Category: California

San Jose lawmaker’s teen sex offender measure changes in compromise

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A San Jose lawmaker under pressure from juvenile justice advocates has agreed to ease a measure meant to toughen penalties for youths who sexually assault unconscious victims. Sen. Jim Beall on Tuesday will move to eliminate from the legislation termed Audrie’s Law the requirement that some juvenile sex offenders serve at least two years in a juvenile detention facility. Instead, the bill will require that youths who commit any sex crime complete a sexual offender treatment program that juvenile court judges will have broad discretion to tailor to each offender…

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City of Porterville repeals sex offenders ordinance

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The city council Tuesday reluctantly repealed a section in the Municipal Code referring to sex offenders and regulating their proximity to children’s facilities. The matter was brought before the council by City Attorney Julia Lew because of recent lawsuits in other cities with the same type of ordinance and because the city has been receiving letters and suggestions of legal action. Full Article  

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Positive Appellate Court Decision Halted by CA Supreme Court

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The California Supreme Court has granted review of the appellate court decision, People v. Tirey, which increased slightly the number of registered citizens eligible to apply for a certificate of rehabilitation. The appellate court’s decision did not, however, change the criteria for who could be granted a certificate. The appellate court decision was issued in November 15, 2013, and was based upon the equal protection clause of the constitution. Because the Supreme Court has granted review, the holding in the Tirey case cannot be used as precedent until that court…

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Felons turn to ‘pardon guy’ to verify that they’re rehabilitated

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John Garbin hears from people who say they’ll commit suicide if he doesn’t help them. Because of mistakes they made years ago — criminal mistakes — they can’t get a job, move on with their lives, or escape their tarnished reputations, even though they’ve served their time. “The calls we get are from people who are absolutely desperate,” he said. “We do not live in a forgiving society.” Full Article

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Juvenile rape legislation — ‘Audrie’s Law’ — stirs Capitol debate

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SACRAMENTO — When San Jose lawmaker Jim Beall set out earlier this year to strengthen penalties for youths who sexually assault unconscious victims, he expected to win broad support easily. Instead, he ignited a familiar Capitol debate among lawyers, victims and juvenile advocates about whether the justice system’s goal should be punishing or rehabilitating offenders. That debate will be renewed on Tuesday when an Assembly committee will again consider Beall’s bill. Full Article Related: Audrie’s Law goes too far, some legislators insist

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Gov. Jerry Brown’s prison reforms haven’t lived up to his billing

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Nearly 15 months after launching what he called the “boldest move in criminal justice in decades,” Gov. Jerry Brown declared victory over a prison crisis that had appalled federal judges and stumped governors for two decades. … Brown’s realignment solution when he took office in 2011 required creating a new category of criminal — the non-serious, non-violent, non-sex-offender felon. Full Article

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Pomona takes steps to repeal part of its sex offender ordinance

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POMONA >> Members of the Pomona City Council have taken steps leading to the repeal of part of a 2008 ordinance regulating the presence of sex offenders in the city. Council members gave preliminary approval at their June 16 meeting to an ordinance repealing a portion of the 2008 local regulation and they are expected to have a final vote July 7. Full Article

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Santa Ana Repeals Sex Offender Ordinance

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The Santa Ana City Council took the final step necessary to repeal its entire sex offender ordinance on June 17. The first step toward repeal took place on June 3. “This is an important victory for all registered citizens,” stated CA RSOL president Janice Bellucci. “More than 105,000 individuals and their families are no longer prohibited from visiting public places including the public library.” “The City of Santa foolishly followed the path of the Orange County District Attorney in its passage of a law that violated both the state and…

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Pomona City Council Repeals Ordinance

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The Pomona City Council voted 6 to 0 in favor of repealing all residency restrictions within the city’s sex offender ordinance.  The vote was taken on June 16 with one member absent.  A second vote on this issue is scheduled to be taken on July 7. “The City of Pomona is the first city to be sued in a series of 12 lawsuits challenging residency restrictions,” stated CA RSOL President Janice Bellucci.  “We commend Pomona for taking the first step toward repeal of these restrictions which violate both the state and federal…

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City of Orange Sued for Failure to Repeal Ordinance [updated with media]

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A sex offender ordinance adopted by the City of Orange is the subject of a lawsuit filed today in federal district court.  The lawsuit was filed after the City Council of Orange considered, but failed, to repeal its ordinance on June 10. The City of Orange’s ordinance is broad and includes restrictions regarding where more than 105,000 individuals can be present.  Specifically, the ordinance prohibits registered citizens from being present in or within 500 feet of a wide range of locations including the public library, schools, parks, swimming pools, bus stops and playgrounds.  The…

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