Source: bloomberglaw.com 8/23/24 Third-party employee screening companies are finding themselves more in the litigation fray in California for blocking job seekers with criminal records thanks to a growing advocacy and legal movement that’s pushing to hold them accountable alongside employers. A group of background check companies—DISA Global Solutions Inc., the Health and Safety Council, and the North American Background Screening Consortium—and three oil refinery businesses are accused of using a rating system that screens out otherwise qualified candidates solely based on their previous convictions that have no adverse relationship with…
Read MoreMore News
Watchdog: FBI continues to fail child sex abuse victims despite reforms after bungled Nassar investigation
Source: kcra.com 8/29/24 WASHINGTON —The FBI has continued to mishandle allegations of child sexual abuse in the years after the bureau’s notorious bungling of the investigation into disgraced USA Gymnastics doctor Larry Nassar, according to an audit by the Justice Department’s inspector general released Thursday. Because of those failures, allegations of sexual abuse against children were left unaddressed for months while minors continued to be victimized, the audit found. The audit followed up on issues that the department’s top watchdog identified as part of its scathing investigation into how the…
Read MoreOR: Accused child molester’s conviction overturned because judge wouldn’t remind jury that he was innocent until proven guilty
Source: oregonlive.com 8/26/24 A Washington County judge’s attempt at saving time by declining to read aloud a lengthy set of legal principles to a jury — including that the defendants are presumed innocent unless they are proven guilty — has prompted the Oregon Court of Appeals to throw out a man’s convictions for repeatedly sexually abusing a 9-year-old girl. In reversing the convictions and 50-year prison sentence of 35-year-old Derek ___, the Appeals Court said it was recognizing the “Extreme importance” that jurors understand the “fundamental constitutional” rules at play…
Read MoreCA: California courts now required to advise defendants of possible SVP plea consequences
Source: kpbs.org 8/26/24 The California Supreme Court ruled Monday that trial courts will be required to advise defendants of the consequences of pleading guilty to crimes that could make them eligible for designation as a sexually violent predator, in a ruling stemming from a case out of El Cajon. The state’s highest court found that typically, defendants are not informed that their pleas to certain charges could result in being designated as a sexually violent predator, or SVP, which could lead to an indefinite commitment to a state hospital for…
Read MoreAZ: I sent an Arizona man to prison for 290 years. His case still haunts me
Source: azcentral.com 8/26/24 I sent plenty of people to prison during my career as a judge. Now I’m working to get one man out, and not because I think he’s innocent. I participated in hundreds of sentencing hearings in my 44-year career as a prosecutor and as a judge. Most of the sentences imposed were within the range I thought reasonable given the crime committed and the defendant’s background. Occasionally, the law mandated an excessive sentence, which I had to impose. By far the most egregious example of an excessive…
Read MoreRestricting Freedom of Movement Is a Favorite Tool for Repressive Regimes
Source: reason.com 8/26/24 Needing permission to travel hands a dangerous tool to authoritarians. When you don’t like the rules—or rulers—where you live, and trying to change things isn’t worth the time, effort, or danger, one good response is to get the hell out. Find someplace that’s more to your taste by voting for something different with your feet. But what if the local powers-that-be don’t want dissidents to go and limit paths to exit? A new report says that’s exactly what many governments around the world are doing with restrictions…
Read MoreJanice’s Journal: We Did It!
Thanks to almost 50 individuals, we did it! We raised $10,175 for the matching grant program in about two weeks. As a result, ACSOL has a total of $20,175 to apply toward significantly increasing the number of registrants who are eligible to petition for removal from the registry. This is not the first step, but it is an important step, in a multi-step process that began about 18 months ago when ACSOL made a presentation to the CA Sex Offender Management Board (CASOMB). During that presentation, ACSOL identified several improvements…
Read MoreACSOL National Action Alert: Lend your support to H.R.2899 Second Chance Reauthorization Act
Source: bop.gov [from p2a.co:] For formerly incarcerated individuals, reentering society is filled with uncertainties. Those include gaining access to life’s basic needs like housing and a career, proven ways to ensure they don’t return to prison. But too often, they are unable to take advantage of what is offered to others without a criminal record and end up back behind bars, adding more costs to taxpayers. The Second Chance Reauthorization Act aims to give those who have served their time a leg up. It would extend vital reentry grant programs…
Read MoreNew Speakers Added to ACSOL Conference
Two new speakers have been added to the ACSOL conference to be held on Friday, September 20, and Saturday, September 21. The first of those speakers, Kathleen Hambrick, will address law enforcement stings from the perspective of a layperson. Ms. Hambrick’s presentation will include what’s trending in proactive sting tactics as well as a brief history of sting operations. Ms. Hambrick will speak on Friday at 2:15 p.m. The second of those speakers, Kimberly Ingold, will speak about the impact of the registry upon mothers of individuals required to register. …
Read MoreNY: Third County Sex Offender Registration Decision Overturned
Source: observertoday.com 8/20/24 A third designation of a sexually violent offender under the Sex Offender Registration Act in Chautauqua County has been reversed upon appeal. Fourth Department Appellate Division judges reversed their third such case in three months in late July. Once again, the case cites precedent the court set in a June case involving a decision made by Judge David Foley – though similar cases haven’t yet begun to spring up from other courts in the Eighth Judicial District. In the July case, a person pleaded guilty in a…
Read MoreIN: Interesting Stay Dispute in Seventh Circuit Minors’-Access-to-Porn Case
Source: reason.com 8/20/24 From Free Speech Coalition, Inc. v. Rokita, decided Friday by Judges Frank Easterbrook and Amy St. Eve: Indiana seeks a stay of the preliminary injunction that a district court entered preventing the enforcement of Ind. Code § 24-4-23, which requires web sites to limit minors’ access to certain sexual materials. Indiana’s statute is functionally identical to one adopted by Texas. That statute has been held to be valid [by the Fifth Circuit, though the Supreme Court has agreed to hear the case]. Free Speech Coalition, Inc., which…
Read MoreACSOL Online Meeting CANCELED September 21, 2024 due to conference
Our conference will be held September 20 and 21, so our next online meeting will be in October. We look forward to joining us at the conference. Click here to signup today. – Janice
Read MoreCA: Sacramento County DA’s Office accuses judge of creating an illegal plea deal with a man accused of grabbing five different women
Source: msn.com 8/17/24 SACRAMENTO, Calif. — A disagreement in a courtroom is spilling out into the public arena. The Sacramento County District Attorney (SCDA) is accusing a judge of creating an illegal plea deal with a man accused of grabbing five different women from behind in the Natomas area. “After five incidents of him approaching five separate women, touching their buttocks,” said Sonia Martinez-Satchell, Deputy District Attorney with the Sacramento County District Attorney’s Office. The District Attorney’s office says those incidents happened in parking lots in Natomas over two months beginning in September…
Read MoreACSOL CA Good News Alert: Senate Bill 1128 Stopped in Committee Hearing
CA Senate Bill 1128 was stopped today during a hearing conducted by the Assembly’s Appropriations Committee. The committee did not provide a reason for stopping the bill, but it has been reported that strong opposition to the bill by ACSOL and its leaders was an important part of that decision. “ACSOL thanks every person who showed up at the committee hearing on July 2, who sent a letter to the committee and who called committee members,” stated ACSOL Executive Director Janice Bellucci. “You made a difference by showing up,…
Read MoreIL: New Illinois law clarifies rules on AI-generated child pornography
Source: myjournalcourier.com 8/13/24 Gov. J.B. Pritzker has signed into law legislation clarifying that Illinois’ existing child pornography laws apply to images and videos created using artificial intelligence technology. “I initiated this legislation because AI-generated child sexual abuse images are an increasing concern that need to be addressed before technology outpaces our ability to distinguish between AI images and images of real children,” Attorney General Kwame Raoul said in announcing the signing. State Rep. Jennifer Gong-Gershowitz and Sen. Mary Edly-Allen sponsored House Bill 4623, which prohibits using artificial intelligence to create…
Read MoreNC: Appeals court rejects challenge to North Carolina sex offender registration law
Source: portcitydaily.com 8/12/24 Three judges on the Fourth Circuit of Appeals unanimously upheld the constitutionality of North Carolina’s sex offender registry statute against a lawsuit from two organizations based in the state. The National Association for Rational Sexual Offense Laws, headquartered in Raleigh, and its state-affiliate North Carolina for Rational Sexual Offense Laws joined anonymous plaintiffs John Doe 1 and 2 in the case. Plaintiffs first sued in 2017 to challenge amendments in the state’s sex offender registration statute and reduce sex offender restrictions and the length of registration terms.…
Read MoreACSOL News Alert: $10,000 Challenge Grant Offered in Support of Improving Tiered Registry Law!
An anonymous donor has offered to match up to $10,000 in donations in order to improve the Tiered Registry Law. Improvements would include, but not be limited to, lowering the tier assignments of those convicted of PC 311.11 (felony possession of child pornography), PC 288.8(c) (lewd or lascivious conduct with 14 or 15 year old), PC 288.2 (felony providing harmful material to a minor), PC 288.3 (unlawful communications with a minor) and PC 288.4 (sting operations). Another improvement would be creation of an “offramp” for those assigned to the highest…
Read MoreYouTuber MrBeast Accused of Hiring Registered Sex Offender
Source: thedailybeast 8/12/24 The top YouTuber announced several company-wide changes in a leaked memo that were precipitated by an ongoing internal investigation. It’s a bad time to be MrBeast. A few weeks ago, YouTube’s highest paid content creator, real name Jimmy Donaldson, was caught up in scandal after one of his longtime collaborators, Ava Kris Tyson, was accused of sending explicit messages to a 13-year-old girl when she was 20. Now, a former employee’s claimed MrBeast “knowingly” hired a registered sex offender to work on his $54-million-a-year channel. The person…
Read More