[ACSOL] The Tiered Registry Law (formerly Senate Bill 384), passed by the California state legislature four years ago, is now effective. Some of its provisions, however, will not begin until July 1, 2021. The most important of those provisions is the petitioning process for removal from the registry. “The first step to take in the petitioning process is to go to the law enforcement office where you register and ask for your Tier Assignment letter,” stated ACSOL Executive Director Janice Bellucci. “According to the CA Department of Justice, tier assignment…
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LA Times Editorial: End irrational sentencing
[latimes.com – 12/30/20] The explosion in California’s prison population can be traced to first-term Gov. Jerry Brown’s signature on the Uniform Determinate Sentencing Act of 1976, a bill that was supposed to remove racism and irrationality from prison terms but in the end did the opposite. Fourth-term Gov. Brown, who left office last year, understood the problem well. He presided over a prison system that has been under federal court order since 2011 to reduce unconscionable crowding — the result of gratuitous “enhancements” piled on by lawmakers and voters over…
Read MoreCA: Orange County sheriff refuses to release 1,800 inmates after judge’s order: ‘Serious threat’ to community
[yahoo.com Fox News – 12/15/20] Sheriff Don Barnes, Orange County, Calif., reacts to judge’s order reducing prison population amid coronavirus pandemic. Fox Newscaster (at 3:40): “We don’t want anyone to get COVID, but we don’t want anyone murdered or molested”. Sheriff: “I have no intention of releasing them.” Watch the video
Read MoreCA: High-risk inmates aren’t prioritized in state’s early releases
[calmatters.org – 12/11/20] In summary: More than 7,500 prisoners sent home in the program — which aims to slow the spread of COVID-19 — would have been released within months anyway. Thousands with health conditions remain in prison, and the virus keeps spreading. In July, amid an epidemic of coronavirus cases, California’s corrections agency rolled out early-release programs touted as a solution to protect inmates at overcrowded prisons. But nearly all of the prisoners selected were scheduled to be released within months anyway, while many inmates with longer sentences remain…
Read MoreCA: Former legislative aide accuses OC Assemblyman Bill Brough of rape
[abc7.com – 12/5/20] Orange, Calif. (KABC) — A former legislative aide is accusing Assemblyman Bill Brough of raping her in 2015. Patricia Todd, whose last name at the time was Lenkiewicz, is speaking publicly for the first time, after sending a complaint this week to law enforcement. Sacramento police confirm they are investigating the allegations. “I’ve survived this for five years and five years is too long to not have the help and support,” said Todd, as she sat in her attorney’s office in Orange. Todd was a legislative aide…
Read MoreCA: California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders
[prisonlegalnews.org – 11/1/20] A series of assaults by a group of prisoners on convicted sex offenders was carried out with the consent and assistance of 10 officers at an unnamed California correctional facility. After an investigation, the prison’s warden determined that the actions of six of the guards involved were egregious enough for them to be fired, yet only four were let go before attorneys for the California Department of Corrections and Rehabilitation (CDCR) halted the proceedings. The attorneys argued that the allegations against the officers were substantiated only by…
Read MoreComments Requested for New Tiered Registry Form
A committee of the CA Judicial Council released today a proposed form that could help registrants prove the date on which they mailed or hand delivered copies of their petition forms to their local registration office and District Attorney. According to the committee, the proposed form is optional as it is not specifically required by the Tiered Registry Law that will become effective next year. “The Tiered Registry Law first requires registration offices to determine a registrant’s eligibility to petition for removal from the registry within 60 days after receipt…
Read MoreCA: District Attorney to push 85% of cases to next year [potential petition delays]
[thesungazette.com – 11/18/20] VISALIA – Prosecutors are hard to come by in Tulare County nowadays, and the work is beginning to pile up. … Coming down the pike are petitions asking to change an offenders sex registration status. For decades those convicted of sex crimes with a minor were forced to register as a sex offender for life. Beginning Jan. 1, 2021 convicted adults will be handed a tier of 10 years, 20 years or life on the sex registration list. And which tier a person falls into will be…
Read MoreCA: Sex Offender Compliance Checks Conducted In Marin County
[msn.com – 11/13/20] MARIN COUNTY, CA — Authorities this week checked to see if sex offenders in Marin County were in compliance with the terms of their probation. Marin County sheriff’s detectives, county probation officers and California Department of Corrections and Rehabilitation K9 units conducted unannounced searches Tuesday across the county, contacting 19 registered and non-registrant sex offenders. One offender admitted using illegal substances and was arrested, according to the Marin County Probation Department. After searching his home, officers seized his electronic devices for further investigation. A court date to…
Read MoreCA: ACSOL Lawsuit alleges Irvine sex offender rule conflicts with state law
[ocregister.com – 11/6/20] An Irvine resident who is on the state’s sex offender registry is challenging a city rule that prevents him from taking his own child to a public park, according to a lawsuit he filed and an attorney representing him. Irvine’s municipal code requires people on the registry who were convicted of an offense involving a minor to get written permission from the police chief to enter any city park or recreation facility; violation of the rule is a misdemeanor that could carry a fine or jail time.…
Read MoreCalifornia Approves Parolee Voting, Rejects Additional Violent Felonies (Prop 17 & 20)
Voters in the state of California approved voting by parolees and rejected a proposed significant increase in the number of violent felonies in yesterday’s election. That is, voters approved Proposition 17, by a margin of 59 percent to 41 percent, that will allow individuals on parole to vote in future elections. And voters rejected Proposition 20, by a margin of 62 percent to 38 percent, that would have increased the number of violent felonies from 27 to 51. “ACSOL thanks everyone who followed its recommendations by voting in favor of…
Read MoreCA Dept. of Justice Changes Registration Form, Misstates Federal Law
The California Department of Justice (CA DOJ) recently changed the state’s registration form (CJIS 8102S). In doing so, it added the following sentence: “Federal law requires me to notify my registering agency no less than 21 days before I intend to travel internationally.” “The main problem with the new statement is that it does not accurately reflect current federal law,” stated ACSOL Executive Director Janice Bellucci. According to a five-page letter sent today by ACSOL, state governments that comply with SORNA are required to demand international travel information from registrants.…
Read MoreCalifornia ordered to halve San Quentin population after showing ‘deliberate indifference,’ court says
[yahoo.com – 10/23/20] OAKLAND, Calif. — A state appellate court has ordered San Quentin State Prison to halve its inmate population, which would require transferring or releasing some 1,700 inmates. The ruling from the state’s First Court of Appeals sends a clear message that officials overseeing San Quentin have not done enough to protect inmates from the coronavirus after a summer outbreak. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion. The court ordered…
Read MoreACSOL Urges “NO” on Prop. 20, “YES” on Prop. 17
The Alliance for Constitutional Sex Offense Laws (ACSOL) urges registrants, their families and supporters to vote “NO” on Proposition 20 and to vote “YES” on Proposition 17. Both propositions are included on the November 2020 ballots. If passed, Proposition 20 would significantly increase the number of violent felonies from 27 to 51, resulting in harsher sentences and longer prison terms. Of that total, the number of violent sex offenses would also increase significantly from 9 to 14. In addition, Proposition 20 would require the collection of DNA from individuals convicted…
Read MoreCA Supreme Court Considers Prop. 57 Case
[ACSOL] The California Supreme Court today listened to oral arguments in the first in a series of cases regarding the implementation of Proposition 57 by the California Department of Corrections (CDC). At issue in all of those cases is whether CDC’s regulations could lawfully exclude anyone convicted of a sex offense from its major benefit, that is, early parole consideration. The registrant in today’s case is Gregory Gadlin who is currently in state prison after being convicted of an offense that does not require registration. However, Gadlin is required to…
Read MoreCA: Number of Registrants Decreases Slightly
The number of Californians who are required to register has decreased slightly, according to a report made during today’s meeting of the California Sex Offender Management Board (CASOMB). The CASOMB reported earlier this year a total of 109,627 registrants and today the board reported that there are about 500 few registrants. Specifically, the board reported today that there are 109,178 individuals who are required to register in the state of which 81,778 live in the community, that is, are not in custody. Of that total, there are 18,116 individuals who…
Read MoreCA Supreme Court Schedules Prop. 57 Oral Arguments on Oct. 7
The California Supreme Court has scheduled oral arguments in the case, In re Gadlin (S254599), for October 7 starting at 9 a.m. The Gadlin case is the first in a series of cases challenging regulations issued by the California Department of Corrections (CDC) that implement Proposition 57. At issue in this case is whether CDC can deny early consideration for parole to individuals who were previously convicted of a sex offense but are currently in custody for a non-sex offense. CDC requested review of the case after an appellate court decided that…
Read MoreCA: New California law to make it easier for former inmate firefighters to turn pro
Gov. Gavin Newsom signed a new bill Friday that will accelerate the process for expunging the felony records of formerly incarcerated volunteer firefighters. The new law is designed to make it far easier for them to earn an emergency medical technician certification, the first step in becoming a professional firefighter in most cities and counties. Full Article From AB 2147: 1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of…
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