[ACSOL] Registration procedures currently vary greatly at local law enforcement agencies in the state of California. While some agencies, such as the Los Angeles Police Department (LAPD), are remotely registering individuals by telephone, there are other agencies that continue to require individuals to register in person. “It is difficult to understand why local law enforcement agencies continue to require individuals to register in person during a pandemic after issuance of both the Governor’s Executive Order and the Department of Justice’s (DOJ) Bulletin,” stated ACSOL Executive Director Janice Bellucci. Based upon…
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CA: Vallejo Police Department temporarily modifying its sex offender registration process
[timesheraldonline.com – 6/9/20] The Vallejo Police Department is temporarily modifying its sex offender registration process to include telephonic and appointment-based registrations during the COVID-19 pandemic. New or existing registrant or a registrant required to update his/her status as a sex offender under California penal codes 290 PC and/or 457.1 PC, must update their status by calling the Vallejo Police Department’s telephonic registration line at (707) 917-4124, according to a new release from the police department. “If you are a registrant without telephone access or who has special needs, you will…
Read MoreFL: Ocala sex offender jailed after registering a day late
[ocala-news.com – 6/4/20] An Ocala man was arrested Monday after he showed up a day late to update his registration as a sex offender. Shaun David Killie, 33, of 4055 NW 63rd St., was supposed to re-register during the month of May. He was reminded when he updated his vehicle information in December 2019 and again in February, according to the Marion County Sheriff’s Office report. Killie reported Monday to the sheriff’s office sexual offender unit and completed a late registration for May 2020. He had no excuse for not…
Read MoreFL: Sex offender blames COVID-19 quarantine for not registering
[ocala-news.com – 5/27/20] A convicted sex offender from Ocala says he failed to register in April as required by law because he was in quarantine. Christopher Anthony Votos, 65, of 4064 SW 50th Road, was charged recently with failing to register biannually as a sex offender. Votos was convicted in August 2015 of using a computer to solicit or lure a child to engage in sexual conduct and is required to register twice a year – in April and October. Florida Department of Law Enforcement records show he has registered…
Read MoreCA: Hollister PD to continue registering sex offenders in person
[sanbenito.com – 5/19/20] The Hollister Police Department will continue to register local sex offenders in person—with social distancing protocols in place—despite an executive order by Gov. Gavin Newsom allowing law enforcement to conduct such registration remotely. “The Hollister Police Department is aware of the seriousness and the need to monitor convicted sex offenders in our community,” reads a May 18 press release from Hollister Police. “The department has a barrier in place at our front lobby that protects our staff. Our personnel are also trained to use masks, gloves and…
Read MoreCA: Riverside County to Begin Remote Registration
[ACSOL] The Riverside County Sheriff has issued instructions in which he told the county’s Station Commanders to “develop and immediately implement procedures allowing registrants to complete their registration remotely, telephonically or in ways that allow for social distancing.” The instructions were issued on May 11 and are meant to implement the Executive Order issued by Gov. Gavin Newsom on May 8. According to the Sheriff’s instructions, Station Commanders may also “choose to accomplish registration and fingerprinting by offering in-person registration outside the station facility, or in-home registration (utilizing sworn deputies…
Read MoreCity of Oakland Agrees to Provide Remote Registration
[ACSOL] The City of Oakland has agreed to remotely register individuals as encouraged by Gov. Gavin Newsom in Executive Order N-63-20 which was issued on May 8. Those seeking remote registration should call (510) 238-2189 Monday through Friday from 8 a.m. until 3 p.m. The City of Oakland is also willing to accommodate any individual who would prefer to register in person. In order to register in person, an individual must set up an appointment in advance by calling the sex offender registration unit at (510) 238-2189 Monday through Friday…
Read MoreCA: DOJ Executive Order N-63-20 Regarding Sex Offender Registration
[ACSOL] The California Department of Justice has issued an Information Bulletin directing law enforcement agencies how to remotely register individuals convicted of a sex offense. The information in the bulletin is being issued to provide guidance regarding implementation of the Governor’s Executive Order issued on May 8. According to the Information Bulletin, law enforcement officials are to confirm all data fields on the registration forms. They are then to sign the registration form noting that the form was “completed on behalf of and with consent of” the registrant. The Information…
Read MoreNC: Registrants Win in North Carolina Court
[ACSOL] A federal trial court in North Carolina has ruled in favor of registrants whose out-of-state convictions were determined by law enforcement to be “substantially similar” to sex offenses in North Carolina. As a result of this decision, registrants who were convicted of an out-of-state sex offense prior to December 1, 2006, and who also moved to North Carolina prior to that date are no longer required to register. The foundation of the Court’s decision was a violation of the substantive due process provision of the 14th Amendment. Specifically, the court…
Read MorePA: Court Determines Annual Registration, Internet Publication Punishment
[ACSOL] The Commonwealth Court of Pennsylvania issued an important decision on May 11, 2020, in which it determined that annual registration as well as publication of a registrant’s personal information on the internet constitutes punishment. The petition in this case committed a sex offense prior to the effective date of these requirements. According to the Court, annual in-person registration “imposes affirmative restraints and probation-like conditions.” The Court determined that the annual registration requirement was excessive. The Court also ruled that the state law requiring the posting a registrant’s personal information…
Read MoreCA: Governor’s New Executive Order Encourages Remote Registration
[ACSOL] California Governor Gavin Newsom has issued a new Executive Order that encourages law enforcement agencies “to adopt telephonic, remote, or other procedures for registration” for a period of 60 days. The Order also encourages law enforcement agencies to “post or publicize” any new registration procedures it adopts “through means calculated to reach any person subject to the (Sex Offender Registration) Act.” “Governor Newsom has demonstrated both leadership and compassion by issuing an order that encourages law enforcement agencies to stop in-person registration for 60 days,” stated ACSOL Executive Director…
Read More8th Circuit Deems Failure to Register a “Crime of Moral Turpitude”
[floridaactioncommittee.org – 5/8/20} The US Court of Appeals for the Eight Circuit ruled yesterday that Failure to Register as a Sex Offender constitutes a crime of moral turpitude. In Bakor v. Barr, the Petitioner, a permanent resident of the United States, challenges his deportation back to his native country. Under the Immigration and Nationality Act, the Attorney General may remove an alien “who at any time after admission is convicted of two or more crimes involving moral turpitude.” Read the full article Read the opinion PDF on uscourts.gov website
Read MoreCA: ACSOL Sues Fresno Cops For Forcing Sex Offenders To Appear Amid COVID-19
[law360.com – 5/3/20] Authorities in Fresno, California, are inflicting “cruel and unusual punishment” on registered sex offenders and violating the U.S. Constitution by requiring the individuals to appear in person for registration updates during the coronavirus pandemic, three offenders contend. In an April 28 complaint filed in the Eastern District of California, those John Doe plaintiffs say the Fresno Police Department and the Fresno County Sheriff’s Office are running afoul of the Eighth and 14th Amendments and the California Sex Offender Registration Act by requiring convicted sex offenders to physically…
Read MoreACSOL Challenges In-Person Registration in Federal District Court
[ACSOL] The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a lawsuit today in a federal district court challenging in-person registration requirements of both the City of Fresno and the County of Fresno. The lawsuit was filed in the U.S. District Court, Eastern District of California. According to the lawsuit, the city and county’s requirement to register in person violates the due process clause of the 14th Amendment as well as the 8th Amendment’s prohibition of cruel and unusual punishment. The lawsuit requests that the court permanently enjoin the city…
Read MoreCO: Colorado Governor Stops In-Person Registration During Pandemic
[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…
Read MoreCA: Los Angeles Superior Court Allows In-Person Registration to Continue
[ACSOL] A Los Angeles Superior Court judge ruled today that the Los Angeles Sheriff’s Department may continue to require in-person registration during the COVID-19 pandemic. The ruling was made during a telephonic hearing in response to ACOL’s request for a Temporary Restraining Order. Although the judge noted that infection to COVID-19 is a “significant concern”, she interpreted state law requirements to obtain fingerprints and photos as to require that all registrants, including those at high risk due to age and/or medical condition, must register in person. She did not address…
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 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…
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