Last week a federal judge heard the first arguments in a lawsuit challenging certain provisions of the recently-enacted International Megan’s Law (IML),* including one mandating that the passport of any American required to register for a sex offense involving a minor be marked in “a conspicuous location” with a “unique identifier” of their sex offender status. Other challenged provisions of the law authorize the Departments of Homeland Security and Justice to notify destination nations of forthcoming visits from those individuals. On Wednesday the court heard a motion for a preliminary…
Read MoreCategory: California
How a federal spy case turned into a child pornography prosecution
RIVERSIDE, Calif. — FBI agents entered ____ ____’s home in Southern California while he and his wife were visiting her relatives in Shanghai. Agents wearing gloves went through boxes, snapped pictures of documents and made copies of three computer hard drives before leaving as quietly as they had entered. Full Article
Read MoreJudge Asked to Halt Sex Offenders’ Passport Marks
OAKLAND, Calif. (CN) – An attorney asked a federal judge on Wednesday to halt the implementation of the International Megan’s Law bill, which requires sex offenders to be identified as such on their passports. Full Article
Read MoreInternational Megan’s Law Injunction – No decision yet
2:30pm -This if from FAC as Janice speaks with media and others: — We just heard from those in the courtroom that today’s hearing for an injunction temporarily preventing the implementation of the International Megan’s Law (IML) is complete. Janice did a stellar job. The judge in the case did not make a decision at the end of the hearing. Presumably she will take some time, digest, investigate the law and then issue an order in the very near future. Can take days, can take weeks, unlikely more. We will keep…
Read MoreIML Lawsuit – All Media Reports (as of 3/31)
3/31 Judge Asked to Halt Sex Offenders’ Passport Marks (Courthouse News) Attorney: Sex Offender Passport Marker Would Be Dangerous (ABC) 3/30 (post hearing) Attorney: Sex Offender Passport Marker Would Be Dangerous (New York Times / AP) The Latest: Attorney: Sex offender passport marker dangerous (Washington Post / AP) 3/30 (pre hearing) Passport mark for sex offenders law challenged in court (AP) Federal court to hear challenge to “scarlet passport” provision of International Megan’s Law Fear of flying: Sex offenders push back against having unique passports Sex offender passport: Unlawful stigma or valid way to…
Read MoreCalls for limiting sex-offender registry will be tough to act on
SACRAMENTO — The board that oversees the state’s sex-offender laws has a seemingly unconventional public safety pitch: Californians would be safer if the sex-offender registry were pared down. The California Sex Offender Management Board wants to eliminate lifetime registration requirements for some sex offenders. It’s proposing that lower-risk sex offenders be removed from the registry 10 to 20 years after their crimes to make the list more relevant and focused on higher-risk offenders. That way, law enforcement and the public can better differentiate between offenders who pose the greatest risks…
Read MoreCommittees to Hear Residency Restrictions Bill and Internet Bill on April 19 [updated]
Added 4/9: Also on April 19 the Assembly Public Safety Committee will consider Assembly Bill 2569 that would terminate certain offender’s exclusion from the public Megan’s Law web site. The hearing will begin at 9 a.m. (#13 on agenda) in the State Capitol, Room 126. The Senate Public Safety Committee will consider Senate Bill 1021, a bill that would allow cities to adopt and enforce residency restrictions, on April 19. The hearing will begin at 9:30 a.m. (#8 on agenda) in Room 4203 of the State Capitol Building. “Senator Sharon Runner has introduced…
Read MoreJanice’s Journal: The Calm Before the Storm
It is the calm before the storm. We have filed our final document in support of a Motion for Preliminary Injunction and we are awaiting an opportunity to explain in court why the federal government should not add “conspicuous unique identifiers” to the passports of American citizens and to notify foreign governments that American citizens are coming to visit. It is perfectly obvious to many that the federal government should not brand its citizens by adding a “Scarlet Letter” to their passports. Even though the International Megan’s Law authorizes them…
Read MoreCA RSOL Meeting: May 14, Berkeley [NEW DATE]
Please mark the following dates on your calendars. California RSOL will hold monthly meetings in Berkeley on May 14 (revised date). As always, start time is 10 am and the meetings are expected to last about 2 hours. Join us at the Finnish Hall, 1970 Chestnut Street in Berkeley on May 14 (new date), at 10 am. Topics of discussion will include general issues facing registrants and their families as well as pertinent current issues, such as the recent International Megan’s Law lawsuit. The meetings are intended for registrants, friends and family,…
Read MoreBill Sets Discipline for Students Who Engage in Sexting
SACRAMENTO, Calif. (AP) — A state lawmaker is carrying a bill that would let schools suspend or expel kids for sexting — sharing sexually explicit material via text message. Democratic Assemblyman Ed Chau of Arcadia says Assembly Bill 2536 would also require that health classes include information on the perils of sharing scandalous content. The Sacramento Bee reports Saturday (http://bit.ly/1Qkn7Ai) the bill specifically deals with images or video and focuses on cases where the message has “the effect of humiliating or harassing a pupil.” Full Article Related New Mexico teens…
Read MoreChelsea’s Law is working as hoped (Editorial)
Six years ago, an awful event — the rape and murder of Poway High School senior Chelsea King by John Gardner, a convicted sex offender who was free despite repeated parole violations, and who had previously raped and killed Escondido teen Amber Dubois — spurred lawmakers to action. The California Legislature unanimously passed Chelsea’s Law, introduced by then-Assemblyman Nathan Fletcher, R-San Diego. Full Editorial 2014 Report Related http://www.kusi.com/story/31319274/six-years-later-san-diego-remembers-chelsea-king
Read MoreConfined at Coalinga: California sex offenders face indefinite detention
____ _____ ____, 54, is a pedophile; no one disputes that, not even his lawyer. Since the 1980s, he has been convicted three times of molesting very young girls — including his 4-year-old daughter. His crimes resulted in three years in prison. He finished serving the last of those years in 2000. But that wasn’t the end of his incarceration. Under California law, there are two sets of punishments for sex offenders: one for the crimes they are known to have committed and one for the people the legal system…
Read MoreOtay Mesa border crossing uses facial scanners for screening departing foreigners
High-tech equipment capable of scanning faces and reading irises for the first time is being used at a U.S. land border to verify the identities of foreigners leaving the country. U.S. Customs and Border Protection inspectors are now screening pedestrians crossing into Mexico at Otay Mesa. “We want to know when a person comes into the country, and we want to know when they leave,” said Charmaine Rodriguez, assistant port director at Otay Mesa. Full Article
Read MoreI Married a Sex Offender
In 2001, about six months before Gretchen met her husband, David, he was charged with sexual assault. After a night of drinking, police found him and a friend drunk and half-dressed on the side of the road; she was passed out, and he fled when the cops arrived. Gretchen (names have been changed) says that initially, David thought he would be getting a DUI. In fact, he was ultimately charged with “sexual penetration by foreign object/victim unconscious” — the “foreign object” being HIS HAND1. Full Article
Read MoreCASOMB Letter Regarding Residence Restrictions (AB 201)
The following document presents a written statement provided to the Assembly Public Safety Committee regarding Assembly Bill 201, a proposed Bill which addresses local regulation of sex offender residence restrictions and exclusion zones. CASOMB Letter Regarding Residence Restrictions (AB 201)
Read MoreTiered Registry #1 Recommendation of CA Sex Offender Management Board
The California Sex Offender Management (CA SOMB) published today its Year End Report for 2015. The #1 recommendation in that report is creation of a tiered registry. The other recommendations are to limit the use of residency restrictions, continue to fund sex offender risk assessments, bridge gaps in what is known about registrants, encourage collaboration between victim advocates and sex offender management professionals and continue use of polygraphs. “We are encouraged to see that CA SOMB continues to support a tiered registry,” stated CA RSOL president Janice Bellucci. “Support from…
Read More1998 molestation conviction expected to be thrown out due to false testimony
LAKEPORT, Calif. – A man sent to prison 18 years ago for molesting a child is expected to be released from state prison within a matter of weeks because it has been revealed that the key testimony used to convict him was fabricated. Full Article
Read MoreSenator Runner Introduces New Residency Restrictions Bill [updated with PSC Hearing Date]
April 19, 2016 at 9:30 am – Public Safety Committee Hearing [PSC Agenda] Senator Sharon Runner (Republican, Lancaster) introduced a new bill (S. 1021) on February 11 that would prohibit registrants on parole from living within 2,000 feet of public or private schools or parks where children regularly gather. The deadline for introducing new legislation was February 11. “The California Supreme Court ruled in March 2015 that similar restrictions violated the Constitution,” stated CA RSOL President Janice Bellucci. “Consideration of this bill by the state legislature will waste limited legislative resources.”…
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