Fullerton’s ban on convicted sex offenders in city parks will likely be revised in the wake of court rulings and a potential lawsuit. Since the 1940s, California has wrestled with laws that deal with convicted sex offenders and what they can and cannot do after they are released from prison and complete parole. In the past four years, about half of Orange County cities adopted laws that banned adults convicted of sexually abusing children from living near or going into city parks. Full Article
Read MoreCategory: California
State Senate Passes Bill to Prohibit Internet Extortion
The California Senate has voted unanimously to approve a bill (SB 1027) that would prohibit the commercial use of booking photos. The bill would also provide individuals with the ability to sue anyone who publishes or otherwise disseminates booking photos and then requires payment of a fee or other consideration to remove, correct or modify that photo. Those who violate the law are subject to “an amount equal to the greater of $1,000 per violation or the actual damages suffered”, along with costs, attorney’s fees and any other legal or equitable relief.…
Read MoreSacramento County sued over sex offender ordinance
Sacramento County became the latest governmental entity Wednesday to be sued over an ordinance limiting the movements of registered sex offenders near parks and other public places, but the practical effect of the suit may be negligible. Full Article
Read MoreCity of Duarte to Repeal Ordinance
The City of Duarte is expected to repeal its sex offender ordinance, according to a letter from City Attorney Dan Slater dated April 30. According to that letter, the actions are the result of “a threat” from California RSOL to sue the City if it did not repeal its ordinance. The City Attorney noted in his letter the California Supreme Court decision dated April 23, 2014, which denied review of two decisions by the Court of Appeal which determined that offender laws by cities, similar to that adopted by Duarte,…
Read MoreSacramento County Ordinance Challenged in Federal Court
A lawsuit challenging a sex offender ordinance adopted by Sacramento County was filed today in federal district court. This lawsuit is the sixth in a series of lawsuits challenging sex offender ordinances adopted by local governments that prohibit the presence of registered citizens within their jurisdictions. “Sacramento County adopted an ordinance that violates both the state and federal constitutions,” stated attorney Janice Bellucci. “The ordinance is also preempted by state law as determined by the California Court of Appeal in the Nguyen and Godinez cases. The California Supreme Court denied…
Read MoreWhere are sex offenders? Jessica’s Law complicates monitoring
The number of homeless sex offenders has skyrocketed since Jessica’s Law went into effect, and after the recent arrest of two serial killer suspects some experts say the law to protect women and children is backfiring. Unable to live near schools and parks, some registered offenders end up living on the streets, making it difficult for them to find jobs and forcing them into areas where they end up congregating. Before the residency restrictions brought by Jessica’s Law eight years ago, 88 paroled sex offenders were registered as transient in California.…
Read MoreNorth State Psychotherapist wants changes to Megan’s Law
Dawn Horwitz-Person is a Sex Offender Treatment Specialist in Chico. She deals with some of the most violent and dangerous convicted sex offenders in the north state. She has also been featured on “Oprah,” and “Anderson Cooper 360.” Oprah Winfrey flew to Chico in 2010 to meet with Horwitz-Person and four of her patients, who openly discussed how and why they chose their victims. Horwitz-Person is one of many California Phycho-therapists hoping for changes to the California Department of Justice’s sex offender registry Megan’s Law, because she says it is…
Read MoreNeel Kashkari trails registered sex offender in new governor poll
Republican gubernatorial candidate Neel Kashkari was already facing an uphill climb to unseat Gov. Jerry Brown this year, and now a new poll shows just how steep that hill is — he’s trailing a registered sex offender. Full Article
Read MoreCities scramble after sex offender ruling
Three cities and San Diego County are reviewing their bans on sex offenders being near schools and parks this week after the California Supreme Court declined to review lower court rulings declaring similar restrictions illegal. National City, La Mesa, Santee and the county have all adopted ordinances that prohibit sex offenders from being within 300 feet of a school, day care center, arcade, playground, park or amusement center, to some degree. Full Article
Read MoreIs there a loophole in CA’s tracking of sex offenders?
SACRAMENTO, Calif. (KCRA) —Certain sex offenders are supposed to be tracked and monitored, even after they’re released from prison. But according to the Sacramento County Sheriff’s Department, hundreds of them have registered as transient — and some are doing so to avoid detection and certain living restrictions. Full Article
Read MoreAPPELLATE COURT INCREASES ELIGIBILITY FOR CERTIFICATES OF REHABILITATION
The California Court of Appeal issued a decision today (April 25) that increases the eligibility of registered citizens who may apply for a certificate of rehabilitation. That is, the court determined that individuals convicted of Penal Code 288(a) may apply for such a certificate. “The court’s decision today is important to a small group of registered citizens who wish to apply for a certificate of rehabilitation,” stated CA RSOL President Janice Bellucci. “Unfortunately, it does not guarantee that any registered citizen will actually obtain a certificate.” The appellate court’s decision…
Read MoreCALIFORNIA SUPREME COURT UPHOLDS BAN ON CITY, COUNTY ORDINANCES
[Updated with media links] The California Supreme Court today denied review of a lower court’s decision that, in effect, bans cities and counties from enforcing ordinances that restrict where a registered citizen may be present or near. Review by the Court was requested by the Orange County District Attorney. “Today’s decision is a major victory,” stated CA RSOL President Janice Bellucci. “Through its denial to review a lower court decision, the California Supreme Court has ruled that ordinances in more than 70 cities and 5 counties are preempted by existing…
Read MoreSanta Maria attorney files sex offender lawsuit against Lompoc
A Santa Maria attorney has filed a complaint in federal district court on behalf of a Grover Beach resident against the city of Lompoc over a sex offender ordinance the city adopted, claiming it violates both the federal and state constitutions. Attorney Janice Bellucci, who also serves as president of the California chapter of the nonprofit organization Reform Sex Offender Laws, filed the complaint on behalf of registered sex offender Frank Lindsay, 61, who serves as a board member for the chapter. Full Article
Read MoreLOMPOC SEX OFFENDER ORDINANCE CHALLENGED IN FEDERAL DISTRICT COURT
Lompoc is the fifth city whose sex offender ordinance is being challenged in federal district court. The lawsuit was filed on April 21 in the U.S. District Court Central Division. “The City of Lompoc was notified in January that its ordinance violates the state and federal constitutions yet the city failed to either repeal or stay enforcement of that ordinance,” stated attorney Janice Bellucci. “Lompoc did not learn the lesson of the first four cities to be sued — Pomona, South Lake Tahoe, National City and Carson — earlier this…
Read MoreSteinberg seeks sex offender review beyond ‘what sounds good’
SACRAMENTO– California Senate leader Darrell Steinberg says he’ll seek a state investigation into California’s supervision of sex offenders that goes beyond the circumstances of two Orange County transients recently accused of killing multiple women while they were supervised by state and federal agents and tracked on electronic monitors. Steinberg’s staff said Friday that the Sacramento Democrat planned Monday to formally request a probe by the office of inspector general. However, speaking at a public policy forum Monday afternoon, Steinberg said his office is still drafting a call for an inquiry into the…
Read MoreKeeping kids safe
‘In response’ letter to the editor on National City’s sex offender ordinance, for April 19, 2014 I think the point of our ordinance was missed by the April 16 editorial “Sex-offender laws lead to more crimes.” The state has full control of residence requirements for predatory sex offenders of children. Our ordinance has nothing to do with where a person resides, but instead it addresses where they spend their time. If individuals who have proved themselves to be predatory sex offenders of children are in our communities, we want them…
Read MoreTwo convicted of murder in Fresno stabbing of sex offender [UPDATED]
Two friends were found guilty Friday of first-degree murder in the killing of a registered sex offender who was stabbed 58 times and his body dumped near Chandler Downtown Airport in southwest Fresno. David Barrera and Patricia Ann Perez, both 50, face life in prison when they are sentenced next month in Fresno County Superior Court. The jury deliberated over three days before convicting them of murdering 60-year-old Lawrence Ballesteros, who was killed Sept. 18, 2012, on his bed inside a detached garage — a couple of weeks after he…
Read MoreProbe of GPS monitoring of suspected serial killers sought
SACRAMENTO — The leader of the state Senate is seeking an investigation into how two sex offenders being monitored by parole agents and tracked by GPS devices were allegedly able to rape and kill four women without being detected. Full Article
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