[abcnews.go.com – 1/19/21] RICHMOND, Va. — Two Virginia Democratic lawmakers are spearheading a push to repeal a decades-old law that allows the state to hold certain sex offenders at psychiatric facilities indefinitely after their criminal sentences if they are deemed “sexually violent predators.” Critics say civil commitment laws are fundamentally unfair and violate the constitutional prohibition against punishing someone twice for the same crime. Supporters counter that the laws protect society from repeat offenders who are unable to control their behavior. Sen. Joe Morrissey and Del. Patrick Hope, both Democrats,…
Read MoreCategory: National
MN: Sex offenders at Moose Lake protest harsh conditions after deaths from COVID-19
[startribune.com – 1/18/21] Outbreak fuels long-simmering tensions over civil commitment after sentences. A group of sex offenders at a northern Minnesota treatment center is refusing to attend therapy sessions, while others are wearing black clothing as a show of solidarity, amid growing unrest after three men housed there died and scores more were sickened by the novel coronavirus. The acts of defiance were organized to call attention to what offenders see as poor infection-control practices and the historically low rate of release from the state’s prisonlike treatment centers in Moose…
Read MoreAction Alert for WA Residents: Write Comments on HB 1078 to Restore Ex-Felons’ Voting Rights
[familysafetyfoundation.org – 1/18/21] This Thursday, January 21, the Washington House State Government and Tribal Relations committee will vote on HB 1078. If this bill becomes law, voting rights will be restored to all Washington state citizens who have been convicted of a felony as soon as they are released from incarceration. Under current law, voting rights are only restored after the person is released from community supervision and the person has finished meeting any legal financial obligations associated with the conviction. Information about the bill and a video recording of…
Read MoreWA: Change in legal ruling creates stricter rules for Washington sex offenders
The laws just got a little stricter for Washington sex offenders after a recent state Supreme Court ruling that applies to offenders from out of state who move here. Full Article Opinion
Read MoreAZ: Arizona’s Sex Offender Laws: Recommendations for Reform
[Tamara Rice Lave in arizonastatelawjournal.org – 1/13/21] In this Article, I consider ways in which Arizona’s laws regarding sex offenders should be reformed. I begin by focusing on laws that are designed to deal with the danger posed by convicted sex offenders: registration requirements, residence restrictions, and civil commitment. I contend that the state has overstated the risk posed by convicted sex offenders and that the laws meant to control them may do more harm than good. Next, I turn to police sexual violence. I argue that the state needs…
Read MoreFL, IL, TX: Employment: Do you have a computer and a good internet connection? HomePro is hiring survey reps!
[floridaactioncommittee.org – 1/15/21] [ACSOL disclaimer: Our re-posting of this Florida Action Committee article is only a courtesy to ACSOL readers and not an endorsement. Please do your own research, starting with carefully reading the article and comments on the FAC website] From HomePro Telecommunications: I have immediate openings for part-time Survey Representatives. I started HomePro Telecommunications because I’ve heard from so many people that they simply cannot find work because of their background. This is a great opportunity to get back on your feet. The job involves using your computer…
Read MoreFourth Circuit Strikes Bans on Internet, Legal Pornography For Sex Offender
[fd.org – 1/10/21] The Fourth Circuit held (link is external) that conditions of supervised release banning legal pornography and internet access are too restrictive and cannot be sustained as “reasonably related” under 18 U.S.C. 3583(d)(1) and are overbroad under 18 U.S.C. 3583(d)(2). The court explained that the district court abused its discretion in imposing an outright ban on defendant possessing legal pornography or entering any location where it may be accessed. … The circuit stated that pornography use was not the basis of any violation. Further, when defendant lied about…
Read MoreIN: No Registration for Registrants From Other States If Their Crime Wouldn’t Require it in Indiana
INDIANA DEPARTMENT OF CORRECTION, et al, Defendants-Appellants. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:16-cv-02865-RLY-TAB — Richard L. Young, Judge. ____________________ ARGUED JANUARY 14, 2020 — DECIDED JANUARY 6, 2021 ____________________ Before ROVNER, WOOD, and ST. EVE, Circuit Judges. ROVNER, Circuit Judge. Sex offender registration and notification laws have a unique place at the intersection of criminal and civil law. These civil laws impose cumbersome and often lifelong burdens on former criminal perpetrators, many of whom have finished all forms…
Read MoreVA: Virginia Crime Commission recommends eliminating all mandatory minimum sentences
[virginiamercury.com – 1/7/21] Members of the Virginia Crime Commission voted overwhelmingly Tuesday to endorse legislation stripping all mandatory minimum sentences from state code. The sweeping proposal, which lawmakers plan to introduce when the General Assembly convenes later this month, would eliminate mandatory jail and prison terms attached to 224 offenses that range from drunken driving to child rape. Lawmakers on the commission who backed the proposal — all Democrats — called it an important step to restore sentencing discretion to local judges and juries. … Most of the mandatory minimum…
Read MoreND: Should North Dakota Extend the Statue of Limitations for Prosecuting Sexual Abuse?
[hot975fm.com – 1/5/21] … But three North Dakota lawmakers are working to make sure other victims get the justice they deserve. The lawmakers had been planning bills that would extend the statute of limitations for reporting and prosecuting sex crimes before the Attorney General made his decision. Learn more about the potential bills here. Read the full article and links to the proposed bills Related: Lawmakers seek to extend North Dakota statutes of limitation in child sex abuse cases [inforum.com – 1/5/21 – REQUIRES FREE REGISTRATION] FARGO — Three state legislators, a Republican and two…
Read MoreNY: After 25 Years, It Is Past Time To Reform New York’s Sex Offender Risk Assessment System: Part I
[law.com – 1/5/21] In this article, the author outlines the significant flaws of the sex offender risk assessment instrument. A second article to be published later will explain why these deficiencies are not adequately corrected by court departure determinations. Convicted sex offenders under New York law must have their risk of reoffense assessed by courts under the Sex Offender Registration Act (“SORA” or “Megan’s Law”) with courts determining whether offenders are at low, moderate or high risk to re-offend. The rankings not only determine the length and intrusiveness of sex…
Read MoreHow Thousands of American Laws Keep People ‘Imprisoned’ Long After They’re Released
[politico.com – 12/30/20] In the run-up to the election in November, there was a pervasive belief that the fate of the nation could hinge on Florida because of its 2018 passage of Amendment 4, which reversed a permanent voting ban for 1.4 million Floridians with felony records. Then, in September, an appellate court ruled that people with felony convictions must pay all their court fines and fees before they are permitted to exercise the franchise. Activists called the decision an affront to American democracy; the vote, they argued, is the…
Read MoreMI: Whitmer signs bill with long-awaited changes to sex offender law
Gov. Gretchen Whitmer on Tuesday signed a bill that would eliminate school safety zones and certain appearance requirements in Michigan’s Sex Offender Registration Act. Full ArticleFull Article
Read MoreNV: How Public Defenders Rocked Las Vegas Judge Elections
[theappeal.org – 12/21/20] Community organizing in Nevada’s Clark County helped judicial candidates “flip the bench” to challenge cash bail and mass incarceration. When Christy Craig started working at the public defender’s office in Clark County, Nevada, in 1998, she didn’t plan to ever run for judge. “I knew that was my gig,” Craig said. “I couldn’t have been happier to be there.” Since then, Craig has represented thousands of defendants and scored landmark wins in suits against the State on issues of correctional mental health and cash bail. But soon…
Read MoreNY: New York Issues First-In-Nation Moratorium On Facial Recognition In Schools
[forbes.com – 12/22/20] Topline New York Gov. Andrew Cuomo signed a bill Tuesday temporarily banning the use of facial recognition in schools, making it the first state to take such a step. Key Facts The law suspends facial recognition and other biometric technology in both public and private schools until July 2022, directing the state to conduct a study and issue recommendations about whether the technology is appropriate for schools. Cuomo’s office said the study will “seek feedback from teachers and parents, as well as experts in school safety, security,…
Read MoreNew Federal COVID Bill Provides Funding for Registrant Management
[ACSOL] Congress passed a new bill yesterday that is primarily focused upon COVID issues. Hidden in that legislation, which totals more than $900 billion, is about $200 million for the management of individuals required to register as sex offenders. The largest amount of funding for the management of registrants is $179 million for expenses related to “community supervision and sex offender registration” including expenses related to a protection order. In addition, the legislation provides $20 million for “sex offender management assistance” pursuant to the Adam Walsh Act and $1 million…
Read MoreHow extreme porn has become a gateway drug into child abuse
[theguardian.com – 12/15/20] Michael Sheath has been counselling people with what he describes as “deviant sexual interests” for a long time. “I have been working with men who abuse children for 33 years. For the first 15 years I worked with child molesters and I still do that, but now I also work with downloaders of child abuse imagery and online groomers.” Sheath is principal practitioner at the Lucy Faithfull Foundation, counselling men who have been arrested for looking at child abuse images. He is on the frontline of what…
Read MoreCrow introduces bill to deny Congress members’ pensions for sexual misconduct
[gazette.com – 12/21/20] U.S. Rep. Jason Crow was among the representatives on Friday to propose denying members of Congress their annual retirement payments if convicted for sexual misconduct. “As a soldier I learned that leadership starts with the example you set. I have long believed that members of Congress must be held to the same standard as our men and women in uniform,” said Crow. “However current law gives a pass to those in Congress. Sexual abuse is a crime and we must ensure it is treated like one and…
Read More