[ACSOL] The Governor of Colorado has issued an Executive Order that temporarily suspends the requirement to register in person during the pandemic. Specifically, the Order suspends the requirement that registrants provide a current photograph or a set of fingerprints to verify their identity during registration. As a result, registrants are allowed to register using alternate effective means determined by local law enforcement. The purpose of the Executive Order, issued on April 6, is to “mitigate the effects of the pandemic, prevent further spread, and protect against overwhelming our health care…
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Kat’s Blog: State Representatives or Modern-Day Snake Oil Salesmen?
Some Tennessee Representatives and Senators seem hellbent on promoting a never- ending stream of bills that serve one purpose, to make the lives of registrants miserable. There are several state representatives in particular that concoct a constant barrage of new bills aimed specifically at “sex offenders”, bills that appear to be the “bread and butter” of these “representatives of the people.” If they’ve made it their life’s mission to deny any humanity, any shred of dignity to registrants, they’re doing a fine job. Perhaps they reason, this is what gets…
Read MorePrison phone companies are profiting from a pandemic, here’s how the FCC can help
[thehill.com – 4/21/20] These days, most of us are staying in touch with our loved ones by phone calls or video chats. A single phone call costs us nearly nothing, a video chat requires only a Wi-Fi connection. But for millions of people, it isn’t so easy. As jails and prisons suspend in-person visits, most incarcerated people and their families are paying outrageously high costs to simply stay connected. The Federal Bureau of Prisons just made voice and video visitation free in its 122 prisons, and while noteworthy, this isn’t enough to ensure…
Read MoreBipartisan coalition calls on SBA to roll back record-related restrictions in COVID-19 small business loan programs
[womenagainstregistry.org and ccresourcecenter.org – 4/18/20] On April 17 a diverse bipartisan group of civil rights, advocacy, and business organizations, including CCRC, sent a letter to Treasury Secretary Mnuchin and SBA Administrator Carranza expressing concern over the restrictions imposed by the SBA on people with a record of arrest or conviction under two programs recently authorized by Congress in response to the COVID-19 crisis. The letter points out that these unwarranted restrictions on loan programs intended to aid small businesses and non-profits will have a significant and detrimental impact in communities across the…
Read MoreIL: Porn Convictions Tossed Due to Use of Confidential Information
[bloomberglaw.com – 4/14/20] An Illinois man’s convictions on two counts of child pornography were tossed and resentencing was required on a third because the trial court improperly allowed the jury to hear confidential pretrial services information about his residence, the Seventh Circuit ruled. Defendant Michael Chaparro told the Office of Probation and Pretrial Services he had lived at the address linked to a computer containing images of child pornography. Read the full article (ONLY with a subscription!) Read the court document
Read MorePath of Federal Criminality: Mobility and Criminal History
[ussc.gov – 4/14/20] This study expands on prior Commission research by examining the geographic mobility of federal offenders. For this report, mobility is defined as having convictions in multiple states, including the location of the conviction for the instant offense. This report adds to the existing literature on offender criminal history in two important ways. First, the report provides information on how mobile federal offenders are, as measured by the number of offenders with convictions in multiple states. Second, the report provides information on the proportion of offenders with convictions…
Read MoreEARN It Act is ostensibly a bill to prevent sexual exploitation of children online, but critics say it could end internet privacy and encryption features
[govtrackinsider.com – 4/8/20] A potential list of legally binding but to-be-determined “best practices” for internet companies could include almost anything. Context If somebody uses an open online platform such as Facebook, Craigslist, or Reddit to post illegal material such as child pornography, is the platform itself legally liable? Since the enactment of the Telecommunications Act of 1996, the answer has been no. The person or user who posted the material can — and should — be found criminally guilty, but not the website itself. (Unless the actual primary activity of…
Read MoreNY: NYC Bar Report to Gov. Andrew Cuomo: Call to Temporarily Suspend In-Person Reporting Requirements
[mitchellhamline.edu – 4/3/20] By NYC Bar Committee | April 3, 2020 Dear Governor Cuomo: The New York City Bar Association’s Criminal Justice Operations Committee and the Sex Offender Registration Act Working Group write this letter to urge the temporary suspension of in-person reporting requirements for people on the sex offender registry in the wake of the COVID-19 pandemic. By continuing to require in-person reporting for the 8,050 New York City residents on the registry, all of whom have in-person reporting requirements at the same office in lower Manhattan, the health…
Read MoreIL: Lawsuit – Release Sex Offenders Who Have Served Their Time
Sex offenders who have completed their sentences but are still being held in Illinois prisons should be released as part of the effort to reduce the state’s prison population during the COVID-19 crisis, according to a lawsuit filed in federal court. The request for a temporary restraining order was filed on behalf of Marcus Barnes, a sex offender held at Graham Correctional Center, and about 300 other sex offenders who remain in prison because they have not located state-approved housing required for their release. Full Article
Read MoreFL: Broward jail inmate with coronavirus dies at hospital
[sun-sentinel.co – 4/8/20] A convicted sex offender became the first Broward County inmate to die from the new coronavirus, underscoring concern over how the pandemic will pose problems for detention facilities across South Florida. Alan Pollock, 64, died at Northwest Medical Center in Margate on Tuesday afternoon, according to the Broward Public Defender’s Office, which represented him. Broward County’s jails have had at least five inmates test positive for the coronavirus, which has been spreading in detention centers across the U.S. Nationwide, the disease has infected hundreds of detainees as…
Read MoreMI: Judge: State sex offender registry can’t be enforced in pandemic
[detroitnews.com – 4/6/20] A federal judge is commanding state authorities to stop enforcing rules under the Michigan Sex Offender Registry Act during the coronavirus pandemic. According to an interim order U.S. District Judge Robert Cleland issued Monday, officials are “preliminarily enjoined from enforcing registration, verification, school zone, and fee violations of (the act) that occurred or may occur from February 14, 2020, until the current crisis has ended, and thereafter until registrants are notified of what duties they have under SORA going forward.” On Valentine’s Day, Cleland declared the act unconstitutional…
Read MoreMD: Maryland High court rules sex offender registration qualifies as ‘punishment’
[By Guy Hamilton-Smith, an ACSOL board member, a 2019 JustLeadershipUSA fellow, and a contributor to The Appeal and Slate. You can read more of his writing on his website] The Maryland Court of Appeals — Maryland’s highest court — issued an opinion this week that, effectively, calls a spade a spade: that being listed on a sex offense registry constitutes punishment. In Rogers v. State, the appellant had been convicted of a crime that would require registration if the victim was a minor. However, the age of the victim was not an element of…
Read MoreNY: State poised to institute sex-offender ban on mass transit
[politico.com – 4/2/20] New York State is poised to enact a ban on some sex offenders in New York’s mass transit system, a move long sought by the Metropolitan Transportation Authority and long dreaded by civil libertarians. The state budget that leaders are now finalizing would allow judges to ban individuals convicted of some sex crimes in mass transit from using the system for up to three years. The MTA has pushed for the ban, arguing that those who commit sex crimes on the subway or bus do so again…
Read MoreNY: New York releases some Level 3 sex offenders, houses them at Holiday Inn Express
[leoaffairs.com – 4/1/20] Sex offenders in western New York have been released as part of the pandemic, with several currently being housed in a Holiday Inn Express. The Level 3 offenders, who were released as part of the outbreak, have drawn the attention of local journalists, citizens and police officials alike, particularly in the town of Greece. “Among the inmates known to be staying at the Holiday Inn Express are four registered sex offenders,” Sabrina Maggiore tweeted. “Three of whom are registered as level 3 sex offender and are deemed…
Read MoreSBA Loans offer resources for small business owners… except sex offenders
[floridaactioncommittee.org – 3/31/20] A member pointed something out that we were not aware of, but in times of crisis (such as we are in), becomes critical to businesses. The US Small Business Administration (SBA) provides small businesses with low interest loans to help recover from disasters, including the present financial disaster that is caused by the Coronavirus outbreak. The loans can save companies and their employees from going under during these difficult times. The SBA is here to save small businesses… unless they are owned by a person required to…
Read MoreFL: Tampa Opens Tent Shelter For Homeless [except registrants] During Coronavirus Pandemic
[floridaactioncommittee.org – 3/30/20] Even in states of emergency, governments take any opportunity to kick persons required to register as sex offenders. With a county-wide order for people to stay indoors now in effect, the city of Tampa is establishing a tent city that will allow up to 100 homeless people to shelter in place. The city will pay Catholic Charities Diocese of St. Petersburg $120,000 to run a temporary homeless camp for the next 30 days. The shelter will be open to any homeless person except for registered sex offenders.…
Read MorePennsylvania, Oregon Suspend In-Person Registration
[ACSOL] The States of Pennsylvania and Oregon have temporarily suspended in-person registration for all registrants in those state. Instead of in-person registration, Pennsylvania is allowing registrants to register by mail, if needed, and Oregon is allowing registrants to register by telephone. “Pennsylvania and Oregon are protecting the public, including registrants and their families, from further infection of COVID-19 by suspending in-person registration,” stated ACSOL Executive Director Janice Bellucci. “These states are setting an example that should be followed by all 50 states in the nation.” In Pennsylvania, registrants are…
Read MoreND: Yet another way COVID-19 has changed life: Fargo sex offenders can now register remotely
[inforum.com – 3/29/20] FARGO — The Fargo Police Department is allowing sex offenders to register by phone in an effort to prevent the spread of coronavirus, while other local law enforcement agencies continue the registration process with few changes. Fargo police made the switch March 19, the same day it closed the lobby of its headquarters. The department is making several adjustments to its operations to limit contact amid the global pandemic, and having sex offenders register via phone is one of them. “If a new registrant who has never…
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