Janice’s Journal: A Difficult Decision

The vigil planned for Washington, D.C., in March 2023 was my idea.  My idea was a vigil that would take place near the date of the 20th anniversary of a terrible mistake made by the U.S. Supreme Court.  A mistake that has led to significant harm experienced by at least one million families.  A mistake that had led to unemployment, homelessness, vigilante violence and even suicide. The purpose of the vigil was to educate the U.S. Supreme Court and the public regarding the tragedies that have flowed from this decision. …

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Janice’s Journal: 7th Circuit Court of Appeals: Don’t Bother Us With the Facts

The requirement to wear a GPS device is often levied upon individuals required to register.  That requirement, however, is usually temporary and lasts no longer than the time in which a registrant is supervised under parole. The duration of that requirement was dramatically changed, however, in a recent decision issued by the 7th Circuit Court of Appeals regarding a Wisconsin law that requires individuals convicted of a sex offense on two or more separate occasions to wear a GPS for life.  In that decision, the Court approved this Draconian requirement. …

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Janice’s Journal: The Wheels of Justice are Moving

The wheels of justice are moving in California and across the nation.  Perhaps the wheels of justice will take us to The Tipping Point where the public will recognize there is no need for registries and that those currently listed on a registry as well as their families will be allowed to lead peaceful and productive lives. In California, a significant lawsuit was filed in federal court this week that challenges the SORNA regulations that became effective earlier this year.  The lawsuit includes a request for an injunction which, if…

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Janice’s Journal: Angry Uninformed Members of Public Attack Registrants’ Home

It’s happening again.  A group of angry, uninformed members of the public are attacking a home where registrants on parole are living. The location this time is Fairfield, California, located between Sacramento and San Francisco.  The angry mob’s weapons of choice are loud protests outside the home as well as the posting of signs at the home, down the street from the home and even at the places where some of the registrants work.   Members of the angry mob have also honked their car horns for 15 minutes or longer…

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Janice’s Journal: Future U.S. Supreme Court Justice: Friend or Foe?

Although it hasn’t happened yet, it is highly likely that Ketanji Brown Jackson will soon be confirmed as an associate justice of the U.S. Supreme Court.  The question is will Future Justice Jackson be a friend or a foe of the registrant community? It is clear that Ketanji Brown Jackson will be the first African American woman to serve as a U.S. Supreme Court justice.  It is also clear that Ketanji Brown Jackson will be the first former public defender to serve as a U.S. Supreme Court justice.  Both are…

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Janice’s Journal: Fear Obscures Fact

A recent TV news show on a completely different topic recently introduced me to the phrase, “Fear Obscures Fact.”  That short phrase struck a nerve as it concisely explains one of the major obstacles in the registrant community. There is a plethora of data in studies and reports from both government and academia stating the facts.  For example, the rate of re-offense for individuals required to register is very low and continues to decrease the more time they spend in the community.  This rate of re-offense is as low as…

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Janice’s Journal: Preparing for Challenges to SORNA Regulations

The new SORNA regulations became effective today. We do not like them and yet they are here. The question is what are we going to do about it? It is important that every registrant remember that although the new SORNA regulations are now effective, most registrants have not yet received a government notice that their registration requirements have been changed. Without that notice, registrants have an affirmative defense if they are charged with violating any of the regulations. This is not a time to panic. However, it is a time…

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Janice’s Journal: 23 Years of Registration For a Rape That Didn’t Happen

What if I told you that I know a man who spent 23 years on the registry for a rape that didn’t happen?  Your first instinct might be to deny that could occur.  After all, there are safeguards in the criminal justice system that should not allow it. First, the police must have evidence in order to arrest a man.  Second, the prosecutors must have evidence in order to try him.  Third, the public defenders must provide the man with sound legal advice regarding whether or not to enter a…

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Janice’s Journal: Proposed SORNA Regulations Can Be Defeated

Perhaps it is fitting that the proposed SORNA regulations, which were dormant for more than a year, have resurfaced during the week before Halloween. That is because the proposed regulations can be viewed as a creature often reported to be seen on Halloween, that is, a vampire. Vampires come in many shapes and sizes. For example, there are vampire bats which are small in size but are capable of killing much larger animals, even humans. There is also Count Dracula, a vampire, who may or may not have lived, but…

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Janice’s Journal: But It’s Not Punishment

As Executive Director of ACSOL, I communicate with registrants and their families almost daily on a variety of topics.  One of the saddest types of calls I receive are from registrants who were recently released from custody for an offense that is not a sex offense. These calls are sad because they are about the fact that a person is being required to comply with the same parole conditions required of a person just released from custody after a sex offense conviction.  These calls are also sad because there are…

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Janice’s Journal: Uneven Results in Beginning of Petitioning Process

[ACSOL] The petitioning process under the Tiered Registry Law has begun.  A quick look at the first 60 days of the process shows uneven results. The best news is that two petitions have already been granted.  Both petitions were filed in San Diego County and both petitions did not trigger an objection from the county’s District Attorney. The good news is that court personnel and other government officials at most locations are trying to help registrants who file their own petitions as well as attorneys who file petitions for their…

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Janice’s Journal: Educating the U.S. Supreme Court

How can we educate the U.S. Supreme Court when they refuse to listen?  One way is to make noise at their place of business so that they can no longer ignore us. That is the foundation for the plan announced yesterday to hold a vigil on the steps of the U.S. Supreme Court on March 7, 2023, near to the 20th anniversary of the Court’s infamous decision, Smith v. Doe. In that decision, the Court made a terrible a mistake, a mistake that has caused and continues to cause significant…

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Janice’s Journal: Independence for Some, Continued Registration for Others

There are two significant dates about to converge in a few days.  Both offer independence to some, but not all. The first of the two dates is July 1 when some registrants in California will be able to petition for the first time their removal from the registry.  The size of this group will expand during the next 12 months when eligible registrants celebrate their birthdays.  That is because otherwise eligible registrants must wait until their first birthday on or after July 1 in order to submit their petitions. There…

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Janice’s Journal: Two Men Required to Register Murdered This Week

Two men, who were required to register as sex offenders, were murdered this week.  Each murder is a tragedy.  Together the murders should serve as a wake-up call that vigilante violence against registrants has returned. The first murder took place on Monday in a Delaware prison when Phillip Langell, who was 69 years old, was stabbed, punched and strangled by his cellmate.  The cellmate is a 55-year-old skinhead convicted of multiple violent offenses and sentenced to life without parole. Perhaps I have watched too many prison movies during the pandemic…

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Janice’s Journal: Waiting for the Other Shoe to Drop

[4/29/21 Updated with link (see end of post)] As we approach the end of April 2021, we are waiting for the “other shoe” to drop.  In fact, we are waiting for two shoes to drop. The larger shoe comes in the form of SORNA regulations proposed by the federal government nine months ago.  The regulations, if finalized, would result in great uncertainty for more than 950,000 registrants and their families. That is because the regulations would require registrants to meet new federal requirements, such as the disclosure of all internet…

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Janice’s Journal: Worse Than Murder?

As Executive Director of ACSOL, I listen every day to concerns expressed by registrants and/or their family members.  Many of those concerns are focused upon challenges that registrants face in employment and housing.  This column does not address those challenges. Instead, it addresses the overarching issue that registrants are often treated worse than individuals convicted of murder.  Regardless of the sex offense for which they have been convicted or the number of years that have passed since that conviction. I have known this fact for many years.  The most obvious…

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Janice’s Journal: We’ve Got Your Back

The Alliance for Constitutional Sex Offense Laws (ACSOL) was created about 10 years ago to protect registrants and their families from a constant and continual assault of new laws that added additional challenges to daily life.  The challenges included restrictions on where a registrant could visit, where a registrant could live and whether a registrant could celebrate Halloween. During this 10-year period, ACSOL and its foundation has filed more than 100 lawsuits which have resulted in the repeal or non-enforcement of every presence restriction and residency restriction for registrants who…

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Janice’s Journal: Tiered Registry Law and Its Early Implementation Significantly Flawed

The Tiered Registry Law, passed in 2017, became effective this month more than three years after it became law. During that long period of time, more than 100,000 people convicted of a sex offense closely watched as the California state government slowly released information regarding the law’s implementation. One positive step in the implementation process was the public release of draft forms that registrants will be required to use when petitioning for removal from the registry. This step included both the opportunity for the public to comment on the draft…

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