Registry Matters

Welcome to Registry Matters Episode 41! Who would believe people would listen to a couple of nuts talk about the registry in such overwhelming numbers! Thank you!

On the docket this week is a patron question about being removed from the registry in Florida; a question from a listener about what happens if a chuck/school pops up within the range of where you live; Civil commitment continues to come up. Spoiler: it is constitutional; Does the US actually spend more on inmates or students; What is the nexus of police misconduct; Judges making their own decisions; Is going to a school to vote a loophole for registrants; Who has the final authority in binding arbitration; SO registry doesn’t improve public safety; and sadly, your situation is not unique

[14:20] Question from Patron Mike

[24:00] Question from Jeff

[37:30] http://www.iowapublicradio.org/post/iowa-s-civil-commitment-sex-offenders-survives-court-challenge#stream/0

[49:30] https://floridaactioncommittee.org/us-spends-more-on-incarceration-than-on-education/

[1:05:00] https://thecrimereport.org/2018/08/31/why-cant-we-reign-in-police-misconduct-blame-prohibition/

[1:08:37] https://www.houstonchronicle.com/news/article/Federal-judges-butt-heads-with-U-S-lawmakers-13202018.php

[1:13:40] https://www.wfmynews2.com/article/news/local/2-wants-to-know/fact-or-fiction-sex-offenders-can-vote-at-school-polling-places/83-84132540

[1:19:05] https://reason.com/volokh/2018/09/05/should-university-mathematics-professor

[1:24:43] https://www.psychologytoday.com/us/blog/prevention-now/201805/victims-sexual-abuse-face-lifetime-costly-problems

[1:31:00] Your situation is not unique

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http://www.Registrymatters.co/rm41-your-situation-is-not-unique

The Registry Matters Podcast moves into episode 40 this week. First up is to self congratulate for reaching > 100 YouTube subscribers. We have a branded YouTube Channel!!! Hooray. https://www.youtube.com/c/RegistryMatters. An article from the Economist posits why support for the death penalty is going up; Failure to report your social media passwords could put you behind bars; The California Bail bill might not be as great as everyone things; New sexual misconduct rules from the feds; Officer who shot 15y/o gets 15 years; Defendants pay to plead guilty in PA; a decision from the 7th circuit court of appeals against the homeless; Criminal justice system in SF waives fees for 21k people; an opinion piece by Lenore Skenazy; Intellectually challenged teen has sentence removed, but still in treatment to reduce recidivism; and podcast interview w/ Emily Horowitz. WOW! All of that content this week. Holy cow.

[10:00] The Economist: Why support for the death penalty is rising again in America

[19:10] Buffalo News: Sex offender gets jail for not reporting social media password

[23:30] The Marshall Project: So Much for The Great California Bail Celebration

[36:50] The NY Times: New U.S. Sexual Misconduct Rules Bolster Rights of Accused and Protect Colleges

[41:00] The Appeal.org: Defendants in PA pay a fee just to plead guilty

[49:30] NPR.org: Officer who shot 15 y/o boy in the back gets 15 years

[51:00] Decision from the 7th Circuit court of appeals

[1:06:50] The San Francisco Chronicle: Criminal justice system fees for 21k waived

[1:09:06] An opinion piece at the New York Times by Lenore Skenazy

[1:15:00]

On the Registry Matters Podcast Episode 39: It is a mostly hire formerly incarcerated list of topics. But first there is the story where the police staffer says registrants should be shot; Why you should hire someone who went to prison; Failed background checks in Idaho; Nationwide prison labor strike; California prison volunteer firefighters denied jobs on the outside; Former AG says broad coalition aims to break over-incarceration; California could lead the way in CJ reform; SO registry is mandatory collateral consequences; you’re far more likely to be killed by a police officer than for an officer to be killed; And lastly a major deep dive into a case of coerced testimony in Illinois that has some very surprising language from the court.

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[3:24] KARK.com: Little Rock Police Staffer Implies in All-Staff Email Sex Offenders Should be Shot

[16:48] From Ozy.com: Why You Should Hire Someone Who Went To Prison

[25:30] Flawed System: Background Checks For Prospective Idaho High School Coaches Unreliable

[32:17] US inmates stage nationwide prison labor strike over ‘modern slavery’

[37:18:] USA Today: Inmates who volunteer to fight California’s largest fires denied access to jobs on release

[40:36]Law.com: Yates Says Broad Coalition Aims to Break ‘Over-Incarceration’ Cycle Despite Trump Shifts

[45:00] The Sacramento Bee: California could lead the way on criminal justice reform. First the Legislature must do away with cash bail

[53:00] From The Indiana Lawyer: COA: Sex offender registration is mandatory collateral consequence

In this weeks episode of the Registry Matters Podcast, Larry and Andy discuss the fact that teens are the victims of registerable offenses, but that teens are the ones committing the offenses; The recent Catholic Church abuse scandals will likely not lead to any convictions; Governor of NY, Cuomo, is interested in revisiting statute of limitations; Vigilante group in Colorado; There might be a racial bias in the leveling of registrants; Law Enforcement teams up with multiple agencies for phishing expeditions looking for technical violations. Yet another information packed episode that you don’t want to miss.

Please visit YouTube and subscribe. We want to reach 100 subscriptions to get a named channel. Here is the direct URL: https://www.youtube.com/channel/UCzJUNV3PqC6v92ngq2FXVjg

Listener question

Wassau Daily Herald – 10 things new data shows about sex offenses in central Wisconsin: https://www.wausaudailyherald.com/story/news/2018/08/14/sex-crime-statistics-detailed-new-wisconsin-data-sex-offenses/923874002/

From The New York Times – Why the Explosive Report on Catholic Church Abuse Is Unlikely to Yield Criminal Charges: https://www.nytimes.com/2018/08/15/us/pennsylvania-sex-abuse-statute-of-limitations.html

From Law.com: After Pennsylvania Report, Cuomo Calls on Senate to Pass Child Sex Abuse Statute of Limitations Bill: https://www.law.com/newyorklawjournal/2018/08/15/after-pennsylvania-report-cuomo-calls-on-senate-to-pass-child-sex-abuse-statute-of-limitations-bill/

From Fox News In Colorado: Vigilante Facebook group helps Greeley police nab sex offender: https://kdvr.com/2018/08/13/vigilante-facebook-group-helps-greeley-police-nab-sex-offender/

The Crime Report: Sex Offender Registration Influenced by Racial Bias, Ohio Study Claims: https://thecrimereport.org/2018/08/16/sex-offender-registration-influenced-by-racial-bias-ohio-study-claims/

Listener email: http://www.scotusblog.com/case-files/cases/gundy-v-united-states/

Northern Kentucky Tribune: Law enforcement agencies join forces on Operation Back to School to check compliance of sex offenders: https://www.nkytribune.com/2018/08/law-enforcement-agencies-join-forces-on-operation-back-to-school-to-check-compliance-of-sex-offenders/

From Minnesota Public Radio: Drug-sniffing dog outside an apartment isn’t a ‘search’, MN Supreme Court rules: https://blogs.mprnews.org/newscut/2018/08/drug-sniffing-dog-outside-an-apartment-isnt-a-search-mn-supreme-court-rules/

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In this weeks show, Larry and Andy take a deep dive into civil commitment. But prior to that, a few comments from people on Twitter have comments about last week’s show. There are articles covering the whole spectrum of issues. Such as: Under what conditions should an 11 year old girl get taser treatment; Why is that more people are locked up for technical violations than new crimes?; Do it make sense to help inmates re-acclimate to post prison life?; Does a prison sentence mean death because you can’t get your insulin. An action packed, exciting episode!

This week, I’d like to thank a new patron – that wishes to remain anonymous. She comes in at the Hustler level. Very exciting! Send me a message with an address, so that I can send you an exquisite Registry Matters Blue Ball.

[2:50] To Reclassify Sex Offenders, Mass. SJC Says Sex Offender Registry Board Has Burden Of Proof

[8:46] I tweeted part of conversation last week about the man in OH that can’t see his son.

[15:50] This was written by Joshua Vaughn – from The Appeal.org. Failure-to-comply Arrests Reveal Flaws In Sex Offender Registries

Failure-to-Comply Arrests Reveal Flaws in Sex Offender Registries

[21:00] This article comes from Governing.com. And we’ll just cover it briefly that there is a trial going on in North Dakota. They are taking a much softer hand in criminal justice and helping people get back on their feet. Teaching them soft skills like shopping smarter. They actually take them for supervised grocery store visits.

[28:57] Court upholds ex-Stanford swimmer’s sex assault conviction

[33:30] An 11-year-old was accused of shoplifting. An off-duty officer Tasered her in the back.

[44:06] From the The Tennessean.com – At Tennessee’s largest prison, diabetic inmates say they are denied insulin to ‘maximize profits’

Episode 36

[3:55] From wcpo – Springfield Township man claims Ohio’s sex offender parole law won’t allow visits with son

[13:45] From Green Bay Press Gazette – Brown County library branches in Denmark, Green Bay trapped by conflicting laws, security concerns

[19:24] Supreme Court Sets New Evidentiary Standard in Child Sex Abuse Cases https://www.law.com/njlawjournal/2018/08/01/supreme-court-sets-new-evidentiary-standard-in-child-sex-abuse-cases/

[36:40] More Ex-Prisoners Can Vote — They Just Don’t Know It

[47:09] Wisconsin Supreme Court Holds Lifetime GPS Monitoring IS NOT Punishment

[1:17:00] On Twitter, Lenore Skenazy posted:

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The Registry Matters Podcast covers an important topic as to of the origin of “Frightening and High”. The SCOTUS decision of Smith v Doe is cited as such. However, that’s not where it originated. They guys also talk about restoration of voter rights to registrants, people dying in prison due to the high temperatures and judges not forcing people to register after conviction. They also tackle a Patreon supporters question of what can you do if you can’t vote.

And this week we’d like to thank our newest patrons: Larry, Patty and Hank. Many thanks, and I’ll send you blue balls next week.

3:15 – Democratic Gov. Andrew Cuomo Stands Up For Sex Offenders https://dc-chronicle.com/2018/07/23/democratic-gov-andrew-cuomo-stands-sex-offenders/

11:00 – “Cooking Them to Death”: The Lethal Toll of Hot Prisons https://www.themarshallproject.org/2017/10/11/cooking-them-to-death-the-lethal-toll-of-hot-prisons

22:00 – Patreon supporter question

28:45 – Judge upends sex offender registration http://www.dailylocal.com/general-news/20180723/judge-upends-sex-offender-registration

30:00 – Critics say pardons will give sex offenders access to schools https://www.timesunion.com/news/amp/Sex-offenders-able-to-visit-schools-to-vote-13098230.php

38:00 – Appeals Court Weighs Restoration of Felons’ Rights https://www.law.com/dailybusinessreview/2018/07/26/appeals-court-weighs-restoration-of-felons-rights/

45:00 – Amicus brief from NARSOL in support of Denver challenge

54:30 McKUNE, WARDEN, et al. v. LILE, (2002) https://caselaw.findlaw.com/us-supreme-court/536/24.html

Quote:

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Today’s episode has Larry and Andy joined by Rory Fleming. He is an advocate for registry reform and the criminal justice reform movement in general. It was great to have him on.

6:10 – Then we moved on to discussing the work that Rory does, and his philosophy of criminal justice reform.

59:56 – We answered a patreon supporters question about how he is supposed to stay compliant as an over the road truck driver where one state has registration after 48 hours, whereas another might be 7 or 10 days. Depending on the state you were registered in to start, you might have notification obligations when you leave the state for X number of days.

1:17:00 – Making the Case Against Banishing Sex Offenders: https://www.texasobserver.org/sex-offenders-law-change-molnar/

1:24:30 – Has Plea Bargaining Pushed the Sixth Amendment Right to Trial to the Brink of Extinction? A New Report Says Yes http://witnessla.com/plea-bargaining-has-pushed-the-sixth-amendment-right-to-trial-to-the-edge-of-extinction-says-a-new-report/

1:31:40 – From The Intercept: Tennessee Plans to Restart Executions by Killing a Man With Mental Illness: https://theintercept.com/2018/07/15/death-penalty-mental-illness/

1:37:00 – From the York News Times: Sex offender residency restriction dropped by council: https://www.yorknewstimes.com/news/sex-offender-residency-restriction-dropped-by-council/article_8e55ce2c-8c19-11e8-93c3-afe4f5684bcd.html

Share the podcast with those you know so that we can continue to grow our audience! We continue to receive a lot of positive feedback. Help us grow!

On this episode of the Registry Matters Podcast, we have King Alexander joining us. Mr. Alexander is a Supervising Attorney and Life Without Parole Attorney at the Calcasieu Public Defenders Office in Louisiana.

The podcast has discussions about how being homeless turns into a revolving door into the criminal justice system, simply by being homeless. An article from the New York Times makes the case that criminal justice reforms are making progress in increasing public safety. Shocking new evidence (not really) that the policies against registrants making recidivism rates go up. In the #MeToo movement, men are victims too, and they don’t report the abuse. And lastly, a very long detailed discussion about Essential Elements. The who, what, where about it. Call it the essentials about essential elements. I hope you’ll listen, and share it with those around you.

13:00 The Criminalization Of Homelessness: An Explainer https://theappeal.org/the-criminalization-of-homelessness-an-explainer-aa074d25688d/

36:30 California Today: Are Criminal Justice Reforms Making the State Safer? https://www.nytimes.com/2018/07/11/us/california-today-criminal-justice-reforms.html?rref=collection%2Fsectioncollection%2Fus

45:30 New evidence says US sex-offender policies are actually causing more crime https://qz.com/869499/new-evidence-says-us-sex-offender-policies-dont-work-and-are-are-actually-causing-more-crime/

57:00 Ohio State and Jim Jordan: Why sexual abuse claims against men aren’t taken seriously https://www.washingtonpost.com/news/the-fix/wp/2018/07/11/ohio-state-and-jim-jordan-why-sexual-abuse-claims-against-men-arent-taken-seriously/

1:09:00 Deep dive into Essential Elements

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Andy and Larry cover a listener situation where a treatment provider is being difficult. The problem is with receiving payments where the patient is making every effort to pay and be compliant with treatment. Why does the law enforcement apparatus use school resource officers during the summer to monitor registrants? Is it wrong for people to impersonate law enforcement to extort money from registrants? Why was the entire law enforcement apparatus represented in regards to a civil regulatory scheme in reforming the SOR? Is drawing a 1st Amendment right, or is it a thought crime? The rates of sexual offenses continues to fall, but the number of registrants goes up. 40 year sentence is deemed excessive by a conservative judge, given the current administration, are we surprised? The months jobs numbers are good, and this is good news for registrants.

12:20 https://www.wfmynews2.com/article/news/local/from-school-safety-to-neighborhood-safety-sros-help-track-sex-offenders/83-571024687

21:15 https://www.pressherald.com/2018/07/03/sheriff-warns-of-scam-against-sex-offenders/

25:40 https://www.law.com/ctlawtribune/2018/06/28/lawmakers-missed-an-opportunity-to-reform-sex-offender-registry/

37:32 https://articles.mlive.com/news/grand-rapids/index.ssf/2018/07/mans_prison-made_drawings_of_c.amp

42:40 https://theappeal.org/why-sex-offender-registries-keep-growing-even-as-sexual-violence-rates-fall/

48:40 https://www.washingtonpost.com/local/public-safety/judge-laments-40-year-sentence-for-meth-dealer-as-excessive-and-wrong/2018/07/02/f1319b4c-7bd0-11e8-93cc-6d3beccdd7a3_story.html

56:17 https://www.theguardian.com/business/2018/jul/06/us-jobs-june-unemployment-trade-war

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