LOS ANGELES COUNTY SEX OFFENDER ORDINANCE CHALLENGED IN FEDERAL DISTRICT COURT

A sex offender ordinance adopted by Los Angeles County is the subject of a lawsuit filed today in federal district court on behalf of a registered sex offender (“registered citizen”). This is the 25th in a series of lawsuits challenging sex offender ordinances adopted by local governments. “The California Court of Appeal ruled in January 2014 that city and county ordinances that restrict the presence of registered citizens are unlawful,” stated attorney Janice Bellucci. “Despite notice of more than eight months, Los Angeles County has failed to repeal or revise…

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County sued over sex offender ordinance

Seeking to protect civil rights for a “socially outcast minority,” the California chapter of Reform Sex Offender Laws this year has sued 22 municipalities for ordinances that the group contends are inconsistent statewide and unconstitutional, the organization’s president said Monday. San Bernardino County on Oct. 14 was the latest target of California Reform Sex Offender Laws, which is led by Santa Maria attorney Janice Bellucci. Full Article Earlier Article  

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Sex-offender laws are ineffective and unfair, critics say

____ ____, 62, is a father, small-business owner and avid surfer. He’s also one of 105,000 people in California — and 760,000 nationally — listed as a sex offender. In accordance with federal law, his name, photograph and home address appear in a public, online offender registry. In 1979, ____, then 27, was convicted of lewd and lascivious acts with a minor under the age of 14. “I thought I could do whatever I wanted,” ____ says. “Add on some alcohol, and I was a real asshole.” Today, ____ considers himself a…

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Baldwin Park to consider suspending sex offender restrictions

BALDWIN PARK >> The city could stop restricting where sex offenders can live and move if the council takes the city attorney’s recommendation at its Wednesday meeting. The Baldwin Park Municipal Code prevents sex offenders from living within 2,000 feet of any children’s facility and from loitering within 300 feet of any children’s facility. The law was enacted in December, 2006, based on a section of the state penal code that allows cities to adopt tighter restrictions on where offenders can live and move. Full Article

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Sex-crimes convict says registration has ruined his career, endangered his life

____ ____ lives a relatively quiet life in the San Luis Obispo County city of Grover Beach. For 35 years he’s kept out of trouble, but his one conviction in 1979 for lewd and lascivious acts with a child under the age of 14 continues to haunt him: He is required to register as a sex offender in California for the rest of his life, which has permanently branded him. He is limited in where he can live and where he can go due to restrictive state and local laws,…

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SPECIAL REPORT: Pair seeks repeal of sex-offender laws in California

A crusading civil rights attorney and a registered sex offender have partnered in a legal battle that has prompted dozens of California cities to repeal or revise what the pair believe are unconstitutional ordinances restricting the activities of sex offenders. Full Article Same Article, different publication, same publisher: Pasadena Star-News San Bernardino Sun Daily Bulletin Reaction Question: How Exactly Was Sierra Madre’s Sex Offender Ordinance Put On Legal Hold?

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Operation Boo

The California Department of Corrections and Rehabilitation (CDCR) is implementing the 20th Annual “Operation Boo.” Operation Boo helps protect children from sexual predators during Halloween and its new educational component helps parents and teachers show kids how to stay away from potential sexual predators year round. Full Article

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City of Carson Charged With Fraud, Breach of Contract

The City of Carson has been charged with fraud and breach of contract due to its failure to significantly revise the city’s sex offender ordinance despite a settlement agreement in which the City promised to do so no later than August 24, 2014. A lawsuit was filed in Los Angeles Superior Court on October 1, 2014, requesting that the court require the City revise its ordinance in accordance with the settlement agreement. In addition, a government claim was filed with the City Clerk on the same day requesting monetary damages.…

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The Better Part of Valor: Amending Local Sex Offender Ordinances

A series of lawsuits against California cities has brought the issue of sex offenders in the community back to many city agendas and local public meetings. Two recent decisions by the California Court of Appeal and a case pending before the California Supreme Court effectively limit cities’ ability to enforce local ordinances regulating registered sex offenders who live in their jurisdictions. Few city officials or residents favor the idea of repealing an ordinance intended to protect children from predators, but many cities with such ordinances are being forced to do…

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Do Residency Bans Drive Sex Offenders Underground?

Early last year, Los Angeles set aside a sliver of land in its Harbor Gateway neighborhood for the city’s newest and smallest park: two jungle gyms on a fifth of an acre. The project was more than just an effort to increase the city’s green space. City Council members made clear that one of the park’s principal reasons for existence was to force 33 people on the California sex offender registry who were living in a nearby apartment building to move out. State law bars those on its registry from living within…

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Anti-Junk Forensic Science bill is now law: Criminal Justice Public Policy Breakthrough in California

California Governor Jerry Brown just signed into law SB 1058 bill. The law permits habeas corpus petitioners (i.e. after a conviction) the ability to contest expert testimony that was presented against them at trial. In other words, experts who either repudiate their past testimony or used forensic “science” that is later deemed faulty by legitimate research are subject to later proceedings reversing a conviction. Personal liabilities of those experts are NOT affected by this amendment to the California Penal Code. Full Article

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California Enacts ‘Yes Means Yes’ Law, Defining Sexual Consent

Gov. Jerry Brown has signed a bill into law that makes California the first in the nation to have a clear definition of when people agree to sex. The law goes further than the common “no means no” standard, which has been blamed for bringing ambiguity into investigations of sexual assault cases. The new law seeks both to improve how universities handle rape and sexual assault accusations and to clarify the standards, requiring an “affirmative consent” and stating that consent can’t be given if someone is asleep or incapacitated by…

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Hesperia settles sex-offender lawsuit

HESPERIA — An agreed-upon dismissal of a registered sex offender’s federal lawsuit was filed Thursday following a settlement. The suit had been filed in July over delay in approving municipal code changes about “presence restrictions” for sex offenders. Hesperia city code sections regulating the residency, mobility and business activities of registered sex offenders were preempted by several state laws that, when taken together, form “a standardized, statewide system” to regulate their presence, according to Hesperia’s attorney. Full Article

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DA’s Sex Offender Ban Continues to Be Repealed by Cities

Westminster city officials this week became the latest Orange County city to repeal a ban on sex offenders in city parks, following a recent appeals court ruling striking down a similar county law. Wednesday night, council members voted 3-1, with councilmember Sergio Contreras voting no and Andy Quach absent, to repeal the ordinance requiring convicted sex offenders to get written permission from police before setting foot in a city park. Violation was a misdemeanor. Full Article Note: The Article contains a video segment of the December 2012 Lake Forest City…

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CA Sex Offender Management Board Considering New Tiered Registry Bill

The California Sex Offender Management Board (CASOMB), a state organization, has begun consideration of a new tiered registry bill that would allow some, but not all, registered citizens to end their requirement to register in either 10 or 20 years. The bill would also allow most registered citizens who have been registered for 30 years or more and have not committed a subsequent sex offense to stop registering in the year 2017. According to CASOMB, the draft bill would increase public safety by allowing law enforcement to focus resources upon…

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