The Alliance for Constitutional Sex Offense Laws (ACSOL) filed an application today for a Temporary Restraining Order (TRO) that, if granted, would stop the exclusion of all registrants from early prison release granted by the CA Department of Corrections and Rehabilitation (CDCR). The basis for the releases is to reduce the possibility of COVID-19 infections for both prisoners and staff. “CDCR has declared that the lives of registrants are worth less than the lives of others by categorically and unjustifiably excluding registrants from its efforts to mitigate the spread of…
Read MoreCategory: ACSOL News
ACSOL Files Lawsuit Challenging CDCR Early Release Plans
The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a lawsuit today challenging the early release plans of the California Department of Corrections and Rehabilitation (CDCR). The agency plans to begin releasing from prison on July 1 anyone convicted of a non-violent offense who has a release date no later than December 31. The agency’s plans, however, exclude anyone required to register as a sex offender. According to a press release issued by CDCR, prisoners will be released early in order to reduce the possibility of their infection by COVID-19. The…
Read MoreCA Supreme Court Grants Review of ACSOL’s Successful Prop. 57 Lawsuit
[ACSOL] The California Supreme Court today granted review of ACSOL’s successful lawsuit in both the trial and appellate courts which challenged regulations issued by the California Department of Corrections and Rehabilitation (CDCR) that, in effected, prohibit anyone convicted of a sex offense from receiving the benefits of Prop. 57. In today’s decision to grant review, the Court stated that the submission of additional briefings in the case is “deferred pending further order of the court.” Including today’s decision, the California Supreme Court has granted review of four cases which challenge…
Read MoreSenate Committee Rejects CA Senate Bill 853
[ACSOL] The Senate Public Safety Committee today stopped Senate Bill 853, which if passed, would have significantly increased the duration of criminal protective orders up to an individual’s lifetime. The Senators voted after hearing from more than 40 people opposed to the bill, including representatives of the ACLU, California Public Defenders and the California Attorneys for Criminal Justice. By comparison, only 8 people spoke in favor of the bill. “ACSOL and its members are to be commended for stopping a bill that would have violated the rights of registrants and…
Read MoreACSOL Challenges In-Person Registration in Federal District Court
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a lawsuit today in a federal district court challenging in-person registration requirements of both the City of Fresno and the County of Fresno. The lawsuit was filed in the U.S. District Court, Eastern District of California. According to the lawsuit, the city and county’s requirement to register in person violates the due process clause of the 14th Amendment as well as the 8th Amendment’s prohibition of cruel and unusual punishment. The lawsuit requests that the court permanently enjoin the city…
Read MoreCA: Town repeals sex offender ordinance
[hidesertstar.com – 4/24/20] YUCCA VALLEY — Facing costly litigation, the Yucca Valley Town Council discussed repealing the ordinance restricting where paroled sex offenders can live within town limits. The urgency ordinance repealing part of the Yucca Valley municipal code was approved 5-0. “It’s a tough decision for us to make,” said Councilman Robert Lombardo, adding he believed the town could prevail in a lawsuit. “I think we could successfully fight this, but at a great cost. I feel comfortable appealing the ordinance.” In early February, the town of Yucca Valley…
Read MoreCA: Los Angeles Superior Court Allows In-Person Registration to Continue
[ACSOL] A Los Angeles Superior Court judge ruled today that the Los Angeles Sheriff’s Department may continue to require in-person registration during the COVID-19 pandemic. The ruling was made during a telephonic hearing in response to ACOL’s request for a Temporary Restraining Order. Although the judge noted that infection to COVID-19 is a “significant concern”, she interpreted state law requirements to obtain fingerprints and photos as to require that all registrants, including those at high risk due to age and/or medical condition, must register in person. She did not address…
Read MoreACSOL Postpones Annual Conference to October 10 and 11
The Alliance for Constitutional Sex Offense Laws (ACSOL) board of directors has decided to postpone its annual conference from May 29 and May 30 to October 10 and 11. The board plans to conduct the conference at the same location, Southwestern Law School in Los Angeles. “Due to the COVID-19 pandemic and closure of Southwestern Law School, the annual conference could not be held as planned on May 29 and May 30,” stated ACSOL President Chance Oberstein. “We look forward to conducting the conference at the same location in October.”…
Read MoreACSOL Files Fifth Lawsuit Challenging San Diego In-Person Registration During Pandemic
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) filed today a fifth lawsuit challenging in-person registration for all registrants, including those with high-risk COVID-19 factors. This lawsuit was filed against the San Diego County Sheriff’s Department which registers more than 3,200 individuals each year. “The plaintiffs in today’s lawsuit include a 72-year-old man who suffers from hypertension as well as a 51-year-old man who suffers from chronic asthma,” stated ACSOL Executive Director Janice Bellucci. “Both of the plaintiffs live with, and support, individuals who also have high-risk COVID-19 factors.”…
Read MoreCA: 60 Organizations Jointly Request Significant Parole and Probation Changes During Pandemic
[ACSOL] A group of 60 organizations, including ACSOL, are jointly requesting that parole and probation agencies in California modify existing supervision conditions, policies and practices to align with public health recommendations in order to protect the lives of more than 400,000 people under their supervision. Included in the request is the end of in-person registration. “ACSOL and its members need to share the list of requests with local county government officials, including county boards of supervisor, county probation departments and local sheriff’s departments,” stated ACSOL Executive Director Janice Bellucci. “This…
Read MoreACSOL Files Fourth Lawsuit Challenging DOJ and L.A. In-Person Registration During COVID-19 Pandemic
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) today filed a fourth lawsuit challenging in-person registration. This lawsuit was filed in Los Angeles Superior Court against both the California Department of Justice as well as the Los Angeles Sheriff’s Department. “We added the CA Department of Justice as a defendant in this case because several registration officers in the LA Sheriff’s Department said they could not stop in-person registration until and unless the CA Department of Justice authorized them to do so,” stated ACSOL Executive Director Janice Bellucci. Earlier…
Read MoreCA: ACSOL Lawsuit Filed Against SDPD for In-Person Sex Registration Amid Pandemic
[kpbs.org – 3/25/20] A lawsuit has been filed against the San Diego Police Department on behalf of more than 100 local sex offender registrants who are challenging requirements that they must register in person during the coronavirus pandemic, while state and local governments ask that residents stay home to prevent the virus’ spread. The lawsuit was filed by the Alliance for Constitutional Sex Offense Laws, which also filed similar lawsuits this week in Riverside and Sacramento counties. It asks for a judge to issue an order halting the practice of…
Read MoreACSOL Files Third Lawsuit Challenging Sacramento In-Person Registration During COVID-19 Pandemic
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a third lawsuit today challenging a city’s requirement that all registrants, including those with high risk COVID-19 factors, register in person. The defendant in the lawsuit is the City of Sacramento and the lawsuit was filed in Sacramento Superior Court. Today’s lawsuit alleges that the requirement to register in person during a pandemic and in contravention of state and local orders, is an abuse of discretion and therefore unlawful. The lawsuit requests that the court issue a writ of mandamus…
Read MoreACSOL Files Second Challenge to San Diego In-Person Registration Requirement During COVID-19 Pandemic
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) today filed a second lawsuit challenging a city’s requirement that all registrants, including those who have high-risk COVID-19 factors, register in person. The defendant in this lawsuit is the City of San Diego. There are multiple plaintiffs in the lawsuit including ACSOL, a female registrant who suffers from chronic diseases, and additional registrants to be identified in the future. “The City of San Diego, during this historic pandemic, is increasing the risk of spreading the COVID-19 virus by requiring people to…
Read MoreLAPD Stops In-Person Registration, Provides Registration by Telephone
[ACSOL] The Los Angeles Police Department (LAPD) has stopped all in-person registration of individuals required to register as a sex offender in that city. In place of in -person registration, LAPD is allowing individuals to register by telephone. “LAPD is to be commended for its decision to protect registrants and their loved ones by allowing registrants to register by phone,” stated ACSOL President Chance Oberstein. “Unfortunately, there are many other law enforcement agencies that still require registrants to register in person.” According to LAPD, signs will be posted at every…
Read MoreACSOL Challenges Murrieta In-Person Registration During COVID-19 Pandemic
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a lawsuit today challenging the City of Murrieta’s requirement that all registrants, including those with COVID-19 high risk factors, register in person. The lawsuit is expected to be the first of many such lawsuits to be filed in California this week. “The City of Murrieta is requiring registrants to make one of two deadly decisions, that is, to register in person and risk exposing themselves to COVID-19 or to fail to register and be sent to jail where the risk…
Read MoreConference Call to Discuss Three Important Cases
NARSOL and ACSOL will have a three-hour conference call on March 2nd, beginning at 7:00 pm Eastern time. We will be discussing what’s likely to happen next in three important cases pending in Michigan, Georgia, and New Mexico. Hour 1: We will be discussing the recent decision in Michigan, which will soon bar that state from enforcing SORA on those whose conduct occurred before 2011. In addition, the court’s final order will severely limit enforcement of various provisions of SORA on the remaining registrants. Paul Reingold from the University of Michigan…
Read MoreBrian Banks to Speak at ACSOL Conference
Brian Banks, who was convicted of a crime he did not commit and who experienced five years in prison as well as the punishment of being required to register as a sex offender, has agreed to speak at this year’s ACSOL conference on Friday, May 29. Banks will join his attorney Justin Brooks, leader of the CA Innocence Project, in a joint presentation about the legal fight that ended in Banks’ removal from the registry as well as exoneration. Sign up today to hear them speak! Both Banks and Brooks…
Read More