Putting Trump’s Travel Ban and IML into Perspective

It’s been just over one week since Trump’s Travel Ban targeted certain immigrants and global citizens.  For those who followed this act day by day, it was very tumultuous week.  During the first few days, foreign green card holders and visa holders were instantly deported back to the country where their flight came from.  Some were detained for questioning by DHS and released.  The US government revoked between 60,000 and 100,000 visas that it previously approved for travel.   Civil rights and immigration attorneys quickly filed lawsuits.  One week later,…

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Lawsuits target California cities for residential restrictions on sex offenders

The City of Fullerton will consider repealing residency restrictions on sex offenders at its Tuesday City Council meeting. The city currently prohibits registered sex offenders from residing within 2,000 ft. of any school, park or day care center. But a 2015 California Supreme Court decision struck down similar restrictions in San Diego County, and the decision has been widely interpreted as a rollback of statewide residency restrictions established by voters in 2006 through Proposition 83, known as Jessica’s Law. Full Article

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WI: Perfectly legal – Sex offenders living inside child safety zones the norm in Wisconsin, otherwise, they’d be homeless

Municipalities have ordinances restricting where sex offenders can live. Most people support the idea because it helps us feel safe, but what the politicians who passed the rules probably didn’t tell you is that sex offenders who lived near a school, park, playground, daycare or other protected place before the ordinance, can stay there. In fact, they almost have to. Full Article

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NV: Attorney General Wants Tougher Lifetime Rules for Sex Offenders

Attorney General Adam Laxalt said Thursday he has requested legislation to allow the state’s parole system to impose additional lifetime conditions on sex offenders. Assembly Bill 59, drafted by Laxalt’s office, comes because of the McNeill v. State Nevada Supreme Court ruling in which the state Board of Parole Commissioners was found to not have the authority to put certain conditions on sex offenders. Proposed conditions in the legislation include warrantless searches of an offender’s residence and property, curfew requirements and requirements to participate in programs. Full Article

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Janice’s Journal: We Have Spoken!  We Have Been Heard!  We Will Return!       

We have spoken!  We have been heard!  We will return! Those three statements were uttered this week by 36 registrants, family members and supporters who met with elected officials and staffers in the State Capitol in Sacramento. It was the largest group EVER to lobby in support of registrant issues.  It was the largest group EVER to describe the challenges faced by registrants and their families. They spoke about how hard it is to find a place to live.  Landlords don’t want to rent an apartment to a family because…

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Say no to restorative justice for sex offenders (Opinion)

The debate around the Senate’s possible confirmation of Betsy DeVos, President-elect Trump’s nominee for Education Secretary, should kick start a national discussion on how colleges and universities handle sexual assault. Recently, much of that conversation has revolved around “restorative justice,” programs that aim to respond to misconduct or crime by redressing the harm inflicted on victims and the community, rather than simply punishing offenders. As a victim of childhood sexual abuse myself and an attorney who now represents sexual assault survivors every day, I can say without doubt that restorative…

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President Trump Nominates Judge Neil Gorsuch to the US Supreme Court

Today, President Donald J. Trump nominated Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit to fill the Supreme Court vacancy created by the passing of Justice Antonin Scalia. The nomination of Judge Gorsuch comes after a selection process marked by an unprecedented level of transparency and involvement by the American voters. White House News Release

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ACSOL Members Conclude Early Lobbying Efforts (update from 1/31)

February 1: After meeting in the offices of all newly elected members of the state legislature as well as members of the Senate Public Safety Committee, more than 35 ACSOL members concluded their early lobbying efforts on January 31. “We educated the newly elected members and staff regarding the need for a tiered registry based upon empirical evidence as well as the harm that could be caused by prohibiting all registrants from visiting all K-12 schools for all reasons,” stated ACSOL president Janice Bellucci. The ACSOL members were organized into…

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Sex Offender Laws: Fair for Some, Draconian for Others

In my previous posting to this site, “Is it Automatically OK to Hate Sex Offenders?,” I discussed the various types of sexual offenders, noting that some are more likely to respond to treatment and less likely to reoffend than others. In this follow-up article, I discuss the fact that even though not all sex offenders are created equally, they are uniformly subjected to the same highly punitive and largely inflexible sentencing laws. Full article

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Accepting that others can change is often difficult

Many residents hearing about a sexually violent predator possibly being released from a state hospital to Lincoln want to prevent that move. Having a sex offender living nearby is scary. We want to keep family members safe and protect them from anyone who is dangerous. But how can parents do that if they’re living next to someone who committed horrendous crimes on innocent victims, oftentimes children who can’t defend themselves? Full Article Also see Criminal controversy

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IL: Prison sentences served, but sex offenders stay locked up

____ ____ was originally sentenced to three years of probation after his conviction in 2011 on charges of aggravated child pornography. ____ is impoverished and homeless. And after he was found violating his parole by sleeping in the doorway of a church, Murphy was ordered to serve his sentence in prison. He finally was approved to be released from custody in March, 2014, into the state’s mandatory supervised release program. But because he is homeless and cannot find a place to live that satisfies the myriad of restrictions and regulations,…

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Packingham v. North Carolina – Oral Argument February 27

Issue: Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state’s registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among their users, if the site is “know[n]” to allow minors to have accounts, is permissible, both on its face and as applied to petitioner, who was convicted based on a Facebook post in which he celebrated dismissal of a traffic…

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The government made me a sex offender

I stood silently as the customs official swiped my passport through the card reader at his station. He swiped it again then lifted his head and stared at me judgmentally. Turning to his terminal, he began typing frantically. “Is something wrong?” I asked, knowing that something indeed was wrong. “Is it the magnetic strip?” “No,” he stated tersely. “The computer has flagged you as a sex offender.” He called out something like, “I need an assist,” and a rather large agent quickly approached. “Sir, you need to go to secondary.…

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