Type | Non-profit corporation |
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Purpose | Civil rights advocacy, Reforming sex offender registry laws |
Headquarters | Sacramento, California |
Executive Director | Janice Bellucci |
Website | https://all4consolaws.org |
This article is part of a series on the |
Sex offender registries in the United States |
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Alliance for Constitutional Sex Offense Laws (ACSOL) is a nonprofit civil rights, legal reform, and support organization, in Sacramento. ACSOL advocates for the protection of the constitution by restoring the rights of those required to register as sex offenders, and their families. ACSOL was formerly known as California Reform Sex Offender Laws (CA RSOL). [1]
ACSOL is active in legislation and played a significant role in the recent passage of the Tiered Registry Law, SB 384, which allows some, but not all, registrants to petition for removal from the state's sex offender registry. ACSOL is currently involved in a legislative effort to alter the Tiered Registry Law by changing key provisions of that law that would expand the number of registrants eligible to petition for removal. ACSOL also monitors bills introduced in the legislature that could harm registrants and their families and opposes all such bills.
In addition to its legislative efforts, ACSOL engages in legal battles challenging local Halloween ordinances, and proximity and residency restrictions aimed at registrants in federal court across the state of California. [2] [3] [4] Due to lawsuits, registrants in California who are not on parole or probation are no longer required to post a sign on the front door of their residence on Halloween. [5]
Due to the proximity restrictions lawsuits, registrants in California are currently allowed to visit public and private places throughout the state. [6] In 2015, ACSOL began a series of lawsuits in state of California soon after the California Supreme Court ruled San Diego residency restrictions unconstitutional. As of August, more than 100 lawsuits have been filed across the state. [7]
ACSOL is currently[ when? ] serving as a plaintiff in a lawsuit challenging federal SORNA regulations that places significant burdens on registrants, such as requiring some registrants to register more than once a year although state law only requires annual registration. The lawsuit was initiated by the Pacific Legal Foundation in federal district court. The judge in that case has issued a preliminary injunction that prohibits the federal government from enforcing the regulations in the state of California.
In 2016 ACSOL participated in a challenge to the International Megan's Law (IML), passed by Congress and signed into law by President Obama, in February 2016. The lawsuit was filed on February 9, 2016, but was dismissed by the United States District Court [8]
Megan's Law is the name for a federal law in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Laws were created in response to the murder of Megan Kanka. Federal Megan's Law was enacted as a subsection of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994, which merely required sex offenders to register with local law enforcement. Since only a few states required registration prior to Megan's death, the state-level legislation to bring states in compliance—with both the registration requirement of Jacob Wetterling Act and community notification required by federal Megan's Law—were crafted simultaneously and are often referred to as "Megan's Laws" of individual states. Thus, the federal Megan's Law refers to community notification, whereas state-level "Megan's Law" may refer to both sex offender registration and community notification.
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature; however, some sex offenders have simply violated a law contained in a sexual category. Some of the serious crimes which result in a mandatory sex-offender classification are sexual assault, statutory rape, bestiality, child sexual abuse, incest, and rape.
The Dru Sjodin National Sex Offender Public Registry is a cooperative effort between U.S. state agencies that host public sex offender registries and the U.S. federal government. The registry is coordinated by the United States Department of Justice and operates a web site search tool allowing a user to submit a single query to obtain information about sex offenders throughout the United States.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed, and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people.
Proposition 83 of 2006 was a statute enacted by 70% of California voters on November 7, 2006, authored by State Senator George Runner and State Assemblywoman Sharon Runner. It was proposed by means of the initiative process as a version of the Jessica's Law proposals that had been considered in other states.
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences.
The Julia Tuttle Causeway sex offender colony was an encampment of banished, registered sex offenders who were living beneath the Julia Tuttle Causeway—a highway connecting Miami, Florida to Miami Beach, Florida, United States—from 2006 to April 2010. The colony was created by a lobbyist named Ron Book, who wrote ordinances in several different Miami-Dade County cities to restrict convicted sex offenders from living within 2,500 feet (760 m) of schools, parks, bus stops, or homeless shelters. Since Book was also head of the Miami Homeless Trust, he was also in charge of finding housing for the released sexual offenders. Under these ordinances, the only areas where sex offenders could legally reside within Miami-Dade County were the Miami Airport and the Florida Everglades. Miami-Dade laws are significantly stricter than State of Florida laws on residency restrictions for sex offenders. Florida state law required that no sex offender could live within 1,000 feet (300 m) from "where children gather". Under that requirement, housing was possible; however, because of Book's lobbying, the Dade County Commission increased that number to 2,500 feet (760 m), thereby banishing hundreds of local citizens who then began gathering under the Julia Tuttle Causeway.
State of Georgia v. Allison was a Georgia court case. In Georgia vs Allison, Janet Allison was convicted of sexual offenses for allowing her daughter, aged 15, to have sexual intercourse in her home. The events took place in the year 2000. The young couple later married and had a child of their own, but Allison's name has been entered into the sex offender registry, with various adverse consequences for her life and that of her family.
The Center for Reproductive Rights (CRR) is a global legal advocacy organization, headquartered in New York City, that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental human right that all governments are legally obligated to protect, respect, and fulfill." Founded by Janet Benshoof in 1992, its original name was the Center for Reproductive Law and Policy.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
The Pacific Justice Institute (PJI) is a conservative legal defense organization based in California. The group, founded by attorney Brad W. Dacus, describes itself as focusing on representation relating to "...religious freedom, parental rights, and other civil liberties." PJI was declared an anti-LGBT hate group in 2014 by the Southern Poverty Law Center due to the group's long history of anti-LGBT rhetoric through its founder. The group also represents workers opposed to their employers' vaccine mandates.
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
The International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders is a federal law that requires, among other things, a visual "unique identifier" to be placed on the passports of registrants convicted of sex offenses involving a minor. The law also requires covered offenders to notify law enforcement 21 days before traveling abroad. Critics have claimed violation of constitutional rights and note that the law would also cover those who were convicted as minors.
The National Association for Rational Sexual Offense Laws (NARSOL) is an organization headquartered in Raleigh, North Carolina with operations based in Albuquerque, New Mexico and with affiliated organizations, advocates, and contacts in the vast majority of states. NARSOL and its affiliates are part of a movement to reform sexual offense laws in the United States. NARSOL has generated media attention by arranging national conferences in multiple cities including Boston, Albuquerque, Los Angeles Dallas, Atlanta, Cleveland, Houston, and Raleigh, and by being involved in numerous lawsuits challenging the constitutionality of sex offender registration and notification laws.
Women Against Registry (W.A.R.) is a U.S. non-profit organization, based in Arnold, Missouri, which works to obtain changes in laws affecting sex offenders. Most W.A.R. members are mothers, wives, girlfriends, and other family members of persons convicted of a sexual offense. W.A.R. advocates the abolition of sex offender registries altogether, but also wants officials to be more judicious in deciding who poses a risk, instead of the current policies applied to all offenders indiscriminately.
Illinois Voices for Reform is a non-profit advocacy and support organization for Illinois sex offenders and their families. Founded in 2010, it is dedicated to providing education on issues affecting sex offenders to the public and to legislators. Illinois Voices for Reform is an affiliate organization of the National Association for Rational Sexual Offense Laws (NARSOL), and is one of the more than 50 organizations nationwide movement to reform sex offender laws in the United States.
Sex offender registries in the United States exist at both the federal and state levels. The federal registry is known as the National Sex Offender Public Website (NSOPW) and integrates data in all state, territorial, and tribal registries provided by offenders required to register. Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via websites; most information on offenders is visible to the public. Public disclosure of offender information varies between the states depending on offenders' designated tier, which may also vary from state to state, or risk assessment result. According to NCMEC, as of 2016 there were 859,500 registered sex offenders in United States.
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws, in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring, finding it was a Fourth Amendment search that was later ruled constitutionally unreasonable by the state court.
The movement to reform sex offender laws in the United States describes the efforts of individuals and organizations to change state laws requiring Sex offender registries in the United States.