain in prison because they have not located state-approved housing required for their release. Full Article
Read MoreJanice’s Journal: The Punishment Does Not Fit the Crime
A registrant died yesterday in a Florida jail. He was put into that jail about 60 days ago because he forgot to report his new home address to local law enforcement. The price he paid for his forgetfulness was death. Death due to exposure to the coronavirus. A local public defender tried to get this man released from jail. The public defender knew the risk of infection in that jail was high because more than 20 people, including inmates and staff, had already been infected. The prosecuting attorney also knew…
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