The Sixth Circuit Court of Appeals has issued a decision, that if left unchallenged, will require some individuals convicted of a sex offense to continue to register for life even if the state in which he resides no longer does. “This decision is shocking and could reverse the benefits of every state’s Tiered Registry laws as well as other post conviction relief,” stated ACSOL Executive Director Janice Bellucci. “The Court has literally ruled that once a sex offender, always a sex offender.” The petitioner in this case, Mr. Willman, was…
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Convicted of Sex Crimes, but With No Victims
[nytimes.com – 8/26/20] Jace Hambrick worked as an apprentice laborer during the week, renovating homes around Vancouver, Wash., and at a neighborhood gas station on weekends. Much of the rest of his life was online. He was hard-core, amassing a collection of more than 200 games. People told him it wasn’t smart to be so cut off from reality, but his internet life felt rich. As a dungeon master in Dungeons & Dragons, he controlled other players’ destinies. As a video warrior, he was known online by his nom de…
Read MoreKS: Court opinion affirms states’ authority to require sex offender registries
[stjosephpost.com – 8/24/20] TOPEKA – A ruling by the United States Court of Appeals for the 10th Circuit has reaffirmed the authority of states to maintain sex offender registries to inform the public and rejected the claim that registries are a form of punishment, Kansas Attorney General Derek Schmidt said Monday. The appellate ruling last week reversed a 2017 lower court decision striking down the Colorado sex offender registry as unconstitutional. The case involved a claim brought by three individuals against the director of the Colorado Bureau of Investigation. “While…
Read MoreJuvenile Law Center Report Advocates End of Youth Registration
[jlc.org – 8/13/20] The Juvenile Law Center released today a comprehensive report focused upon individuals who are currently required to register due to their conviction for a sex offense that was committed when they were children. According to that report, there are more than 200,000 such individuals including people who were convicted when they were only 8 years old. The report points out that children on sex offender registries are four times more likely to report a recent suicide attempt as compared to their peers. The same children face residency…
Read MoreAction Alert: UPDATED 8/29 Wellington, FL council looking to pass new rules for vacation rentals and those on the registry
[floridaactioncommittee.org – Action Alert – 8/24/20] 8/28/20 UPDATE: Wellington approves rules for vacation rentals Wellington, Florida is considering creating a rule that would require vacation rental owners to check to see if potential renters are on the sex offender registry. The meeting is scheduled for tomorrow [August 25] and will be held by Zoom. The Responsible Party for all Vacation Rental properties is required to conduct a nationwide search to confirm that the prospective Transient Occupant(s) is/are not a registered sexual offender or sexual predator as a result of…
Read MoreCO: Decision in Millard v. Rankin (10th Circuit US Court of Appeals)
Plaintiff-Appellees David Millard, Eugene Knight, and Arturo Vega challenge the constitutionality of Colorado’s Sex Offender Registration Act (CSORA). The district court held CSORA was unconstitutional as applied to the Appellees because the statute inflicted cruel and unusual punishment and violated substantive due process guarantees. Additionally, the district court held that the state courts’ application of CSORA’s deregistration procedures to Vega violated his procedural due process rights. Defendant-Appellant, the State, appeals from the entirety of the district court’s decision. Because the district court’s ruling contravenes binding Supreme Court and Tenth Circuit…
Read MoreIL: Inside the Endless Nightmare of Indefinite Detention Under “Civil Commitment”
[inthesetimes.com – 8/19/20] In June 2019, after serving more than 29 years in Illinois prisons, Otis Arrington expected to be released to freedom: He had finished his time, which he describes as difficult and traumatic, and his exit date was pending. But three days before he was slated to get out, Arrington says he was informed that he would, instead, be placed under a new form of confinement — one with no end date, meted out after he had already completed the punishment imposed by the criminal courts. “I was supposed to get out, and…
Read MoreAL: CCBOE approves policy for low risk juvenile sex offenders
[cullmantimes.com – 8/15/20] The Cullman County School Board has approved a new board policy that will allow the superintendent and school administrators to know the names of students in the system who are low risk sex offenders. The policy was approved during Thursday night’s meeting to bring the system in line with Annalyn’s Law, which was passed by the state in 2018 and requires local law enforcement to notify school system’s when a low risk juvenile sex offender is enrolled in one of its schools. Learning Support Specialist Karen Pinion shared some of…
Read MoreFederal Government Publishes Proposed Changes to SORNA
[ACSOL] The federal government yesterday published in the Federal Register proposed changes to the Sex Offender Registration and Notification Act (SORNA). The changes encompass a total of 93 pages and include a wide range of topics, including retroactivity, tier levels, professional licenses and travel (both domestic and international). Replies to the proposed regulations are due no later than October 13, 2020. According to the proposed regulations, SORNA will apply to all individuals convicted of a sex offense, including those convicted before it was enacted. The federal government claims to have…
Read MoreCO: New law closes loophole regarding sex offender treatment
[koaa.com – 8/12/20] SOUTHERN COLORADO — Colorado legislators have closed a loophole in state law that allowed certain sex offenders to get out of prison early and transfer to community corrections before completing required treatment. To fully understand what exactly changed in the law, it’s important to take a step back and learn more about the Colorado Sex Offender Lifetime Supervision Act (LSA). This allows people convicted of high-level sex offenses to stay in prison or under supervision until they have progressed in their treatment and are no longer considered…
Read MoreTN: Win in Tennessee – District Court Denies State’s Motion to Dismiss and Grants Injunction on Ex Post Facto Grounds
[floridaactioncommittee.org – 8/10/20] A Tennessee Federal District Court last week denied the State’s Motion to Dismiss and ordered an injunction preventing them from enforcing the sex offender registry against an individual whose offense pre-dated the enactment of the ordinance. The best part of this case was that the court based its opinion on Ex Post Facto grounds! Read the full article Link to PDF of the decision [eagle.com]
Read MoreSex offender loses COVID-19 contract at VA hospital after USA TODAY asks questions
[usatoday.com – 8/11/20] Ezekiel Lopez is a registered child sexual predator in Illinois who spent more than three years in prison for sexually abusing two teenage girls under his care. The conviction was not a barrier between Lopez and more than $700,000 in federal contracts to provide cleaning and janitorial services to help fight COVID-19 at the Edward Hines Jr. VA Hospital just outside Chicago. No rules specifically prevented it. Government contractors are supposed to indicate on their applications whether they’ve had any felony convictions within the past two years. But Lopez was convicted…
Read MoreFL: Get the Facts: Did a Florida Senate 9 candidate defend a sex offender?
[wesh.com – 8/7/20 – Smear alert] SEMINOLE COUNTY, Fla. —One of the Democratic contenders in the State Senate District 9 race covering Seminole and part of Volusia counties is the target of a negative mailer that claims she defended a sex offender. “I do not believe any of this nonsense. It’s just trash,” Patricia Sigman said. Democratic candidate Patricia Sigman is furious about the new attack mailer. It blasts the attorney for “defending a sexual predator” calling it “indefensible.” The flyer, however, is misleading. Former Osceola County deputy Chad Lakey…
Read MoreNJ: Dem Congressman Once Lobbied Against Child Sex Offender Registry Bill
[dailycaller.com – 8/6/20] A Democratic congressman once fought against legislation that strengthened and improved the national child sex offender registry before taking office. Tom Malinowski, before becoming a Democratic congressman from New Jersey, lobbied against a 2006 bill that imposed tougher penalties on sex offenders, a review of congressional records and lobbying disclosures by The Washington Free Beacon found. He said that expanding sex offender registry requirements would put sex offenders “at risk of retaliation and discrimination.” … Malinowski was a top lobbyist for Human Rights Watch in 2006 and…
Read MoreLA: Acadia Sheriff’s deputies arrest registrants for not disclosing status on social media
[katc.com – 8/6/20] Acadia Parish Sheriff’s deputies have identified seven sex offenders who have been in violation of sex offender social media laws, Sheriff KP Gibson says. Between March of 2020 and July of 2020, the sheriff’s sex offender registry unit conducted an investigation of all registered sex offenders in the parish, to ensure they were following the law regarding use of social media. They found seven registered sex offenders were using social media illegally, but not posting on their profile that they were convicted sex offenders, conviction information, address,…
Read MoreMI: Michigan’s top court kills lawsuit by wrongly imprisoned man
[washingtontimes.com – 7/30/20] DETROIT (AP) – The Michigan Supreme Court has stopped a man from suing the state after he spent more than a year in prison for a crime that wasn’t a crime. The man was behind bars for 17 months for failing to provide accurate information for Michigan’s sex offender registry. The Corrections Department then discovered that he actually wasn’t required to register. The man sued the state, arguing that his constitutional rights were violated. The Supreme Court heard arguments in April but dropped the case in a…
Read MoreEarly Jail Releases During Pandemic Didn’t Lead to Crime Spike: Study
[thecrimereport.org – 7/27/20] A study of 29 U.S. cities has found no correlation between the early release of detainees from the cities’ jails due to COVID-19 fears and any increase in crime in those cities between March and May. “The analysis confirmed that the amount by which a county changed their jail population wasn’t correlated with the amount of change in crime,” said the report by the American Civil Liberties Union, “Decarceration and Crime During Covid-19,” released Monday. “We found no evidence of any spikes in crime in any of…
Read MoreNY: Despite Politicians’ Assurances, All Sex Offenders are Not Barred from New ‘Homeless Hotels’
[westsiderag.com – 7/29/20] Despite reassurances from politicians that there are no sex offenders at the three new homeless shelters on the Upper West Side, the city can’t bar all sex offenders from city shelters, according to Isaac McGinn, spokesperson for the Department of Homeless Services (DHS). Only sex offenders deemed “residency restricted” can be banned from shelters that are less than 1,000 feet from schools or child-care facilities, McGinn explained. Gaining that designation depends on factors like the severity of the offense and the offender’s criminal justice status. It appears…
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