Author: webmaster

Is the Tide Turning Against Public Sex Offense Registries?

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BY RORY FLEMING JULY 2, 2021 On June 8, the American Law Institute, arguably the most prestigious non-governmental law reform organization in the country, concluded its national meeting. One of its agenda items was to have its thousands of elected members—top federal appeals judges among them, who enjoy lifetime appointments after being confirmed by the United States Senate—vote on a draft of the revised chapter of the Model Penal Code for sex crimes. The Model Penal Code, first codified in 1962, helps guide legislation as well as interpretative decisions by courts. ALI’s membership voted to approve the most recent draft, which…

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CO: Supreme Court’s decision on sex offense registry leaves some eyeing a broader constitutional challenge

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Although the Colorado Supreme Court insisted its ruling applied narrowly, advocates for defendants believe the justices have laid a foundation for challenging the constitutionality of the state’s sex offense registration laws more broadly. On Monday, the Court decided by 6-1 that it violates the Eighth Amendment’s prohibition on cruel and unusual punishment for Colorado to require repeat juveniles convicted of a sex offense to register for life on the sex offense registry without possibility of removal. Justice Monica M. Márquez, writing for the majority, found one overriding principle that guided the…

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Urgent: SCOTUS petition needs signatures now

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This note is for all organizations and individuals that fight (each in their own way) against the draconian sex offense laws in this country.  Please forward this email to any pertinent organization or individual that we may have unintentionally overlooked. To those of you who don’t know us, we are the parents of an incarcerated son who, in 2016 was sentenced to 14 years in federal prison for a crime without a victim; for a nonviolent, non-contact, first offense; for the crime of falling prey to the manipulative tactics of seasoned…

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Can Children Who Commit Sex Offenses Be Rehabilitated?

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By  John Borneman  29 JUN 2018 In the first season of Showtime’s Dexter, the character Dexter Morgan, a vigilante serial killer who also works for the fictitious Miami Metro police as a forensic technician, hunts a child molester who had escaped justice and the law. After nearly strangling his prey, Dexter yells, “Open your eyes and look at what you did!” The molester, a choir director who also murdered some of the young boys he assaulted, cries, “I couldn’t help myself. … Please, you have to understand.” Dexter replies, “Trust me,…

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FL: Every Parent’s Worst Nightmare

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We’ve all heard the phrase “every parent’s worst nightmare” in the context of a person with a sex offense conviction. It usually conjures the image of an abduction and sexual assault and murder. But for every parent who happens to be required to register due to a past sex offense, our “parent’s worst nightmare” is that one day, some law will come out that will take our own children away from us. We are facing our worst nightmare. Monday, Governor Ron DeSantis signed HB 141  into Law. The bill, titled,…

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FL: DeSantis signs bill closing sex-offense registration loophole

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ALLAHASSEE, Fla. (WTXL) — Governor Ron DeSantis signed a bill into law Tuesday effectively closing a loophole in Florida’s sexual offense registration law. The former law’s loophole allowed a person convicted of a sex crime to forgo registering because they didn’t pay a court-ordered fine. In 2020, a judge ruled that Ray La Vel James of Tampa, who spent 12 years in prison after being convicted of molesting two girls at a public pool, didn’t have to register as a sex offender because the law states registration isn’t required until a…

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NJ: Murphy signs historic law banning landlords from asking renters about criminal records (except…)

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In a step toward racial equity and ending housing discrimination, Gov. Phil Murphy on Friday signed the Fair Chance in Housing Act, barring landlords in New Jersey from asking about criminal history on housing applications. At the state’s first commemoration of Juneteenth as an official holiday, Murphy signed the historic “ban the box” bill (A1919), which advocates say is the most sweeping form of the law in the nation. “With today’s action, Governor Murphy has put New Jersey at the forefront of criminal justice reform by helping to dismantle the…

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How a suicidal pizza man found himself ensnared in an FBI sting

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This isn’t a story about the police stings that we are all too familiar with. But it is another example of how the FBI goes too far with sting operations. This is based on a story on CNN.com back in 2017 Every day was the same for Rayyan, 21, a depressed pizza delivery man from Dearborn Heights, Michigan. Working for a pizzeria in Detroit, he’d drive late nights on desolate inner city streets, smoking pot hoping to keep boredom at bay. He carried a pistol to protect himself from robbers.…

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CO: Supreme Court exempts people listed on registry from key 2019 decision

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Ruling in 2019 prohibits sentencing defendants to prison followed by probation in same criminal case The Colorado Supreme Court on Monday exempted people with a sex offense conviction from a key 2019 decision that prohibited defendants from being sentenced to prison followed by probation in the same criminal case. People with a sex offense conviction in Colorado can face such punishment in some circumstances, the justices found in a pair of opinions that examined how the state’s sentencing laws for sex offenses drastically differ from sentencing for other crimes. The…

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NY: My Parishioner Was Not Sentenced to Death. He Still Died.

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By Steven Paulikas,  Mr. Paulikas is an Episcopal priest. Witnessing unwarranted suffering is a solemn duty of the priesthood. But when one of my parishioners died of Covid-19 in a New York State prison, I felt the need to not only witness but to also tell the story he no longer can — the story of a prison system that failed to protect his life and the lives of so many others in its care, subjecting them to confusion, fear and even death. This man committed a crime and was…

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FL: DoC is Planning to Charge people in prison to Receive Mail

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Orlando Sentinel, May 29 FDC will hold a public hearing June 11 at 1 p.m. Eastern Time Officials with the Florida Department of Corrections plan to almost completely digitize mail sent to state prisons by photocopying every card, letter or picture and providing it instead electronically to incarcerated people — a change that families and prison reform advocates argue could create more hurdles for maintaining connections with people in prison, as well as add additional burdens and costs to them and their loved ones. The plan, which was announced this…

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CDCR Schedules Second Hearing on May 28 at 10am Regarding Re-sentencing Regulations

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The California Department of Corrections and Rehabilitation (CDCR) has scheduled on May 28, 2021 a second hearing regarding its re-sentencing regulations which categorically deny anyone convicted of a sex offense from re-sentencing opportunities.  The hearing will begin at 10 a.m. and be held by telephone only.  In order to participate in the May 28 hearing, call 1-877-411-9748 and enter participant code 7405289. “This second hearing is being held because many people who wished to address the re-sentencing regulations did not have an opportunity to speak during the first hearing held earlier…

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Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel

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by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit upheld U.S. District Court for the Southern District of Indiana’s opinion that found a provision of Indiana’s Sex Offender Registration Act (“SORA”) requiring registration of Plaintiffs who relocated to Indiana after SORA’s enactment violated their right to travel because the provision wouldn’t have required them to register if they had committed their offenses while residents of Indiana. Plaintiffs Brian Hope, Gary Snider, Joseph Standish, Patrick Rice, Adam Bash, and Scott Rush (collectively, “Plaintiffs”) filed suit against the Commissioner…

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CHALLENGE MET to Provide Funds to Fight SORNA Regulations. Thanks!

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[Thanks to all of you who helped meet our goal to fund our fight SORNA regulations! Of course we encourage all to continue donations to ACSOL so we can expand our fight] The sum of $1,200 has been provided to ACSOL in the form of a challenge grant in order to fight the federal government’s proposed SORNA regulations. However, the sum comes with strings attached. That is, ACSOL must collect at least $1,200 from others during the next seven days in order to receive the original $1,200. “We thank the…

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