Janice’s Journal: The Tipping Point May Be Near

Today the New York Times published an editorial, “The Pointless Banishment of Sex Offenders”, which questions the adoption by some states, counties and cities of residency restrictions which prohibit where a registered citizen may live. The editorial notes that such restrictions have resulted in sending “tens of thousands of people to the fringes of society, forcing them to live in motels, out of cars or under bridges” and that “there is not a single piece of evidence” that these restrictions protect children. The editorial also notes that “judges have been…

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GROVER BEACH REPEALS RESIDENCY RESTRICTIONS FOLLOWING LAWSUIT CHALLENGE

The City Council of Grover Beach, in a vote of 5 to 0, voted on September 8 to repeal a city ordinance that prohibited California sex offenders (“registrants”) from living within 2,000 feet of any school, park, or day care center. The action follows a lawsuit filed on June 17 by California Reform Sex Offender Laws President and attorney Janice Bellucci on behalf of registrant Frank Lindsay who has resided in Grover Beach for 18 years. “This decision is important because it recognizes that residency restrictions do not increase public…

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Senate Passes Internet Identifier Bill (SB 448)

By a vote of 39 to 0, the Senate passed internet identifier bill SB 448 on September 2. The bill is now eligible for consideration by the Assembly. “We must continue to assert pressure upon the Assembly to stop this bill,” stated CA RSOL president Janice Bellucci. “This bill has been rushed through the legislative process and needs more careful consideration.” The legislature is scheduled to end its deliberations for the calendar year on September 11. In order for SB 448 to be passed by the Assembly, the bill would…

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Senate Appropriations Committee Approves SB 448

In a vote of 7 to 0, the Senate Appropriations Committee approved Senate Bill 448 (SB 448) on August 27 by releasing it from the committee’s suspense file. The next step for the bill is a vote on the floor of the Senate next week (Monday, August 31) where it is expected to pass. After passage in the Senate, the bill will be referred to two committees in the Assembly — Public Safety and Appropriations. “Senate Bill 448 must be stopped,” stated CA RSOL president Janice Bellucci. “Although the bill…

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New CDCR Report Reduces Rate of Re-Offense to Less than 1 Percent

The California Department of Corrections and Rehabilitation (CDCR) has issued a new report that reflects a significantly lower rate of re-offense for registered citizens on parole. The name of the report is “2014 Outcome Evaluation Report“, however, it was issued by the agency’s Office of Research in late July 2015. According to the report, the rate at which a registered citizen on parole commits a new sex offense is .8 percent. This rate is based upon a study of 5,522 registered citizens who returned to prison over a period of…

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Judge Denies TRO, Schedules New Hearing on October 1 [updated with media]

An Orange County Superior Court judge denied a temporary restraining order (TRO) requested by Richard Linington, a registered citizen, and Michelle Moreno, his fiancée, during a hearing on August 19 that would have prevented the enforcement of new residency restrictions in the City of Cypress. Also during the hearing, the judge recommended that the City refrain from enforcing the restrictions until an October 1 hearing on a preliminary injunction. “The City of Cypress has an opportunity to maintain the status quo by choosing not to enforce the new ordinance until…

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SB 448 scheduled for hearing August 24

The Senate Appropriations Committee will consider Senate Bill 448 (SB 448) during a hearing on August 24. If passed, the bill would require registered citizens to disclose internet identifiers to law enforcement officials. The Senate Public Safety Committee passed SB 448 unanimously based in part upon a promise by the bill’s author to amend the bill. According to committee staff, the bill must be amended to limit those who must disclose to an individual convicted of an offense that involved use of the internet. “Senate Bill 448 must be stopped,”…

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REGISTERED CITIZEN SUES CITY OF CYPRESS IN ORDER TO CONTINUE LIVING WITH FIANCEE [updated with media]

A lawsuit filed in Orange County Superior Court on August 13 challenges a new sex offender (“registrant”) ordinance in the City of Cypress that would force registrant Richard Linington to leave the home of his fiancée where he has been living since 2011.  The ordinance, which is scheduled to become effective on August 26, 2015, prohibits registrants from living within 1,000 feet of any school, park, or day care center. The lawsuit seeks a temporary restraining order (TRO) that would maintain the status quo by preventing the ordinance from taking…

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Sex Offender Sues Arcadia Over Residency Restrictions

Despite revisions last year to an ordinance that severely limits housing options for potential residents convicted of sex crimes, a registered sex offender has filed a lawsuit against the city of Arcadia that seeks to repeal the law entirely. Recent state court decisions have challenged similar ordinances in other California municipalities, as advocates for sex offenders’ constitutional rights have over the last several years filed lawsuits aimed at rolling back what they claim are unfairly restrictive and discriminatory enforcement actions by Arcadia and a number of other locales statewide. Full…

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CA RSOL Meeting in San Diego – September 26

Please join us in San Diego for a monthly meeting on Saturday, September 26, 10 am. The meeting will take place at Cal Western Law School, 225 Cedar Street, San Diego. We will focus on current topics, including pending legislation and legal actions as well as offer an opportunity for networking with others. We welcome registrants, friends and family and other supporters to attend. The meeting is off-limits to media and government officials in order to ensure everyone’s privacy. There is no charge to attend. Show up, Stand Up, Speak…

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Google, Facebook, Twitter join crackdown on child porn

Google, Facebook, Twitter, Microsoft and Yahoo will be among the first technology companies to use the Internet Watch Foundation’s “hash list” to identify and remove child abuse images uploaded to their services, the British anti-abuse organization announced Monday. Not to be confused with a hashtag, a hash is a string of code that can serve as the digital fingerprint of an image. Sharing the list of fingerprints with Internet companies will allow victims’ images to be identified and removed more quickly, preventing them from being repeatedly shared. Full Article

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CA RSOL Meeting in Los Angeles – October 24

California RSOL will return its monthly meeting to Los Angeles on October 24. As usual, the location is the ACLU Building at 1313 W. 8th Street, Los Angeles, CA 90017. Start time is 10 am. We will focus on current topics, including pending legislation and legal actions as well as offer an opportunity for networking with others. We welcome registrants, friends and family and other supporters to attend. The meeting is off-limits to media and government officials in order to ensure everyone’s privacy. There is no charge to attend. Show…

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Jessica and Megan – You Know I’m Right [Commentary]

Last week California Sen. Sharon Runner wrote about the fate of SB54, which addresses those convicted of sex-offense crimes and their subsequent residency restrictions once they are released from incarceration. Runner stated her mission clearly: “The California Supreme Court decision (that ruled on a portion of Jessica’s Law as unconstitutional) creates uncertainty. County governments need a clear process to protect voter approved residency restrictions when possible and expedite relief when necessary; SB 54 provided much needed clarity.” She tried to give jurisdiction to local county courts that would allow for…

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NM: Widow seeks damages in eldery inmate’s ‘brutal’ killing

A Santa Fe woman is suing the federal government over the beating death of her 72-year-old husband in a California prison after he was convicted on child pornography charges. The lawsuit, filed in U.S. District Court in Albuquerque, says prison officials are to blame for putting retired Wall Street attorney ____ _ ____ in a communal cell at the Victorville, Calif., prison with another inmate whom they knew was a danger to him. Full Article

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Validity of sex offender residency restrictions under fire again

Suit against Arcadia says exclusion zones made it impossible for plaintiff to find housing The constitutionality of sex offender residency restrictions is under further scrutiny in Arcadia following a lawsuit filed Monday by attorney Janice Bellucci, president of California Reform Sex Offender Laws. The suit, which comes months after the state Supreme Court ruled that blanket residency restrictions in San Diego County were unconstitutional, is the first in what Bellucci promised to be a “series” against Los Angeles County. “They have terrible residency restrictions which we’ve estimated prohibit registered citizens…

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