POMONA >> A Santa Maria lawyer filed a federal lawsuit against Pomona this week calling for the repeal of a 2008 ordinance regulating the presence of sex offenders in the city. According to the lawsuit, the city’s ordinance goes beyond what is contained in the ordinances of other cities by prohibiting sex offenders from being on private property, such as arcades or movie theaters. Pomona’s ordinance is “one of the worst ordinances in our state,” said Janice Bellucci, who filed the lawsuit on behalf of Frank Lindsey of Grover Beach…
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Annual Registration Procedure
Annual Registration: I just went for my annual registration in OC. I literally had to read about the 5 -day statue. Is it 5-working days or 5 days period. Its 5-working days. I showed up on a Monday morning, office was empty and the woman was dressed in an almost uniform. This was my first time to see this. The women in the office (3) all looked up? I’ve been registering here for a long time. The woman greeted me, was very business like and kind of acts like you…
Read MorePOMONA ORDINANCE CHALLENGED IN FEDERAL COURT
A sex offender ordinance adopted by the City of Pomona is the subject of a lawsuit filed today in federal district court on behalf of a sex offender (“registered citizen”). The ordinance includes restrictions regarding where more than 105,000 individuals can reside or be present. Specifically, the ordinance prohibits registered citizens from residing or being present within 300 feet of a wide range of public and private locations including schools, parks, bus stops, railroad station, arcades, health clubs, movie theaters, cyber cafes and museums. A registered citizen who violates the…
Read MoreCA RSOL Meeting in Los Angeles – April 12
The next CA RSOL meeting in Los Angeles will take place on April 12 at 10 am, at the usual location – the ACLU building at 1313 W. 8th Street in Los Angeles. Registrants, family and friends, supporters and professionals are welcome to attend. Media and Government officials are not invited in order to ensure everyone’s privacy. We will discuss current topics, changes in the laws as well as pending litigation and advocacy strategies. Special attention will be given to the recent changes in parks ordinances made by numerous cities in…
Read MoreGrover Beach expands zones barring child molesters
Despite a threatened lawsuit, a resident’s plea and a councilman’s misgivings, Grover Beach effectively blocked any additional child molesters from living in the city. The City Council voted 4-1, with Councilman Bill Nicolls dissenting, to approve the second reading of an ordinance expanding so-called “protected zones” to 2,000 feet around schools, preschools, day care centers and parks. Previously, the distance was 1,000 feet. Individuals convicted of sex crimes against children — younger than 18 — who are required to register as sex offenders are barred from moving into temporary or permanent residences…
Read MoreWill sex offender rules in California change?
SACRAMENTO, Calif. (KCRA) —It may get tougher to track sex offenders under a new state policy California is exploring. Right now, California has an estimated 78,000 sex offenders, all of whom must, by law, register with the state for life. But Thursday, the Sex Offender Management Board started moving forward to change the rules, so that so-called lower-level offenders released from prison would be eligible to register for just 10 to 20 years – after which no one would monitor them at all. Full Article
Read MoreCalifornia “Ban the Box” Resource Guide
A new state law (AB 218) requires that by July 1, 2014, the State of California, as well as every city, county and special district in the state, have a “ban the box” policy in place so that questions about conviction history do not appear on the government’s initial job application. Resource Guide
Read MoreLoma Linda agress not to enforce sex offender ordinance
The City of Loma Linda has joined a growing number of cities by agreeing not to enforce its sex offender ordinance that prohibits registered citizens from entering city parks and other recreational areas. The agreement will last until the California Supreme Court makes its decision whether or not to review two recent Court of Appeals decisions that overturned similar ordinances in Orange County and the City of Irvine. Loma Linda’s decision was conveyed to California RSOL in a letter signed by the City Manager and dated March 17, 2014. The…
Read MoreEl Centro City Council repeals city ordinance on registered sex offender restrictions
El Centro City Council approved repealing a city ordinance relating to registered sex offender restrictions due to a state law that precedes the city’s ordinance. The city recently received a letter from a nonprofit group asking them to repeal the ordinance and would challenge the ordinance in court if it was not repealed in 60 days, El Centro Mayor Viegas-Walker said. El Centro and many other cities throughout the state are now having to repeal ordinances implemented in 2006 while the state figured out what the rules would be, said…
Read MoreRe-Offense Rate Drops in New CDCR Report
The rate at which registered citizens on parole commit a second sex offense has dropped to 1.8 percent according to a new report issued by the California Department of Corrections and Rehabilitation (CDCR). “The rate of re-offense for registered citizens on parole is an important fact for the public to know,” stated CA RSOL President Janice Bellucci. “It debunks the myth that registered citizens ‘always’ re-offend.” The report also noted a rise in parole violations from 86.9 percent to 88 percent. Parole violations can be minimal including consumption of a single alcoholic beverage…
Read MoreAdditional Counseling Not Required For Some Registrants
The California Supreme Court has denied review of a case thereby relieving some registered citizens from the duty to participate in a state-mandated sex offender management program. Specifically, as a result of the Supreme Court’s denial, registered citizens currently on probation whose sex offense occurred prior to September 10, 2010, are not required to complete a sex offender management program mandated by Penal Code Section 1203.067(b). The Supreme Court’s decision lets stand the decision of the Court of Appeal in the case People v. Douglas M. which was decided on October 24, 2013. The case was…
Read MoreRegistered Sex Offender Released After Being Wrongly Identified As Person on School Grounds
A registered sex offender who was believed to be the suspicious person spotted on a Sunnyvale school campus in January has been cleared in the case and is no longer in jail, a prosecutor said today. Theodore ____ ____, 42, of San Jose, was released from the Santa Clara County Main Jail on Feb. 24 after prosecutors concluded that he did not visit the South Peninsula Hebrew Day School in Sunnyvale on Dec. 20, Deputy District Attorney Brian Welch said. A prosecutor assigned to ___ case came to that conclusion…
Read MoreAnaheim, Grand Terrace Suspend Enforcement of Sex Offender Ordinances
The cities of Anaheim and Grand Terrace have agreed to suspend enforcement of sex offender ordinances that prohibit registered citizens from visiting public parks and other recreational areas. The cities reached this agreement with California RSOL after the organization notified them of recent appellate court decisions that such ordinances were preempted by state law and therefore could not be lawfully enforced. “These agreements are significant victories for registered citizens throughout the state of California,” stated CA RSOL President Janice Bellucci. “They will allow more than 105,000 citizens, their family members…
Read MoreCalifornia Bill Redefines Quiet, Consensual Sex as Rape
How does classifying most consensual sex as rape help rape victims? As a lawyer who has handled rape and sexual harassment cases, I have no idea, but this radical result is what some want to happen in California. In endorsing a bill in the California legislature that would require “affirmative consent” before sex can occur on campus, the editorial boards of the Sacramento and Fresno Bee, and the Daily Californian advocated that sex be treated as “sexual assault” unless the participants discuss it “out loud” before sex, and “demonstrate they…
Read MoreAre Record Numbers of Sex Offenders a Bad Idea in Downtown L.A.?
Downtown L.A. is going through a growth spurt: New bars and restaurants open almost every week, lofts are filling with tenants and even young families heeded the DTLA call and have begun to set roots in the area. But there is one population that has gone largely unpublicized; sex offenders. Full Article
Read MoreThe Trial That Unleashed Hysteria Over Child Abuse
It has long been said, in varying language, that a lie travels halfway around the world before the truth can get its boots on. You do not have to reach back 200 years to Scotland to find enduring wisdom in that adage. You need return only to the 1980s and to the subject of this week’s Retro Report documentary video, part of a series re-examining news stories from the past. This week’s subject is the notorious McMartin Preschool abuse trial. Full Article
Read MoreCouncil expanding sex offender prohibition zones
Sex offenders who committed crimes against children will have a hard time finding a place to live in Grover Beach if the City Council gives final approval to an ordinance amendment increasing the size of protected areas. The council unanimously approved the revisions on a first reading Monday. The amendment must come back for a final vote, likely at the next meeting March 17, before it can be enforced. Currently, child sex offenders are prohibited from living within 1,000 feet of the city’s 13 designated parks, schools and day care center.…
Read MoreAssembly Bill Would Increase Sex Offender Rights
The State Assembly is actively considering a bill, AB 1640, that would eliminate the registration requirement for sexual offenses that the California Supreme Court and several Courts of Appeal have ruled violate the equal protection rights of registered citizens. The bill was introduced by Assembly member Jones-Sawyer (Democrat, Los Angeles) and is sponsored by Los Angeles District Attorney Lacey. “Assembly Bill 1640, if passed, would be an important step toward restoring the civil rights of registered citizens,” stated CA RSOL President Janice Bellucci. “The bill would ensure that courts throughout the state of California consistently…
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