[bloomberglaw.com – 11/25/19] The U.S. Supreme Court refused Nov. 25 to once again consider whether Congress is disregarding a long-held legal doctrine and giving too much power to federal agencies. Last term a short-handed Supreme Court refused to reinvigorate the “non-delegation doctrine,” which prohibits lawmakers from effectively passing off their legislative authority to another branch of government. The doctrine was used to upend New Deal legislation in the 1930s, but has been dormant since. Conservatives and libertarians eager to dismantle the so-called administrative state are eager for the court to…
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WI: Gov. Tony Evers Vetoes Changes To Sex Offender Residency Requirements
[wpr.org – 11/25/19] Measure Passed Legislature With Unanimous Vote, Bipartisan Support Gov. Tony Evers has vetoed a bipartisan bill that would have lifted state restrictions on how close people convicted of sex crimes can live to schools. The bill, which passed the state Assembly and Senate unanimously, would have repealed a state law that bars sexually violent persons from living less than 1,500 feet from schools, public parks, places of worship or youth centers. The bill would also have required offenders be placed in their home county after being released from…
Read MoreMD: The Absurdity Of Charging 10-Year-Olds As Sex Offenders
A ten-year boy has just been charged as a sex offender as a result of a schoolyard game of tag that got out of control. As reported by the local CBS news affiliate: “the fourth-grade students were playing a game of tag that escalated when a boy began making inappropriate comments and movements toward the girls. One of the boys also wrapped his arms around one of the girls.” Full Article Related https://baltimore.cbslocal.com/2019/11/22/10-year-old-boy-charged-sex-offense-marbury-maryland-school/
Read MoreNY: Pushed Out and Locked In – The Catch-22 for Disabled, Homeless, Sex-Offender Registrants
Across New York, people are incarcerated for weeks, months, and even years after their prison release dates. These individuals are not confined for violating prison disciplinary rules or committing new crimes. New York’s Department of Corrections and Community Supervision (DOCCS) detains them, instead, because they are homeless. DOCCS refuses to release prisoners to community supervision without an approved address. But for prisoners required to register as “sex offenders,” finding housing means navigating a web of restrictions that are levied exclusively on people convicted of sex crimes and that dramatically constrain…
Read MoreRI: Lawmaker hopes to expand Megan’s Law to include crimes that predate it
One local lawmaker is pushing for sexual predators found guilty of crimes decades ago to be treated the same way as those convicted more recently. The push comes after convicted child molester ____ ____ moved to Cranston at the beginning of the month. Since his crime pre-dates Megan’s Law, which led to the creation of the sex offender registry, residents weren’t notified of his arrival or address. Full Article
Read MoreFL: Miami-Dade uproots sex offender camp yet again. Does harsh law really make public safer?
The latest eviction order came earlier this month: Some 70 paroled child sex offenders, now living in a flimsy village of tents, cardboard boxes and rusty campers in an industrial zone just east of Miami International Airport, were told they had to find a new home — yet again. Full Article
Read MoreWA: A claw and a bat. People arm themselves as tensions rise over homeless RVs at the Capitol
[spokanepublicradio.org – 11/21/19] In the shadow of Washington’s Capitol dome is a broad boulevard — called Deschutes Parkway — with a popular walking and running path that curves along Capitol Lake and links the city of Olympia to the neighboring city of Tumwater. The parkway, the adjacent lake and nearby Marathon Park are technically part of Washington’s expansive Capitol campus complex. It’s along this picturesque stretch of road, where parking is not restricted, that in recent months motorhomes, trailers and campers in various states of disrepair have begun to take…
Read MorePA: Sex offender removed from the hospital during the birth of his child
Many of the stories we bring you on a daily basis here at WPXI are clear cut. They’re right or wrong. But this one had us here in the newsroom debating and even questioning ourselves. It’s one of those rare instances where you see both sides. Ken Moore is a registered sex offender but never thought that would keep him from seeing the birth of his third child. Full Article
Read MoreIL: Illinois Supreme Court strikes down social media ban for sex offenders
Illinois’ highest court ruled Thursday that it is unconstitutional to ban convicted sex offenders from social media sites. Conrad Allen Morger was convicted of sexually abusing a minor and sentenced to four years of probation by a court in McLean County. That came with a binding condition he not use specific internet sites, such as Facebook, Twitter, Instagram and LinkedIn. During oral arguments, held in September in Godfrey, Morger’s representative said the ban is a violation of the U.S. Constitution’s First Amendment fundamental right to freedom of speech. Full Article…
Read MoreCA: CASOMB Reports Significant Increase in Number of Registrants
[ACSOL] The number of individuals required to register as a sex offender in the state of California continues to grow rapidly, according to the CA Sex Offender Management Board. The current number of registrants in the state is 108,970, an increase of about one thousand people in only five months. “The rapid growth in the number of registrants in California must stop,” stated ACSOL Executive Director Janice Bellucci. “A significant part of this growth is made up of individuals convicted of offenses involving unlawful images, including teens who are viewing…
Read MoreOH: Ohio state lawmaker re-introduces 18-and-under sexting bill
[cleveland.com – 11/20/19] COLUMBUS, Ohio — An Ohio state lawmaker has proposed banning sexting for those 18 and under. Underage sexting is already illegal, but Senate Bill 239, introduced Wednesday, carves out a legal definition that makes it a less-serious offense than other crimes involving sexual images of minors. The bill’s sponsor, state Sen. Nathan Manning, a North Ridgeville Republican, said his proposed law is meant to prevent minors from facing charges that would force them to register as a sex offender. Read more
Read MoreKat’s Blog: Registrants Left Out in the Cold, Again
Great News! Fremont, Ohio in Sandusky County has a homeless shelter. A homeless shelter that denies access to registrants, but a homeless shelter none the less. I can’t help but wonder what the “do-gooders” of this town were thinking when they set up what is basically an “emergency shelter” and then decided to be prejudiced against who they will take in. According to the local law enforcement of Fremont, there are approximately 6-8 homeless each night in the town. Coincidently, the new shelter can hold 8 people. But if one…
Read MoreFL: Judge rules Pinellas detective, prosecutors lied in child porn case. Defendant could go free
[tampabay.com – 11/21/19] A 63-year-old man facing charges of lewd and lascivious molestation and possession of child pornography could go free after a judge found that Pinellas sheriff’s detectives and Pinellas-Pasco prosecutors lied to obtain a search warrant in the case. The Tampa Bay Times obtained a Nov. 1 order written by Pinellas-Pasco Circuit Judge William Burgess III in which he found law enforcement officials engaged in a “ruse” to obtain a search warrant for one crime that they used to obtain evidence to prosecute other crimes. “Had it not…
Read MoreCO: Mom’s Lawyer Rebukes ‘Unfair’ Utah Law that Could Make Her Client Register as Sex Offender for Being Topless at Home
[newsweek.com – 11/20/19] A woman could be forced to register as a sex offender after prosecutors charged her with a crime related to going topless in her own home. On Tuesday, lawyers for _____, 27, asked Circuit Court Judge Kara Pettit to strike down a state law that they say represents an “unfair” and unconstitutional legal double standard. _____ is facing three misdemeanor counts of lewdness in front of a child while her husband, who was also topless at the time, faces no charges. If convicted, she could face time…
Read MoreCA: Federal Court Voids San Diego Residency Restrictions [NEW LINKS]
[New related links added] [ACSOL] A federal district court determined today that San Diego’s residency restrictions are void. As a result, the city cannot restrict where a registrant who is not on parole may reside. “The court’s decision today settles plaintiffs’ Motion for Partial Summary Judgment, but does not settle the entire case,” explained civil rights attorney Janice Bellucci. “We will continue the case in order to protect the rights of all registrants who choose to reside in San Diego.” Plaintiffs filed their motion on June 27…
Read MoreFL: Miami-Dade County closing down homeless camp while promoting homeless awareness week
[local10.com – 11/18/19] MIAMI-DADE COUNTY, Fla. – A group of people living in a Miami homeless camp is being told to leave. This is happening in the middle of Homeless Awareness Week. … It’s now so large that the county is deeming it a sanitary nuisance and a safety issue, sending cease and desist notices to dozens who call the street home. The order comes into effect as the county is promoting its hunger and homelessness awareness week, asking the public to be more considerate of residents without roofs over…
Read MoreCivil Rights Attorney Adele Nicholas Joins ACSOL Board of Directors
[ACSOL] Civil rights attorney Adele Nicholas, whose office is located in Chicago, has joined the board of directors of ACSOL, a nationwide non-profit organization. Nicholas’ legal practice is devoted to fighting systemic abuses in the criminal justice systems as well as combatting police misconduct. “We are delighted that Ms. Nicholas has agreed to join the leadership of ACSOL,” stated ACSOL Executive Director Janice Bellucci. “She is a zealous advocate for rational evidence-based sex offense laws and has devoted a substantial part of her practice to successfully challenging the constitutionality of residency restrictions, presence restrictions…
Read MoreOK: New sex offender reporting law in effect
As of November 1, sex offenders residing with a minor child must now report to the statewide centralized Oklahoma Department of Human Services (DHS) hotline. Previously, only the parent, stepparent or grandparent of a minor had to report to the hotline. Sen. Adam Pugh, R-Edmond, authored the bill at the request of DHS to better protect all of Oklahoma’s children. Full Article
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