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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Steep cost to house sex offenders

Sometime before Oct. 24, if all goes according to plan, ____ ____ will move into a rented three-bedroom home on five acres in the backcountry community of Campo — a move that will be unwelcome by neighbors, closely watched by a team of experts, and expensive to taxpayers. _____, 58, is the most recent sexually violent predator to win release from a state hospital to live on his own, but under supervision. It won’t come cheap, either: the state Department of Hospitals said that the average cost for supervision of sexually violent…

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Bellflower eases ‘loitering’ rules for sex offenders

BELLFLOWER — The City Council Monday night gave final approval to an ordinance change halting the enforcement of “loitering” restrictions on registered sexual offenders as listed in a 2010 city law and instead aligns itself with state law on the subject, which is not as restrictive. Originally approved Aug. 25, the ordinance change will take effect in 30 days. There was no comment on the unanimous decision from council members or the audience. Full Article

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Civil rights activist group sues South Pasadena over ‘arbitrary and discriminatory’ sex offender ordinance

SOUTH PASADENA >> A civil rights activist group filed a lawsuit against South Pasadena this week, alleging the city’s sex offender ordinance strips “a socially outcast minority” of their First, Fifth and Fourteenth Amendment rights. Attorney Janice Bellucci, president of the California Reform Sex Offender Laws organization, called South Pasadena’s Title 20E-1 through 20E-10 municipal code arbitrary and discriminatory. The regulation was passed in 2009. Full Article Also see: South Pasadena Ordinance Challenged in Federal Court South Pasadena agrees not to enforce city’s presence restrictions

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South Pasadena Ordinance Challenged in Federal Court

A sex offender ordinance adopted by the City of South Pasadena has been challenged in a lawsuit filed today in federal district court on behalf of a registered citizen. “The lawsuit was filed today because the City of South Pasadena Police Department recently arrested a registered citizen who did not live in that city, but who chose to visit a park in that city,” stated California RSOL president Janice Bellucci. “The City did so despite the fact that the City Council instructed city staff on February 19 not to enforce…

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Report faults military sex-offender tracking

The Defense Department doesn’t know how many registered sex offenders have access to military bases and lacks a departmentwide sex offender registry, a new report says. The military also has no way to verify if applicants for military housing are sex offenders required to register with local police, the audit conducted by the Inspector General for the Pentagon found. According to the audit, the department is working to fix the problems but still has work to do. Full Article

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Adelanto to amend sex offender code

ADELANTO — The City Council has voted unanimously to approve the first reading of an ordinance that would amend the city’s code to comply with recent court rulings regarding the presence of registered sex offenders at public parks. “Recent decisions have been issued by the Court of Appeals which call into question the validity of city ordinances that prohibit sex offenders from entering city parks,” a city staff report reads. Full Article

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Wasco sex offender ordinance adopted in 2007 thrown out

WASCO, Calif. – A sex offender ordinance in Wasco challenged by a law firm has been thrown out. The ordinance adopted by the city in 2007 restricted offenders from getting 300 feet near of public or private places. This involved public libraries, schools, parks, bus stops and child care centers. A Central Coast law office challenged that ordinance on grounds that it was too broad and violated offenders’ constitutional rights. As part of the settlement, the city of Wasco must now pay legal fees. Article Related

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Federal Cybersecurity Director Found Guilty on Child Porn Charges

As the acting cybersecurity chief of a federal agency, ____ ____ should have been well versed in the digital footprints users leave behind online when they visit web sites and download images. But ____ —convicted today in Nebraska on three child porn charges including conspiracy to solicit and distribute child porn—must have believed his use of the Tor anonymizing network shielded him from federal investigators. … The FBI monitored him for a year and after arresting him in November 2012 continued to operate his child porn sites secretly from a federal facility…

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