Source: ACSOL The federal district court in Arkansas where a lawsuit has been filed challenging a Halloween sign requirement set a hearing in the case for May 2 at 1:30 p.m. in the fifth floor courtroom in Fayetteville. The purpose of that hearing is “to assess the pretrial needs of the case.” According to the court document, the trial date for the case will also be set during that hearing. Prior to the May 2 hearing, both parties are required to file several documents, including an important document that is…
Read MoreCategory: ACSOL News
Attorney Chance Oberstein Resigns from ACSOL Board
Criminal defense attorney Chance Oberstein has resigned from the ACSOL Board of Directors. According to an email from Mr. Oberstein dated December 24, 2023, his resignation was effective on that date. “I would like to take this opportunity to express my deepest appreciation for the experiences and growth I have gained while serving on the board,” Mr. Oberstein wrote. “I am grateful for the trust and support that the board and ACSOL have given me during my tenure.” Mr. Oberstein served on the board of directors for about 10 years. …
Read MoreSave the Date: Lobby Day in Sacramento on March 6, 2024
It’s time to save the date for the next Lobby Day in Sacramento. The date is Wednesday, March 6, starting at 9 a.m. Lobby Day training will be held at the Hyatt Regency Hotel, 1209 L Street, and after training, lobbying will take place in the legislative offices nearby. The primary focus for Lobby Day 2024 will be improvements to the Tiered Registry Law. “ACSOL lobbied for about seven years for a Tiered Registry Law, however, the final law reflects political compromises that harm registrants and are not supported by…
Read MoreCA Court Denies Government’s Demurrer
Source: ACSOL A judge in Los Angeles Superior Court today denied a demurrer filed by the government in a case that challenges CDCR’s blanket policy that requires all registrants on parole to continue treatment the entire time they are on parole. Treatment includes group counseling, individual counseling and/or polygraph examinations. According to the lawsuit, CDCR’s policy is in violation of state law because that law requires CDCR to assess on a case-by-case basis whether a registrant requires more than one year of treatment. The state law also allows superior court…
Read MoreCASOMB Approves Tiered Registry Law Recommendations
The California Sex Offender Management Board (CASOMB) today formally approved several recommended changes to the Tiered Registry Law. The changes include (1) reduction from Tier 3 to Tier 1 for those convicted of felony possession of child pornography and (2) reduction from Tier 3 to Tier 2 for those convicted of lewd or lascivious acts with a 14 or 15 year old. In addition, CASOMB approved reduction from Tier 3 to Tier 2 for those convicted of three offenses involving communications with a minor – PC 288.2, PC 288.3 and…
Read MoreMO: Federal Judge Sets Trial Date for Halloween Sign Case in Missouri
Source: ACSOL A federal judge today set March 27, 2024, as the trial date for the Halloween sign case in Missouri. The trial will be conducted before the judge only, with no jury, in Halloween case – U.S. District Court, Eastern District, in St. Louis – Court Order – Trial Setting etc. The trial will be open to the public. During the trial, the court will consider both whether the Halloween sign requirement violates the First Amendment and whether to issue the existing statewide temporary restraining order (TRO) on a…
Read MoreMissouri good news! 8th Circuit Court of Appeals Upholds TRO, Denies AG’s Motion
In a terse two-sentence decision issued today, the 8th Circuit Court of Appeals upheld a Temporary Restraining Order (TRO) issued by the federal district court on Friday. As a result, registrants in Missouri are not required to post a sign on the front door of their home on Halloween this year. “We are grateful that the 8th Circuit Court of Appeals decided to protect registrants as well as their families and homes,” stated ACSOL Executive Director Janice Bellucci. “It was a difficult battle and we won!” The specific ruling today…
Read MoreBrief Opposing AG Attempt to Block TRO Has Been Filed
Updated 10/30: The 8th circuit upholds TRO! Click here to read the good news Click here to read Janice’s Journal about this Original article: A brief opposing an attempt by the Attorney General (AG) of Missouri to block a Temporary Restraining Order (TRO) issued last week by a federal district court has been filed. The 8th Circuit Court of Appeals is expected to issue a decision later today regarding whether to overturn the TRO. The brief filed today on behalf of plaintiff Thomas Sanderson outlines several…
Read MoreMissouri TRO Challenged by Attorney General
The Attorney General of Missouri has filed a motion for emergency stay that, if granted, would allow the government to enforce a state law that requires registrants in that state to post a sign on the front door of their homes on Halloween. This motion was filed in the 8th Circuit Court of Appeals after business hours on Friday. According to this motion, the federal district court lacks jurisdiction to issue a statewide Temporary Restraining Order (TRO). The motion then requests the appellate court either to stop the TRO completely…
Read MoreFederal Court Grants TRO Stopping Halloween Sign Requirement for Registrants in Missouri
A federal court today granted a Temporary Restraining Order (TRO) that, in effect, stops a Halloween sign requirement for all registrants in Missouri. Specifically, the court order rules that state and local governments in Missouri “are temporarily enjoined from enforcing” the Halloween sign requirement. The court order leaves in place additional Halloween requirements such as turning off all outside residential lighting after 5 p.m. on Halloween. “This is a significant victory for registrants in Missouri,” stated ACSOL Executive Director Janice Bellucci and lead counsel in the lawsuit. “They will not…
Read MoreMO: Briefs Filed Regarding Request to Stop Missouri’s Halloween Sign Mandate
Source: ACSOL Briefs have been filed by both parties, in support of and in opposition to, a motion for a Temporary Restraining Order (TRO). If the motion is granted, registrants in Missouri would not be required to post signs on the front door of their homes on Halloween. Plaintiff’s reply brief was filed today as required by the court. That brief focuses on the fact that the sign mandate violates the First Amendment because it is compelled speech, required by the government and objected to by the registrant. The brief…
Read MoreCA: Trial Date Set for Case Involving Attempted Offenses
Source: ACSOL A trial date has been set in a pending case that challenges the tiering of individuals convicted of an attempted offense. The date for the bench trial (no jury) is March 25, 2024. The trial will be held in Los Angeles Superior Court, Department 76, starting at 8:30 a.m. and is expected to last no longer than one day. The California Department of Justice (CA DOJ) is currently assigning individuals convicted of an attempted offense to the same tier as individuals completed of a completed offense. As a…
Read MoreCASOMB Expands Recommendations for Tier Reductions
The California Sex Offender Management Board (CASOMB) today approved tier reductions for those convicted of three offenses — Penal Code Sections 288.2, 288.3 and 288.4 — who are currently assigned to Tier 3 which requires lifetime registration. All three offenses involve either the sharing of harmful material with a minor of arranging a meeting with a minor. “This is a remarkable and positive recommendation for CASOMB to make,” stated ACSOL Executive Director Janice Bellucci. “The board based its decision upon the reason for one of their previous decisions, that is,…
Read MoreMO: Motion for TRO Filed to Stop Missouri Halloween Sign Requirement
A motion for Temporary Restraining Order (TRO) was filed today in federal district court asking the court to stop enforcement of a Missouri state law that requires registrants to post a sign on the front door of their home on Halloween. If the motion is granted, enforcement of the Halloween sign requirement could be stopped statewide. “It was important to make this request today so that the court could issue its ruling prior to Halloween,” stated ACSOL Executive Director Janice Bellucci, who is now the lead attorney in the case. …
Read MoreACSOL News Alert: Federal Lawsuit Challenges Missouri Halloween Sign Requirement
A lawsuit was filed in a federal district court this week challenging a state law in Missouri that requires registrants to post a sign on the front door of their home on Halloween. The plaintiff in the case, Thomas J. Sanderson, was arrested last year for violating that and other requirements of the state law at issue. The basis of the legal challenge is the First Amendment that not only allows citizens to speak but also protects citizens from compelled speech which has been defined as a requirement to utter…
Read MoreACSOL Demands Removal of Registrants from CA Megan’s Law Website
ACSOL demanded today that the California Department of Justice (CA DOJ) remove from the state’s Megan’s Law website the profiles of every individual that lack two important pieces of information — year of conviction and year of release. The demand was sent to Attorney General Rob Bonta, who leads that agency, by email and U.S. mail. “We believe that the California Megan’s Law website is in violation of state law which requires that profiles on that website include the year in which a person was convicted as well as the…
Read MoreACSOL Protests County’s Attempt to Block Release of Registrant
ACSOL today protested the attempts of Placer County to block release of registrant William Stephenson, who has been designated a sexually violent predator (SVP) in that county. The protest took place outside Placer County Superior Court about an hour before a hearing was held regarding the registrant’s release. ACSOL leaders Sherri Harlow and Janice Bellucci were interviewed by local media including KCRA3, CBS13 and Fox News. Roger Hunnicutt, a member of the Family Safety Foundation board of directors, also joined the protest. “We showed up, stood up and spoke…
Read MoreCA: School District Warned Regarding Support for Residency Restrictions
The Lakeside Union School District (LUSD), located in San Diego county, was warned in a letter sent yesterday of the dangers it would face if it chooses to support residency restrictions. Local parents and other residents of Lakeside, California, recently demanded that LUSD support residency restrictions due to their concerns about registrants who live near local schools. “Once again, the public is reacting out of fear and ignoring the facts regarding registrants,” stated ACSOL Executive Director Janice Bellucci. “Their fear is based upon the mistaken belief that all registrants pose…
Read More