Presentation to CCOSO

1. Presentation to CCOSO Sex Offender Laws, Regulations, PoliciesMay 10, 2012

2. National RSOL Initiated in 1999 to analyze policy Founders in Massachusetts State affiliates formed and forming Website created to obtain input, distribute research results and news New emphasis on advocacy

3. California RSOL Statewide non-profit organization Incorporated September 2011 Initial Board of Directors established Approved as tax exempt organization under IRS Code 501(c)(4) Website at www.californiarsol.org

4. CA RSOL Mission Advocate to restore Civil Rights of Individuals convicted of sex-related offenses Implementation of mission Education Legislation Litigation

5. Why I’m Here Today There is a problem CA registry continues to grow More than 92,000 individuals on registry Broad scope includes those convicted of non-violent, non-contact offenses - yet all treated equally Civil Rights in jeopardy Unemployed, homeless registrants

6. Why I’m Here Today • Government resources declining • State budget deficits continue • Law enforcement, prison budgets reduced • Too few resources chasing too many people

7. Education Educate registrants and family members Monthly meetings Registration reminders Website Registrants bill of rights U.S. constitution CA constitution Penal Code § 290.46(l)

8. Education Educate public Speaking Media contacts Lobbying Protesting?

9. Legislation – Overall Problem or Solution Initial Intent v. Final Result Unintended Consequences Prison-Industrial Complex? Future Collaboration Protect the Public Minimize Impact on Civil Rights of Registrants

10. Past Legislation Federal: Jacob Wetterling Law - 1994 Megan’s Law - 1996 Adam Walsh Act - 2006 State: Jessica’s Law - 2006 Chelsea’s Law - 2010

11. History of CA Registry CA sex offender registry began 1947 First Registry in Nation Early CA registry did not address sex offenders Initial Focus on Organized Crime in LA Shifted to Homosexuals

12. CA Registry Today Total number of registrants Types of offenses Age of offenses Megan’s Law website Inaccurate and incomplete profiles May lead to vigilante violence

13. Legislation - Federal Senate Bill 2137: prohibits all registrants from joining military Stated purpose to reduce number of women raped in military Eliminates important opportunities for economically disadvantaged persons

14. Legislation - CA AB 625 – Defeated - tiered registry 46 of 50 states have tiered registries Tiered registry supported by CA SOMB Tiers would distinguish between individuals convicted of violent vs. non-violent offenses Current registry produces inefficient use of limited and diminishing government resources Lifetime registry for all denies CA registrants public housing under Section 8

15. Legislation - CA AB 1695 – Defeated Registrants would be required to carry registrant ID at all times Misdemeanor if convicted SB 57 – Defeated Registrants would be required to disclose all E-mail accounts, user names, etc.

16. Legislation – CA Pending bills AB 1660: Talent Agents AB 1835: Mandatory Polygraphs AB 1866: Mandatory Leaves of Absence *AB 2086: Signage Required AB 2331: Reduced Work-Time Credit SB 1502: Foster Homes * CA RSOL supports this bill only

17. Legislation - Local Presence restrictions Orange County and 11 cities ban registrants from Public Parks, Beaches, Harbors, etc. El Dorado County bans registrants from public parks, video arcades, public libraries Inconsistent with state law? Does not enhance public safety Limits civil rights of registrants

18. Legislation - Other States Wisconsin 6 year old – accused of 1st degree sexual assault Missouri Residency Restrictions Florida Teen Sexting

19. Past Litigation U S Supreme Court – Smith v. Doe - 2003 Registration not Punishment Ex Post Facto prohibition does not apply U S Supreme Court – Plessy v. Ferguson – 1896 Separate but Equal Education

20. Alabama - 1954

21. Past Litigation U S Supreme Court – Brown v. Board of Education – 1954 Separate but Equal unconstitutional De Jure Discrimination

22. Homeless Registrants

23. Frank’s Story “We’re All in this Together”

24. Pending Litigation - CA People v. Mosley - Residency Restrictions AG argues application limited to parole Encouraged amicus briefs Doe v. Harris – Plea Agreements Applications of *People v. Hofsheier – Equal Protection - 2006

25. Litigation – Other States Library Ban Unconstitutional 10th Circuit Court of Appeals – Jan 2012 – Doe v. City of Albuquerque First Amendment rights Lifetime Registration for Juveniles Unconstitutional Ohio Supreme Court – Apr 2012 – In re C.P. “Cruel and unusual punishment”

26. Litigation – Other States • Adam Walsh Act Ex Applied Post Facto • Ohio Supreme Court – July 2011 – State v. Williams, 129 Ohio St.3d 344 • Registration is punitive

27. Collaboration – Issue #1 Education of Public and Elected Officials Who is on the Registry Actual Recidivism Rates Myth of Stranger Danger Public v. Private Places

28. Collaboration – Issue #2 Pass Effective Laws Maximize Public Safety Minimize Impact upon Registrants

29. Collaboration – Issue #3 Vigilante violence resulting in murder Michael Dodele: Nov 2008 Bobby Ray Rainwater: Dec 2011 Robert A. Warren: Jan 2012 Vigilante violence resulting in lesser harm Frank Lindsay: April 2010 Law enforcement, prosecutors not reporting

30. Collaboration – Issue #4 Possible abuse of discretion of parole and probation officers Parole extended without due process Conditions of parole/probation unreasonable Violations and prison returns for minor infractions

31. Thank You Thank you for this opportunity We look forward to future collaborations California RSOL 8721 Santa Monica Blvd., Box 855 Los Angeles, CA 90069 (805) 896-7854 Janice M. Bellucci, State Organizer www.californiarsol.org