Transcript of RM163: Can Minnesota Require Registration for Legal Conduct?

Andy 00:00
Registry Matters is an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts, fyp. Recording live from FYP Studios, east and west, using my cellular phone to connect, transmitting across the internet. This is Episode 163 of Registry Matters. Happy Saturday night, Larry. It’s like, I don’t know it’s freezing cold here again, we had 70-degree weather and now it’s cold again.

Larry 00:30
Well it has been cold here. But it was kind of milder today, it was close to 50 or so I think.

Andy 00:36
that’s almost like a heat wave.

Larry 00:38
It really is.

Andy 00:41
What do we have on the docket for this evening?

Larry 00:44
Well, we’ve got a lot of good stuff, we’ve got a patron only extra. We’re gonna talk about finance.

Andy 00:52
Okay.

Larry 00:53
Can you believe that our registry program talking about Wall Street and finance in a Patreon extra, like, what kind of crack stuff is that?

Andy 01:03
Someone in chat, so we were talking about some things before and after. And then this comes up from that Facebook thing we talked about. So this is a teaser, if you’re not on Patreon that that you should you should go sign up for a buck and go get this episode at least but someone said that, gosh, I wish Larry were my teacher last year when I had this accounting class, I sure would have understood stuff better. You do have a pretty good way of explaining things and dumbing it down so to speak.

Larry 01:26
Well when you’re dumb yourself, that’s only that’s the only way you can do it.

Andy 01:31
Ah,I gotcha. I like it. All right. So that’ll that’ll come out in a few days over on Patreon. It’ll be, it’ll be about GameStop.

Larry 01:38
We got, we’ve got a comment from one of our readers, I have to learn to distinguish between readers and listeners. And we’ve got we’ve got some questions. And we’ve got a comprehensive question that’s going to be fascinating because it involves interstate movement of an offender.

Andy 01:57
Not interstate compacts again, is it?

Larry 02:00
Well, that is indirectly involved in this situation. And we’re gonna talk about some more on the House Bill 56, and the legislative process, so it’s gonna it’s gonna be jam packed full of action.

Andy 02:15
Fanfrickintastic well, then I guess we should just, we should dive right in. And we will start with this letter from Anthony says:

Listener Comment
Dear Andy,and Larry, I got profiled, Larry like for once this is like in big capital letters. I’m so honored. What a great start to 2021 to read my letter published in the only podcast transcript I subscribed to. I’m still occasionally laughing that Andy felt left out of my letter of appreciation for the Christmas cards. In my defense, I addressed my letter exactly how my Christmas card greeted me not that I don’t appreciate Andy asking Larry to clarify legal terminology and implications. I took the Blackstone paralegal program just so I can understand the laws that will affect me for most likely the rest of my life. And that’s why I can really benefit from Andy’s, “Wait a second. What’s that mean? Explain that.” Also, I appreciate Larry for continuing to send me the transcripts what I thought was a fluke was a very generous sales pitch. The synopsis of Hope v. Indiana DOC is well written and easy to understand I’m glad it was included with the transcript. When I was in the army being told thank you for your service was always met with a well-practiced smile and a thank you for your support. There are a few times did the interaction feel genuine but for you to see the address on my name and continue to send me information for free based on at least partially the fact that I serve the country I can tell it’s genuine. Come August of this year, I’ll be out mandatory supervised release. And I’ll be sure to join and listen in when I can. Thanks again guys. And especially Andy, who’s definitely mistreated See, see this man, I appreciate it very much. I will be sending you checks this week. Do you need a package? Does that come up here soon? Let me know.

Larry 04:03
Alrighty, well. So yes, we appreciate, and it was partially marketing. We’re trying to get a few more subscribers and that particular facility that houses only military people in Fort Leavenworth, so that was part of the plan. But we appreciate all of them. Every everyone who did the duty, we appreciate each and every one of them.

Andy 04:30
Fantastic. I got to tell you just like a little personal side thing when someone says thank you for your service always feels very awkward. There were a whole lot of other reasons that I had joined. It wasn’t necessarily out of patriotism though. You know, later in life, maybe you come up and have a more patriotic attitude towards the country. But I was a musician. And this was the only place that I could really go and get a steady paycheck and collect some college money, get a paycheck, 30 days paid vacation, like it’s a job. It’s not like you… there are plenty of there are people that go join for those patriotic reasons, but I didn’t do it at that time. It feels weird when people say that.

Larry 05:06
well, I’m sure when you’re 18, 19, 22 years old that that, that there would be some that would join for the, for the fun of traveling around and having port calls in all these countries. But the bottom line is even if they cannot perceive it at the time, they can be called on in a moment’s notice, to go into a very dangerous situation. And if you’re not willing to do that, where would we be if we didn’t have people who are willing to go into dangerous situations? So they don’t know when they’re going to be deployed, they don’t know where they’re gonna be separated from their families, and they don’t know when they’re gonna have rounds of ammunition coming their direction.

Andy 05:48
Yes, absolutely. All right. Well, then we will move on to number two, which I believe is this. (Larry: Question number one.) Yes, this will be question number one.

Larry 05:59
Well, there’s one called questions this one. Yep.

Andy 06:05
Yeah, this is.

Listener Question
I am in Kentucky serving 25 years on a class A felony. In Kentucky, we are required to serve 85% of our sentence upon completion of SOTP sex offender treatment programs. Upon completing 85% of our sentence, we are released and required to complete an additional SOTP class on the street while serving a five year conditional discharge. This conditional discharge is basically parole with all the added rules for sex offenders as well as registering. During this five-year conditional discharge, I know I will be limited in my ability to travel. I wish to know what obstacles I may face when applying for a passport. Can I do this during this five-year conditional discharge? Once I’m done with my sins and only have the registry to contend with, how will my international travel be affected? Oh, boy, let’s say I want a six-month work visa to Italy and then once they apply for citizenship, is that a feasible option of being a registered offender? Thank you for your input and what you guys do and NARSOL is awesome. Please keep it going. Wow, okay, go at it Larry.

Larry 07:10
There’s gonna be a number of questions here. You won’t have any problem with getting the passport. The passport you get may be marked depending on what type of conviction you have. It’s not all sexual offenses that get a marked passport. So your your offenses against children, minors, you may end up with a marked passport. There are people who have what appear to be qualifying offenses. And sometimes they apply for passports and they do not come through marked. So, we cannot tell you whether it’ll be marked. But if you’ve got the money, and if you’re an eligible person, meaning if you were born in the United States, or if you have if you have the requisite citizenship, you can hold a US passport. You can hold it while you’re on probation. And there shouldn’t be a problem getting the passport. But then beyond that was questions about traveling, you’re never going to have any problem leaving the United States, you can leave the United States all you want to. And people really get angry when I say this, the problem you’re going to have is that your destination in your country of origin, they may choose not to admit you. Because the information that’s required of a person in United States who is registered to file in advance, 21 days in advance their travel plans will result in a notification go into your destination country. And they may decide that they don’t want you, which is what the United States does when we receive those notices. We decide we don’t want those people here.

Andy 08:42
I’m thinking about extreme vetting?

Larry 08:45
Yes, I didn’t want to go there. But yes, we did have a recent president who did, who did advocate for extreme vetting of anybody who wants to enter the United States. But But you won’t have any trouble. But the American side will not intercept you. And I say that with a qualification. If you haven’t filed the necessary 21 day advance notice, they may intercept you, but it’s not because you’re traveling, is because you didn’t comply with the law of the notice. And if you’ve had the requisite notice, if you’ve signed acknowledgement saying you know you’re required to give this this 21 days’ notice, they may intercept you for that. And and that’s what’s your pleasure prosecution before it would not be for travel. If you gave the requisite notice, they’d be happy to let you let you sail off or fly off into the sunset. But you may be turned around once you get there. In terms of about the citizenship that is totally totally out of my in terms of what Italy might do. I don’t have any information on that. I would suggest that he connect with the Registrant Travel Action Group, our tag when he gets out is going to have it up. Yeah, they have they have much more information than we do. But it might be a possibility, but I’d say the odds are no.

Andy 09:59
I kind of dumb it down for myself this way, a place that you would want to go, you probably cannot go. But a lot of places in Europe are available to go and then the places that you wouldn’t want to go, they probably wouldn’t have any problem you coming in. And I’m being super generalized, but I’m, you know, if you went to a country in the middle of Africa that has, you know, the average income of like, $1 a year some, you know, ridiculously impoverished country, like, they probably wouldn’t give a crap, if you came in, they probably wouldn’t have the resources to check on anything. They’re happy a plane landed.

Larry 10:29
That has been generally true. But I was on a on a flight in the last couple of years where I talked to a diplomat from one of those countries, and I don’t recollect which one it was and when she asked me what I do, and I told her part of what I do in my second life, she told me that that was actually being pushed by the Agency for International Development that those countries adopt registries, and that they be very circumspect in terms of who they admit, based on the, they have a particular vulnerability, their poverty makes them more vulnerable to sexual trafficking, because the teenagers, the teenagers are without resources, and you’d be more likely as an affluent Westerner, to come into those nations and exploit their minors. So she told me that that was not necessarily the case that you’d be welcome there.

Andy 11:17
Tell me real quick about how the passport is marked. Is it some big like, red stop sign saying pedo? Whatever?

Larry 11:25
No, it’s on the endorsements page at the back. And I don’t have a marked passport. But I’ve seen one, a picture of it. And it says that this person has a conviction in US pursuant to such and such section of US law. And and I would, having not traveled with one, I don’t know how often people flip to the back of your passport book. And I don’t know what type of impediment it causes. I think probably that notice the electronic notification is probably your biggest obstacle. Because when you deplane I’m guessing that you get a special diversion to to align to to be told we don’t want you here. But I don’t I don’t know how that works.

Andy 12:06
Do you think that the person that you’re doing the passport with, I call that immigration at the moment, do you think that they have that pulled up or do they just get some sort of flag that says send this person off into the alternate line? And you know, you get some handler takes care of you from there? Do you think that the person, just the the the daily worker, they’re checking passports, do they think that they have that information pull up?

Larry 12:29
I’m imagining they do because the passport when you give your passport to your registry official in America, they put it into the system, they put your passport number, your name and stuff. My guess is and it’s only a guess I would guess that internationally, we’re not the only country that has computers. And I’m guessing when they scan your passport on their end, that that’s part of the of the the exchange of international information. So the passport probably tells the worker who’s who’s screening you for admission, that that you have that, that you have that conviction that they’ve received that notice and I bet they send you to the secondary line.

Andy 13:14
I just wonder if they just get a flag that’s process, alternate processing or do they actually get something that prompt pops up, you know, naughty pictures or something that tells what what you did, just wondering, is it just a flag that says send them to the other line? Or do they have any level of detail? That’s all I’m wondering,

Larry 13:30
I betting it’s just a secondary screening and when you get to secondary screening, I’m betting that they have the information.

Andy 13:37
Very good. Um, I may have to track down this next thing with read letter from Ross. I don’t think I’ve got that one pulled up. Give me one second.

Larry 13:48
I can read it. It’s a short one if you like. (Andy: Go ahead.) It says:

Listener Question
Friends, I look forward to receive your newsletter. I’m incarcerated for 171 months for possession and sharing six photos of minors. I erased them and turned from that behavior. Weeks later, found out there was an investigation. They threatened me with six consecutive sentences which would have been life. So I took the deal in quotes and received 171 months. What I did was wrong. I stopped. I did it once I did not want to justify or minimize my actions. But in Minnesota murderers get less time, which maybe they should. I believe I should have too. Thanks for listening.

Larry 14:49
He doesn’t really ask a question but I thought it would be appropriate to put it in here because we sometimes we wag our fingers and we say that we criticize states in the south like Alabama and Mississippi about their harshness. So in in fundamental fairness when this comes to my attention that a state we think is more enlightened such as Minnesota, if this is an accurate representation of what’s going on in Minnesota, they have gotten some pretty harsh laws there. And I know at one time, I used to admire their corrections system because of what a low ratio of incarceration they had compared to the nation. But that’s no longer the case in Minnesota. And I think that changed back when when Ventura was elected Governor, and the trends have been moving towards being more like the nation in terms of numbers, you know, their ratio of incarcerated individuals. But this is really sad. If that is a true story for six pictures that he erased and he’s got 171 months, if you divide that by 12. That’s quite a bit of prison time.

Andy 15:43
Yes, it is. I’m not doing that in my head Larry.

Larry 15:47
But I can tell you, it’s more than 10 years, because 10 times 12 is 120. S(Andy: So 14 and a quarter.) So he, so I’m thinking that in the state of Minnesota, that if you’re having budgetary problems that you might want to take a look at some of your harsh sentencing, if this is not an anomaly for some reason. If there is an anomaly, he’s not going to tell us that. It could be six images of the most gross things you could ever imagine. You know, I don’t I don’t know what, but even that I don’t think would justify that length of time in prison.

Andy 16:21
Don’t they? Excuse me, don’t they sometimes throw five years per image at you. If that’s the case, then he actually was handled a pretty light sentence, because if he had six images, five, that’s 30. So he’s got half that.

Larry 16:34
That is correct. There are states where that, now my state, that’s not the case. For just until a few years ago, it was only all the counts merged into one. And then the statute was changed. That was by court decision that the Supreme Court of our state said that the multiple images, that was the Olson case, and now they’ve got where you can get. But even this, the amount of time he’s got exceeds the maximum you can get under our revised statute here. But this is when we talk about cutting funds for law enforcement. I know it drives people crazy, because I say something along this line every week. This is the reason why we want to reduce funding for the law enforcement apparatus. If they didn’t have the investigative resources at the police level, and they didn’t have the prosecutorial resources, they would not be able to incarcerate him because they would have to focus the slightly reduced resource level to investigating something other than possession of images. And they would have to prioritize these. So when we talk about reducing funding, these are examples that I give you week after week of why we need to curtail some of the funding to law enforcement. That doesn’t mean all the funding, it means some of the funding.

Andy 17:55
I wonder even in doing that though, Larry, the public is so up in arms over these crimes that they would prioritize these and let other crimes go.

Larry 18:05
Well, that is a good, legitimate question. And I guess it would depend on how that shakes out at the local level. If you have serious, violent crime and you want to put your detective force on sitting on a keyboard, trying to find exchanges of images and make that your highest priority. At some point, I would hope the community would say this is not where we want our law enforcement to be expended.

Andy 18:32
Yeah, I hear you. I mean, I can just see them going well, these are almost easy cases to get convictions out of I mean, hey, they’re gonna throw like this guy said that they were gonna give him six consecutive sentences. Okay, so take six life sentences is that that he was threatened with right? Yeah. Oh, six consecutive…

Unknown Speaker 18:51
He doesn’t say life

Andy 18:53
He does say would have been life, so he took that quote, unquote, deal, which I get, great. So then like, Well, shit, I will take whatever is better than spending the rest of my life in prison. Like, okay. It’s just garbage. It’s just garbage. Alright, we don’t have to dwell on that. And I’m very sorry that he’s spending 14 and some change years in prison, because that’s just garbage. We ready to move over to this Doug section.

Larry 19:22
Oh, this is this is the main event. Did we make it to the main event in less than a half an hour?

Andy 19:28
We did it’s 19 and 20 seconds.

Larry 19:31
All right. We have this fantastic event that I’ve put together with one of our patrons. And we don’t name names. If we do, we don’t name enough so they can figure out who it is. But this is this is one that’s been bobbing around for I’d say a few months that I was supposed to be looking into. So finally, I’ve been doing some looking and so we’re going to talk about it tonight.

Andy 19:58
Outstanding and I’ll read this letter like the intro letter?

Larry 20:02
Yes.

Andy 20:04
Cool.

Listener Question
I am writing in regard to previous conversations my wife had with Andy, that’s me, in my situation. And I spoke with attorney Colleen Kelly in Denver, and she recommended exploring deregistration in Minnesota. I was successfully discharged from probation on June 1, 2020. And here’s a quick overview of my case in Colorado. In 2005, I was an adjunct instructor at the community college in Orange County, Colorado and had a consensual relationship with a 17 year old female student, which I received a deferred adjudication on felony sexual assault of a child 15 ages 15 to 17. I suppose that’s what that is position of trust, and over 10 year age difference. It was five years of registration, and five years of probation. I had no criminal charges during that time. But in late 2009, my probation was revoked due to drinking, not re-offense. God I hate it like, like it’s legal for adults to drink, Larry, but I understand that these are conditions but like, it’s a legal thing for people to do. This triggered the felony conviction and lifetime registration, Holy crap, I was able to move back home to Minnesota by interstate compact probation transfer, where I had family support and turned my life around. I had no other probation violations, and I completed SO treatment in 2011, and successfully discharged from probation in June of this year, but still have lifetime registration due to the probation violation for drinking while on probation. In Minnesota, I do not have a tier designation. Since I was successfully discharged from probation, I would like to see if there is any possibility of for deregistration. Although I realize that is probably a slim chance, the probation violation from the deferred adjudication was for drinking and not re-offense. So, wonder if that might be considered a factor. And all of that, good grief.

You know, so we have a mutual friend here in Georgia whose son got I think, a just like a deferred sentence, but he was put on probation. And then on his anniversary with his wife, he goes and drink some Margarita goes to the polygraph test, says yes, I split a margarita with my wife, and then they locked him up for a year or two. So just providing a parallel similar story, which just sounds like complete garbage.

Larry 22:14
It does, indeed.

Andy 22:17
So this sounds similar. This is ridiculous.

Larry 22:21
So what was your question?

Andy 22:24
Well, my question it says, The neat thing about this case is that involves interstate movement, sexual offender by the interstate compact for adult offender supervision. Okay, you people wanted me to read this letter from a person who lives in Minnesota and was convicted in Colorado, I’ve read it and for the life of me, I can’t figure why you put this up for tonight, my reading is that he would like to get off the registry, which everyone does. What is unique about this particular situation?

Larry 22:47
Well as, as we’re going to go into, it’s unique in that we’re going to talk about interstate movement of offenders via the interstate compact, we’re going to talk about which states registration requirements control. And we’re gonna talk about whether or not one state’s removal impacts your life in another state. In other words, can one state remove you from another state’s registration obligations? And we’re gonna get to talk about the complexity of the petition for removal processes where they do have such a process. So we have a whole lot we can bundle into this. So let’s go for it.

Andy 23:23
All right. All right. So he was convicted in Colorado and now lives in Minnesota. And he wants to petition for removal. Should he file the petition in Minnesota or Colorado? I know the answer Ding, ding, ding, it’s going to be Minnesota.

Larry 23:37
That would be correct. He would have to file in Minnesota. But unfortunately, Minnesota does not appear to have a removal process.

Andy 23:49
That probably complicates it.

Larry 23:51
That is the complicating factor in this since I can’t find that there is a process to be removed in Minnesota. So but that’s where he would normally be granted relief, since that’s where he lives.

Andy 24:04
And the only reason he is registered in Minnesota is because well, he moved there. And he deregistered on the way out the door of Colorado and then registered on his arrival into Minnesota. Right?

Larry 24:16
So far, so good.

Andy 24:20
And because I don’t know if it’s all states, but nearly all states have some kind of language that says if you were convicted of it doesn’t say if you were registered, if you were convicted of a sexual offense in the other state, you have to register here. If it has, then there’s the crazy language of if it is some sort of equivalent, similar whatever those terms are.

Larry 24:39
So that is correct. So I think you’re trying to ask me if he is he’s registering in Minnesota simply because of the Colorado conviction and there’s a catch all provision in Minnesota. And yes, there Yeah, there is. There is a catch all in Minnesota. And and at the time he moved to Minnesota, it does not appear he would have had a register obligation, because the conduct is actually triggered the duty to register would not have been, I would not even even been an offence in Minnesota. Certainly, if it’s not an offense, it would not have been a registerable offence because the age of consent at a time was 16. And the college student was one of those that was just shy of being 18. And that would have been a consensual act in Minnesota.

Andy 25:26
So this is where going into that state, though, then he they should have looked at whatever the similarity is to it and let it go?

Larry 25:35
No, that’s not what they… they have the catch all provision that he went on interstate compact, and even if there’s not a catch all provision, if you compact into a state where you’re having to register, and you try to unregister, and make a fuss about having to register the state that sent you there gave you permission is not going to be happy with you. But but most of them, most of them, I mean, think about it, if they grant you the privilege of moving and you move for the purpose of getting off the radar, they’re not gonna be too happy about that. And beyond that, Minnesota had the provision that that, that if he had the register in the state of his conviction, he had to register there. So he so he had to register in Minnesota. And but had he done this exact same conduct in Minnesota, he wouldn’t have had to have registered if the actual underlying offense had occurred in Minnesota at the time. Now, it appears as though I’m relying on on one of the contributors to this to do the research, it now appears that they’ve changed the law. And that that that is that is a crime that would put a person on the registry and in Minnesota but it wasn’t at that time.

Andy 26:46
Then I just have to ask you, which one would control? Wouldn’t it be the date of conviction and not the date that the law got changed? It’s a civil regulatory scheme, they can do whatever they want.

Larry 26:57
You answered the question.

Andy 27:03
I, you know, when I have conversations with people about this, and I purposely get themselves, like wrapped into this whole thing, if you go like 100 miles an hour over the speed limit, they are going to arrest you. But otherwise, traffic fines are just some kind of misdemeanor thing. And you know, it is a civil regulatory scheme. But you don’t normally end up going to prison for these things. And I get people wrapped up in this loop of the level of punishment that goes along with this quote, unquote, civil regulatory scheme. And I get them going well, yeah, that sounds like punishment, but it’s a civil regulatory scheme. So they can just change things whenever they want. But that’s after the fact, that’s after the crime has occurred. Right, that they can do that, because it’s a civil regulatory scheme. But it sounds like Anyway, you just go around around around, anyway.

Larry 27:46
Well, well, but it’s not. It’s not that complicated. They, first of all, the traffic, the traffic, largely, those are criminal citations, even though you don’t get arrested, that is a criminal court. There are, there are civil traffic tickets, like the red light cameras and the speed vans and stuff. But most of the time, you’re getting you’re getting summoned into a criminal court. But the criminal penalties for those offenses are usually far less severe. Unless you’re a repeat… if you’ve run 100 miles an hour enough times they will put you in prison for that.

Andy 28:19
Yes and they will have taken your license first, though,

Larry 28:23
They will they, maybe, maybe not. But but but you. But But what you continue to confuse about the penalty for the sex offense didn’t change, he still has eight to five years of whatever he got was not impacted by the civil regulatory scheme. The Civil regulatory scheme would be like if they change something related to car operation, if they change the rules related to licensure and your car operations, your registration, that doesn’t, you don’t get grandfathered in. If they change the safety requirements that have safety inspections that they’re not gonna say, well, you got you don’t have to worry about this. So as long as the registration has not been deemed punishment by the court, they can change it. now on this particular situation. I didn’t have enough time in the last five months actually was like, four months. Since this question came to me. I didn’t have enough time to do the research to find out when they when they made that a registerable offense in Minnesota, they had to do two things they had to they had to create the crime first, and then they put it on the list. There would be a legal argument that’s the crime didn’t exist at the time that you couldn’t be required to register for something that didn’t exist. But the bureaucracy is going to take the position without specificity in the end, how they applied it. If you look at the the applicability section of that of that statute, where they added it to the list, if they didn’t say for convictions are occurring on or after this date. The bureaucracy is going to take the position that that that since it is civil regulatory, they can apply to everybody that’s that’s going to be their position absent specific instruction from the legislature.

Andy 30:05
Okay, and I’ve heard you repeatedly say on this podcast, the state of residence controls registration, because you checked out from A and you’ve moved to B. Now I’m betting that you’re going to come up with some reasons why he was forced to register in Minnesota, even though Minnesota would not have required registration. I think we already just talked about that, because they have the catch all phrase, right?

Larry 30:22
That’s correct. They have, they have to catch all. But Minnesota also has, in addition to the, to the catch all they have, they have they have specific language, it looks like they don’t want to be haven in any way. If you come to Minnesota, if you’ve made obscene phone calls in Georgia to a minor, you’re gonna have to register Minnesota the way I read the law. So so they’re there, they’re big on making sure that that if you’re registered, you’re not gonna escape it there.

Andy 30:51
Can you do me a favor and give me some examples, one of them that comes to mind at something that says substantially similar, like that, that is part of the language of the catch all stuff?

Larry 31:01
In our case, it says equivalent, but in most states, it says, a reasonably or substantially similar, I think substantially is the most common is, substantially similar is the language that that leaves it wide open.

Andy 31:15
Because I was just about to ask, do you have any kind of due process for interpretation of what substantially similar or reasonably similar means?

Larry 31:21
Usually not. Usually, it’s a bureaucrat, since registration is bifurcated in most of our states, meaning that the law enforcement units handle it. And then there’s the central administration done by the state, the law enforcement, when you first set foot in there, they want to register all they can. So so you the deck is stacked against you, when you set foot in there, you found registered in Georgia for making obscene phone calls. That sheriff’s office is not trying to cut you loose, it would be the rarest of circumstances that are trying to cut your loose. Now somebody’s gonna say that a sheriff back in some County, back in 2014, said I don’t want you to have to register it, there might be that anomaly. But most of the time, they’re gonna want you to register, because they would rather be safe than sorry. And the way they look at it is A) it means potentially more federal funds for compliance checks. They look at going to their local funders for a sheriff usually has to appeal to their county commissioners or their county board of supervisors or whatever they call it their governing authority for funding. And if they say we’ve got 940 registrants at our county, and that’s up by 22% over the last two years, and we’ve still got the same number of Deputies we had. And we need more resources. So we can keep an eye on these people. But would that if they told people we don’t want you to register? Would that help them or hinder them and getting more funds?

Andy 32:52
That would definitely hinder them. And this would be where you were just talking about defunding the police? Again,

Larry 32:56
that’s correct. When we talk about defunding the police. Again, we’re not talking about total abolition of funding. We’re talking about forcing wise choices by slightly reducing funding, the same type of thing that conservatives say that should be done with liberal programs they don’t like. They talk about, sometimes outright abolition, but they talk about dramatic reductions in funding because we need to try a different approach. And that’s all we’re talking about is the same thing that they talked about.

Andy 33:29
Tell me about this, didn’t we discuss something from one of the circuit courts that talked about registration, something that something about registration was unconstitutional. Something like on the tip of my tongue comes back to mind about that.

Larry 33:44
We did indeed, Are you thinking about the Seventh Circuit decision out of Indiana?

Andy 33:50
It was one of those numbers.

Larry 33:52
What are you talking about when you move from or state? Is that what you’re talking about?

Andy 33:57
It was, wasn’t it juveniles?

Larry 34:02
the one from Indiana, I don’t know what you’re talking about unless you can be more specific.

Andy 34:06
Okay, well, the Seventh Circuit Court of Appeals,

Larry 34:08
that’s the one I’m talking about. Yeah, that’s that’s the Indiana case where the where the people had been convicted in Indiana, and then they had left and moved back and and we covered that a few episodes back. And, and, and, yes, the Seventh Circuit which Minnesota isn’t it, but, but but that that case was was precedential for the for that circuit, and it can certainly be cited in Minnesota, I believe is an eighth that that can be cited as persuasive authority, that you can’t impose a registration obligation on Minnesota on someone just because they’re in Minnesota if they wouldn’t have to register there, but the problem for this individual is apparently now under existing Minnesota law, there would be a registration obligation if it were applied retroactively, depending on how they constructed that. But he might have the possibility if they applied that prospectively that he might have a cause of action in the federal courts under the equal protection clause that could be modeled after what was done in Indiana.

Andy 35:21
What you what is the clearest of proof mean in this case?

Larry 35:27
It means one step below beyond a reasonable doubt.

Andy 35:31
And beyond a reasonable doubt is almost like I am just slightly shy of 100% certain, I mean, is that kind of a way to look at it?

Larry 35:38
No one knows for sure. But But we we like to think that jurors take that as a very high burden. And that’s part of what I do at your at your at your board, or you try to figure out what kind of evidentiary requirements you are going to have, if you’re a defense attorney. If you are the prosecution, you hope they don’t have any requirements at all, you hope that they just rubber stamp, when we had Ashleyon some time back, she said, everybody wants a fair jury, nobody wants a fair jury. Everybody wants a jury

Andy 36:08
I don’t really give a shit. As long as I go home without having to go to prison. That’s all I care about. I don’t care about fair.

Larry 36:15
So when the prosecution is creating the jurors, they’re looking to exclude people that that they perceive that might actually be fair to you. Which is sad, because as a prosecutor, they have an ethical obligation to seek justice. But as a defense attorney, you don’t have that ethical obligation to seek justice, you have an ethical obligation to try to prevent the state from putting your client in a cage. That’s the ethical obligation you have.

Andy 36:43
You’re just trying to keep balls out of the net, and they’re doing everything they can to put the ball in the net, all you’re trying to do is keep it from going in the net, that’s all.

Larry 36:51
And people mistakenly tell me all the time, we have an obligation to tell the truth. We don’t we have an obligation not to lie. But we don’t have an obligation to reveal the truth. You ethically, ethically cannot put your client on and let them tell a lie. That’s unethical. But you do not have to have your client tell the truth. That’s not our job.

Andy 37:14
Sure. and telling the truth. I don’t have a very clear example in my head. But I know that pleading the fifth would be not telling the truth. You’re just declining to answer. And I’m sorry, let me, you’re not lying, you’re not telling them, you’re not giving out the information.

Larry 37:34
Right? Well, if you if you choose to testify, you can’t invoke the 5th, I mean, you don’t get to pick and choose what you answer. But if you if people think that when there’s an accusation made, that the defense team has an obligation to help find the truth, we do not have such an obligation. The truth is not something we’re searching for. We don’t go into it looking for the truth. I mean, in your private conversations with your client, you try to find out what truth. We go into it hoping that we can prevent the state from convicted you so that they can put you in a cage. That’s what our ethical, ethical obligation is, is to look at the state’s case, and see where the holes are, and try our best to make sure that they don’t win within the bounds of ethical behavior. We’re not trying to, we’re not trying to reveal the truth. The person that’s sitting there, behind the prosecution, that’s the alleged victim, we’re not obligated to help them feel good and go home with justice.

Andy 38:41
You’re just there working for your client to keep them from going to prison?

Larry 38:44
That is correct. There’s no such obligation for us to try to reveal what happened. And too many people say how do you sleep with yourself when you could show the truth. We sleep just fine because that’s not our job to to reveal the truth. That’s your job,

Andy 39:01
you choose the side that you’re going to be on too

Larry 39:04
You chose to bring the charges against the person, you chose to seek a termination of their freedom. It’s your job to show by proof beyond a reasonable doubt that that person should be in a cage. I have no such obligation.

Andy 39:22
Is this uh, do you think this some that NARSOL would get into supporting?

Larry 39:27
It very well could be. As as an opportunity to talk about what NARSOL does, impact litigation is an example and this, I’m guessing he’s not the only person who has an out of state conviction who’s residing in Minnesota. And I’m guessing that that they’ve applied this catch all provision to all of those people regardless of what their out of state conduct has been. So this would be something that would pass the initial screening for litigation. Now, once you pass the initial screening doesn’t mean you’re going to get funding and support, it means that you qualify as having a case that has impact beyond you. What we would look at beyond that would be the winnability of such a case. We would look at the legal team, we would have to look at existing precedents, what what kind of cases have already been litigated regarding out of state registration and were they put together properly? Are we already screwed from the get go because of bad case law? But in terms of in terms of… I mean, you can be. You can be into something where already sloppy litigation’s been done, and there’s precedent that you’re gonna have a hard time overcoming, because they already ruled on it, the judges can’t make You have a good case, if you don’t put together a good case. And if you suffer a bad really, because you put together a sloppy case, it may be that that may preclude us. But this would certainly be something that we would be interested in looking at because of the impact beyond this individual.

Andy 40:58
When you’re on supervision, you can just sort of like on interstate compact, and you just get returned back home, is this the case that he could just return back to Colorado, and try to pick up where you left off with Colorado removal process?

Larry 41:14
Well, he’s already off supervision, so so he won’t need to even consider that. But unfortunately, going back to Colorado won’t do him any good either. So it’s sad, but but if he were to go back to Colorado, he has an offense because that was a position of trust, that prevents him from being considered under their deregistration process.

Andy 41:45
That’s not cool, either, then does he go to Vermont? Since we always pull up Vermont.

Larry 41:51
We’ve got to stop doing that.

Andy 41:54
I know, they’re gonna change their laws and all the Vermonters are going to be very pissed off at us.

Larry 41:59
So…

Andy 42:00
Vermontonians? What would they be called? Nevermind. Um, but you have a lot of challenges with like removal processes. And you said something about California like, yeah, they’ll have a removal process. But there’s no way anybody other than the the tiniest narrowest of people are going to actually get off of the California registry.

Larry 42:21
I get a lot of hate mail about those comments and people take them out context. They say that that apparently, I don’t like a removal process. Actually, that’s way out of context. What I don’t like is there doesn’t need to be a removal process. If you simply want to follow the Adam Walsh Act, the tier one and tier threes just simply timeout when you’ve done your requisite term queue timeout. So in California, and this beautiful system that’s developed, the tier ones and tier three, tier twos have to file a petition after they’ve timed out. For the life of me, I cannot understand why they did that. Course I understand exactly why they did it. Because it was the only acceptable thing politically. When you start talking about changing lifetime registration. You couldn’t just go from having no removal process at all to a free for all, where everybody just just turns off, and it goes and disappears, like, you know what into the wind. So politically, they couldn’t do that. But, but they could have done a lot better job than what they created with all the cumbersome steps that you have to go through in that removal process in California, which makes it so unlikely that very many people will benefit from it. Is it better than not having a process? Yes.

Andy 43:45
I was just about to ask you isn’t having one better than not Mr. Negative Nelly, and whatever? Nelson? Yeah, negative Nelson.

Larry 43:53
Yes, it’s better than no process. If you have a lifetime obligation, like in my state, many do. And there’s no process and you’re on your walker and oxygen. It’s better than having no process because that leaves you no hope. But I would prefer that as many people as are permissible under the federal, those rigid federal guidelines, I would prefer they just simply terminate based on the time that they’ve been on the registry. And then the tier threes, which there isn’t a process in the federal law, they are supposed to stay on until the end of their life. I would prefer that we be creative and figure out a process that they can go through and have a real fair process for the tier threes. And and when I say tier threes, I would like for only the people who are required to be in tier three to be in tier three, which very few states, if any, have ever done it that way. But the tier threes are the only ones who should have to file a petition. Otherwise, they should just terminate and be done. And that’s what I don’t like about it. A lot of people don’t have the 1000s of dollars to pay. And they end up falling it pro se. And they end up getting sunk pro se, because of the steps that they screw up, or the victim opposes it, and they can’t have a conversation. Can you imagine what it would look like if you tried to sit down and talk with your victim? How would that go? I mean, not personally, (Andy: Either way.) So how do you feel about me getting off the registry? How does that conversation look like?

Andy 45:39
And if you’re still under supervision, you’re probably prevented from having that conversation, even third party, so I can’t even hire you and your legal team Larry to do this on my behalf.

Larry 45:49
Well, if you’re under supervision, I can’t imagine you’d be eligible for removal, would you?

Andy 45:54
No but if we were going to try and knock it all out at one time. And you would have to do all this in one shot. I was just bringing this up as an extra inhibitor that you couldn’t even do it third person. Can I wink wink, nod nod hire you to do this on my behalf without me asking you to do me this favor?

Larry 46:11
Well, maybe.

Andy 46:14
We just can’t talk about and have any sort of documentation that says that this happened. All right, well, what’s wrong with the Colorado process? Why won’t, why won’t this person be able to get off the registry in Colorado?

Larry 46:24
Well, first, he’s not in Colorado, and he has no plans to live there. So as we said before Colorado cannot terminate another state’s registration obligations. And second, even if he did reside in Colorado, as I said earlier, his conviction isn’t eligible because of the exceptions. And, and that really, that really bugs me that they have so many exceptions. In Colorado, for example, if a person has been convicted of more than one count, even within the same case number, they’re not eligible in Colorado, and we had that talked about by Colleen Kelly, who is an attorney who practices in Metro Denver. And that that is such I mean, you could have had multiple escapades with a consensual partner, that simply the age alone made that made that illegal and unlawful sexual activity, and you can’t be removed, yet you have children because you got married to that person, and you’re on the registry for life, and you’re not eligible. I mean, isn’t that a beautiful system?

Andy 47:26
It’s amazing. That one, yeah, I mean, even in my supervision, stuff, I know, it’s not registry related. But my supervision stuff is that I couldn’t have contact with my own children, child, he, excuse me. Yeah, with anyone under the 18, including my own child, that was like one of the probation restrictions, which is unbelievable to me. I could understand if that were the victim, I would totally understand that. But not if it’s not.

Larry 47:48
So this, this man, has his lifetime earnings adversely impacted, which I don’t think is good for us. I mean, we all have our paws out wanting some of that income transfer. And he would be able to put a lot more in the kitty for us to transfer and have transferred to us if he were allowed to maximize his potential. So that’s not in the best interest of society, and just the calendar by a few months created this situation of a consensual affair. And some I mean, I’ve heard, I’ve talked to people who teach that various levels of educational particularly even in universities, and I’ve heard that sometimes they like the instructors. And I’ve heard that, but I would much prefer that, that that he be allowed to be fully employed, paying his taxes, and being a responsible citizen, rather than being saddled with this one mistake that he made a long time ago, for the rest of his life.

Andy 48:47
Totally. Yeah, I can’t quite wrap my head around that whole side of things. And so we’ve been doing this for almost 30 minutes and what is it you don’t like about the Colorado removal process itself?

Larry 49:03
It’s just it’s just too, too cumbersome. It’s similar to California. And you remember the Millard v. Rankin case with judge Matsch decided in favor? that was one of the plaintiffs issue that he had filed petitions, I think, one or maybe two. I think it was more than one as a matter of fact, a judge made a notice in the decision of how that no matter what he did, it wasn’t good enough. It was like a moving goalpost to be to be removed. So I put the removal process in for the patrons that people who want to look at it, it’s Colorado Revised Statutes 16-22-113 and it’s like seven pages of stuff and it tells you all the hoops you have to jump through and what shall happen in terms of the victim involvement and everything. And I just, I can’t wrap my brain around something that that complicated. All it all it does is make you make a lot of money for lawyers it sure does do that.

Andy 50:00
You people can’t wrap your head around it? We lay people are doomed.

Larry 50:03
So well, if I studied it long enough, I could wrap my brain around it, but it is not necessary. It’s not written in a way that would achieve the goal. The goal should be, in my view, to deregister rehabilitated people. I mean, I wish there were no registration to begin with. But at the point this person has been rehabilitated, there should be a legitimate process that would let them get off the registry. And they made it where virtually no one gets off. I’d like to know the stance, I’d like to ask Colleen, how many of your petitions are actually granted?

Andy 50:38
Sure. And back to your notion of this level ones, possibly level twos would just timeout after X number of years post their sentence ends. Is that where you would go, where you would go with that possibility? Like ones as soon as your your sentence ends? Maybe twos, like five or 10 years later? Is that something along the lines that you’re thinking of?

Larry 50:56
Well, I was just talking about in terms of the Adam Walsh Act itself, if you want to be federally compliant, which not all states have expressed that desire. California has in fact, rejected AWA compliance. So since you don’t even have that in the back of your mind, why would you want to have a standard more extreme than those harsh federal standards which you have rejected as being unsound? Could it be that actually you want to be tougher than the federal law? Because what California is requiring to get off the registry is not required by the Adam Walsh Act, you do not have to file a petition.

Andy 51:38
Anything else? I’m out of ideas for questions. Is there anything else you want to talk about this before we move on?

Larry 51:44
I think we spent enough time on it. I hope that helps our listeners.

Andy 51:50
Ready to be a part of Registry Matters? Get links at registrymatters.co. If you need to be discreet about it, contact them by email registrymatterscast@gmail.com. You can call or text a ransom message to (747)227-4477. Want to support Registry Matters on a monthly basis? Head to patreon.com/registrymatters. Not ready to become a patron? Give a five-star review at Apple podcasts or Stitcher or tell your buddies that your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting. Without you, we can’t succeed. You make it possible. Before we do like I guess not quite revisionist history but back to the future. We will we’ll go back over to House Bill 56 from New Mexico. And I really want to like know from you, Larry, what you’re actually trying to do in this case? Like what is your like the fundamental goal of what you’re trying to do? *Plays audio clip* Forgive the audio quality. It’s a 700-year-old audio clip and who is that?

Larry 53:18
That would be the late legendary University of Alabama football coach Paul Bear Bryant, who was trying to give an interview in a very loud environment. And he was being questioned about why he made a quarterback change at halftime, and her very succinctly says I’m trying to win the game. That’s my strategy.

Andy 53:41
Okay, and so why would you employ this strategy or that strategy? Why would you do these things?

Larry 53:48
Well, I just got through telling you, but coach Bryant told you, we’re trying to win the game.

Andy 53:54
Alright, so this segments over?

Larry 53:58
Well, not completely over.

Andy 54:03
But I mean, to rehash all of this stuff, though, is that you want you people, you want your people in New Mexico to simply trust that what you are doing that they should just trust? Is that to sum it all up?

Larry 54:24
Well, sort of Yes. That that’s kind of what you have to do. If you if you can’t do this yourself. And most people either do not possess the skills or the time, then that’s kind of what I’m asking us to take a look at our record, which is an exemplary one. And give faith that we have an idea of what we’re doing. And we do have, we do have a strategy. We have we have the basic strategy of trying to win the game. Which means that we do not want House Bill 56 to pass. So that’s the strategy. We want House Bill 56 to die. So what more about my strategy do you want to know?

Andy 55:16
I want to know the ins and outs, I want to know who you’re going to go talk to, I know what you want to I want to know what you’re going to talk about. I want to know all of those things.

Larry 55:25
Well, but that that’s difficult to tell you, I mean, we’ll go back to the sports analogy. What I don’t know what sports you follow, but footballs what we’re talking about with coach Bryant, what team puts their game plan out to the public before the game is played, I mean, I mean, basically, they tell you we’re trying to win the game. And our strategy is to score more points than the opposing team but in terms of what exactly who I’m going to talk to and what I’m going to do, to go and put the exact plan on the table would render that plan, less likely to succeed. But there, there is a plan. And the plan, just as in football or any sport is subject to change according to how the game is unfolding. And this is a game. We’re on defense. The state has proposed through a legislator, a public policy, a dramatic public policy change that we do not agree with. So they’re the offensive unit. They’re trying to move their goal forward. And we’re the defensive unit. And we’re trying to prevent their goal from moving forward. And we will have to adjust as as a sports team would have to do depending on what type of type of traction they get, and how quickly they start moving towards accomplishing their goal. Now in this particular case, they’ve already moved it past the first committee. It was assigned since it’s a house bill, it was assigned to two committees in the house, the house Consumer and Public Affairs Committee. And then the second committee is the Judiciary Committee. The Consumer and Public Affairs Committee is a five-member committee. And since the democrats hold the majority in the state, it’s a 3:2 ratio as we’ve talked about, and the chair is the sponsor of one of the sponsors. And the the other primary sponsor is, so it’s Liz Thompson and Georgine Lewis. Georgine’s running for Congress right now, because we have an open seat with with Deb Holland being appointed to be Interior Secretary. So we’re going to have that seat, that congressional seat open. You think that since Georgina, is running for that seat to be the Democratic nominee, do you think she would be likely to be amenable to our overtures to try to pull back on this particular legislation? Do you think that that would be at her political interest right now, if we if we spent a lot of time on Georgine?

Andy 57:53
Probably not.

Larry 57:55
Do you think that we could since they that chair, the committee, is the sponsor, as well as the two primary sponsors? Do you think that she’s in a mood to kill her own legislation? (Andy: Probably not either.) Okay, well, then, then you’ve got one other Democrat, which has become a benefactor, so I won’t name them. And then you’ve got two republicans. Do you think that the republicans are interested in killing registration? So you’ve got you’ve got, you’ve got nothing to work with in consumer public affairs. So the strategy was to allow those who want to try to influence that committee that don’t realize that they can’t have much impact on that committee to let them go ahead and expend their energy. And, and, and our strategy was to do a more surgical approach. And to look at the next step, which is the Judiciary Committee, which is where the bill has now been assigned to. And we’re gonna focus more energy now that it’s in Judiciary. That’s still not the end of the line, because it has a lot of territory, it has to pass House Judiciary, it has to go the floor and be given final approval. It has to be introduced in the Senate, it has to go through a committee process in the Senate. So we’ve got several options along the way to try to deal with this. But it was not amended in Consumer and Public Affairs. So it passed as it was introduced. At this point, we have to decide if we want to try to amend it, or if we want to continue trying to kill it. I haven’t made that decision yet. In terms of in terms of what the strategy is going to be now that it is in judiciary. I would announce it if I had, but I have not made that decision yet. In terms of what I’m going to do. I’m going to try to pull some people in the judiciary figure out what the sentiment is whether that committee and what what what type of mood there in terms of this particular subject. Once I do that, I’ll figure out what what what to do next. But truly, you don’t know what you’re going to do until the game is unfolding, you can have the greatest game plan in football, you can plan to run a passing game. And it may be that the defense so understands your offensive unit that they break up every pass play, and you may have to go to a ground game. So we don’t know exactly what we’re going to do, what we do know is that we’re gonna try to kill it. And if we can’t kill it, we’re gonna try to amend it where it’ll be less disastrous. That’s the strategy. And I don’t know how much simpler I can make it.

Andy 1:00:27
It’s funny, there’s a there’s a clip from the famous boxer Mike Tyson that says, everyone has a plan going into the game until they get punched in the mouth. I don’t know the exact wording, but it’s something to that effect. Everything would just be malleable. You could have plan A,B,C,D Oh, crap, we need a plan E all of a sudden, and I you know, like our military and our, our, our leaders like that they will make you know, how many different contingency plans? Well, let’s make one for everything. And that would go to Donald Rumsfeld and the unknown unknowns? How would you know, how would you know how to plan for something you don’t know is coming?

Larry 1:01:00
Well, here, I mean, I can give you little clues. If you listen. I don’t believe that we will be able to successfully kill it at the house. And that’s for a number of reasons. And and some of them I won’t say publicly, but one I will say publicly as that the house has to face the electorate every two years which mate makes the angry mob more of a threat to them. Senators only have to face the angry mob every four years, and they just got through facing the angry mob in November. So the senate can be more deliberative and thoughtful. The house since this is a house bill, that they’ve got the first crack at it. And they are more likely to succumb to all of the pressure that’s being put on them because they’re going to be facing the voters a lot sooner than the senators. So that gives you a strategic advantage. Same thing in the US Senate. Do you think that the US Senate and I’m not trying to politicize the stimulus, but do you think that the US Senate now that they’ve just had the election, and they they they blocked stimulus before the election? Do you think that now that they’re gonna magically since those people that that blocked it have six years before they have to face the mob again, do you think they’re magically going to have a change of heart and all of a sudden be in favor of stimulus? Of course not. Because in six years there’s no telling where the economy will be? There could be a labor shortage and everybody could have become super wealthy? I mean, we know we don’t know. So they’re not thinking about that? Well, the Senate in our state will be the deliberative body, that will be where we will focus more of our energy, because they have the luxury of being insulated more from from the angry voters.

Andy 1:02:49
Isn’t there? They call it crossover day in Georgia, do you have something? Is there a term equivalent? Or is that a standard term where the bills move from one side of the chamber to the other,

Larry 1:02:58
We do not have that here, it can cross over in the final few days. Now, the later crosses over bad things happen, potentially happen, because if a bill that has widespread support, doesn’t cross over until the final week of the session, it’s more likely that it’s going to be rushed along in the Senate. So they might may only give it one committee assignments, but because two committee assignments for the week left would be death. And then like we had, we have one of our patrons who said, well, they do things in the middle night. They sure do. They do things the middle night, because of the final week, they have to start working long hours to try to clear the backlog of bills that have crossed over to the respective other side you have depending on which one it was House or Senate Bill, those bills are all sudden piling up on the other side. And also they’re doing a lot of floor debating on on bills that have that have been finalized. And that are on final passage, I should say. And they’re having to have their floor debates, which are causing the floor sessions to go later. So they end up having longer and later committee meetings into the evening hours. And then if they adopted the three-day notice requirement that people say, well, they should be a three day notice before there’s a hearing on a bill. Well, if they did that, things that crossed over in the final week, there would not be enough time to give notice and have the hearing. So that’s that’s the reason why they post the agendas online and on the doors and as time really gets short, sometimes onlinedoesn’t even keep up. It’s just on the doors on the committee room hearing doors. If you don’t have anyone in the capital, or if you don’t have anyone who has a relationship with the committee Secretaries, then you don’t even know what’s on the agenda because things are just moving too fast. But it’s not anything sinister. They didn’t plot to do that. We’re gonna do this and rush this through in the middle of night when when the lights are out and nobody will know. It’s because that’s just the system we have.

Andy 1:05:00
I think that we should continue doing these legislative discussions. And I know that they are like super wiedzy and probably people their eyes start rolling the back of their heads. But wouldn’t it be possible to get someone even if we like covered their voice, do you think it would be possible to get some politician on here to bat things around? And I don’t have a subject in mind. But do you maybe even a lobbyist that would like really, you know, that you can noodle around back and forth on these topics and conversations?

Larry 1:05:29
I think it’d be possible we’ve had in NARSOL, we’ve had, we’ve had senators and elected people speak, I think we had an Ohio, we had in New Mexico, which you weren’t around then, but we’ve that before.

Andy 1:05:42
okay, I think that would be kind of neat to somebody on your level, because I’m, you know, I’m like still learning how to crawl, and you’re, you’re running marathons?

Larry 1:05:50
Well, I wouldn’t say that.

Andy 1:05:55
I think it would be something good for us to continue to bring it out very regularly, to continue talking about this legislative process, but you know, in whatever, two ish months from now, all this stuff, all the things shut down, and then we don’t talk about it again, I know that they’re a year round legislators, but they’re, for the most part, everybody shuts down for another 10 months.

Larry 1:06:13
Well, it varies some go all the way till April, May and June. But by and large, our states are part time legislative bodies. And they, if you get to June, there’s very few in session at that point.

Andy 1:06:28
And to backtrack on one other little piece of that they’re not paid or a small amount of money, like just some kind of per diem money, parking money, some grocery money.

Larry 1:06:36
Well, depends on the state. Some states pay a decent salary. ours, ours doesn’t. I think in Maryland, they pay like 50,000 a year. Here, they get a per diem around $194 a day when they’re in session.

Andy 1:06:47
And that’s only for 60 days?

Larry 1:06:50
yeah, well, it’s 60 days this year, it’s 30 days in the even number of years. But if anybody’s ever visited, Santa Fe, tell me when you rent a hotel room in Santa Fe, and you pay for food, what do you have left of $194.

Andy 1:07:07
Probably $100.

Larry 1:07:11
Probably not.

Andy 1:07:14
You should set up an Airbnb then Larry, you’d make a fortune.

Larry 1:07:19
They do a lot of them stay and but but the the reality is $194 barely covers their existing expenses when they’re in the capital. A few of the legislators that represent Santa Fe, and they can live in their houses, they still get the $194 that they do all right, don’t they, comparatively?

Andy 1:07:42
Yeah, yeah, sure. Sure. Sure. Sure. Sure. Totally. Yeah, in New Mexico is a pretty big state, Maryland, on the other hand, other than if you lived over on the super West Side, trying to go over to Annapolis, you, you probably could commute almost every day from just about anywhere in the state.

Larry 1:07:58
I don’t know I think I think we’d have someone disagree on that. If you talked about the traffic that if you depending on where you are in Maryland, there’s some hellaciously bad traffic.

Andy 1:08:08
So there is traffic, certainly in the spaghetti junction, spaghetti zone, I forget what it’s called at this point. I used to live there a long, long, long time ago. I don’t know that we have anything else Larry. Do we have anything else that do you want to hit any of these articles, we were a little over an hour, we’re almost at an hour and 10 minutes. Do you want to cover anything else?

Larry 1:08:30
I think we should just shut this down and tell people that if you want a transcript, that service is booming. And so if you want to have a transcript, you can become a patron at 15 a month, or we actually do the transcripts directly. But that cuts you out the loop. The person can actually subscribe with us directly for transcripts, and and the list is growing.

Andy 1:08:58
Outstanding. What do people do if they’re not receiving it? Do they just do they torch your building? I get reports from people every now and then that they’re not receiving the transcript.

Larry 1:09:10
Well, I don’t get those reports. Do they get forwarded to us? We correct it every time we hear about a missing transcript.

Andy 1:09:17
I know I was just I’m just bringing it up. So if because it happened again, and I need to get that data to you. I do want to highlight one little thing that I came across there is a YouTube channel from one of our people one of our people, we people the you people, one of we us people and it is The Outspoken Offender. I don’t know I think I brought up a video of his maybe a month or so ago that the guy was calling around and recording the phone calls with various different apartment complexes. And he’s got another one out there and I even want to like kind of it kind of goes back to the Colorado thing but his lease is up here in a couple weeks months and he’s talking about he likes where he lives but he’s got to be I think on the registry for life and he is thinking about moving back to his state of origin which I think is Utah, which does have a removal process. Anyway, I just wanted to highlight because he’s one of us, we you people and go out there and say hi to the outspoken offender.

Larry 1:10:11
So the outspoken offender, I’ll remember that.

Andy 1:10:14
Yep, I don’t know he he probably has a name, but I don’t know that I’ve ever come across his real name. Tell me this, Larry, what should people do when they find our YouTube channel, which is youtube.com/registrymatters, what should they do when they when they when they find their way over to that web page?

Larry 1:10:32
Well, hopefully, at the beginning of it when they first click on the YouTube video, subscribe and hit the like button. The more likes, the better I’m told.

Andy 1:10:45
Yes, the more likes and then also hit the notification bell. That way you get notified when a new episode comes out. And to close the rest of it out Larry, you can find show notes over at registrymatters.co. And you will find every episode we’ve ever done all the way back to episode one and show notes back then we’re pretty dismal. And, but from there, then if you want to leave voicemail, you can email it to me, record on your phone and send it or you can also dial 747-227-4477. You can email us over at registrymatterscast@gmail.com. And of course, the best way to support the podcast is to go over to patreon.com/registrymatters. And you can support the podcast for as little as $1 a month and we appreciate every one of the people that listen and especially those that decide to throw some, some Benjamin’s back behind it. And I don’t think I have anything else Larry.

Larry 1:11:35
And we did create a level, we did create a level for $600 in case you want to get rid of your stimulus money.

Andy 1:11:43
It should be 1400 coming soon, right? $2 trillion bill coming down the pike.

Larry 1:11:47
Yeah, we can we can change it to $1400. But back to the YouTube. Most of the videos I’ve watched, that’s the very first thing they say is hit that subscribe button. Hit that like button. So we’ve got to start doing that.

Andy 1:12:02
We’re not doing YouTube videos per se. We’re releasing a podcast that is on YouTube. I put up a little doohickey on the screen now and then this, there will be one at the end. But yeah, so figure it out. But maybe we’ll start putting it at the beginning just to open up the show and I’ll say like, subscribe, share whatever. Larry, I hope you have a fantastic weekend and I will talk to you soon. Have a great night.

Larry 1:12:23
Good night everyone.

You’ve been listening to FYP.


Transcription of RM161: Porn Ban Struck | Treatment Discussion w/ Theresa Robertson Ph.D., LCPC

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from fyp Studios, east and west, transmitted across the internet. This is Episode 161 of registry matters. Larry, we are getting closer and closer to that age of yours.

Larry 00:23
We’ve still got a couple of decades to go. But we are we are closing out a couple of decades. Yeah, now they’re getting there now can’t

Andy 00:29
wait till we pass it.

Larry 00:30
The other 2020 or so episodes will be there.

Andy 00:35
Here we are 161. Already amazing that we’ve made it 161 Did you think we would make it past like 16 episodes, let alone 161.

Larry 00:43
I really didn’t have any idea what we were doing when we started. So I didn’t have any expectations other than it was not a thing I’d ever heard of.

Andy 00:53
What is a podcast? he said. Tell us tell us a little brief synopsis of what’s going on tonight?

Larry 01:01
Well, we’re going to have some listener and reader submissions, at least to possibly a third one. At least we’ll touch on the third one. And then we have we have a guest a treatment professional we’re going to talk about if treatment can harm a person who has not committed a sexual offense. That’s out of our area of expertise. And we’re going to talk about a case by the Fourth Circuit Court of Appeals, dealing with conditions of supervised release on the federal side polygraphs, porn bands, and then we’re gonna do a little brief legislative overview and tangentially touch on a bill that’s pending in New Mexico. And then we got a couple stories to talk about. That should fill out the podcast. And it should be lots of fun.

Andy 01:49
Outstanding. Well, let’s dive right into question number one, because this one makes me giggle. It’s like, I am innocent. I’m convicted of a sexual offense when no activity and a sexual nature took place. I’m I was simply writing to Alabama from Louisiana for a funeral when pulled over four hours later, I was arrested for trafficking heroin and human trafficking. It was not a sting operation just pulled over for a so called tag light out. circumstantial evidence exists. But the truth is, I was not human trafficking. Nothing of a sexual act took place. The young lady who was 27 years old, stated that while visiting me in Louisiana, I had tricked slash coerced or by drugs to escort. Wow, my request is that any available insight on laws of a sexual nature in Alabama be sent to us because this method is being used to genocide us here and across America. That sounds kind of crazy to me, they’re,

Larry 02:58
well, not so crazy to me, for a couple of reasons. The human trafficking has been so expanded at the instigation of victims advocates and the Polaris project and all these people who who insist that human trafficking is at astronomical proportions, the United States, I’m not convinced, but they say it is. And if you redefine enough crimes and make them human trafficking, of course, it would be an exponential explosion in number of cases. But what they’ve done is redefined. stuff that was already illegal. They’ve made it more serious than they’ve put the label human trafficking on it reminds me of the of the bush versus gore case in 2000. And in Florida, when the trial judge, the Florida State judge blamed the sample souls or something like that, but he was sitting there, and he had denied one of the the attempts to stop the counting. And they filed the same motion again, and they put emergency on it, but it was the same content. And he says, Well, he said I’m reading your motion. He said, it looks like essentially what I’ve already ruled on, except you just stepped emergency across it. And that’s what’s happened with human trafficking. But in this particular case, of course, we can’t delve into it because we don’t have enough information. And we wouldn’t be able to if we had all the information because there’s no one license to practice law. But what I would say to him is that clearly, they must have found some activity, some evidence related to the drugs. And then as they discussed, the the accompaniment of the young lady with you. She probably said some things that were different than what you said. And she may have said that because she had motivations to avoid other charges. We don’t know enough about why they would have made a deal with her. They’re turned on you. But that could be what happened. And I’m guessing that you did a play. And now you’ve had a second and third thoughts about the play. But when you did that play remember when this judge asked you, were you satisfied with your attorney? Do you realize that you’re waiving all these rights and they would have read a list of rights that you are waiving? And you said yes, yes, yes, yes, yes, they asked if you are under the influence of any intoxicants that would render you incapable of understanding when they ask you all those things. I’m quite confident you said, the correct answer. Which means that if you did, in fact do a play, you’re going to have a very hard time doing that play. Not saying it’s impossible, but you’re going to have a very hard time.

Andy 05:35
Also, Larry, when you know, we’re just like, totally no more details provided but it says it was just pulled over for a tag light out. They would just come up in and look at the car and they would say, hey, if a tag light out, here’s your $50 fine and move on. But something else made things take four hours. Well, like I’m gonna totally like it makes exaggerate this. But they walked up to the car and they saw someone with duct tape wrapped around their hands in the backseat. And they said the tagline was out. That’s why he got pulled over. But they found I know that I’m exaggerating. I don’t I’m not trying to like put words in this situations mouth, but something caused it to take four hours before they arrested him.

Larry 06:14
Well, I would tell you that if you’re looking at the name, that probably tells you a little bit about the ethnicity of the person. If you look at the seat in Alabama, that tells you it’s an in in the boondocks. I mean, who’s ever heard of Brant Alabama? Oh, I see. Now, he doesn’t tell us. He doesn’t tell us where it happened that he that’s where his where he’s incarcerated. But I’m guessing that it probably didn’t happen in and one of the larger metro areas, it probably didn’t happen and Birmingham or Montgomery, or even you’re saying this is a minority too. So

Andy 06:48
someone was just being like totally harassed, because they’re a minority,

Larry 06:51
I would say that based on the profiling that happens in this country, that he would have gotten more scrutiny, particularly if there were a word age differential of reasonable officers gonna ask questions, if you’ve got someone as old as I am going back to the Lincoln administration, and we’ve got a young person with us. So the first thing that they’re going to ask us is, you know, where you’re, you’re trained to be able to look out for things suspicious that that you might need. I mean, you just saw the story or heard about the story of a kid that was in the restaurant being, they had bruises and marks all over. And the restaurant manager held up a sign that said duty Hill, and the kids signed, yes. And they came in arrest of the people. So so so I would guess that this looked a tad bit suspicious, probably traveled by, yeah, by biases. When they ran his ID, they probably found some criminality in his past, which that in of itself does not justify searching the car. But then officers, once they find your record, they magically smell something emanating from the window. Or they see something in the floor that looks like it might be paraphernalia. And then they ask you, they ask you, are you carrying any? Do you have any drugs in the vehicle? And of course, the person says no. And then they said, Well, you don’t mind if I take a look. And at the end, the person the person says, the way they phrase the question, though, and the way the officer asked the question, it’s no either way, you know, you don’t mind if I take a look? And the person says, No, I don’t want you to take but they just say no. And but the officer takes it? Well, no, I don’t mind. If you take a look at it, they start looking around and they start pilfering and they see more evidence, and then they they call for the dogs. And the dogs come to the end, they always alert me that dogs almost always alert because I mean, that’s what dogs do. I can’t say that dogs are trained to alert because I don’t have that expertise. But I can tell you that if the dog hangs out in your car long enough, they start pulling at something

Andy 09:02
they will find something

Larry 09:04
and then all of a sudden, based on the dog’s training, they searched the vehicle. So they found the drugs and then they would have they would have separated the two. And then they would have told her that she’s in all sorts of trouble that they found these drugs. And and she would have told them what they needed to hear. Because maybe she didn’t have a criminal record. And maybe he did. And I told her that she was gonna be end up holding the bag because it was found on her side of the car. And then she told a story that met what they needed to hear. And they needed to make a case in and they made a nice case. They got their human trafficking because she said she was being coerced. And she might have gotten totally free, though. There’s a lot of stuff we don’t know about this case, but I’d be interesting. He writes back and I’d be interesting. He writes back and tells me how close I described what happened.

Andy 09:54
All right. I didn’t want to stick on that long, but I did have that like they kept they held on to you for four hours before you arrested. I just want Like something else happened that we’re not hearing about. All right, well, then let’s move on. And oh, this is the hate mail for me. Like, I’ve got a beef with registry matters. And Andy recently told his story about getting off probation years early. And that’s all fine and dandy and great. Unfortunately, it’s obvious that neither of you have a clue what it’s like to be stuck inside of a COVID ravaged prison with no idea what we are facing when we get out. Why can’t you people tell us in Simple English, what will be required in terms of registration and what the rules of supervision will be when we are released? How are we supposed to comply? We don’t even know what they will require. Larry, get on that crap.

Unknown Speaker 10:40
So Well,

Larry 10:42
I mean, it is a valid point, what you don’t know can be very terrifying. And trust me, I do. We do understand that I bet you remember how terrified you were about what you didn’t know. And I made,

Andy 10:56
I wrote some letters myself and couldn’t get anything back. No one would write like, you have no flippin clue of what is going to be tailored to your situation. But you can give we can give people like roughly an idea of it’s not going to be this. But it might be that.

Larry 11:11
So I’ll say that your attorney either didn’t know what you’re facing, or could have deliberately minimized what supervision as a sexual offender would entail. If they actually had told you everything, say they did the right thing, if they actually had told you everything, you might would have had second thoughts about what you wanted to do the plea or not. And then in terms of registration laws, they are really complicated all over the map from from coast to coast, there’s, there’s so many variables. So So we really can’t tell you specifically what you’re going to be facing, we can tell you in generalities, for example, do you go you go to the extreme Louisiana, they require you to pay the cost of knowing everyone within a certain radius of your residence? Right? Well, obviously, if you’re in a population center, if you’re in New Orleans, if you’re in a populated area, the number of people the cost related that notification, it’s going to be more than if you’re live in a rural part of Louisiana. But registration is going to have a lot of similarities, I mean, they’re going to take a lot of basic information, they’re going to give you a list of things that they want from you, they’re going to take fingerprints and photographs, they’re going to take a DNA sample, if they already have it, they may, they may take it again, even if they do have it and they’re gonna, they’re going to give you a list of things you’re forbidden to do. And that list will vary dramatically from jurisdiction, if you live in Vermont, there won’t be nothing on the list. If you live in Louisiana, Mississippi, there’ll be a lot of things on the list. So we couldn’t

Andy 12:42
even like fart in the wind and you’re gonna be in trouble.

Larry 12:45
We couldn’t begin to tell you all the stuff you’re gonna have to face of registration. And then in terms of probation, that can vary dramatically from county to county within the state you you’d been a testament to that you’ve got 159 counties in your in your state. And you know, from your advocacy work, what people endure, depending on what county they’re in, compared to what you endured in the county that you were in. And, and so it’s like, we can tell you that probation generally, is not going to be fun, we can tell you that. And we can tell you that that they will really cut down on you. I mean, harshly. If you do any pushback on anything that they tell you to do. The bottom line is, folks, you’re gonna have to do what they tell you. When I give that answer, people think I’m being Curt, I’m not, when you get a UC your probation officer, they’re going to give you a list of things that you’re going to have to do. And the bottom line is unless you want to be in the place that you were not at issue we’re just released from, you’re going to have to do those things. And the list can be very long, and you won’t like some of the things. But you really don’t have any choice until your peer to supervision. supervision concludes.

Andy 14:05
I will I will tell you that when we did cover that, forget what episode that was like 155. When we discussed this, I did discuss that I have like some sense of you know, quote unquote survivor’s guilt that you will agree with me that I have not had, it wasn’t the worst of probation that you have seen. So I know how bad it is for some people. And I feel like I did dodge a whole ton of bullets. But that said, Here we are trying to help people navigate this whole crazy mess to and try and figure out how to make things better. I feel like somewhat of an obligation that I do have these freedoms and did have these freedoms. I don’t have to really worry about it that much now, but I know that I dodged a lot of bullets. And I told people that from the start. So for someone to reach out and go, Oh, we don’t know what it’s like Bs, we do know what it’s like.

Larry 14:52
Well, and then we get the request for the registration statutes all the time and they can be 30 to 50, maybe sometimes more pages long. And if we, if we could send those, I mean, the expense when you start talking about sitting on a large envelope with 30 to 50 pages that are, when they say what are the, that’s probably the most common letter that we get as well at Marshall. And now letters, we’re gonna come to the podcast, what was plus the registration law in Ohio, where you’re going to get a document, if we were able to send it to, it’s going to be a very thick document, it would cost a tremendous amount of money for printing and postage and time to ship those. Now, as part of our C three status, I’m hoping that we can actually begin to do some of those things, maybe at a very modest token cost. But when you when you ask those questions, the reason why we don’t answer them is because we can’t answer them. It’s too specific to your geographic location, and what the rules are for supervision in that particular county, and what the state requires. And then, like, for example, even in my state, we have, as far as I know, the only prohibition in the nation that says law enforcement cannot collect anything that’s not on the list. And I put that language together. And I hope to pass that language in 2013, to stop law enforcement from inventing requirements. I just received a phone call a week and a half ago, from a person in a county just south of Albuquerque that says he gave me a list of things that that Sheriff is requiring of them to do. So even though it says a sheriff can’t collect any information that’s not in the statute. And we’re the only state in the union that has that. They still do things. So we can’t even just look at the statute and tell you these things, because they invent things that are not in the statute.

Andy 16:45
I gotcha. I would also like to point out that what you just described, though, is that the language exists, because who put it there? Me? Okay, just checking. I hear people pushback about, well, what are we going to be able to, like, we can’t vote, we can’t do this, we need money to do these things. And, and we’re going to talk about this coming up later in the show. But you have a unique set of skills. And I like to use that a lot. Because there was a quote in a movie of from Liam Neeson in the movie taken where the guy calls the kidnappers and says, I have a unique set of skills. And I, I consider this to be you. But you are the one that does a lot of this work. And it is doable without a lot of money. And it is doable without a lot of support from other people, it can be somewhat of a solo job that you can go make a lot of change. If we would just get people that would go visit our legislators and visit and build relationships and whatnot,

Larry 17:39
build relationships and have credibility. The relationships don’t come easily. And you have to establish yourself with credibility. And most of our people go in with a chip on their shoulders, and justifiably so in many cases, but they go in with this holier than thou, you ought to understand this, you put me in this little Yep, that’s what they do. And and everybody knows that I’m getting screwed. And honestly, everybody doesn’t know that you’re getting screwed. A whole lot of people serve in these chambers have no idea what registration is like, they have no idea what you’re going through, they have no idea that you can’t go to your schools with your children. They it’s never occurred to them. They they’ve never been told all day, all they know is that there’s a registry as far as I know, you have to go to law enforcement, put your name on it, they don’t know what it entails.

Andy 18:32
Alright, and then we will move over. We’re gonna say, there, somebody wrote in and talked about moving to the United Kingdom, and he wants to know, stuff that we can’t really talk about. Can you fill in those gaps there, please?

Larry 18:44
Sure there’s a there’s a we have a regular listener on the podcast that joins us in. And I don’t think he’s here tonight to say but we have a regular who, who is he just showed a dual citizen. And we’re gonna bat this around after the podcast and see if he can offer some insight and we’ll probably come back to it depending on what he says. In the next episode. We’ve got too many things planned tonight. But we wanted the writer to know that we did receive the letter and we’re going to try to give him an answer to part of the question. We’re not in the citizenship renunciation business. So we will not be addressing that part of the question, but we will we will address the rest of the question.

Andy 19:26
Okay. All right. Then we are going to bring on our guest and we are going to Risa. Teresa Roberson is a licensed psychotherapist in the private practice area. She has been involved in advocating for rational sexual offense law since 2016 and is active at both national and state levels. She’s a founding member of the parcel which is Pennsylvania RSL and she serves as the executive director of that organization. Teresa is passionate about working towards solutions that both prevent sexual abuse, abuse and honor honors the inherent worth of dignity. of all human beings. Teresa, Teresa. Teresa, thank you so much for joining us. Welcome. Andy.

Unknown Speaker 20:07
Good to be here.

Andy 20:10
Thank you very much for coming on short notice. Yeah, Larry had set this up.

Larry 20:16
She had ample notice I text her last night at midnight.

Andy 20:20
Oh, good for you.

Unknown Speaker 20:23
I mean, isn’t that a pm?

Larry 20:28
So, we, we had, we had a discussion about treatments on number of episodes back. And a person wanted to know, if, if you don’t admit criminal responsibility, if you don’t, if you don’t tell them what they want to hear, they will terminate you from treatment, and then all these bad things happen. And being that I’m not an expert, I opined that, I think you could possibly do treatment without, you know, without any harm. Because if this stuff doesn’t apply to you, it doesn’t apply to you. But again, I’m no expert. And then we had one of our one of our transcripts, subscribers wrote in this in Fort Leavenworth, in a male, a military facility, there’s two over there, but he wrote in and said that they actually had created a program for those who, who maintain their innocence. And, and he felt that the program was okay, because of what it focused on it. And to that subscriber, I don’t have your letter to read, we filed by last name, and it got lost in all the files, it’s in the computer, but I don’t know which one which one it is. But he he he said that, that there was it did address thinking errors, and that he thought that that type of treatment program was okay. So once he listens and reads the transcript of this episode, he can write back in again and tell us where we’re right where we’re wrong. But that’s that’s the setup for it and entry. So I didn’t send you any questions in advance. But with a limited scope of what we’re going to talk about, you know, you know, where we’re going with this is about treatment, and what harm can be done if the person is forced to participate, and they and they have have no sexual offense attending, or the type of offending that they did, is not representative is not that they’re not doing treatment, that’s the proper for that type of an offense. So go ahead and do it.

Andy 22:30
I can agree with with that side of that, though, Teresa, that if because I think treatments come in kind of probably more than two flavors, but two flavors were one is a hatchet job. And another one is someone that actually cares about the treatment process. So I think the one that we are mostly concerned with is one that’s like a hatchet job where they’re just trying to like shame and blame you about all kinds of things.

Unknown Speaker 22:50
Yeah, and I think, you know, yeah, there’s more than two flavors. And I think it’s, but I think it’s important to mention that it’s, it is not a black or white thing, there’s a continuum in terms of care. from, from really gold standard stuff, that, that works and helps people to, to, to live lives that are meaningful and purposeful, and to move on from any mistakes they’ve made. And then there’s this one size fits all, um, and different. And there are approaches that that that clearly don’t work, the research indicates they don’t, you know, one of the first things first, first approaches that kind of in this area of specific treatment was relapse prevention, which was taken from the addictions, community and it, it’s pretty much been demonstrated to be ineffective. And, and unfortunately, there’s still plenty of that around so so it’s really, I mean, there’s lots of good treatment out there. And there’s lots of not good treatment out there. And there are lots of good therapists and they’re not good therapists in any area, including Reisman. And we all probably have heard either experienced personally or heard horror stories about people who are in mandated treatment, who don’t belong there. Maybe they did commit a crime and the nonetheless, their risk is so low, that to be in a one size fits all treatment group and be be subjected to, to these weekly meetings, for the duration, often for the duration of their probation, as opposed to and these are the, you know, the these are the programs of the treatment, if you will, on the one end of the spectrum where things have gone really wrong. You know, there are folks sitting in these groups that’s costing them money, their risk is no higher than anyone who you know, we’re looking at Hanson’s research, right? And we know that that there’s there’s plenty of Folks who leave prison, and we know that at with, with minimal risk, and even after they’re out for a year to continue to decrease, and rather than people being able to finish up with treated the program, they finish up with treatment, they magically successfully complete treatment, when their probation ends the day their probation ends. And, you know, ethic was no, you know, not the, the American counseling Association code of ethics, not the American Psychological Association, code of ethics, there’s no code of ethics for therapists, that doesn’t, doesn’t clearly state that providing services providing therapy, after the saturation point, when there is no benefit to be received is unethical. So that’s only one of many things that can go awry. You know, and Larry mentioned, this, you know, originally this, oh, my screen went blank, but I’m still here. Okay. Larry mentioned, the, you know, the case when someone basically maintains their innocence, and they’re in one of these programs that kind of requires folks to, to, to fess up, so to speak. And they’re not, they’re not getting there. And that’s, that’s really interesting. You know, number one, a certain percentage of those folks actually probably are innocent. Right? And then, and then there are others who, who are in maybe a state of denial. And, and that’s and that there’s research in terms of so you probably have heard of the good lives model? Is that familiar to you?

Andy 26:56
I think I can figure out what it means. Can you describe

Unknown Speaker 26:59
that real quick, it’s, it’s kind of a framework for that you can provide therapy within and it focuses on what’s really important, it’s related to desistance, from criminal behavior, is that people are, are getting treatment that actually helps them acquire all of the 11 primary goods that all human needs. And those are life, knowledge, play work, agency, inner peace, relatedness, community, spirituality, pleasure and creativity. So, so that’s, those are all things that should be dealt with, you know, to the extent that the person who’s in therapy would like to address them. And

Andy 27:47
so, on that list, what’s funny, to me is a lot of the things that the registry keeps you from about half of those things of having anything,

Unknown Speaker 27:53
and when and we know that in order for people to live like meaningful, purposeful lives, and you know, they need to be able to access these things humans all humans do. Right. So if we really want people to desist from offending, whether it’s sexual offending or any other offending, we want to be providing services that help them to, to achieve their full potential, if you will. And that full potential is pretty much driven by what matters to them, you know, what makes their life worth living, not what I think should make them like living. And you know, in a lot of the treatment programs on that end of the spectrum, where things go so awry, and it is harmful to you, they have one treatment goal, and that treatment goal is prevention. Nothing else. So of those 11 primary goods, there’s nothing, you know, it’s it’s all about prevention.

Andy 28:50
Let me ask you this question. There were things so there were two different treatments, there was one while I was still inside, and then I had to go through the one for a little while outside, and I don’t remember which one it was. But there were things that I learned that people may do with each other, that I’ve never considered that people do. And, like, I didn’t want those images in my head, like, hey, if that’s your jam, like, man, knock yourself on that jam. But yeah, it wasn’t my issue. So and I wasn’t in any sort of treatment that was like any, like, gay bashing, like there was none of that there was no a testament to faith. There was none of that. It was like, but I was like, I don’t know that.

Unknown Speaker 29:27
Yeah. And, and that’s one of the big four, that’s the one size fits all thing when there are there are people very low risk, probably one time offenders. When we know most people are one time offenders and and that and these and a lot of them are pretty young, and they’re sitting and they’re listening to this stuff over and over and over again, and not helpful or

Unknown Speaker 29:55
not helpful at all.

Unknown Speaker 29:56
What do we do?

Andy 29:59
This stuff is this stuff as mandated at a, at a, like a legal level and at the policy people that are writing the policy, they don’t know what best practices are, what the evidence shows, they’re just appeasing the constituency.

Unknown Speaker 30:12
Yeah. And and I will say that there are people in this field, I am not I am a psychotherapist and I do not do this work for a number of reasons. And, and I am a member of that. So, because I do do work with non offending minor attracted persons. And I also do have done research in terms of looking at we’ve talked about this in the past, compassion, focus therapy for people who have sexually offended but not people who are mandated to treatment, I don’t do that. And for my own reasons, nonetheless,

Andy 30:50
there, I’m going to ask you about that one in a second. But

Unknown Speaker 30:52
nonetheless, there are a lot of phenomenal people out there who do do that kind of work, and, and are and they’re actually, they care deeply for their clients. And they do work towards advocacy to try and get this change to try and promote. Joel Levinson, for instance, is really focused on trauma informed care, which has been woefully absent among this population almost since the beginning, if not from the beginning. There’s there’s other there are treatment providers and and groups of different groups in different states, as well as nationally, including AXA, that are advocating and really try to move the needle towards practices that are increasingly more effective and, and more holistic in terms of help really, truly helping helping the person not only prevent recidivism, should that be a risk, but also to be to become become the people that they can be right.

Andy 32:07
Larry, you have a question

Larry 32:08
I got, I got two questions, I might have set up two scenarios, but just bring it back to the point of what we’re going to go to about the harm. So I’m going to set up Scenario number one, a 24 year old, and we won’t even do gender has a consensual relationship with a with a 17 year old. And whether whether they’re same gender or a different gender, I’m not going to go there, but it was totally consensual. And the only thing was they were brought into the law enforcement community by the fact that that state has an age of consent of 18. What that person, if it happened in this day, they’re going to have to get treatment, what harm comes to them for getting treatment there one Error Error they made was a thinking error that they did not, they did not the 24 year old did not take the time to realize that that they couldn’t have that relationship, even though it’s consensual, as much as they love each other. So you did was thinking or what what other harm could come from from from the treatment modalities are likely to put that person in so that they can milk them dry for for the five years that are supervision?

Unknown Speaker 33:14
Well, one of them is the is what Andy just mentioned. Right? So you’ve got this 24 year old, who is, is sitting in a room full of I don’t know, 810 1212 probably other males. And, and, and if there’s likely that everyone in that group is not in his situation, that there are have probably been some, and they’re going to start repeating their, their abuse histories. And, and that person is going to be exposed to that. I mean, Andy sitting here saying, you know, they can see I don’t want these images in my head. And I don’t want to know what images Andy does have in his head. Either. And that’s, that’s not helpful at all, it’s not helpful. The other thing is if, if this 24 year old is not benefiting from the therapy, now maybe maybe this person is lucky and he ends up in a program that’s halfway decent, they do individualize the treatment, then he may be able to get some benefit from it and that will be great. And but even that would come to a point where it’s not going to be beneficial anymore.

Larry 34:32
Correct. There we go. Anyway, go for it go for the entire time of your probation. Here we go. And that that part, that part really I find objectionable?

Unknown Speaker 34:42
Yep. Oh, absolutely. And, and that doesn’t happen everywhere. But it happens in way too many places across this country. I know it happens here in Pennsylvania. In some instances and in others it doesn’t it depends on the luck of the draw where you live, who happens to To be authorized by the sob to provide that kind of treatment, some have moved forward in a way that’s, that’s reasonable, and that 24 year old might, might luck out and land with one of them and get some individualized treatment. So here, you know, I believe in therapy, I am a therapist, I give it and I also have a therapist, I receive it, you know, so if so if anyone can land with in a decent program, where they’re guided by ethical concerns, and if the treatment is individualized, and it’s Co Op, collaborative, there can be benefit. And if it’s, if it’s not, then there can be real harm.

Larry 35:43
Okay, Scenario number two, got an ugly, ugly divorce. And the the witch, this is not so far fetched, the one partner manages to convince a 13 year old to say he touched me there, or she touched me there, it doesn’t have to be gender specific. And the accused is told that they’re going to go to prison for 50 years, and that they’re going to be convicted based on that minors testimony. And they take a plea, and they get a small amount of incarceration, and then they’re, they’re put in treatment so that they could, and they actually nothing happened, the touching, if it occurred was totally appropriate touching, but they get put in treatment. And if they say, Well, I took the plea, but I really didn’t do anything. But I took to play to save my kids. How does that how does treatment hurt that person?

Unknown Speaker 36:35
Well, again, it’s gonna depend on the provider. And it does run down that continuum. But if we’re talking about the far end of the continuum, where things do not go, well, that person is put in a position where he’s going to have to admit to doing something he didn’t do if he ever wants to move forward, at all. And right, and, you know, I mean, you don’t have to have to be a therapist or have any knowledge of psychology to know that that’s not a healthy thing. For anybody. You know, what’s interesting, too, about this, in terms of maintaining innocence, even folks who, who, who have committed a certain sexual offense, there’s in the distance research, there is, there’s, there’s some evidence to suggest that part of the process of being able to get to the place where you can create develop a new social life, a new identity, a new pro social identity, involves kind of managing the stigma that comes with acting in ways that are harmful to others. And in the case of people who’ve sexually offended, there’s a stigma also with that label of sex offender. So there’s this huge stigma that needs to be managed before the person can kind of move on and, and during that process, there’s a there is there’s a series of denials, like denying responsibility, denying injury denying, denying the victim, condemnation of the condemns, there’s, you know, and that’s part of this process of being able to get to the place where you can, you know, because the stigma is so, it, it, it brings on so much shame, this deep, deep shame that is, can be a mobilizing for humans in our minds, just some times can handle it. And so people will kind of start off in a place where the denial is there for for a reason, and a good reason. But if they’re in a decent treatment program, and they can process and move through, you know, processing past their own past traumas, processing, the shame, and the stigma, getting to all of that they can get to the place where then there’s this, this shift in how they see themselves. Yeah, they start to see themselves, you know, in the context of of those 11 primary human goods, right. So, so the whole thing with denial is important on both sides, not just folks who are denying because they, they, they didn’t do anything, but also folks who are denying the, and have done something, but but there’s a psychological process they have to go through to get through the other side.

Larry 39:36
So I’m pretty sure, I think I understand and, and I think what I’m taking from this tree says that if you’re lucky enough to be in an individualized treatment, you can benefit. If you’re in my state, particularly you’re not gonna get any individualized treatment. And this could be this could be very detrimental.

Unknown Speaker 39:57
Absolutely.

Andy 39:58
It’s kind of like you We were talking about Polly’s last week, it’s kind of a kabuki show that the the treatment provider is just there to shame and blame you and make life hell and essentially almost be a, what would be the word almost like an informant for probation to get you to admit to doing things that you shouldn’t be doing under the auspices of a HIPAA and keeping things private, and this is treatment, so to speak. And then they go report all of that to probation.

Unknown Speaker 40:25
Yep. No. So those are some of the reasons I don’t work.

Andy 40:33
But let me if May I ask you, though, wouldn’t you be one of our advocates of running treatment that is effective? And I don’t want to call you out if you’re not comfortable answering. But it seems like since you know, this, from that side, why don’t you become a treatment provider that does it for our people to benefit them to those that you can touch? I mean, it would only be 10 or 15 people at a time. Because

Unknown Speaker 40:54
if it because in order to treat folks who are mandated and I do treat folks who aren’t mandated and and folks who you know, who are minor attracted, who have not offended, um, but if I was doing mandated treatment, I would be required to do to, to get it on the polygraph wagon to report to peos. That would that those would be requirements. And I’m not so

Andy 41:30
depending on depending on this. So depending on the state, you would have to follow the program, they have set up for how they want to do treatment.

Unknown Speaker 41:38
And yeah, and that’s not something I’m willing to do. But there are people who are advocate people who do this kind of work, who are advocating and do advocate for it for more effective and evidence based treatment that is holistic, that is trauma informed, that does support the good lives model. Actually, there was some research done in North America, they in Canada and the US, they were looking at the extent to which good lives was incorporated in so treatment in in those two countries. And they only found one in the United States where it was where it was being implemented in. In total, the others there was kind of like, you know, there was some, it was good lies model informed, but it wasn’t the whole package. So so we have a lot of work to do.

Andy 42:36
There, is there anything else before we wrap that section up?

Larry 42:39
I think I got what I was looking for. And hopefully this is helpful to those who who are going to be facing this requirement to get treatment and they’re going to pick their treatment provider for you in most instances. And it’s going to be what Teresa said it’s going to be it’s going to be if you’re not on board with what what they want that person that treatment provider will not be on their list.

Andy 43:04
Theresa anything before we go, do you want to leave any sort of contact information for people to reach out to if they have any further questions? Or after No, no

Unknown Speaker 43:12
problem. Um, so yeah, I can be reached at and never know which email to give us. I’ll just do a linear parcel 102 risa@parcel.org. You can reach me there. That should do it. Yeah. Cool. Great. Thanks.

Andy 43:31
Thanks. Should they send you a blank check? So that should so they send a blank check there to get treatment from like, check,

Unknown Speaker 43:38
check. You know what? They can just send me their credit card information and I can stick them into auto pay. How about that?

Andy 43:49
Perfect, excellent. And it was suggested it would be Teresa t h e r e sa p AR s o l.org. O th er e sa Thank you so very much, Teresa. Really, really appreciate you spending money. And we’ll talk to you soon guys.

Unknown Speaker 44:06
All right, bye now.

Unknown Speaker 44:09
Bye Good night.

Andy 44:12
Ready to be a part of registry matters. Get links at registry matters.co. If you need to be discreet about it, contact them by email registry matters cast@gmail.com. You can call or text a ransom message to 74722744771 a support registry matters on a monthly basis. Head to patreon.com slash registry matters. Not ready to become a patron. Give a five star review at Apple podcasts or Stitcher or tell your buddies that your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting. Without you we can’t succeed. You make it possible. Okay, Larry, and we’ll just keep driving this bus won’t be

Larry 45:05
fantastic. We’ve got more territory to cover.

Andy 45:08
We do we do this, we’ll we’ll go over this case that we got with United States versus Ellis. And I think you helped with some questions here again, and this this came out of the Fourth Circuit. And is that the East Coast middle section, like Carolina is that

Larry 45:27
this is this covers North Carolina.

Andy 45:30
Okay, because that’s where this case came from. I was just trying to make sure to remember where else This covers.

Larry 45:34
I do not.

Andy 45:36
Okay, that’s cool. I know. It’s like Middle Eastern Seaboard kind of stuff. Alright. And then why did you put this in here for us to discuss this week?

Larry 45:42
Oh, because it’s important. it reaffirms an existing precedent regarding internet bands and the total prohibition regarding legal pornography, which is a very common, common bad that you can’t look at anything that’s even remotely stimulating.

Andy 45:59
This is my question. So I could get myself put back on probation just because I want to be able to look at porn.

Larry 46:06
Well, I don’t know if you’d want to do that.

Andy 46:10
And we’ve been talking about like God, Larry, I maybe the second or third episode, we talked about internet bands. And we’ve had packing him I remember a case out of West Virginia, we’ve covered a whole bunch of cases. We even talked about one superduper recently, and I can’t I can’t really think of exactly what it was. But why does this keep coming up?

Larry 46:31
Well, I guess, probation authorities are having trouble understanding and comprehending that, that these complete bans are unconstitutional as as we say they can do it until they’re stopped. So Mr. Ellis has temporarily stopped them. And I say temporary only because we don’t we don’t know we don’t know if it’s going to be temporary or not. They may come back and and give him a will. It was a score to it on the on the breakout, but, but he he has temporarily stopped them.

Andy 47:00
And you’re you’re saying that the Fourth Circuit has greenlighted viewing porn.

Larry 47:06
Legal porn, baycare. Careful. Now, we’re not talking about insurance. Okay, but

Andy 47:11
it’s funny to me, Larry, like if we would bring Theresa Beckett in my brain. I don’t even ever think about illegal porn, I just think about like the adults doing naughty things.

Larry 47:22
Yes, their porn, and sexually suggestive stuff is legal in this country, there are fewer and fewer print publications. But what has gone the way of the dinosaur the print publications has been replaced by a plethora of adult sites that you can go to where theoretically, everything you’re watching is adult oriented. And so the Fourth Circuit has, in fact, greenlighted the viewing of adult porn. Unless there is an individualized finding, which is what I keep saying on this podcast, probation, authorities Listen carefully. You have broad powers to do things. If you individually tailor them to that offender. You can do almost anything, almost. But it has to be tailored to that offender. And you can’t help yourself for some reason you want to put these conditions on everyone.

Andy 48:18
It just, it would be easier to go, Okay, let’s just throw out the dragnet. And you know, like there’s this stupid condition in Georgia that you can’t drive alone. I know that’s not related to this. But I’m just saying like that is just a blanket restriction. I suppose. If you were one that has picked up people like hitchhikers and done your deeds, then it would be appropriate to say that you can’t drive alone because you can’t help yourself as you would say, of doing things with people while you’re being unsupervised in a car. But if your crime did not involve adult oriented, suggestive material, the penthouses and the playboys, then, like I don’t know, it comes back to like a prudish kind of societal idea that internet porn is bad?

Larry 49:03
Well, they have the Fourth Circuit affirmed that such bans can be imposed with individualized reasons articulated probation authorities, I mean, you’re you’re hitchhiking would be a great example. And the behavioral contract in New Mexico, it says, one of the terms of the mini plethora that are in that behavioral contract that says you will not pick up a hitchhiker. And in here, that has nothing to do with anything other than they thought it up, because maybe somewhere deep in the bowels of the of the of the archives of the of the corrections department. They have someone who committed a sexual offense after having picked up a hitchhiker. But that was one anomaly. And yeah, you would be able to comfortably impose that condition if it was related to the offense and it doesn’t even have to be directly related but tangentially related to the, to the uniqueness. But you just can’t help yourself, you go out and you find something that happened once we call the saber tooth tiger. And then you put that condition on everyone. And it’s going to keep tripping you up over and over again. Because there are going to be more and more cases filed each time we build this body of case law, this is a reiteration of the body of case law that’s out there. And more and more people are gonna find out that you can’t do this. And you’re gonna have more and more of these to defend that I realized you get to do it freely, because you have unlimited resources, and the offender does it and you have the upper hand, but you’re eventually going to be stopped. Because you can’t just make the rules apply to everybody. The courts are telling you that over and over again.

Andy 50:48
Does this mean that we can run to our handlers and tell them I’m going to look at porn all I want fyp?

Larry 50:55
I don’t think I would do that. Oh, it certainly doesn’t mean that. What it does mean specifically is that Mr. Ellis, who was the litigant here can view adult porn until such time as the government puts on evidence that such viewing is detrimental to him to his rehabilitation. And it was noted that the district court and but this is the appellate court, speaking, that the district court heard no evidence about how that pornography is may, may or may not influence Ellison’s behavior. In fact, the court stated that the government only presented that the pornography ban was necessary to avoid, quote, occasions of sin, such that lls would not put be put in a position to be tempted to violate the conditions of his release. That’s all a bunch of hypothetical gobbledygook. Folks. While that reason may seem seem intuitive, or common sense to solve, it must be supported by evidence, according to the United States Code, and it cites a section that has to be reasonably related. So you’re going to have to get over this thing of hypotheticals, and you’re going to have to put on evidence to justify these bands. I mean, this is what you’re going to have to do if you want these. And their fear is that the cameras are going to come rolling in on them. And that they’re going to be asked because someone is going to do something that makes the news. And they they’re going to be asked how was this person allowed to have this access? And they would rather be in that in that position where they granted access, they would rather have you fight your way to get that access, rather than him making a case by case decision. That’s just the way they think.

Andy 52:40
And then there’s anything else before we move on to the kind of not quite the feature, but the final segment that we wanted to go over anything else you want to cover on this?

Larry 52:49
Oh, there it is they that I really liked some of the some of the dicta in this case, and I’m going to quote this, as the court stated, quote, as a practical matter, the internet is likely to be vital to elesis reenter society, including for securing housing and employment. Ellis told the district court that he relies on an internet based apps on his smartphone to look for jobs that commute to work. And that’s really, that’s really significant here, that the court is saying that the internet is integral to his to his rehabilitation. And in fact, they, they they they they conclude they conclude by saying at the end that that that in fact, that does while the district court was concerned about Ellis assuring Ellison street but in a bad baby as likely to hinder Mr. Ellis progress as to help it That’s powerful.

Andy 53:45
That is kind of cool. I think about when you move you get into a city that does have public transportation that you can just punch in like I’m here and I need to go there and it will tell you the bus routes. Yes, you could figure these things out. They’ve had bus maps and you know time cards and all that stuff. But like that puts you at a disadvantage for someone that has an app on their phone that can can just alleviate that level of consternation of figuring out what time you need to be and what bus stop and how long it’ll take you to get there. The boss tells you to be to work by seven o’clock and you need to know that you need to get on the bus at 5am it would just alleviate an angle that of you trying to figure all these things out. It puts you at a disadvantage to other people

Larry 54:24
will absolutely and and a lot of those methods have gone bust or going by or have gone by the wayside or used to save racks and racks of paper bus maps. I don’t see them in my city anymore. You used to used to get an old fashioned phone that you could call the bus information number where the head operator standing by to give you that information. I’m not sure that those operate anymore that because everybody’s using their phones. I mean I use one today I used an app to pick up my groceries. Yeah it was a they they notify you that that your orders ready and they have a they have a button. You can Press to say I’m in route. And then when you arrive, rather than having to call inside and see if someone can answer the old fashioned phone, you just press on here, what slot number you’re in, and all of a sudden a materialized with your grocery order.

Andy 55:14
Yes, a human magically appears. I mean, I’m with you. And so fewer and fewer things would then become off limits places, like we were just talking about the porn thing. I like, like the rest of the internet, like the internet is not just bad. It’s not like dropping your kid off in the red light districts and saying, hey, hey, have fun kids. There’s like an actual like, useful tool. There’s bad stuff in the library, if you go and look for it. But like the whole library, it’s not bad.

Larry 55:43
Absolutely. This, this, this case, again, as United States vs. lls from the Fourth Circuit, we neglected to name one of the cases we talked about last week. But believe it or not, I took it upon myself to mail a follow up to all the all the subscribers to the transcripts. And I sent him my analysis and the name of the case. Oh, so so we have communicated with the subscribers about what we omitted last week.

Andy 56:15
Very good. Thank you, sir. I appreciate it. And let’s see here. Oh, this is this is something that I asked you. Moving on. I asked you if you thought so I guess to set it up. The the states are moving into their legislative sessions this month. And I was interested in trying to provide like a little bit of a drip method of doing policy analysis, we know these bills are going to be coming around in all 57 states and looking for the ones that may impact us. And not just going no new PFR laws. But which piece and how do we look at these things to try and get on board with legislators and talk to them in a way that would resonate with them? Whether that be from a finance side? Or what? So take it away, sir, do you expect that they can run to Oh, can most fires run to their state capitals and convince lawmakers to do what we want them to do?

Larry 57:10
Well, you can certainly in a non COVID environment, you could go to your Capitol, unless you live in Raleigh, or if you’re going to go to the Capitol in Raleigh, which I think is 1000 feet of probate zones. But in theory, you could go to your capital, our our session here in New Mexico, we’ll be meeting without public participation. But there are a number of ways you can communicate with your with your lawmakers. But I don’t expect it would be easy. If you have no experience, I think you’ve got a little bit of homework to do, you got to familiarize yourself with the process. And you got to figure out to whom you should direct communication, because it’s easy just to start calling your lawmaker, and he or she may not be in a position to do anything for you on a particular bill. Depending on where it’s positioned at the time, from from, it may not be at that they can help you it may not be on the floor. And so we can go into all these processes about who you would call it’s it’s key that you figure out who to communicate with.

Andy 58:19
All right, and that would be how do you figure that out?

Larry 58:23
Well, to begin with, you’ve got to figure out how your legislature works. And we make the joke about you got to figure out where the door is. So you can actually go visit. But you’ve got to figure out how legislation moves. And and most of them are going to go through a committee process of subtype that very few things just go straight to the floor for a vote. So you got to figure out that movement from introduction to where it’s going to go. And those are the key people that end the process. You’ve got to familiarize herself and know how it works. You’re going to be a lot more successful on the baseball field if you understand the rules of the game.

Andy 59:03
That’s that’s poppycock. I’m not saying that we should go visit we should go visit our legislators websites. So I’ve looked at the Georgia one and it’s set up by like committees. What like can you give me the quick version of what a committee is?

Larry 59:20
Well, the the committees are how most most legislators work to vent proposals. When you have hundreds and hundreds of proposals that are introduced in each session. You could not take all of those to the full body cells, the legislators break up into committees and your your, your particular legislation at for example, in Georgia, if it were a house bill in Georgia, they’re going to if it deals with registration, they’re going to assign it to the House Judiciary Committee, non civil for example now, since registration as a civil regulatory scheme, they start out by putting it in the wrong committee.

Andy 1:00:04
I was just gonna ask you that question, okay.

Larry 1:00:08
But nobody’s included. Nobody’s ever bothered to make this. Nobody’s ever bothered to make that argument. Now I’ve raised it to a George advocate, I say the first thing you need to do is go talk to the chair of the legislative civil committee, and say, this actually should be assigned to you, Madam Chairman, or, Mr. Chairman, because this is a civil regulatory scheme. This doesn’t belong in the non civil stuff, they deal with criminal laws over there. And this is a civil regulatory scheme. Not to say you get any different outcome. But that’s, that’s one thing that you would want to do is to the speaker, and the leadership, if it’s the house, Bill’s gonna determine what committee it goes to, and, and my, my state, you’re going to get to committee assignments, if it’s a house bill, you’re gonna get two House committees. If it says that senate bill, you’re going to get two senate Senate Committees apply

Andy 1:00:59
in one, okay, run it across to?

Larry 1:01:02
Well, in theory, it gives it gives more perspective. So House Bill here is going to get like this House Bill 56 that we’ve already identified as in pre file that deals with sex offender registration, is going to be assigned to the house, consumer and Public Affairs Committee. And it’s going to be assigned to the House Judiciary Committee, we already know that because that’s their practice. And if, if it’s detected upon the the legislative analysis, analysis, that there’s their fiscal impact, it could also be assigned to the house appropriation and finance committee. So it conceivably could have three committee assignments, which makes it very difficult to move a piece of legislation, but you’ve got that many committees to go through, because you have to go through each one and get a new passcode and report that out to the floor and go back to the next committee. And then you got to go back out of the floor that you got back to the next committee. And it can be a death sentence, if something gets like three committee assignments. But we do that here for due diligence.

Andy 1:02:03
So we would we would want things to have more committees to try and come up the rails to keep things from going through.

Larry 1:02:10
Well, as I tell people, you’re primarily going to be in the killing business. There are very few of bills that you’re going to be in favor of that deal with registrants. So therefore, you’re mostly going to be in the killing business. And I think any advocate can can affirm that. So therefore, anything that you can do that will help you and your goal to kill bad legislation, that’s a plus for you, no matter what, and anything lawful, of course,

Andy 1:02:39
well, let’s say it clears all the committee hurdles, what happens next?

Larry 1:02:44
Well, if it’s if it’s if it’s cleared its committee, then it’s going to go to a committee assignments, it’s going to go the floor for a vote. And once it does that, it’s very, very rare that anything doesn’t pass on a floor vote because it’s got the endorsement and the vetting. And people have these delusions that somehow it’s gonna fail them for vote, it happens if something just barely squeaked through the committee process, and it was a highly divided, and it’s a very emotionally driven. Bill, you can sometimes I’ll give you an example, in the last long session we had two years ago, there was a proposal to repeal a 1969 law that bans abortions in this state now that has not been able to be enforced since 1973. Because the Supreme Court decided that at least in the first trimester, that abortions are a right of a woman to choose. Well, there’s fear that that might no longer be the case. If If Roe vs. Wade is overturned, so they were repealing that, that thing that would allow for prosecution that did not make it through, although it did make it through the committee’s but it got to the floor, and they just there was enough opposition that materialized and it failed. On the state of Florida, some of those senators have now been defeated, and will not be back. And that bill is actually generating a lot of attention this year. I can’t delete the emails as fast as they come in. I mean, they actually are able to generate email faster than you can hit Delete. So what we have to do in a case like this, we have to, we have to direct them to a special box that you’re not going to read because you could not begin to read all the emails that come in on something controversial, but my point is that sometimes something is voted down on the floor, but it’s very seldom. If you let it get out of committee, and you let it get to the floor. It’s going to be approved.

Andy 1:04:39
And after it goes through that side, it jumps across the street and goes over to the Senate side if they have is that called by kimbrel Is that the right word?

Larry 1:04:48
Yes, if if if you have a by Campbell and only Nebraska has a unicameral but just saying bill has to pass both sides. And therefore, we try not to have the same bill introduced, Maryland and some of the states, they just pride themselves and they, they they dual file, the identical bill and both sides. So that makes you rather than having 900 bills that makes you have 1800 bills.

Andy 1:05:19
That’s gonna make it easier.

Larry 1:05:20
How does it do that?

Andy 1:05:23
being silly.

Larry 1:05:24
So you have so so so we don’t we discourage that. It’s the rare lawmaker will, will will, will seek out that but but it rarely happens here. So if it’s a house bill, once it once it completes that journey in the house, and it’s been it’s been approved by the house, it would cross the rotunda. And it would be introduced as a bill in the Senate. It’ll keep this house bill number, but it will be introduced. And it will be after it’s read twice by title, it will be referred to committees of the Senate, and it will start the same journey all over again.

Andy 1:05:59
But if it makes it there, then that almost like if the house pass it or the Senate passed it, then once it goes to the other side? It certainly should pass. Right?

Larry 1:06:09
Absolutely. Not very independent. They’re independent of one another. They have they have different political considerations. I think a good example, all you have to do is take a look at the recent stimulus bill that passed the US Congress, the the president upon it being presented to him with a $600 payment, said he would prefer a $2,000 payment. The house immediately passed a legislation to provide a $2,000 payment. It goes over the other side of the rotunda. And they can’t even have a vote. And it passed the house I think almost unanimously, but it couldn’t even get a vote on the other side. Because they had different considerations. So it just because it passes one side of the rotunda does not mean it’s gonna pass the other side. The house typically they say serve shorter terms of office, like in US House, it’s two years versus six years for the Senate. In our state is two years versus versus four years. Theoretically, that makes you closer to the people and you’re more susceptible to the whims of the people. The deliberative body a huge, huge, usually the senate because they have greater distance between having to face the wrath of the angry mob. So they can be more statesman. That’s the theory of the longer term the Senate in fact, the US Senate was originally not elected by the people that were elected by the state legislature. So yeah, but but that is that is the purpose of the senate you have a more deliberative, you don’t have we don’t have just a website, what what do people want right now, because what they want right now may not be the best public policy.

Andy 1:07:53
I’m looking at the clock lay. And I really want to dig into this. But we’ve already we’re coming up on where we have to break, can we can we dig into what will happen now that we’ve done this little brief introduction to how government works, can we come back and look at House Bill 56 next week, and dig into like the strategy of how you’re going to attack it to try and keep it from passing.

Larry 1:08:16
So we can do that. I don’t know how much strategy I can get into. But we can certainly go through what the bill would do if it were able to be passed away. It’s currently written at least a part related to sex offender registration, there are other parts of the bill, it’s 30 pages, but we can go into that. And I will give you a couple of things that I will that I will throw out as arguments that i would i would be using. And yeah, I’d like to do that. Because it may be helped some other advocates to figure out, sometimes you can come up with arguments, if you’re creative that you haven’t thought of they’ll resonate with the people, you don’t think that you can that you can swipe.

Andy 1:08:52
And you’re saying that from the point of view that you may be on Team Blue, and you have arguments that would resonate with Team Red. And so you could then have Team Red people in your camp that would help you kill something even though you’re on an opposing side.

Larry 1:09:04
Absolutely. And now sometimes the teams fair magically do a contortion. And they, they they even though even though they claim they believe something, when it comes to a controversial issue like this, they magically don’t believe that. But you can, you can at least remind them of their core beliefs, and sometimes they will stick with them. And so that’s that’s the type of thing we can get into next week. When we look at House Bill 56.

Andy 1:09:30
ru v. Then let’s cover because we only have just a handful of minutes left. So we will run through these things really quickly. This first article comes from the Los Angeles Daily News a second look at unjust prison terms. You put this in here for some reason, and I’m going to let you drive the bus on that reason.

Larry 1:09:48
Well, I think I think I’m just letting people know that their their enlightenment is beginning to happen. That extremely long prison sentences. All they do is cost A bunch of money in terms of incarceration, in terms of lost productivity, lost human capital. And if that is beginning to be recognized, the political discourse is beginning to take place. And it’s going to take some time to dismantle this prison industrial complex we have, but at least the discussions are beginning to happen. So that’s why I put it in there.

Andy 1:10:22
Cool. I like that one. And sort of semi similar it says Kansas inmates will get the COVID-19 vaccine before most of the public. And here’s why. And I know the reason why is going to be because you have people that are in close proximity to each other, and then they’re just going to keep passing the human malware around to each other. Seems like it would be a wise place to not not maybe not the first round of people that get it but early rounds of people that would get vaccinated would be people in prison, because they can’t do anything to separate themselves.

Larry 1:10:54
Well, I put that in there, because our Corrections Department announced that they’re going to begin vaccinations and but the conservatives have just gone bonkers here on kk ob radio, trying to stir up anger about the prisoners being put ahead of older people. And the prisoners don’t have a lot of options to do much. And in terms of social distancing, and terms of PPP, all that they’re at the mercy of I mean, the there’s very little control you have over your life. And yes, do you put yourself and that’s what the conservatives will say. But they did not. They were not set us to death. They were set us to confinement. Right.

Andy 1:11:39
Right. And and I remember I went to the legislative like they were doing crossover day in the state. And they were trying to help out another organization and talking about like food stamps or SNAP benefits, I think is what it was. And the legislators said, Well, what do you do with a person that hasn’t committed a crime? And you want to prioritize a person who has committed a crime over someone that hasn’t to getting these benefits? What’s like, now this person is being benefited from it, like there should be different, there should be some sort of a what’s the word I’m looking for, you know, punishment. And I don’t want to say it that word, there’s a different word I’m looking for, that they should have a penalty for being in prison. It’s like, well, they’re still human. Right. But I don’t I don’t think that that resonated very well.

Larry 1:12:25
Well, I don’t understand because you’re not penalizing anybody for or you’re supposed to take applications, as they call them. If they’re eligible, they’re eligible. Yeah.

Andy 1:12:36
This was to change. This was to change the law, though, in many SNAP benefits, or other kinds of public service kind of things like that are reduced when people have convictions.

Larry 1:12:45
Right. And I’m saying, though, but but the federal government is the provider of those benefits. So if if the state doesn’t make a prohibition, if the federal government doesn’t have a prohibition, you’re not denying, you’re not giving anybody preferential treatment, you just take the applications as they come. I wouldn’t, I wouldn’t know how you could even begin to tell a person, you’ve made a mistake in your life 12 years ago, we will let you start because of that mistake. You need to take a good look at yourself. If you think that And you call yourself a thing of any type of religious. I don’t want to use the name a religion. But if you affirm that you believe in any religious doctrine, I would challenge you to tell me which one justifies letting someone starve because of mistake they made. I’d like to have that on the podcast in a future episode.

Andy 1:13:33
And you’re getting feisty. I like when Larry gets feisty.

Larry 1:13:36
Well, well, these people, these people just can’t justify that. You would never let a person you wouldn’t let a dog do that. If you went out on the street and found a dog starving, but yet you’ll tell a person you can’t have food because of a mistake you made what kind of human being would do that.

Andy 1:13:55
Somebody wants me to get you to say a word but I’m going to refrain for the time being. Let’s move over to this article from WGX. A this comes out of Georgia says Perry man goes to prison for failing to report cruise ship trip registered sex offender he’s one of our people is a PFR Larry, apparently he took a trip to Cozumel on a Carnival Cruise. And when he gets back to customs, the Border Protection was there waiting for him and they placed this man under arrest. The marshals was prioritizing they are prioritizing investigations for pfrs, who traveled between states that was really like my question that I wanted to ask you about. I understand the international part, but I didn’t realize that they were doing anything with people that travel that just move about between states.

Larry 1:14:40
But I’ll take you traveled to things that cruise went to Mexico the way I read the article.

Andy 1:14:44
Yeah, but it’s but it’s also says that last paragraph, the United States Marshal service has prioritized investigations of pfrs who traveled between states or injured.

Larry 1:14:53
Yes, yes. Well, that’s, that’s one of the components. That’s one of the biggest reasons for The Adam Walsh Act to begin with, as that pfrs moved from state to state, and they didn’t register in the state they moved from had no incentive to go track them down because you were happy that they left and the state that they moved to. Well, that’s what they mean by trap. They don’t mean they would,

Andy 1:15:21
you know, to be more specific with words travel is different than they have changed residents.

Larry 1:15:26
Well, but the but the way the statute is written and the the Adam Walsh Act, the the sex offender who travels in interstate commerce. And so if you move from one state to the other, that is considered travel. And if you look at one side to the other, the state that you move from now is obligated to notify you if you disappear, adult adult stay pre, pre at abolish, if you disappeared, the court uncork the champagne, and they said, Good riddance. As long as their investigation revealed you had left the territory, they were happy. But now they’re obligated to tell the feds who are not so happy and they go track you down. And they put you in federal prison, because you did not comply with registration in a new state.

Andy 1:16:15
And so they were waiting there for this man who failed to report that he was on a cruise ship and they arrested him and he is doing 20 month and then five years of supervised release. Is that federal then or is that still like a level set of federal federal aid, he’s

Larry 1:16:31
going to be at a federal prison, he’s going to have five years of supervision under the federal probation service. And he probably happened was that the passenger manifest was was given to the marshals, maybe even before the cruise left, but by the time they got to it, and figured out that he was on it, when he checked when they checked their data. That’s why they were waiting for him when their crews came back. So if he hadn’t been smart, he would have jumped off before he returned to the original port.

Andy 1:17:00
Oh shit. Wow. Or perhaps he didn’t know. But he was convicted in oh four. And I only say that because you know that 16 or 17 years ago is that the person was convicted of the crime. And he is a level two, maybe that helped flag them flag him as some a little bit higher priority. Perhaps. I don’t even want to say that level. The levels actually do mean anything. But that’s not inspiring Larry at all.

Larry 1:17:25
So well. That’s the law. If you if you travel until your until you’re out from under registration, you have this obligation to report.

Andy 1:17:38
And I only put this final article in here just to have like a 32nd conversation with you. It’s ACLU counsel warns of unchecked power of Twitter, Facebook after Trump’s suspension, you and I had a conversation on the phone about them banning Trump from these different social media platforms and how that actually may be something beneficial for us if he decides to go soon. You want to you want to try to rehash that in like, you know, 30 seconds or so?

Larry 1:18:06
Well, I do believe that that that it will cause a discussion. It’s going to that what I was talking about contortionist earlier. Now this will be an example of contortion ism, because all through the intervening 40 years since they’ve since the government has dismantled the Fairness Doctrine, and broadcasting, the conservatives have assured us that you do not need the government to intervene, that if there is a demand for the liberal do gooder point of view, on commercial broadcasting that it will be satisfied by the marketplaces, therefore, but out and let us do what we want to do with our airwaves. They no longer belong to the people. They belong to the broadcasting conglomerates, that’s the conservative viewpoint that magically now they’re going to have to contort themselves into a new a new position. They’re going to have to say, Well, now this is different the internet and these, this, this Twitter thing, and this Facebook thing. This is different. And even though it’s private ownership, there’s a vital public interest served by allowing others but you could go to kk lb radio under that same doctrine and say, I deserve to be heard over your airwaves. The Conservatives would never have had anything to do with that they would have disavowed that the validity of that argument. But now it may allow us to have it as a positive as it may allows us to have a discussion as to what the public actually own. We used to believe that the public owns the airwaves, and that the public had the right to dictate certain requirements to use our air. We abandoned that. Maybe we could have that discussion again. Does the public own Twitter? Does the public have a right to use Twitter? Does the public owns On Facebook, do they have the right T, because you have the right to not have the government interfere with your speech. But you do not have a right to be heard, you cannot demand that anybody who possesses a means of communication to give you access to their try going to a synagogue or to a church and say, I want your microphone because I have a different viewpoint. And I’d like to spread it here in this sanctuary and find out if they turn the microphone over to you.

Andy 1:20:28
I wonder Larry, peak, because the airwaves are such a finite resource. And the internet is effectively an unlimited resource. There’s, there’s no cost of you or me posting onto Twitter, Twitter’s not going to notice it. But if we took up 30 minutes of time on any of these radio stations, well, they can’t use that time for anything else. So it’s a highly restricted space. just wonder if that enters into the conversation into the calculation.

Larry 1:20:53
it very well might like say it, this is going to be fascinating, because the president is not going to go away. And and just go into the sunset and not be heard of he is likely going to challenge this stuff. And we will see how the courts interpret what rights you have. But if you’re if you’re a textualist, it doesn’t give you any rights. Now, we’ll see how magically they flip for being a textualist. It says the Congress shall make no law. That’s what it says, okay, that’s the text. Are you going to evolve it and morph it into something to use Scalia’s terms? That’s not what they said. So are your textual Sandy, are you or do you believe in this evolving standards of decency? notion,

Andy 1:21:40
I’m going to pull the purpose of ism word out about that. We haven’t done that Scully in a long time later, we need to start bringing those clips back because he’s fun.

Larry 1:21:47
So be honest, I bet a lot of people will all of a sudden become evolution, that we have an evolving standards of decency, and I bet they will not be a textualist when it comes to this.

Andy 1:21:59
I like it. Larry, we are like over time, and we’re gonna have too many pages to send the transcripts out. So we got it. We gotta shut it down quick.

Larry 1:22:07
All right. So if you are a if you are a transcript, subscriber, service, your comments and also help us spread the word. And we’ve got the cost down to $6 a month.

Andy 1:22:20
Sweet. Excellent. Yeah. And if you want to sign up to do that, sign up at the $15 month, level over at Patreon, and then we will send a transcript to the place of your choice. And otherwise, you can find us over at registry matters.co. And the phone number is 747-227-4477. Email at registry matters cast@gmail.com and of course, patreon.com slash register matters. It’s the best way to support the podcast, but you can find us over on Twitter, and there is a Facebook page.

Unknown Speaker 1:22:51
Ah.

Andy 1:22:53
And there you’ll find us on YouTube as well. Anything else later before we head out?

Larry 1:22:57
I think I’ve covered it.

Andy 1:23:00
Awesome. I appreciate it. Always. Larry, you’re the best and I will talk to you soon. Have a good night.

Larry 1:23:03
Good night.

Unknown Speaker 1:23:05
You’ve been listening to F YP


Transcript of RM160: Polygraphs: The Truth Behind The Myths

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from fyp Studios, east and west transmitting across the internet. This is Episode 160 of registry matters. Happy Saturday night to you, Larry, how are you?

Larry 00:23
Saturday night?

Andy 00:25
Oh, crap. That’s right. Sunday afternoon. My bad. Sorry, a little bit of a time warp. Yeah, doing that we had to push it back.

Larry 00:34
Well, I serve on the board of directors of narwhal. And we were doing our annual long range five year planning and reviewing budget. And it was a two and a half day. Well, I should say two in a fraction of a day. We did. We did Friday, Saturday and a couple hours today. So I would have had to we would have had to have recorded very late last night if we had chosen that. And then we have a guest who was not available. So we moved it to Sunday.

Andy 01:00
And we still have like 100 people listening to us live and chat.

Larry 01:04
Isn’t that amazing?

Andy 01:06
It’s pretty awesome. Just put out the word and they show up. Do you want to give us a quick little rundown on what’s going on tonight or today? Tonight today?

Larry 01:15
Well, we’re going to take some questions that we received from our listeners, or I don’t know if I should refer to them listeners or readers when they come to us through the print site. But we’ve got some questions. And we’ve got a case from the United States Court of Appeals for the Seventh Circuit dealing with out of state registration in Indiana. And we’ve got the issue of polygraphs that we’ve got a case that we’ve talked about. on previous occasions. I can’t say how many on the podcast out of the 10th circuit, dealing with those who are required to take polygraphs. That’s a part of monitoring of probation and parole and supervised release. And we have the actual litigant and that case, Brian bond bearing with us as a guest

Andy 02:00
x. Awesome. All right. Well, we will get to Brian in just a minute. And let’s do this this first question, this should be pretty quick. It says to whom it may concern. My name is Patrick. And I was told that you may be able to help me out. I’m a registered PFR in the state of West Virginia. I’m inquiring if you would be able to help me find out what the laws are regarding pfrs. And registration in Ohio, Pennsylvania, and Texas. Also, if you would be able to get the information, what rules pfrs are subjected to while on parole and probation. I have 50 years. That’s a long time of probation in West Virginia to complete and I’m looking to relocate no doubt, I have wrote to the respective states, and I’ve had no luck getting any information. And I have no one to help me get any info. Thank you so very much. So I’m pretty sure I know the answer this one. But what do you think the answer is there?

Larry 02:56
Well, first of all, we appreciate the question, it got delayed to us because it was sent to our address in Raleigh. And all that does is it keeps mail from being processed. So if you’re going to write an article, please write to the operations office in Albuquerque, and we’ll get to it a lot faster. But having said that, I’m actually going to answer this, I think we’re going to have space in the next issue of the newsletter, but I thought I would get started on the podcast. There’s so many things in here that are relevant to everyone. And your he’s wanting to move out of state so clearly, but he says he has 50 years, that means he would like to transfer his supervision. And since that’s a state conviction, and not federal, he’s going to have to go through the interstate compact for adult offender supervision. And he’s been writing to states but as we’ve said on previous episodes, which he wouldn’t have access to necessarily, they do not want you to come that is why they have not answered you. They do not want other offenders that are forced to register to come to their states to be supervised because in their calculation, that increases the opportunity for recidivism, and they have to explain why it happened on their watch. And they would rather it happen on West Virginia, watch that on their watch. So therefore, you’re not gonna get a whole lot of interest in helping you find out how to navigate the process. But I’ll help you. Your your conditions that were imposed in West Virginia, they will follow you. You will not escape the 50 years of supervision nor will you escape any single condition that they imposed. In West Virginia. If the court said gave you a list of things which they generally do at the time they imposed the probation and they work those will follow you. The state that you move to will be bound to impose all of those conditions. I monitor them for compliance they report to West Virginia if you do not comply. So you You will gain no advantage by moving. Now, having said that, if there is something in the state of West Virginia, that has been ruled unconstitutional in the state, you’re going to, they will tell West Virginia that they cannot enforce that. But that’s, that’s going to be a long shot, you know, they will not, they will not attempt to address the 50 years. That’s not, that’s not anything they’re going to look at. But if there were something that was specified in your conditions of supervision, that have been declared unconstitutional in the state that you’re going to, they would be notified that that particular condition are those conditions are unenforceable here, and that West Virginia would have the opportunity to remove them, or they would deny your movement to another state. In terms of the question about, can we give you registration information about Ohio, Pennsylvania, Texas, it’s not really feasible to do that. Because a it changes every year. It’s so depending on when you’re getting out, there could be significant changes by judicial decision or by legislative enactments in those states, so that would be one thing. And then he wants to know about conditions of parole and probation, your West Virginia conditions are going with you. And you might pick up additional conditions in the state because they’re allowed to impose conditions on you that are consistent with how they supervise pfrs in that state. So do they could conceivably add additional requirements upon you and you’re obligated to follow those.

Andy 06:32
So by moving while you’re still under supervision, you end up with the worst case scenario of what you had and what you will have. And they’re going to, to some degree combined, and you’re going to end up with worse or

Larry 06:43
it is most likely you’re going to end up with a wicked say up differently, you’re not going to improve your your situation. And you could end up with or if you were to come to my state, I can assure you as bad as the 50 years is, is we don’t have probation terms that long. But as bad as the 50 years is, you could have additional conditions that may have not suppose they don’t have curfew, some West Virginia for people under sex offender supervision, you will have them here. And they are bonafide and they will, you will have to follow them. Because if you don’t follow them, they will report back to West Virginia that a special condition of supervision is being violated. And West Virginia is obligated on interstate compact to take that take that violation seriously. And you could end up back in prison and West Virginia for violating a condition that was imposed in the receiving state that was not imposed in the sending state in your case would be West Virginia.

Andy 07:43
There you go, Patrick, there is information for you. And I hope that helps guide you down the path for future. Larry, you said that she would take over introducing our guests. And so please go ahead with that.

Larry 07:58
Okay, welcome. Everybody out there. And I started a radio land. I just can’t break myself from that from an internet land. We have we have a special guest, which I don’t think we’ve even done before. We’ve I don’t think we have we had a have we had an actual party to a case on here before we’ve had a turn I don’t believe so.

Andy 08:20
Yeah, the guy that I don’t think we ever have had the actual individual that is the case now.

Larry 08:25
So so do this as a first. But this is such an issue that that will come up repeatedly because of its significance or relevance. So we’ve talked about polygraphs and whether they can do them. And we actually have a party to the case out of the 10th circuit, which is basically the Rocky Mountain part of the United States. The 10th Circuit Court of Appeals, our litigant and our guest is Brian Vaughn Baron. And he was successful some number of years ago, and he’s going to tell you how many do is but he was successful with getting a stay of he was ordered to take a polygraph test. And he objected on the fifth amendment grounds that he was able to get a state almost before the polygraph. And then he was ultimately when the when the case was resolved. It was resolved in his his favor. So welcome, Brian, thank you for joining us this week on registry matters.

Unknown Speaker 09:24
Hey, thanks, Larry and Andy. Happy to be the first of the actual kind of litigants you have and hopefully, if cases continue to go our way you’ll you’ll have some more in the future.

Larry 09:36
So what year was this case decided what you would do my same senility is showing here. I don’t recall what year it was. Yeah, it was like around 60. Yep. Okay. So well, Andy is going to be generous enough to to guide this part of the program because I because of what I was doing over the weekend did not prepare. So I’m going to just sit back and jump in if I need to. too, but otherwise, Andy, it’s all yours.

Andy 10:03
All right, perfect. Um, well, I guess we could just run through these quick little questions right off the bat and dig into some details later. Can you and I have great, great interest in this because I’m just all about some science and from where I sit. a polygraph is just a whole bunch of smoke and mirrors and you know, it things and bells and whistles and whatnot. But can you describe how the polygraph how the polygraph works? Let’s just start with that.

Unknown Speaker 10:29
So it’s, um, it’s kind of interesting. Um, you know, the polygraph has been around for for quite some time. And it’s definitely not anything that is allowed in most kind of criminal proceedings, as you know, Larry’s pointed out before. But from what I’ve seen it from the research I’ve done, it does have some accuracy to it. I don’t think that it should be used, obviously. But that has to do with more the kind of the way it’s administered and kind of some necessary trickery that goes on on the part of the calligrapher. But when it’s administered, according to the kind of plugger for standards, it actually is somewhat accurate. I’ve seen rates of anywhere from, you know, the false positive rates of as low as about 5%, in some of the studies I’ve seen, but that’s really for, like, specific issue things. But for for us, you know, for for psrs or pfrs, we tend to have either maintenance exams or sex history exams. And for those, the reliability drops pretty dramatically, you know, as evidenced by just the number of people who, you know, failed polygraphs and then it, you know, it’s kind of hard to, you know, know for sure when it when it’s a false positive when the person if the person doesn’t admit to it, but there are the rates of of failures are much higher for for the sex offender community than it is for, say, like the CIA applications that are used on

Andy 12:00
I, I’m struggling with the the false positive rate of how you would actually no, how would somebody know that has off? But what would be the conditions that someone does administer a test where the false positive rate is that low?

Unknown Speaker 12:17
Test they’ve done? Where they have an actual false positive rate have been controlled studies, where they have a person who doesn’t the person taking it doesn’t know the answer, if they’re if it’s true or false, but the person doing the study does. So they will ask them a question about something in their past. And the they’ll know the answer ahead of time, and then they’ll ask them anyways. And then if the person if, if the polygraph indicates deception, they know, and the person was telling the truth, because they know the answer the question, then they’ll consider that a false positive, but there’s, you know, a bunch of statistical issues with those kinds of studies and things like that. So it’s kind of it’s kind of hard. And that’s one of the reasons why some of the courts have been, you know, have, you know, held that they’re not, you know, reliable enough to be introduced for, for most criminal proceedings. So,

Andy 13:08
right, and I just wrote that question. I was like, why isn’t it admissible in court?

Unknown Speaker 13:13
So then I don’t know the full reasons for it. I know, it’s been a pretty long held, at least, you know, in terms of recent history. And I think I think there are there issues of just that reliability, and some of those studies that were done. But I don’t know the you know, exact reasons it didn’t I know there that many for most courts, it doesn’t meet the standards for expert testimony, or for an expert to be able to qualify and quantify and say that, hey, these polygraph results are valid. And, you know, this means that he was lying, and then those kinds of things. And I think the the big part of it, too, is that I think when when the people I’ve talked to and myself when I first took the polygraph tests, I kind of assumed that I kind of knew how they work like the back of my head. I’m like, Okay, I see what they’re doing. And it turned out I was pretty much completely wrong on it. And I think that once I did some research, and once I kind of, you know, took them myself and kind of realized how they were working. It kind of once you know, it opens up this intentional deception on the part of the calligrapher. And I think that the courts also know that and once that gets, once that gets introduced into courts, it becomes very hard to defend both the efficacy and the how effective they are, I think,

Andy 14:39
what does the polygraph then measure.

Unknown Speaker 14:42
With a modern polygraphs, they measure four or five different physiological results. Almost all of them measure breathing in and they also measure sweat in terms of the electrical conductivity of the fingerprints, heart Beat movement, how fidgety a person is. And there’s a couple other ones, there’s not a single any one set standard. But heart rate breathing, and essentially sweating through electro conductivity are kind of the major ones. And then there’s the pressure different. Yeah, yeah. Um, I, yes, blood pressure as well, yes.

Andy 15:27
And then, and they, when you start it, I’m trying to not jump too far ahead, when when they started, they give you all of the questions that they’re going to ask you, right?

Unknown Speaker 15:38
They do. They have. So the polygraph exam is divided into the interview, or their pre polygraph phase, and then the actual exam, and then sometimes, depending on how it went a post interview phase, and the pre the pre polygraph interview phase. That’s actually, in a lot of ways, the most important part of it. That’s where the calligrapher will go over the questions with you and make any kind of narrowing or broadening constraints to the relevant questions. The interview phase is also where you as a person taking it, your kind of goal in that phase is to identify what the control questions are. And that kind of gets into that, that deceptive piece that plugger first kind of trying to, to trick you into into doing there? And I can I can go into a little bit more of that if you’d like or,

Andy 16:29
yeah, sure.

Unknown Speaker 16:31
So um, for most polygraph exams, isn’t all of them. But the polygraph exams that follow the kind of, there’s an association American Association for calligraphers or something like that. They have guidelines. And for both specific issue and more general exams. A lot of people think that what the calligrapher is doing, once he reads the results is he’s comparing how you’re breathing was how you’re how fidgety you are your blood pressure, your heart rate, it’s comparing that to an absolute value. If it’s above a certain amount, it means you’re lying below certain amount, it means you’re telling the truth. And that’s not the case at all. All of the readings are relative. And because every person is different, and what they’re relative to our control questions, and I think that when you hear questions like, Is your name, Brian, are you sitting down? Are you in an office? Those types of questions. People tend to think those their control questions, and they’re actually not, those are irrelevant questions. The calligrapher asks you those kinds of things, just to make you think that he’s calibrating the machine or he or she is calibrating the machine, or to give you more confidence in the exam itself. But the actual control questions are questions that to you sound like they’re relevant sound like they’re meaningful, but they’re issued in such a way that they are broad enough or generic enough or encompassing enough that they intentionally caused you to have some apprehension when you answer them. They’re questions that aren’t relevant in the terms of being scored. But they’re things that will cause your breathing to be different or cause you to sweat more or your blood pressure to go up. And the idea is that when you answer those questions during the exam, those serve as your baseline, and then that’s your relevant questions are compared to those. And if you have a higher response to relevant questions, then you do the control questions. The question is scored as dishonest. And if you have a lower response to the relevant question to control question, then it’s deemed as honest or or, or non deceptive as they would say. And those control questions are fundamentally the key to everything in the polygraph exam. Because without them, they have no way to score the exam. And once a person knows what the control questions are, they lose their power. If you know that their question they’re asking you is designed to cause a response in you, then you either can intentionally kind of bring up about that response or you can, you know, know that that’s the level that you’re comparing everything else to. And so for example, some of the like the common control questions you’ll see in the maintenance polygraphs for sex offenders are things like have you kept any secrets from your probation officer? Or have you broken any other law? You know, no matter how minor or what was the one I always liked them. Has any Have you had any contact with anyone you shouldn’t have All right, and often a question. Exactly. And they’re supposed to be, you’re supposed to be thinking like, oh, man, like, Am I keeping secrets from my probation officer? I mean, well, I’m not telling him everything. Oh, man. I mean, I haven’t I haven’t I haven’t lied to him. Oh, but shit. You know, I I sorry, I apologize.

Unknown Speaker 20:22
You know, but I didn’t tell them that I was 15 minutes late for my job. They don’t really care about that. Right? Does that does that matter? Oh, and you’re like, ah, and and that’s, that’s the exact response you’re supposed to have? Because if you are, you know, freaking out a little bit about a control question. And then they asked you, you know, at any time in the last six months, have you had contact with a miner that you didn’t disclose to your treatment provider or something like that, then and you and you’re like, Oh, well, no, I haven’t at all. Well, that’s, that’s perfect for them. Because you your level of response to that question, which should have been somewhat, you know, triggering for you. Right? It’s like, minors, you know, I’m pregnant. I can’t do that was lower than your did I ever, you know, was like, you’d be thankful for my probation officer. And and you would pass? Or you would you would score that question as non deceptive. The problem comes about when, what if you really believed like to yourself like, no, I tell my everything, there was nothing he doesn’t know about me? And you answer that with, you know, the calmest most straightforward manner? Well, now, your level of your control question is really, really low. And now at best, if you answer the relevant question, you know, content with minors like that, it’s going to appear so close to control question that’s going to get a non response that can’t score it. Or maybe you have just like a little bit of a, like, minors, or whatever, when you were dead, send that control question. And now it’s going to get scored as deceptive because your level of response to it was higher. And so that, that to me, once I kind of found that out about the polygraph exams, I got pretty well, I got pretty upset. Because, you know, in the context of treatment, especially for sex offenders, honesty, and confronting what we did, and all of those are very big components to it. And to have the calligrapher essentially trick me into being nervous or whatever you want to call it have the anxiety about a question. In order for me to score the exam seemed, well, it seemed unethical, honestly. And that kind of started my, my road to, you know, learning more about it. And then, you know, eventually, um, you know, challenging at least the the six history questions in court.

Andy 22:40
Let’s say that you have like a perfect Senate, like you’re just following the rules, everything is working the way it’s supposed to. And we’re talking about working with a machine that doesn’t work. So I have to constantly flip my brain around in circles to have this conversation. But suppose you stick to your guns and you consistently tell them, I’m not lying. I’m telling you the truth. But it says you were deceptive on the machine here. I’m telling you the truth I didn’t. I’m not being deceptive. Suppose you stick to your guns in that way. What happens then?

Unknown Speaker 23:07
Well, it depends on what the context of the polygraph exam was. For me, and I’m speaking specifically for Colorado. Colorado’s sex offender program is pretty much it’s largely organized by the state. So individual treatment fighters, um, have some latitude, but not a ton. But, and I think the experience, my experience in Colorado is pretty similar to a lot of other treatment providers, or probation polygraphs. Um, but they say, okay, they, you know, they tell you their face, okay. I mean, it could be wrong, which seems unlikely, but it could be wrong, you know, it’s, you know, it hasn’t really failed as before, but, and then you have to retake it. And, you know, for instance, in the treatment programs in Colorado, if you were taking a maintenance polygraph every six months, then and you failed one, then you had to retake it within three months. And if you failed it again, then it was one month, and it went all the way down to weekly in some cases every two weeks. And they would essentially keep have it, you’d have to keep taking it over and over again until you either passed that specific question. Or you admitted to them what was you know, whatever you were hiding, and, and these are all no circumstances

Andy 24:21
do you if I was gonna, I was just going to ask you who pays for it, if you have to keep retaking it.

Unknown Speaker 24:26
The in Colorado in most states, the the person under supervision. Some states will put you in a payment plan if you can’t afford it and have to take it but you have to repay the money. And for for Colorado, there were $300 I think they’ve gone up a little bit since then. But that was the kind of the standard fee for any of the four or five or six calligraphers that um, that I went to,

Andy 24:50
how much was it? $300

Unknown Speaker 24:52
each.

Andy 24:54
Okay, so here it was, like 225 or 250 or something so you’re a little bit higher, but so roughly in that ballpark. 123 Larry, do you have any information that that pushes it in higher than that range?

Larry 25:05
Well, the contracted amount that the supervising entities get it that’s consistent with what we hear. But now like if we were to contract with for a singular single test for, for our clients, we would pay about double that the typical prices 556 $100 for a single polygraph, but they’re, they’re buying in bulk.

Unknown Speaker 25:27
Oh, we get a bulk discount love it.

Larry 25:32
You’re benefiting from that. So they will, they will tell you they, they’ve negotiated with the provider for a volume discount.

Andy 25:41
Got maybe we could get like some sort of PPO or an HMO or something to help pay for the polygraph. We could buy like polygraph insurance, get a group plan.

Unknown Speaker 25:49
Side note in Colorado, the largest plugger for provider sits on the sex offender management board and has full voting rights, everything like that, but I’m sure that he has, um, only the interests of the community in heart when he when he makes his decisions on how to vote and what regulations to add. So

Andy 26:09
yeah, of course, what’s that? What does the exam like for taking a Polly?

Unknown Speaker 26:14
So um, for the, for the maintenance exams, which are, you know, the ones I I took, you know, most frequently, these are like compliance

Andy 26:22
ones, right, making sure that you’ve been in by curfew, and you’re not looking at naughty webpages, that kind of stuff?

Unknown Speaker 26:29
Exactly. Okay. They are tied to conditions of supervised release, or probation or parole or treatment objective sometimes. And they’re typically anywhere from three to six relevant questions. The plugger Association basically says that you shouldn’t do a, a kind of maintenance style exam, with more than I think it’s three or four questions. But typically, there’s you know, that they go beyond that, the more questions a person is asked, the less relevant or the less accurate The exam is, kind of is. And that’s kind of why some of the studies work out again, but the questions are things like, yeah, have you, you know, you access any internet capable device that you were not approved for? Have you, you know, left the state or, you know, the county or whatever your, your your locations are without permission. You know, have you had any contact with minors that you haven’t disclosed, if you if you have an alcohol provision, those are usually a big part of it, if you consume any drugs or alcohol, and then they’re very, they’re usually tied to specific timeframe. So for the maintenance exams, if you take one every year, they’re in the past year, or in the past three months, or whatever like that. And that’s usually a good way to identify the control questions, a lot of times the control questions, loosen that timeframe, they go from the last six months to ever, or, you know, or they just don’t, they don’t mention altogether. Yeah. One of

Andy 28:03
the things that, like, troubles me with, with what you just started describing there is that they sort of fit into a timeline that says, Hey, have you had any drugs or alcohol since the last time you had your poly? And maybe you’re taking them annually? Maybe you’re taking them quarterly and like, crap, I don’t know. I don’t know, when I had my last drink. And just for the record, I don’t drink anyway. So that’s not really my issue. But I’m just, if you don’t keep track of it, well, it was 73 days ago, and that’s within the 90 day window, like how would you it’s really subjective and seems prone to get you jammed up and cause you to then is hop the polygraph off the mark, and then the light up, you’re being deceptive, you’re like, Oh,

Larry 28:43
I would say would that be something you would do? Would that be an issue you would deal with in the pretest interview? Like on the 73 versus 90 days, when they ask you have you consumed any alcohol? That would be something in the pretest interview because you have these questions. So you would say, well, let’s be clear, we’re talking about this interval. Isn’t that something you could clean up in the pretest interview and formulate the question to be more relevant, more precise, and less open ended? Can’t you do that?

Unknown Speaker 29:09
Yes, definitely. The calligrapher will work with you during that pretest phase to apply whatever narrowing constraints that you know, he’s kind of allowed to, you know, within the constraints of what the probation officer wants him to ask with what you say. So yeah, if you were saying, like, a years a long time, like, I don’t really remember. I mean, I know, you know, you know, I know for sure that you know, since my peo told me, you know, nine months ago that I could have any alcohol I know for sure. Since I haven’t I haven’t had it before that I’m in the plugger for would go ahead and say okay, well, since you, you know, since you know, February 18, or whatever, have you consumed any alcohol and they’ll do that with you, as long as the question you’re trying to clarify is not weren’t the control questions. And this is, this is another way to kind of find out what they are. If you’re asking for clarifying or narrowing things that I control Question. The calligrapher will make you feel stupid for asking that or for trying to take a straight I’ll be like, like, if you know if he asked you like, are you keeping any secrets for your probation officer? And you’re like, I don’t really know what you mean by secret? Like, could you you know what I mean, you know what I’m talking about? I mean, you’re not telling them? And you’re like, um, I

Unknown Speaker 30:18
mean,

Unknown Speaker 30:19
what does what does that? Where does that where does that quantify? Like, you know, is it intentional is like, you know, what a secret is, you’ve been in treatment, they’re all about, you know, not keeping secrets. And and they’ll they’ll it’s a complete flip on their part between when you try to clarify the control question when you try to clarify the the relevant questions, and it’s, I don’t know, it’s, I’ve had a couple experiences where it’s been kind of funny, just because there was a little too over the top, I think, and maybe the calligrapher wasn’t, didn’t have quite the acting talent that he believed he did. But But yeah, for for all the relevant ones, they’ll they’ll definitely narrow. Well, I’d like to

Larry 30:55
the point you’re making because I had an off the record conversation with a calligrapher and he said it almost precisely what you just said, with wood, when you ask for clarification. They will sometimes embarrass you, and do a little theater to make you feel bad for wanting to clarity. So you, you’re confirming what the calligrapher told me off the record.

Unknown Speaker 31:17
Yeah.

Andy 31:18
And all of this is just I think this whole thing is, like, it’s the opposite of the placebo effect Here, take this sugar cubital and make your pain go away. It’s the opposite of that here, we’re going to scare the crap out of you to get you to admit to doing something, even though the Kabuki machine doesn’t do a flipping thing.

Unknown Speaker 31:36
I mean, I’m the primary benefit to the treatment providers. And I’m not saying that this is not a legitimate benefit to them or that it’s something that you know, that isn’t necessarily wrong, but it’s that the the polygraph process is pretty effective in getting people in treatment probation to admit to violations of their conditions. You if you look at the you know revocations in sex offender treatment, and for sex offender, probationers, a good chunk of them stemmed from things that people admitted on during a polygraph exam. And it’s usually during the pre or the post phase that that happens. In some treatment providers treat a little bit differently. You know, for instance, it’s less severe in Colorado, if you admit to something in the pre interview phase than if you lie about it, and I have my air quotes my air fingers for quotes for that, and then, you know, reveal it, you know, when you’re confronted by your provider or something like that, but that is that is the the purpose they serve. And they kind of cloud that when they talk about it in, you know, if it’s brought up during a revocation hearing, or if a person challenges the requirement to take polygraph tests in their sentencing. You know, the, the treatment writer comes in and says, you know, this is a very useful tool, it helps, you know, offenders confront, you know, things they’ve done, by and large ex offenders are very secretive group who do horrible things, then hide them, and we need a tool to, you know, confront them and help them confront themselves on that or something like that. And a lot of it’s Bs, but there is a component there where it works to a certain extent, because people do get, you know, in trouble, because they,

Unknown Speaker 33:21
because they believe that works. Yeah,

Unknown Speaker 33:22
Mm hmm.

Andy 33:24
Someone in chat just said my argument is has any study or case ever shown that pfrs are more inherently deceptive to justify this extra level of scrutiny?

Unknown Speaker 33:35
There have been nothing too recent. But there have been studies that back in the I want to say the one I read most recently was in the early 90s, it was primarily normed on contact offenders, and it was when some of the polygraphs are being used, kind of initially, they weren’t even our requirement. They were, I forgot the exact context of it. But um, they they found at least compared to the normal population, whatever that was, at the time, that there was more general dishonesty and people who had contact defenses. And then there was some things that kind of refuted that study, or at least cast doubt on its methodology and things like that. But yeah, I think by and large, with current sex offenders, especially for the growing community of online offenders, that it’s, and we don’t we don’t know, I think that the inference is that it is but I don’t think there’s any studies to back that up.

Andy 34:42
Is it legal or constitutional for courts probation to order someone to take a poly

Unknown Speaker 34:47
100%? Yeah, time and time again. The courts at both the state and the federal level have upheld the requirement that someone on supervised release or probation or parole, has to take a polygraph exam. There’s the legal questions come on what kinds of questions they can ask you or what kind of questions you can refuse to answer but as a polygraph as a whole, yeah, I’m not aware of any court that in the context of sex offender treatment that has said that the polygraph is so unreliable or so, you know, unethical or whatever, that a person doesn’t have to take in

Andy 35:27
theory, can you add anything to that about the legality of it?

Larry 35:31
Sure. It would be it would be when realize, put in context, you have, you have been given conditional liberty. And with conditional liberty, additional intrusions are allowed into your life that would not normally be permissible. A regular citizen never has to submit to a polygraph pre conviction. Yeah, they say, you hear all the time, the person was offered the opportunity to take a polygraph, and they declined. But these are based upon these are as a part of your conditional liberty, which you have less rights. That’s how they’re able to do drug and alcohol testing. As a normal citizen, they couldn’t give you a drug test. I mean, your employer might be able to as a condition of employment, but as far as the police come up to you and say, I’d like to take a drug test, I can only do that and probable cause, if you’re are driving and exhibiting signs of intoxication, but this type of testing is allowed by the courts, because it’s, it’s it’s your conditional liberty is, is, is something you don’t have a right to, therefore, it’s a component to monitor your compliance with the conditions of your liberty. And the courts have said that attest upon it just just a simple test of a polygraph machine. It may not be completely accurate. But you can make the same argument about drug and alcohol test. Are they completely accurate? Of course not. False positives show up all the time.

Andy 36:53
My challenge there, Larry, is it doesn’t matter, the person giving you the test there, you’ve removed so many elements of ambiguity from that. It doesn’t matter how you feel that day, if someone does a little bit of a blood draw, and they do it. Like there is a predictable error rate. But the polygraph thing is is fraudulent, like all the way from top to bottom. It’s completely subjective based on the person doing it, and the person receiving it and how they feel that day.

Larry 37:21
Well, the courts have interpreted the science that way. So so you’re you’re you’re barking up a tree that the courts don’t agree with you on?

Andy 37:30
Yes, I understand that. Ready to be a part of registry matters, get linked set registry matters.co. If you need to be all discreet about it, contact them by email registry matters cast@gmail.com you can call or text a ransom message to 74722744771 a support registry matters on a monthly basis, head to patreon.com slash registry matters. Not ready to become a patron, give a five star review at Apple podcasts or Stitcher or tell your buddies that your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry, keep fighting without you, we can’t succeed. You make it possible. Brian, did you want to throw in something there with that? Yeah, so

Unknown Speaker 38:25
I do think there is a little bit of a, some confusion surrounding what kinds of things a person does or feels or how they are, you know, React will affect how the polygraph exam is scored. And the plugin for say, by and large, it doesn’t matter if you’re tired that day. Or if you had caffeine, or if you’re, you know, depressed or anxious or whatever. And for the most part, it’s actually kind of true. The only thing that matters is the difference between the delta between your response to control questions and to the relevant questions. And things that tend to either increase your responses, like you know, your high strung and you just, you know, you know, down, you know, to Monster Energy drinks right before there and you’re bouncing off the walls, that’s fine for the plugger for because it’s going to raise the level to control questions and relevant questions roughly equally. And the same thing if you’re, you know, if you, you know, people, you know, took some kind of sedative or you know, some some leftover pain medication or something like that, before the exam, it’s going to lower the responses to both of them as well. And that kind of tends to also go along with, you know, psychological, you know, whether you’re, you know, you know, have a lot of stress over it or things like that they tend to kind of balance out and my experience, at least with people I’ve talked to you more or less back that up that I haven’t found any kind of like implicit kind of correlation between people. Failing more often who were, you know, tired or overly distraught versus people who, you know just went in there like a normal everyday and took it? So I think it’s kind of interesting.

Andy 40:11
Are you able to refuse the polygraph?

Unknown Speaker 40:14
I’m sure you are. The calligrapher when you go in makes a very big point, at least in Colorado of saying this is entirely voluntary clicker first not forcing you to do it. They are not strapping into the chair and they are not handcuffing you to it and the door is not locked, you can walk out and leave at any time. Now, of course, there will likely be consequences for doing that. And if we’re asking, Can you refuse it without legal repercussions? It really depends on how it’s worded. If it’s a condition of your probation or parole, then you very easily can be revoked or violated for refusing to take a polygraph exam. And this is I want to specify that this is you refusing to completely take it, you being ordered to do it. And you’re just saying telling your po or your treatment provider No, or just not showing up for it. There have been cases where people have been violated for nothing other than that they have there, they’re not real common, they tend to usually have other kind of factors too. But I did read a case a few weeks ago, out of I think was Iowa. It was a state case. But the probation er was violated. He was doing everything and treatment he was following his treatment provider came in and said he’s doing very well he’s participating in his classes, he’s made a lot of strides for you know, talking about his offense and things like that. And he just refused take the polygraph exam. And after the second or third time refused it, he got violated and the judge upheld it because it was condition of his supervised release. And he went, you know, back to back to jail for for a few months. And at the federal level, it’s the same way. If it’s a requirement, the trimmer provider, and not listed as an explicit condition of your supervised release or probation, then it’s up to the treatment provider to kind of do what they want to do. But ultimately, if the treatment provider says that you’re not following their rules, and they kick you out of treatment, then that that usually can trigger a revocation because you have a condition that says you have to participate in treatment.

Andy 42:19
A buddy of mine up the road from me, he This was around a holiday timeframe, this like five years ago, the the treatment provider said I need you to take this Polly and he was working like eight bucks an hour, like manually, you know, like haulin steel tubes around in a factory or something like that. And they, they, they said, Hey, we need to take this pile and it’s like, hey, look, I don’t have the money for it. It’s Christmas presents like, well, if you don’t take the poly, then we’re going to have to end your treatment and that’ll revoke you. So his probation officer let him have like a bye and said, well, you can do it next month. But that was like, so he went off and tidal pond his car so he could pay for the polygraph.

Unknown Speaker 42:58
Yeah, I’ve come across people in Colorado with the same thing. You know, who were hit they had exhausted. They’re kind of they’re essentially, in Colorado. Some of the probation departments will on pay for treatment, or polygraphs or other kind of related costs for you. But there’s a limit to it. And basically, if you know at that limit, if you’re still not able to, you know, have work or whatever and pay it. It’s that’s kind of it. They say Look, I’m sorry, you couldn’t pay it, you’ve ordered to do it. And the plug refers not to do for free and I’ve known people who’ve been terminated from treatment in Colorado because they were ordered to take a polygraph and couldn’t do it for financial reasons. Yeah, it’s it’s, it’s, I get extremely upset when I hear stories like that. So

Andy 43:47
yeah. Let’s let’s try and compress some of these down and just maybe two or three more questions to calligraphers have to be licensed.

Unknown Speaker 43:55
They do not in most jurisdictions, most jurisdictions that I know of, I’m in Colorado, they don’t. They don’t, at least in terms of the state having regulations saying you have to be a licensed calligrapher to be able to practice in Colorado. But the Colorado’s sex offender management board, they will only refer DLC state DLC inmates to calligraphers who are licensed under the National calligraphers Association, whatever. But that licensing is at least from from I understand, they kind of keep their requirements kind of close to their vest, um, in terms of what it takes, but it’s not that hard to do. And this, they don’t want a lot of calligraphers in the state because of course that you know, divides the, the pie up too much. And then they’re not, you know, not able to it’s not as lucrative for the individual ones, but I don’t know of any states that require licensing as a as a regulatory body.

Andy 44:56
All right, let’s see. Let me see what happens. With the results, like we’ve seen, everyone’s seen on TV where they have the little like heart rate EKG monitor, where it’s like scribbling all over the place when you are lying and whatnot. Is the individual allowed to see those results?

Unknown Speaker 45:13
Personally No. And I, this is one of the one of the things that shocked me the most when I started taking them, and everyone I’ve talked to, if you if you take them privately, of course, you know, you know, kind of, you know, as Larry referred to earlier, you’ll, you’ll get them. But if you’re ordered to take them, your treatment provider can see them and your probation officer can see them, but you usually cannot. Unless you are unless there’s some kind of legal proceeding. And of course, then at that point your your attorney can request them as as evidence and then you can see them that way. But the calligrapher says they can’t see them to you because it’s against treatment modalities or something like that. And I it’s my belief is that they don’t want you to see it, because the the way they score it indicates what the control questions are. And once you know what the control questions are, by looking at the results, obviously then the other the you know, the future tests become become meaningless. Because I’m wondering if you could then get those results and hire your own legit god,

Andy 46:15
I can’t I hate even saying those words, that you can hire your own and say, Well, no, I challenge these results because I am this credential calligrapher, you know, I went to the Harvard School of calligraphy. The same, it hurts me every time I say these words, but how would you even be able to challenge it, if they own the Kabuki machine and they own the results on their chest saying that you like, you wouldn’t have any way to defend yourself?

Unknown Speaker 46:38
in Colorado, you can do that. That is one of the things that the sex offender Management Board has has provisions in place for, but you so you could you can request another calligrapher to review the results. And so most of these are machine the results are, are analyzed by machine by out by algorithms that then spit out you know, deceptive, non deceptive, or no opinion for each question. And then the plugger for using his vast experience and knowledge of human behavior and all the other things they went to the Harvard School for, you know, certify those results, or occasionally will say, and the computer said, you know, you know, non deceptive, but I know this guy, and I can tell bla bla bla, and then they’ll override it. You can have the raw results along with the commentary of the scoring of the, you know, the written report sent to another calligrapher that’s in the state of Colorado, and then they can either confirm or, or, you know, or, or say no, I think it was wrong. I’ve never seen I know of maybe a dozen people who’ve done that not once has the second calligrapher overturned, or, or, or said anything remotely bad about the first guy. Because, you know, they’re they’re very small, small, tight knit group of people. And, you know, they’re not gonna they don’t want you to play with each other. But but it’s the you’re never you’re never going to save yourself. It has to all be sent electronically, you know, and stuff like that. So

Andy 48:05
it’s one of the tops of the piles of pseudoscience from everything that I study about science. I only have one more question. Larry, do you want to throw in anything before I ask the final question?

Larry 48:16
Well, I I found this to be fascinating. I think we’ll probably end up having him back. Because this is going to generate a ton of questions from people after after they read the transcripts and hear this episode. So yes, I think I’ll pass but but it’s been fascinating.

Andy 48:32
So that leads me to my one last question is do you believe it’s an effective way to determine if pf ARS are following the rules if they’re being compliant?

Unknown Speaker 48:41
I’m mostly because of the fact obviously, that, you know,

Unknown Speaker 48:45
I, you know,

Unknown Speaker 48:45
I’ll say that I took you know, in my three years of treatment, I took one particular every three months, I took quite a few of them. I was never dishonest. But I was also never after that first after the first one. I took it, I kind of realized this. I was never I never had any kind of concern whatsoever of doing it was just a routine for me. Like, okay, God, here’s another 300 bucks, whatever. I

Andy 49:07
took them every quarter for four years. So you took what 16 ish?

Unknown Speaker 49:11
Well, since Yeah,

Unknown Speaker 49:12
so not quite, I actually had my treatment was interrupted. Well, my case was being, you know, appealed, due to the stay, and so I wasn’t trimmer for that period of time. But then afterwards, magically, once the 10th circuit decided my case, my favorite fighter immediately switched to instrum. He can’t be in treatment because he’s refusing to take the polygraph too. Oh, well, I guess we’ll maybe let him back in now. It was it was I’m sure they had to had my my well being at heart. But yeah, within within a few days of the pellet decision coming out. I was re enrolled in the same treatment program that had threatened to kick me out and violate me and actually had kicked Yeah, you know, didn’t end up not getting revoked. But, um, but yeah, and it went back in there, I was doing them every three months. Because I was, you know, using a computer for for work and whatnot and that, you know, to them increase the the risk factor for it. Yeah, I know, I know, kind of running running short on time here.

Unknown Speaker 50:17
I do

Unknown Speaker 50:18
you want to caution one thing, which is that for people who are actively in treatment, I think you need to make an individual determination on whether or not to attempt to kind of know, the control questions, people are able to pass a polygraph without doing that. The treatment fighters, especially in Colorado, are extremely, extremely sensitive to any allegations of tampering or, you know, or, you know, doing things to throw the machine off and things like that, and people who have knowledge of how it works. And when writers become aware of that, it you know, it can, it can switch from, you know, every friendly congenial to, you know, what are you trying to hide? You know, how Why would you ever know, this, all this kind of stuff, I’ve seen people with a fortune teller gets

Andy 51:11
angry at you, too. If you know how to read your, you know, do palm reading, they get very angry at you and you know how to do their stuff. Larry, what did you have?

Larry 51:21
It just occurred to me when I was as I was reflecting on a something he said about the increasing weight typically tell people on the podcast, if you’ve told the truth, and they tell you that the polygraph has shown deception, all I encourage you to do is to continue to say, I’ve told the truth, I can’t explain it, because they ask you to explain why that you’re showing deception. And you just tell them, I can’t explain that. But you’ve interjected something that never has come to my attention before. If they simply continue to increase their frequency of polygraphs, because the machine says deception and you insist you’re telling the truth and you stick to your guns, it sounds like they will eventually bankrupt you.

Unknown Speaker 52:04
Correct?

Larry 52:05
If, if you’re earning $9 an hour, and they they increase it from quarterly to monthly to weekly. At some point the $9 an hour will not cover it and they will they will get you that way because they will bankrupt your and I think there might be a legal cause of action here that that has been unexploited. No attorneys ever thought of that, that they’re deliberately in order to get the answer they’re looking for that they are going to put financial pressure on you that you cannot withstand.

Andy 52:37
I’m with you. I like it, Larry, run with it.

Larry 52:42
Did we lose Brian?

Unknown Speaker 52:44
No,

Unknown Speaker 52:45
I I agree completely. I think the financial burdens of treatment in general, are some of the hardest, you know, pain points. And it has gotten a little bit better in Colorado, but um, and some elsewhere. I’ve heard but but yeah, I mean, you know, these are for profit companies administering polygraph exams and for And generally, you know, for profit, private, you know, treatment agencies who are administering it, and amazingly enough, they want to get paid for it. And, you know, when they can exert that financial pressure to also increase their treatment goals. I mean, it’s a it’s a win win for everyone, right. For us, you know, who are really the, you know, the clients who are this are supposed to be the ones benefiting from all this. But um, yeah, I would say the financial issues were the most common reasons for people having problems and treatment, or sometimes just, you know, getting kicked out of it. And

Andy 53:39
so that leads us down to that this almost creates a debtors prison and or it’s extortion.

Larry 53:45
Well, what we’re gonna do is I’m going to take some time to read Bearden versus Georgia, which is the last case I remember the US Supreme Court ruling on it’s been decades ago, about inability to pay. And if a person doesn’t have the ability to pay, we might we’re definitely going to have to come back on this issue. And but it sounds like this is a potential Bearden claim to me.

Andy 54:07
Excellent. And, Brian, if you would stick around, I have another question from a listener that came in via letter and you can if you look over in the, if you can see the screen that I have over in the live stream chat, then you can follow along if you want to. But Larry wanted to beat this around with you for a minute. So it says I hope you all had a great holiday. I write to you regarding an issue I don’t know how to solve I was released from Fort Dix, New Jersey in August. According to my conditions of release, I had to attend a court order therapy, which I’m doing the first day of therapy, I was handed homework, sex offender disclosure questionnaire. I’m not sure if you familiar with this document, or if it can be accessed entirely online. But this is the most demeaning, arrogant D human dehumanizing thing I’ve ever subjected to. I don’t think I’m sensitive but having been incarcerated. Fort Dix, a notorious PFR, hunting ground by inmates and staff. But questions like How many times did you have sex with dead animals? And did you ever kill someone during or after sex? are just some of the myriad of questions which further dehumanize me. To me this was a filter. To me this was filthy and was as bad as therapist who said that my disliking this questionnaire was my opinion. And there was a pro necrophilia faction, or the PEO, who discouraged me from attending the gym because I might drag a kid in the shower like a lion dispatches a zebra at the waterhole. Um, so, Larry, that’s a very disturbing letter that we received. And what did you want to dig into this with Brian about?

Larry 55:46
Well, this is this is the sexual history questionnaire, which was was it? What was it at issue in his particular case? He, so when you got your sexual history questionnaire, how much did it resemble this type of questions? Very, very much. So.

Unknown Speaker 56:03
I got a call if there was anything about necrophilia on there, but there were definitely questions on sexual contact with animals. And it was very detailed, it wasn’t a questionnaire It was a packet and they called it that and it was, I don’t remember 1520 pages, something like that. And yeah, it was a full, you know, every encounter every behavior during those encounters, you know, since since since you have in living memory. And yeah, you know, and, you know, I am I am not an attorney, of course, but um, I encourage anyone who has any of these kinds of questions to refuse to answer any of them that would implicate a criminal offense. I think it’s as simple as that. If they’re asking you questions about legal sexual contact, that’s kind of up to you on, if you want to answer those, and what the repercussions would be if you didn’t, but as far as I know, not all of the Federal circuit’s have reached an answer to the question of, can they ask you incriminating questions on a sex history polygraph, but the ones that have asked it have more or less fallen? along with my case? I know the Ninth Circuit has reached the same conclusion, the 10th. And there’s a few other ones that they’ve kind of worded it in a in different ways. But by and large, I haven’t seen any recent cases where they have attempted to prosecute someone for refusing to answer or for invoking a fifth amendment rights. So I think it’s, it’s becoming somewhat well established, just maybe not well known that you can refuse to answer those, those incriminating questions.

Larry 57:48
So well, I found those questions to be very, very distasteful. But But anyway, Brian, or we will, we will have you back again.

Andy 57:57
I guarantee that. Thank you so much, Brian. I appreciate it anytime.

Unknown Speaker 58:01
Thanks, guys. Awesome show.

Unknown Speaker 58:03
Thanks for having us. Yes.

Andy 58:05
Thank you very much. All right, Larry, then let’s, uh, let’s move on to this other little shindig that you got going on. And I almost want to set it up by asking this question from our listener. Is that a halfway decent way to set it up? Or do you want to set up the case and all that? Oh, you

Larry 58:21
can you can ask the question. Sure.

Andy 58:24
All right, so one of our patrons that says patron Mike from New Jersey, can Larry explain this in English? When he gets a chance? Does it say what I think it says for people convicted before 1994, which includes me, it seems that as I read it, if a person that has an offense before SORNA, Indiana will not force them to register. And so that was a question from a patron who put this in here. And you guys were not working together but doing the same thing. This is a case out of Indiana, apparently, and it was 61 pages that I haven’t had any time or interested reading. And I’m guessing that you feel it’s relevant to PFR. So tell us what’s going on?

Larry 59:02
Well, it is indeed relevant. And we’re gonna we’re gonna do a shortened version of it, because I haven’t had time to thoroughly analyze it. So we’ll address the high points. But this case is result of Indiana being a little bit too cute. And how they decided to apply the law after a very important ruling from the Indiana Supreme Court in 2009. And Wallace versus the state, Wallace versus state. And in fact, that ruling was one of the earlier victories for pfrs goes way back to 2009.

Andy 59:35
And when you say they’re trying to be too cute, and they’re trying to circumvent the Wallace ruling, what what is the Wallace ruling?

Larry 59:44
Well, the Wallace ruling was the was a finding that it was that registration. Well, let’s just talk about Wallison that we’ll get back to it to it but the the Wallace ruling was the result of many enhancements. which states just cannot help themselves from doing. They had souped up the registry exponentially from what it was created. And the the that decision decided that they had gone too far. And the Seventh Circuit basically cut and pasted from Wallace and they put in that registration, and I’m breeding now, registration requires more than simply appearing at the sheriff’s office, the person registering must be photographed, and provide information, including the name, date of birth, race, height, weight, hair color, eye color, identifying features, such as scars and tattoos, social security number, driver’s license and status information, card number, vehicle description and license plate number of any vehicles the registrant might operate regularly. Principal address, name and address of it employer educational institution, any electronic email address, and instant messaging usernames, any social networking website username and the dangerous catch all, quote, any information required by the Department of Corrections. And that is a far cry from what is a part of your conviction. And as you’ve heard me, say, for the last three years on this podcast, if they were merely registering information about you, relevant to your conviction, meaning stuff that was known to the court, like what you look like your picture, what you were convicted of, and they said go on and have a great life, you’re registered, they could probably do that in perpetuity, but they can’t stop it that they just can’t help themselves to put all these requirements. So in addition to the information I just read, this stuff is posted on the website, and you have 72 hours to report. If you change any of this information, including any anything related to the internet, if you create a reference to a Pinterest account, what is that?

Andy 1:01:56
Yeah, Pinterest, it’s like a photo sharing website. People do a lot of recipes or craft stuff on Pinterest, just another social networking website.

Larry 1:02:04
So so that was the case from 2009, where where the Indiana Supreme Court said you’ve gone too far. You can’t apply all this stuff to people whose whose conduct predated the registration. And and so Indiana decided that in order not to have an influx of sexual offenders from other states, which no state wants that, that they were going to interpret Wallace in a way that would keep the floodgate close. So if you move to Indiana, they they had even before was about 2009, they had put a catch all provision in Indiana statute that if you if you relocate the Indiana, or if you are if you you have a requirement to register in that state, or if it’s equivalent to an Indiana fence, you’ll have to register in Indiana, despite this, so So basically, they created two classes of citizens. If you if you had a sexual offense at all sexual offense, and you’re and you never left Indiana, you were just fine under Wallace. But if you left Indiana and came back, and you’ve registered in the state that you were that you that you’re after you’re leaving Indiana, because remember Indiana’s court ruling is only valid there. So if you moved to another state, and you got on the registry, then you were coming back being required to register at another state and some of their some of these challengers that had that situation, or people who had just relocated to Indiana. They said, Well, what about us, they simply doesn’t apply to you. Our law says that if you move here, and you have an obligation to register anywhere you have an obligation to register in Indiana. So that’s what this case was all about. And the Seventh Circuit said no, doesn’t work that way.

Andy 1:03:53
Does that introduce an equal protection issue under the Constitution? How is it that a state can require you to register simply based on what a previous state required when you live there? I thought a person could travel freely and enjoy equal treatment from state to state though.

Larry 1:04:07
Well, that’s what the challengers asserted, in fact, and and that’s what the Seventh Circuit concluded that that absolutely. You can you can travel to Indiana, having an offense that requires you to register in another state. And that state’s obligations do not magically transfer to you in Indiana because the Indiana law would not have recognized you as a sex offender if it’s not equivalent. So they said that very thing. And they also said they think you have a freedom of movement. If you leave Indiana decide to come back this somehow or another that doesn’t reimpose an obligation that had already been jettisoned by a previous Supreme Court ruling. So this is a fantastic decision. I listen. People fantastic. This is fantastic in terms of its potential reach, so this could could impact a large number of people but now keep in mind The people this will impact cannot grow. It’s a it’s a decreasing number because you would have to have an older offense. You can’t roll back the clock or something like that. You can’t roll back the clock and have and magically have an older fit, I guess you could, if there’s no statute of limitations, and they prosecute you for something. But But as a general rule, this is going to have have a diminishing component, where they call it a court of people that this applies to. But you can, under this ruling, live in Indiana, if you have an old conviction, and they cannot require you to register.

Andy 1:05:40
Were any of these judges appointed by Trump?

Larry 1:05:43
Well, what do you mean by appointed by Trump?

Andy 1:05:46
I guess during the four years of his term that he would have nominated them, and then the senate confirmed so well, yes,

Larry 1:05:55
that so let’s be clear of this judge. This This was a three judge panel, because that’s an appellate decision from the Seventh Circuit. So in fact, one of them was appointed by Trump. But she had already been a district judge, which is the lower level, the trial court level, she had already been appointed by President George W. Bush. And she was the dissenting judge. And then of the two remaining judges, one was appointed. They we have a bipartisan one was appointed by Clinton, and one was appointed by Reagan as a district judge and was elevated to the to the Court of Appeals. So we had a two to one decision, there is a dissent. I have not read the dissent. I will read the dissent by the time hopefully we come back next week, because in this particular case, it could be relevant, because this is not necessarily a final stop.

Andy 1:06:46
Okay, and what will happen next them will they will Indiana file to try and get the Supreme Court to hear it?

Larry 1:06:53
I don’t think so. But I’m not sure. I’m hoping not. My recollection is that Wallace that the Supreme Court decided and Wallace based on the Indiana constitution, but Wallace is so old, I’d have to reread it. But if they decided that based upon the state constitution, they will have boxed in the federal court the same way that in Pennsylvania when, when the Pennsylvania Supreme Court said was it’s Michigan, but I think it was Pennsylvania but they said don’t don’t bother trying to do this by your interpretation of the Constitution because our constitution provides our great level of protection, therefore, we’re interpreting under the US and the Pennsylvania constitution. Well, if my recollection is correct, and they interpreted the Indiana constitution, then the Supreme Court doesn’t have a final say. So if Indiana chooses to provide citizens greater protections than the US Constitution.

Andy 1:07:47
I do believe that covers the whole thing. No, you missed one.

Larry 1:07:54
So it was more it was more me missing it. But there is there is another theory that they can put forth. And and they could put forth that there’s an independent federal obligation to register under the Adam Walsh Act. And that would be more likely what they would do, they would cite to this to the Sixth Circuit, although it’s not binding, they would say well look at this marvelous decision from the sixth, which was out of Michigan. And they would say that there’s an independent duty to register under federal law. And therefore these people that move here, they have traveled in interstate commerce, and they have a federal obligation to register. And therefore we still can’t release them. That would be the argument that they would most likely think of. And believe me, folks, if I can think of it so can they saw I’m not letting any cat out of the bag. That’s what they’re going to argue that would be what I would expect them to pull out of their hat would be to assert that there’s an independent federal obligation. So if they do follow cert petition, that’s what they would put in the cert petition, they would, they would skirt the Indiana constitution because they wouldn’t try to tell the Supreme Court United States to interpret the Indiana constitution. But they would say notwithstanding the Indiana Constitution’s interpretation, there’s a federal obligation to register. And then the US Supreme Court, if they were to grant cert and review the case, they would tell us whether there’s an independent federal obligation register, and being that we have a conservative Supreme Court, that definitely was to help the pfrs I have no doubt it would be six to three in favor of there’s no federal obligation, because that’s just what they would do.

Andy 1:09:25
You’re not being facetious. Are you sensing a little bit of sarcasm?

Larry 1:09:29
No, not at all and did not at all. And they very well could do that. We cannot predict what courts are going to do based on conservative versus liberal but, but that would be the likely arguments they would put forth in their cert petition if they were to fly one.

Andy 1:09:45
I see. Anything else you want to talk about PFR related and before we have this, like nice engineering letter to read and then a couple of things. There’s anything else you wanted to do before we get ready to close the doors

Larry 1:10:00
I think I’ve done the best I can with what’s with the quick read up out of this case. And hopefully we’ll we can develop it further and come back to it next week or following it up in a future episode.

Andy 1:10:12
All right, well, then I would like you to cue the heart. heartwarming music, it says, Dear Andy, and Larry and the team, I guess, just as dear Larry and the team, I don’t get even a mention in this letter. A couple of months ago, I requested a sample transcript of registry matters. I really liked it. But I thought $10 a month, that’s too much. And time went on. And for some reason, I continued to receive your transcripts, I don’t receive much mail. So it’s been nice getting the transcript every week, then you lower the price to six bucks a month and I have been on the fence, then I got a Christmas card. After almost five years incarcerated the amount of Christmas cards I receive each year declined more and more for you guys to sit down and send a card to not only to subscribers, but to someone who only requested a sample a few months ago means a lot to me, and I’d like to subscribe for however long 50 bucks will get me please continue to keep up and really give hope at the same time. Just wanted to share that with people. I know I’m so mistreated. Thank you, Jen. I appreciate the acknowledgement that I mistreated. Just wanted to highlight that someone wrote in a very nice letter to us to Larry, and then me just as an aside,

Larry 1:11:17
so well, I like to part about keep it real, but give us hope. And that’s what we try to do. And and the reason we were sending the transcript is I really have a soft spot for people who have who have served the country. And I feel like that the department, the military, the Department of Defense has been over the top and in prosecutions. And that not just military, but but they have been over the top over top. It’s it goes without saying in this business. But I wanted to make sure that he had a full understanding of the scope of what we cover on the podcast. And I was hoping that he would like what he saw. So I kept sending it to him as kind of a sales I was a sales point and see see if we could if we could get him addicted. But even

Unknown Speaker 1:12:02
that’s what you

Larry 1:12:05
but, but as we go forward, we’re hoping that we can provide services to those who can’t pay them. And that’s our goal for the nonprofit, that people kind of like what the narshall model where we provide subscriptions to people who are indigent.

Andy 1:12:18
Sure, just just to highlight that though, that if you have three 410 people in the dorm, and you guys want to all get together, we don’t care if you share it around the dorm. I mean, we don’t need to have 10 subscriptions going to 10 different people in the same dorm, please feel free to collect enough money up to support it. I mean, that’s that would be perfectly okay even share it across the whole compound if you can perfectly be happy with that. Because then once most of these people that are listening to this on the inside are going to get out otherwise this really doesn’t matter much. But so that you would come join the team and join the fight for when you get out. That’s that’s definitely one of the ideas for tribes 108 people there.

Larry 1:12:56
Absolutely. We’re hoping that we’re hoping that they can become patrons when they’re on the outside at some level. And we’re hoping that they can join the effort to push back. And so we’re we have several motivations and but but I’m glad that he appreciated the cards up lots of work into doing that. And I got one criticism, one person shredded the card up. But we’ve gotten more more compliments someone’s someone I almost my heart was palpitations. I said, my goodness, we got this. And I thought that someone had handmade a gift for us. You know, you know, they, they make these cellophane picture frames, and they do all these creative things. And I thought, well, you know, this is a puppy. Oh, hello. So there’s something good in here at all. And all it was was the cards that we had sent both from the organization and from registry matters. They were shredded. He had the tournament to pieces, and that had made the envelope puffy. So my ego went flat after I got that back along with an ugly letter saying, why did you send me this Christmas card?

Andy 1:14:00
Wow, that’s I mean, like even me and my staunch stanza loving, I would be like, wow, that was very nice for you guys to send me a card. I wouldn’t have like torn it up. Wow. That’s interesting. Isn’t it Atlanta that we know, right? That wasn’t that guy was it?

Larry 1:14:15
He made sure. He made sure that we understood that it cost him money to send it back to us and they felt that strongly about it.

Andy 1:14:23
That’s frickin crazy. All right, then. Well, then, so we can we can highlight that we got a new patron named john, but he’s actually an old patron. He’s like a returning one. And so thank you very much for coming back. JOHN. I think there may have been some revocation issue in there. That’s why he skipped down on being a patron for a while. And then to my good buddy pal Shane and he increased his patron by more than threefold and thank you my friend and congrats on the house. And otherwise Larry, we can we can shut the shut the show down by just go visit us over at registry matters.co. And that’s, you can find all the show notes, links and all that good stuff. That’s all I have for the evening Larry.

Larry 1:15:02
Do not forget when you watch us on YouTube to put what is that you check like?

Andy 1:15:09
Oh yeah, do like and subscribe and hit the bell to get notified all that happy stuff.

Larry 1:15:13
Yeah because we’re trying to drive that algorithm however it works. We need more likes we need more subscribe subscribers and we we will we’ll eventually have people flooding our way if we have more views on YouTube.

Andy 1:15:28
Good. That’s all I got there. I hope you have a great rest of your afternoon and Happy Sunday and have a good week. I’ll talk to you next week.

Larry 1:15:35
Thanks Sandy and good night, everybody.

Unknown Speaker 1:15:39
You’ve been listening to F YP


Transcript of RM159: PFRs To Be Treated Equally in California Says CA Supreme Court

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the host and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from fyp Studios, east and west transmitting across the internet. This is episode I think it’s 158 of registry matters, Larry, Happy New Year. How are you?

Larry 00:23
It’s actually 159. but who’s counting? Are you serious?

Andy 00:26
I just looked at Oh, it is 159 Oh, crap. I’m messed up. All right. 159. Happy New Year.

Larry 00:34
Well, thank you so much. Glad to be back in 2021.

Andy 00:38
It is 2021. Can we maybe take just a couple minutes? Where there? Can you think of anything super significant from 2020, from the PFR stance that that we could reflect on real quick before we dive into the scrape content for the day?

Larry 00:54
Super significant.

Andy 00:57
And I gotta hit you. I didn’t even prep you for this one. I was something I was thinking about. Is there anything that we can reflect on as being either good or bad from 2020? that we could highlight just real quick?

Larry 01:09
Well, we’re certainly we’re certainly building the body of case law in a number of areas, particularly in the First Amendment with with the the the additions from other courts that have adopted the reasoning of packing him those are significant developments. And the recognition that the generation first generation registries like existed in Alaska for more courts are are beginning to depart from the Smith versus doe analysis and saying we have to look at current generation so that those are positive developments. and expand on

Andy 01:44
that real quick since you’re talking so Smith versus doe then said like, because there really wasn’t much of an internet at the time, there were no disabilities and restraints as I really love that term, no living restrictions to work restrictions, things like that, like that registry, quote, unquote, would be okay. And I’m making air quotes. They’re departing from that thing, doing more things than that that’s not okay.

Larry 02:07
That’s correct. The lawyers are finally beginning to own the cases that are not being decided by summary judgment, they’re actually having factual development in the way of trials. The the cases are being developed where the the registers they exist today, are shown to be far more debilitating and having disabilities that didn’t exist when Smith versus doe was decided. And as I’ve said, so many times on the podcast, the Supreme Court didn’t say you can do anything you want to do. They have basically said, you can have this registry as exists now, because it doesn’t do and they went through the litany of things that doesn’t do since then. law makers have done those things. And that’s why they’re they’re experiencing losses in court because they couldn’t stop at a registry, a registry wasn’t what they really wanted. What they really wanted, was to continue to inflict punishment on people after they had been punished sufficiently through their sentence and the expiration of your sentence, that’s what they really wanted. That’s the same thing. But with the sex offender, six, civil commitment, they don’t want to do any treatment. All they want to do is continue to warehouse people, after they’ve paid their debt to society. Let’s be clear on that. That’s what they want with the registry. And that’s what they want with civil commitment. If they really wanted to treat people, they would treat them at a mental health setting. To begin with.

Andy 03:37
I completely agree with you, I find it interesting the way that you word that I was, I was following the the movement, maybe a year or so before you and I established any kind of a relationship and I never really heard anybody describe what you just said about how the registry was designed and how that Smith v doe decision. They no one ever described it as saying, well, you can do whatever you want with the registry. Like that’s how it always sort of seemed to me it’s like, Hey registry, like the voters voted for it. And it’s okay. But you really draw a line at the at that decision, like, Hey, you can do this, but you can’t do whatever you want. And like you said now with like Michigan and so many other places are having decisions come down with no you can’t do whatever you want. I find that to be really a stark contrast. And what I’ve always heard people describe how the registry is set up.

Larry 04:30
Both I’ve been told they’ve been told that like when the the part time legislatures, which most of our states have. They’re not filled with expert analysis. Analysts, I should say, they’re not filled with us. You’ll have someone coming from California, where they have a gigantic well funded legislature or New York where they have lots of money. But these states don’t have that the smaller states don’t have those resources. And the law enforcement apparatus comes in and tells them When they’re when they put forth their wish list of a new proposal of things they want to do in registration, they tell them that it’s okay. And if if if a token lawmaker says, Well, wait a minute, this seems like it might be unconstitutional. The first thing they say is the Supreme Court said a Smith versus Doe, that it’s okay. And the non lawyer people, particularly but even lawyer people, they they’re they’re looking at them saying, Bill, okay. Well, you’re saying that the Supreme Court upheld us, all right. And and they give it the thumbs up, because nobody from the registered side is there to say, actually, that’s not what the court said, is Smith versus Doe, they actually said, you can collect names. And you can do something similar to a driver’s license renewal. They didn’t say you can do all the things that have been heaped on through the years. They didn’t say that. I gotcha.

Andy 05:48
All right. Well, do you want to give us a little teaser about what we have coming down this evening? Or do you want to just dive right into it all?

Larry 05:57
Well, let’s do a teaser. We have we have some questions that were submitted. I think they all came from behind the walls This time, I think, prisoners and then we have we have a review of a decision from the California Supreme Court that came out on the 28th. It has to do with pf Rs. And then we have a small discussion on on the emergency appeal to the US Supreme Court out of Louisiana. And we’re gonna talk about Pell Grants, and they work on a bash Governor Cuomo.

Andy 06:30
As Governor Cuomo, man, we could actually probably like make that a whole segment on its own is a bash Cuomo.

Larry 06:36
So all right, so let’s do it.

Andy 06:39
Alright, well, So question number one, it says, Dear Andy, and Larry, and this is dated on 1213. And just to get to the meat and potatoes of it, is, how do I get around the internet and can connected device issue? And you handed this to me, Larry, and I said, I don’t want to tell anybody how to, like circumvent them monitoring your internet usage. So um, yeah, that one’s scares me. And I guess we can have a private conversation, but I am not responsible. Is that what this person is talking about?

Larry 07:12
I didn’t interpret the question that way. Because if you read further down, he’s asking, Can I file a 1983 or 2254? Now, so what the way I interpret and Adam, thank you for the for the question, the way I interpret our question is, he wants to, he’s anticipating that he’s going to have these restrictions to deal with when he gets out. And he’s correct. In all likelihood, he’s got to have restrictions he did not know about, that never came to his attention. until until, until he’s on supervision. So he’s learning to file now to try to extinguish those restrictions. And as his first point, I would say that this is getting close to having an individual wanting advice about their case, which we’re not allowed to do. But generally, I would say without, without crossing that line, that if you file something now, while you’re still in custody, and you have not had these conditions handed to you, and you have not been told to sign these, these could apply to you. I can tell you this, if I were licensed to practice law, and that petition came to my desk, my response would be as follows. That this is hypothetical, that that that this, this might be an issue and it might not be an issue. That is a distressed upon speculation. And I would ask the court to dismiss this request, because you don’t know yet what you’re going to be required to do? I don’t think so that would be by my expectation they would move to dismiss because it’s not ripe.

Andy 08:51
And this goes to having standing because you’re not being harmed. You don’t have controversy yet.

Larry 08:59
But well, he would have the requisite standing if the conditions were imposed on him. But But if they have not been imposed, if he if he if he’s just imagining based on what people have told him, that he’s got to have these things. He’s he’s he’s he’s pretty mature. And courts don’t decide hypothetical questions. Right.

Andy 09:22
Interesting. And 1983? Is, is that just like codeword for a hideous? No, the

Larry 09:29
25th force ABS to the 1983 is the civil rights 42 section 42 us code?

Andy 09:36
I’ve heard that brought up on another podcast before okay.

Larry 09:38
Yeah, yeah. So so. So yeah. And I would guess that that that, that they would try to extinguish the petition, if you filed it now, that would be my expectation. That’s certainly what I would look at if I if I were faced with it. And I know people get angry, but always try to imagine that. I mean, the other person’s, the other party she was I would imagine what they would do. It helps you know what to do if you don’t what your opponent’s likely to do.

Andy 10:05
So yeah, that’s fair. Yeah, you when you’re when you’re playing chess, you should play chess from the other side of the board and try to figure out what they’re going to do to figure out what you’re going to do. Don’t just make your moves blindly. I wanted to share on this then just a teeny little bit of anecdotal, before I was released, knowing that I kind of live by computers, I had someone call, like, figured out who my probation officer or potentially predict probation officer would be called the office and said, Hey, so and so’s getting out soon. And you know, they use a computer and they said, Nope, not gonna happen. And, oh, crap. Now I got all this fear and anxiety. And I get to the office, when I’m released, like, in maybe it was the day or day after, and I go sit down, he’s like, and I handed him a letter from the company that I was going to work for. And he said, Just don’t do anything you’re not supposed to do. And that was the end of it. And I’ve never had any issues with computers since. So it’s really interesting how it just was like, like nothing. I see all these things of people challenging and having restrictions and it just never applied to me.

Larry 11:05
Well, I mean, I can I can say that he did say that. Adam, on this question. He does say that, that this was imposed on him, but he was previous on probation. Now, he, his argument would be, hypothetically, that he can anticipated when he gets out again, they’re going to pose that condition. But again, since it wasn’t imposed by the court, and just as you pointed out, you may he may have a different probation officer, the case law may have developed since then. And they may what they did previously, they might not do again, like I say, I think there’s probably not anything a person can file this particular situation until they actually have the restriction imposed on it.

Andy 11:41
And everything matters based on your probation officer based on their supervisor based on the county based on the state based on like the overall climate of what the pressure is to like, I mean, so many things could have changed from whenever this happened originally. That’s correct. All right. And then we will move on to question number two. And this says listener question from Rm 150. Oh, four one Rm 159 says perhaps this question is asking for more speculation than intended. But what is the legal significance of something being labeled a utility? And if things continue to move in this direction? What might this change about the exercise of blanket internet bans, after all supporters of such bans like in the practice to revocation of driving privileges for those convicted of major traffic offenses, but I would argue that a person today has greater access to alternatives to driving than to any real alternative to the Internet, and that the practice of blanket bans is more akin to telling someone that they can not have power in their home because their offense involve the use of electricity. What are your thoughts? Can you imagine that someone uses electricity to grow marijuana, and you know, their electricity bill goes through the roof. And because they use electricity to commit that crime, then they are no longer allowed to have electricity.

Larry 12:55
I mean, it’s a it’s a great analysis of correlation there that, that that a, and I think that we’re going, my personal thought is that we are going to move more towards the internet being viewed as a public utility. But the it all starts out differently than the public utility concept came about because of, it really wasn’t practical. When you think of public utilities, you think about water, electricity, and gas, it really wasn’t practical to have all these competing companies stringing wires, you choose your electric electric company to buy electricity from. So so you end up having monopoly monopolistic practices within a service area, and the the the companies were they they agreed to serve everyone in the service area. And in exchange for the regulatory paper, in the old days, companies were guaranteed a rate of return so that would they would the public utility Commission’s would set the rates in the state sufficient to guarantee the competent, 10 12% rate of return on their investment. And they would agree to serve everyone. But the internet did come about that same way. You don’t need, you don’t need the you don’t need wires and pipes. You need water for your pipes for water pipes for gas

Andy 14:22
too. Because that said, you don’t have the tubes.

Larry 14:26
You don’t. You don’t need the same infrastructure on the LD internet. But But regardless of whether you need the same infrastructure, people, people’s lives depend on the internet more and more, you you you can’t do it. I mean, you can actually deal with social security by phone. But But people now create an online profile for their social security to manage their benefits to apply for jobs to do everything. They do it online. And I think if you if you listen to what the President’s argument is about the section 230 He’s making a tangentially similar argument about about how he’s being denied access. Because because of the, you know, the restrictions because of the truth detection, that that that Twitter and all these platforms are saying that that they won’t allow untrue things to be posted. You know how they’re bartering content. The President’s making that same argument, yeah, he’s making, he’s making simple argument that, that they shouldn’t be allowed to do that. So I believe with his power, and people like him, recognizing that, that that, that the internet is an integral part of everyday life, we may be moved towards that. It big defined as a public utility, but it’s not that way. today.

Andy 15:46
He, as someone reached out to me and told me that they were watching Trump do a town hall of some sort within the last week, and it was only and maybe he was watching it on Facebook. And I like all of my little Tingley senses went up, I was like, oh, if if the President of the United States exclusively used Facebook to deliver their message, oh, my God, everything would have to come down. Something I heard about, if a restaurant wanted to not serve a group of people, like they can choose to do that. But if a politician goes in there, it has to be open to everybody. Because you can’t say, segment the population from a political point of view. And if Trump started using as a political official, you know, after he leaves office, then then that would all go away. But he can’t just use, I’m sorry, he could use Facebook as that only platform, but then Facebook could not restrict access to anybody from watching it.

Larry 16:44
So while I like, I like the way you’re headed, if if if public discourse is more and more online, which by this pandemic, we’re going to have our legislative session that way, they’re going to they’re they’re going to be the committee meeting is going to be virtual far as I’ve been able to hear. If you were not allowed on the internet, you will not be able to participate, you would be excluded from government because the capital buildings Don’t be locked down tighter than a houndstooth this year. And that’s a colloquial term there for those who are not resolved.

Andy 17:17
But when you say they’re going to be done, virtually, they’re going to be using their own platform, they’re not going to be doing these things through Facebook, Twitter, like none of those massive social media platforms, they’re going to, for lack of a better term, they’re going to make a zoom meeting for their for the events.

Larry 17:34
But wouldn’t if you were not allowed to have an internet accessible device? wouldn’t matter if you had a blanket ban? Wouldn’t that keep you from being able to, to, to hook up to it?

Andy 17:45
Totally. It’s just when we talk about these internet bands for people, you have repeatedly said only under the most extreme of circumstances, like they can’t restrict you from using the internet, but they can heavily restrict it and monitor and so forth. That Facebook then is where our challenges of blocking people. So if your legislature is hosting these things online, then that’s that’s the difference that I’m making is most most most everyone has access to some kind of device for them to participate. It would only be in those rare circumstances. But God, Larry, what do you do, like you have said, if they made a ban with like the 1000 foot restrictions, I remember Paul Doobly, putting up a map with the circle of the state capitol. And there was some sort of daycare or something within 1000 feet, and there’s a presence restrictions you’d like I’ll be damned if I’m not going to the state capitol to redress my grievances. Because of that 1000 foot circle, I am going to the Capitol, and I’m going to go talk to those people. Would you then apply the same logic here if they said you can’t use this, but that’s the only way for you to participate? Would you go do it in any do it anyway?

Larry 18:49
Well, it’s easy to say what you would would do face to face learning the consequences, but it’s one of those things where someone has to be willing to do it, because that’s one way to bring the controversy and the constitutional challenge forward. Like Well, you you would have standing to file if there were such a restriction imposed on you without placing yourself in jeopardy, but it makes more of a potent point if you if you do it in real time. You know, if you say hey, I’m showing up to capitol because during a session for 30 days that I have to be here now. Otherwise you pay it might take you a year to two before you get anything but get your case to court.

Andy 19:31
Interesting. Wow. All right. And so then to highlight the point, though, is that there there isn’t really any sort of alternative to the internet. So like you know, we can’t it’s sort of how connections got created with ourselves that we could at least have our own social media platform. And but you don’t have an alternative on when you look at the Burger King, marquee and it says go to P BK jobs calm or whatever to apply for a job. You don’t have an alternative.

Larry 19:59
That is correct and supervising authorities, I hate to break it to you what you’re going to need to do. I know it’s complicated for you. But what you’re going to need to do is you’re going to need to develop a list of internet sites, that would be problematic. And you’re going to need to develop a criteria for offenders who you can legitimately restrict from those problematic sites, you’re going to have to let go of this notion, you can ban everybody from everything. And you’re going to have to strategically target restrictions on people for particular sites. And if you’ll do that, I know it’s hard for you. But if you’ll do that, you won’t find yourself in court all the time with these constitutional challenges.

Andy 20:40
It’s not rocket science, it’s not even that hard to do there. It’s just not that hard to do.

Larry 20:45
Well, it is for them, because they’re afraid that they might overlook somebody See, human beings can be charming. And you can have the most beautifully drawn criteria in the world. And you can have people who could smoker folks that get an exception made for them. And it was that exceptions may end up or something goes wrong. There’s the fear of when those cameras come rolling in. How did this person have access to do this? So it’s easier just to have a blanket ban? Because Did you don’t have people falling through the cracks? And but they’re going to have to get beyond that they’re going to have to actually develop criteria for what sites are problematic. And what individual characteristics on offenders make those sites problematic. And if you’ll do that, you’ll be able to constitutionally supervise people and protect the public. And I know that’s a difficult concept, but that’s what you need to do.

Andy 21:41
And then we’ll move over to our third question. It says hello, I wanted to ask a question I hear it’s extremely hard to transfer supervision of pfrs to New Mexico, then I heard that all pfrs have a curfew if you’re not at work. They say you can’t live with your own kids. I have a 17 year old son and my wife and I plan to have more children in the future. So I would not be able to live at home. That sounds insane. Also, what are the residency restrictions eg 1000 foot rule all that just curious. We need to find a decent place to live in a landlord that will rent to a PFR if you have any information that can help, please let me know. My wife has a Bachelor’s of Science blah, blah, blah. I don’t see how any of that matters, but then says thanks again for remembering me over the holidays. Larry, this is your neck of the woods.

Larry 22:28
Well, since I don’t see it anymore, I had it in the Dropbox, you’re gonna have to go through the questions. There was several questions and there were so we’re gonna have to go through them. I again, expect my memory to be that long.

Andy 22:38
I do. Still there and Dropbox. I didn’t move it. I just copied it. Oh, I did so yeah, it’s still there. But it says I hear it’s extremely hard to transfer supervision of PFR to New Mexico. I think it’s probably equally hard everywhere. Nobody wants you.

Larry 22:57
So yeah, that would be that there’s nothing that unique New Mexico may be a little more zealous about the trying to invent something to turn the defender down for some states might actually just go strictly by the rules and and the Mexico is known to to invent something they’ll say well a school bus stop just might locate here. It’s not here now but it by so with with New Mexico I I would say that it’s it’s a tough one to get an out of state supervision transferred here. And but but I don’t think any state is open and welcoming. I just out the folder now. Okay, so so Yes, that is true. curfew then

Andy 23:43
Yeah, go ahead. curfew. Yes.

Larry 23:45
Yes, curfew curfew is is common. It can range from six o’clock on at five or six in the evening. Early curfew. And I think the latest that they’re they’re granting is a nine, a nine o’clock curfew. Now that there’s an exception for that if your job goes past nine o’clock, but if your job doesn’t go past nine o’clock, you can’t be out past nine o’clock. And then the but you can’t say your kids, I’ve never heard of that. So I think that’s a little prison mumbo jumbo there. If you had it inside the home victim, meaning that the offense happened within the confines of the family unit, whether it’s a child or a niece or nephew. If you had an inside the home, hands on victim, they will look at that with a great deal of scrutiny. Because there’s justification there. I mean, that’s them doing their job. If, if you are going to to be supervised for a sexual offense that you had a hands on inside the home offense, you’re going to run into some problems. But if you just simply have a biological child and your offense had nothing to do with them. The family unit, I don’t recall them giving a great deal of difficulty for people living with their kids. So that so that that one is not something I’m familiar with.

Andy 25:11
And then I guess we can move over to the that sounds insane part, what are the residency restrictions, 1000 foot rule and all that jump.

Larry 25:19
Now, keep in mind, we don’t have any restrictions imposed by the registry itself. These are only conditions that apply while you’re under supervision, it’s 1000 feet from, from schools, playgrounds, parks and places where children are likely to congregate with 1000 feet is it’s not really clearly defined. Last time I looked at the probation parole department policy, it says, well, it doesn’t tell how they take the measurement doesn’t say if they measure it from the outermost property line to the structure. But it’s generally 1000 feet. So when you’re thinking about where you might want to live in Mexico, you would want to measure in the most ridiculous way that you could imagine that they would measure it out. So that you would make sure you are at least 1000 feet in any way that they could calculate it. That’s what you would want to do. Yeah, I

Andy 26:15
was a friend of mine, like blindly bought a house, he just like up, I’ll buy this one I was like, man you are just playing with. I mean, he bought one that’s so far out in the middle of nowhere. But I was like, Man, you don’t know about some sort of daycare, that’s somewhere around the corner. Like I was like, Oh, my God, you’re gonna close on this house and be like, sorry, you can’t live here.

Larry 26:34
That has that has happened on occasion?

Unknown Speaker 26:36
Of course it is.

Andy 26:39
Let’s see, we need to find a place to live with a landlord that will rent to a PFR. I you know, like that’s, that’s just you just have to go through the numbers. And you know, and call this one call that one call this one call that one. And I think that’s about it.

Larry 26:53
Well, actually, the Liberty and Justice Coalition, which is the state affiliate, we actually have a member who is very, very good with pfrs. His his rental units are not in the high rent district. But he is very, very accommodating. And so we would certainly have a door to open now, if you’re looking for looking for exquisite high end housing. He doesn’t have any of that. Most people that we deal with are not looking for that high end housing. They’re just looking for average housing. And yes, we would have someone we can refer a person to that would that would not discriminate based on the DFR stats.

Andy 27:33
Do I know this person?

Larry 27:35
I don’t think you do.

Andy 27:37
Okay. Very good. Let’s see, that’s questions one, two, and three. Well, then let’s go over to what would be essentially the feature event and this is the case with Janice Bellucci in California. And she’s well known for those. She does a lot of work on behalf of the pfrs Can you give us like the the quick two sentence version and then we’ll dig into it?

Larry 28:00
Sure, this is this is a case that arose because of Proposition 57. And proposition 57 was one of those famous citizen ballot initiatives that was supposed to help reduce prison population, which California has been grossly overcrowded for years. And, and the implements implementation stage of the proposition. They decided even despite the language in the proposition itself, that they will go to exclude people that were required to register for a present offense or anyone who had a previous offense, regardless what their offense that we’re serving present time for. So this case be entered his way to the court and favorable decision came down on the 28th of December from the California Supreme Court

Andy 28:48
that they would not be working right there at Cal at Christmas time.

Larry 28:52
Isn’t it absurd that they were working?

Andy 28:55
That is alright, well, then we have a bunch of questions that we can go over to dig into the content here. So So you put this in here called v. Galvin, it was just released on the 28th I read it I man, look, I didn’t read the decision. I’ll be honest with you. And you’re just bored though, aren’t you?

Larry 29:15
Not really.

Andy 29:18
Alright, did you need something to do over the holidays? that’s what that’s what this is all about.

Larry 29:23
No, I thought this might be relevant.

Andy 29:26
Okay, um, and it’s everybody knows you. You don’t have a right to parole. So what is the beef here? Why is this person making all this hoopla and, of course, why are they making decisions over Christmas?

Larry 29:39
Well, the the reason why the person is making all the hoopla is because the the the, the initiative did not contain the restriction that the prohibition for from parole consideration that the department the California Department of Corrections and Rehabilitation that they invented But as I recall, any California can correct me but I do. Recall, I think when this was being implemented after after they have to the ballot to the language on the ballot, they were concerned and Jerry Brown discovered at the time, and he promised that you don’t need to worry, these kind of people won’t be paroled. And therefore, when the brown administration left, and the Newsome administration came in, a lot of those people with the California Department of Corrections revealed, but rehabilitation are still employed there. And they continue with that strategy. So they implemented regulations that they cut this guy out from consideration, even though he should have been considered. So that was his beef. He said you you’ve had been at a requirement that’s not in the law.

Andy 30:49
And this individual had prior sexual convictions, but this one was not based on that. This his current conviction.

Larry 31:00
Yes, he had. He had some old convictions from from a long time ago. But all he did this time was armed robbery.

Andy 31:08
I mean, all okay. I mean, I can only deal right, you just grab some iron and you go do what you do.

Unknown Speaker 31:15
I did the California

Andy 31:16
Department of Corrections, just disregard the will of the voters and implement its own version of what I thought was best. Would this be a case of bureaucracy inventing its own requirements.

Larry 31:26
That’s precisely what it is this, this is the, I’m sure at the urging of the previous governor, and I’m sure without any objection from the present governor, that that they feel felt and still feel despite the furlough, they still feel the same way. They feel that they are protecting the community. And that if the voters had only known that they were going to be releasing these people with that language, they would have wanted that language in there. So they actually, they did the voters of favor in their view, and they created a parole process, but exclude these evil people. And this guy was his convictions from sex offense go way back. And he’s not serving time for for that now. And and but they’re protecting the community. That was that was their theory.

Andy 32:16
He’s serving a mountain of time to he’s serving like a 25 or 35 year sentence, depending on when I read through part of it like, that’s what I saw. It’s a mountain of time for the armed robbery.

Larry 32:26
Well, yeah, because he was also under three strikes. He, that is a thing too. Yes, he had to show how far back he had a 1984 conviction for forcible rape, and 1986 condition for forcible jobless nation. So we’re talking about how many years ago? That’s for almost 40. Yeah, so we’re following his conviction in 2007. Which is what he started time for now. He, let’s see, forgetting what to say following his convictions. He was sentenced to total prison term of 35 years to live consistent 25 to life for the assault with a deadly weapon under the three strikes law. So so he was under three strikes.

Andy 33:12
I mean, okay, forgive me, I don’t want to like minimize what the crime was and how much time he’s going to serve. But if he committed his first crime and 84, we could, we could assume he was of something of rational age, let’s say he was 15, which would be really young, but I’m thinking he was older than he’s up there in years now. I mean, he’s like, pushing 55 or 60 years old now.

Larry 33:37
Well, he’s older than him, but those last year, but but, hey, he still was out of prison. So I don’t know what that has to do with it. I mean, are you saying that he wouldn’t be a danger now?

Andy 33:49
I mean, that is essentially, you know, with medical expenses with people just not being able to move as briskly in older years than younger years. You know, you don’t see people running in the Olympics that are 80 years old. They’re usually in their like, teens or 20s. So I’m, it seems that quote, unquote, they age out and like the level of threat would go down over time. You don’t run around seeing grandpa robbing banks very often.

Larry 34:14
Well, he, he’s clearly, he’s either gotten away with many sex offenses since 84 to 85, or else he’s he’s not been doing sex offenses. But clearly for some period of time, he was engaged in criminality that’s that was that’s what rendered him under the three strikes law he continue to engage in. But philosophically, I don’t believe three strikes law should exist because as you’re playing out, once you get older and older, all you end up doing is having your prison become an infirmary unit, which that could that care cost that incarceration and care cost more than a regular young prisoner. The person has variable threat to the community, but yet the cost of their care and the prison is much higher than a regular that that anonymous informed inmate. And I don’t know about you, but I’d rather have them embattled federal benefits, collecting money on their social security through eligible their SSI or something else, rather than swit. Using state funding to keep them in an infirmary? I don’t. To me, that’s just a no brainer. Yeah, I

Andy 35:20
like federal benefits, like, what do you think that they would pay out? Like, could we say 20 grantee, I mean, this guy’s also spent a bunch of time in prison, his his a security money wouldn’t be that high to begin with. But we’re gonna spend 50 grand to keep them locked up. And maybe

Larry 35:35
even more, depending on his mental deterioration medically for a person in prison for life. Their their cost of care goes up. I mean, I’m not saying they provide great medical services, and that you’re going to get nice comfy hospital care in prison. But regardless, it does cost you more to incarcerate a medically challenged, it may

Andy 35:55
interest interesting. And now Now we move into the case of like, from from an economics point of view from a What am I thinking of like a libertarian, like, let the economics like bear it out? And our capitalism bear it out? And this this doesn’t sound like a good model for capitalism at all, keeping people locked on?

Larry 36:14
Not at all.

Andy 36:15
of would this be one of those cases where a textual interpretation save the day?

Larry 36:21
It actually is the this this case was was initially went through what he filed a habeas petition, but it’s Superior Court, which is a court of general subject jurisdiction in California. And the Spirit court judge denied him and he filed an appeal with the California Court of Appeal, as they call it. And the California Court of Appeal reversed. It said, You’re right. And they they went strictly by the text, they said there is no prohibition in the text of this proposition, this constitutional amendment. Therefore, you can admit it California Department of Corrections and Rehabilitation, you cannot event that. So this was actually some textual interpretation from a very liberal state I might add

Andy 37:05
is can we then say that they’re inventing their own things is that similar to Sheriff long and butts county

Larry 37:12
is a great deal of similarities that he invented his own thing, that the only difference was that, that at least they had a backdrop they had a proposition. A lot of just totally embedded at the Halloween sign restriction out of thin air. There’s nothing in Georgia statute anywhere dealing with Halloween. But But other than that, he did invent his own restrictions. And this is what CDCR did. in California. They said, Well, we appreciate the concerns of voters, but we are going to keep you safe. And truly, a lot of voters would be very pleased that I took that posture.

Andy 37:47
Yeah, I’m sure. And then this is over. There’s nothing else that’s gonna go on now. The California Department of Corrections is going to start treating PFR as the same as everyone else.

Larry 37:59
I wish I could beat that optimistic, but unfortunately, I can’t I believe that they will they big CDCR. They’ll do everything they can to obstruct parole for those convicted of sex offenses. And in fact, I wouldn’t be surprised to see another round of voter initiative, or even a legislative enactment if they have, if that’s permitted, if you can modify a constitutional amendment to a legislative enactment. And I’m not sure that you can, but I would not be surprised to see either or in terms of trying to, to fix this. There will be a backlash in California. I know, I know. It’s supposed to be a red state. But the blue state there’s there will be a backlash and particular led by the conservatives, they’re going to say that this is going to result in a tidal wave of unsupervised on accountability. And I would not be surprised if if there is an attempt to to legislatively, change this to put more restrictions and say that you that you don’t have to consider these people now hope I’m wrong. But that’s what I would not be surprised at happened.

Andy 39:04
Can we backpedal a little bit. I’m drawing a blank on the judge Persky, Judge Persky, that he was removed, because he was he he did what a judge does, and he adjudicated the Stanford swimmer guy and lost his name to that. So he said, hey, look, you’re just going to basically get like probation, because you’ve already done some time served and the registry is really horrible. And the voters went back and can’t him.

Unknown Speaker 39:31
Is that I guess

Andy 39:32
what I’m asking is, is that pulling the judge out, voting him out? Is that similar to the proposition that California is can do they can vote directly on bills? Or could any Yes, like? Yes.

Larry 39:46
No. Thankfully not. And yes, they recall they used to process and the recalls are common in California. In fact, Governor Newsom has got a petition pending against him now and and the court extended the deadline for the petitions. The requisite number of signatures I need like 1.495. They’d like 1,000,004 95,000. signatures. And and but that every governor endorsed that. I mean, there’s always a petition circulated there’s always an effort to recall it a governor Gray Davis got recalled back in 2003. And so it recalls that’s in their blood. Okay. But

Andy 40:25
this is the only state that does that, though. Right. Is this the only state that has the the ballot initiative process?

Larry 40:30
No, I don’t think so. We have we have constitutional members here that go to the voters. But it seems like in California, it must be much easier. It’s apparently it’s a lot easier to get something through to go the ballot here the legislative hurdles are pretty high to get a constitutional amendment, because we take the constitution seriously. You know, the Constitution should not have day to day operational initiatives in the in the state constitution. But but in California, apparently, it’s a lot easier to amend the constitution and put it before the voters. And that’s how they end up with the three strikes law. That’s how they end up with these things. Like I harp on proposition 13, for back in 78. They, they have that, and I would not be surprised to see the big, pocketed donors coming here to support the law enforcement apparatus to say that we need to close this loophole because the parole board in California is going to be forced to release these people, and that they need to clean the language up to say that there are additional people that are not eligible for this for this privilege. That’s what that’s what I would not be surprised. I’m not rooting for it. I’m not engineering it. I’m telling you, I wouldn’t be surprised if I saw them, if that’s what they do.

Andy 41:48
And then finally, like you just can’t help yourself, because you wanted to start off 2020 with your typical doom and gloom.

Larry 41:57
What was doom and gloom, but this was a great decision. Well, yeah,

Andy 42:04
that’s how you ended 2020. I guess, I guess we wanted to make up for it.

Larry 42:08
Oh, yeah, that’s a great decision. But but all court decisions, I think we’ve had King alexandrova as a guest from Louisiana many times several times. And, and he will tell you, every time they went something in court, the legislature tries to do it. They just simply go in and pass a new law. We see that what happened in Michigan, they passed a new law, that still the law that they passed, I think it’s better than that existed previously. But what they do in Pennsylvania, they passed a new law, what they do in North Carolina, as Paul Dubey wins cases, they pass on new law.

Andy 42:42
And the remedy for that is to put us in the put us to get in contact, build those relationships to try and stop things. Fourth, fourth things before they make it to a vote,

Larry 42:53
that you have to extinguish this stuff before it before it passes. It, I guess a bad example of the one that Governor Whitmer just signed the the the revised registration all in Michigan, as I predicted on the previous episode that we recorded before the holiday. She was going to sign it and she did. She had really no choice. I mean, yes, she did possess the power to the toy, but she wasn’t going to because of all the if you look at the proper consideration, setup that a governor have been looking at our president, you can tell at all likelihood, what they’re going to do. And just like with the defense override, yes, the President did possess the power to issue a veto from the National Defense Authorization Act, you can do that. But the Congress is not going to stand by and let the military be unfunded. And it was easy to predict an override, because I dealt by just going to stand by with the military go and find it.

Andy 43:52
Ready to be a part of registry matters, get linkset registry matters.co. If you need to be discreet about it, contact them by email registry matters. cast@gmail.com you can call or text a ransom message 27472274477 want to support registry matters on a monthly basis, head to patreon.com slash registry matters. Not ready to become a patron. Give a five star review at Apple podcasts or Stitcher or tell your buddies at your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting without you we can’t succeed. You make it possible. We should so we’ll close out that section and we don’t have it on the roster. But can we go over and talk about the the Michigan signing? I know that you said that it was going to happen so we can chalk that up to a layer was right. But what are the politics what is what? Like this is a person that has come out in the favor of saying that the registry laws are Extreme and so forth. I don’t remember all the Whitmore said, but why would she go ahead and sign this thing?

Larry 45:06
Well, I don’t think she said that. I think it was the Attorney General Nestle, Nestle that said, That’s

Andy 45:09
right. That’s right. That’s right. That’s right.

Larry 45:12
But but but you can rest assured the attorney general’s office. First of all, the Attorney General never did see that brief had no idea that that was written. The Attorney General’s Office of Michigan’s a vast operation. And the Attorney General’s name goes on everything that’s filed on behalf the attorney general. So our people got all excited that that data Nestle’s, they don’t Nestle had no idea that that was even written. She had no idea the case even existed, and all likelihood. But But when when that brief was written, that was approved by a supervisor in that section of the HHS Office, and it was filed on behalf of the State of Michigan where they conceded that the registry as it existed, Windows 2006 and 2011 A members had become punitive. Those were reboot with this legislation. So So the big things that the court were concerned about, were dealt with, with this change, those things have been stricken. And and I don’t know why people are finding that so confusing.

Andy 46:19
Okay. And just like you were describing, in comparison with the defense authorization act, that they overruled the veto with, like 80 something votes, it wasn’t even like, Oh, God, we need to get just to the two thirds to get the 66 votes they needed to get, you know, they had another 20 votes on top of that.

Larry 46:37
Correct? Well, what what you have happened here, the the ag is office, I had given the Go ahead. And I’m not in direct contact with Michigan ag office. But I can assure you that since they were part of the litigation, they would have given the they would have given the legislature the green light saying in our view that this meets the the this beats the requirements to bring us back within the constitutional framework, as the Sixth Circuit has determined that we were out of compliance with the Constitution. And so the lawmakers passed this bill. And it wasn’t unanimous, but it was pretty close. It was overwhelmingly this this this legislation pass. So you have a governor who has a federal judge, who’s not allowing the registry to be enforced, which is actually what, what, what triggered them to legislate because the as I said, while we were watching this unfold, that there’s no incentive to legislate as long as the old law was being enforced. But once the old law could no longer be enforced, which in 2020, the federal judge sets times up, you can’t enforce this anymore, you’ve had plenty of time to legislate. Well, magically, they became a priority at that point. And they did, they did the minimum that they had to do, and that the HHS Office would have given the governor’s office the green light, saying we think this beats the requirements to be constitutional. For the governor at that point on our own initiative to veto that she would have been slapping the face of the entire state of Michigan because it was almost unanimously passed. And it would have left people off the registry, they would have vanished because they that that unconstitutional law was not being enforced. So you would have a sitting governor saying despite the fact that almost all of you that were elected by the people have vetted this, I know best. And I’ve got to prevent 1000s of people from being visible to the systems the state. That’s not a very attractive position to be in, that would atop the new cycle in every media market in Michigan, for days on end, it would have been a major distraction to her coming up to her her legislative agenda for 2021. And it would have been fodder for for defeating her the next election cycle. She wasn’t going to do that. So if you’re looking at a place you’ve been, our considerations would have been, you could easily figure out that he was going to sign it i’m not i’m not particularly gifted in this area is just our considerations would have been what I just said, and she would not have wanted that distraction.

Andy 49:07
Oh stop, you have like a crystal ball and all that kind of stuff.

Larry 49:11
So would you want that distraction overshadow your 2021 legislative agenda that you vetoed a bill that almost everybody in Michigan was for?

Andy 49:20
Yeah, that sounds like that would go over poorly when you try to get reelected.

Larry 49:25
It would it would be it would have been such a distraction. And it would have come out of left field like her office. Her legislative team was aware of what was passing. They may not have been in agreement with every aspect of it. But they had signaled clearly believe me that the process works different than what people think the governor’s legislative liaisons are working with legislators, and they would have known if the governor’s office had any objections because the governor is usually consulted, maybe not the governor personally but their team is consulted. So so the governor office was also involved in this process.

Andy 50:04
Alright, then let’s move over to someone over in discord posted this it’s the Supreme Court refuses Louisiana’s emergency request to reinstate sex offender ID law. And like the bottom line up front is this good news, Larry?

Larry 50:20
Absolutely. This is great news. I don’t know what action that the that the Supreme Court Justice assigned to the Fifth Circuit took? I don’t know if if Justice Alito just pointed it to the full court or if he made a decision. And then it’s I don’t, I don’t, I didn’t follow that closely. But the fact of the matter is, the state of Louisiana is going to have to file a regular cert petition with the Supreme Court. And they’re going to have to wait for the response from the other side. And they’re going to have to wait for the Supreme Court to put it on the calendar. And they’re going to have to wait to see if they can find four justices that want to hear this case. And in the meantime, they’ve got an unconstitutional law. So if I’m the attorneys in Louisiana, I am going to at this point, I’m going to ask for for relief in the form of an order saying that they can no longer enforce this law, because they’re going to enforce it until they’re told they can’t. the finding of unconstitutionality hasn’t stopped him from enforcing it. We’ve talked we’ve had a guest or we’re not a guest, but we’ve had one of our patrons where we’ve talked to him as far as he said, in Louisiana, nothing’s changed. So you’re gonna have to you’re gonna have to go into to the to the trial court, and you’re gonna have to ask for, for an injunction to stop enforcement. That’s what you’re going to have to do. And that’s what I would do at this point based on the facts of Supreme Court would not take the emergency appeal.

Andy 51:51
And then this means like, they aren’t enforcing the law too.

Larry 51:57
Well, as far as I know, they are. Yeah, we talked to we talked to a guy a Discord. He said that they were done, nothing had changed. They were still enforcing law. But But I’d take a declaration something’s on constitution doesn’t immediately stop enforcement.

Andy 52:11
Clearly,

Larry 52:13
well, it but it doesn’t leave. Even the best scenario, because the case there, there has to be the remand has to come down to the band aid has to come back down. And then you have to ask the trial judge to issue an order, based on what the Supreme Court said. So all that stuff hasn’t happened yet. But I’m saying that now’s the time to go to trial judge if the if if this case has if the mandate has come down from the Louisiana Supreme Court has to trial judge to issue an injunction against the state of Louisiana, you can’t do this anymore.

Andy 52:44
There’s a particular sentence in here that I really, really wanted to find. I saw it when I read through the article and I I’m not positive to this one. Is it? But it uh, where did it go now? Uh oh, there it is. It says the state’s brief said the law should be reinstated pending the appeal because the danger is not theoretical children die when recidivist sex offenders hide their status. I that is some severe hyperbole that I that some of the worst that I’ve ever heard that is so inaccurate, that like you hide your identity, therefore, you’re now able to go out and do the bad things. I don’t think that the ID is going to prevent them from doing it or encourage like, that’s not even a factor.

Larry 53:28
Well, that brief I did a skim read of it, that emergency brief that they put to the US Supreme Court. It was so filled with that type of hyperbole and just nonsensical arguments that they made. And they even interdicted this shelter argument, they said that, for example, that those we just have had storm activity in our state, and that the emergency shelter operators would not have known that these people without this big step folder ID I mean, this is vital. But remember Louisianans, you elected that attorney general’s office, and you fund that attorney general’s office with gobs of money. If you don’t want them doing this, he a, you vote for a different candidate, you vote for someone more like Nestle in Michigan, but you would never do Luciana and B, you look at reducing the amount of funding that they have. With less funding, they can be less creative because they don’t have as much free time on their hands and I keep bringing it up every opportunity, because funding is what allows everything to be challenged.

Andy 54:36
If you want to get a barometer of what the Joe Schmo public thinks of situations like this, go over to the article in the show notes and look at the comments section of what people are saying about this. How this process went about and the people involved in it. And it’s it’s not it’s not at all nice at all. That’s I will leave it at that and use your own judgment to go Check out and see what people say. These are the people that are that we are fighting against. By the way, that’s that’s what I’m really trying to get to is if you’re trying to figure out why the public is not on board with helping us in any way, take a look at the comments section and how they characterize things.

Larry 55:16
Absolutely. And Jeff Landry’s office, Hayes thinks that they’re doing the will of the people in Louisiana, and they’re doing what is best for the citizens of that state. Like that, I get that I get that just right on the accent.

Andy 55:36
I think so I think those spot on then we can then move over to the Hey, oh, I saw this, uh, just like, right, right? Maybe the day after we recorded our last podcast and says Congress clinches deal to restore Pell grants for prisoners 26 years after ban? I think this is amazing. So it almost inspired me to go commit a crime. So I could go to prison and get a Pell Grant. Not really. But it brought up brought to my attention because I would have died to get some, some money to go get some education while I was gone. And it just wasn’t available. And I had no idea it wasn’t available. What do you think? Well, I

Larry 56:14
think it’s fantastic. And you wouldn’t have to go to prison, your your Pell Grant eligibility would be the same if you’re in a community if you were economically eligible. I think that’s the grant based on need, if I’m not mistaken.

Andy 56:28
I agree with you. But you know, when you go to prison, they have a tendency to like you’re the company we’re working for before stops paying you.

Larry 56:35
income streams are very challenged for people in prison. I’ll concede that. There are some there’s some things that keep paying but a lot of things don’t. Employers typically don’t and private pensions continue to come. Some government pensions continue to come Social Security doesn’t. I think the VA continues to pay. Yeah, I think you’ve earned that from your service. So So it depends on what, what what you’re collecting, but income would be a challenge for most people in prison. But it’s

Andy 57:06
roughly the lack of last paragraph says House and Senate leaders also agreed to boost the maximum Pell grant awards by 150 bucks to 6495. So you can get almost 6500 bucks a year. And you could certainly find some accredited schools online kind of you know, correspondence course kind of things. I think you could find stuff in that in that range to get some education situated while you’re gone. I think that fan freaking tastic

Larry 57:31
Yeah, these liberal do gooders are just looking Bobby Scott representative from Virginia, Patty Murray as liberal democrat on the Senate Education Committee that made it, these people are always looking to find ways to create more government spending.

Andy 57:51
And like one of my arguments for doing this is, first of all, not everyone would qualify because there’s a crap ton of people in prison that don’t even have a GED, so they wouldn’t qualify for any of this money to begin with. And second of all, then the number of people that would be interested in doing something would be would reduce the the number of people that are trying to do this also, the only thing that comes out of this is someone leaves prison with some kind of more education that would help them find economic stability, that probably would lead them to not commit another crime to go back to prison. And as you always point out, get them paying taxes.

Larry 58:26
Absolutely. Now, to be fair, this was a bipartisan thing. There’s this was there were a lot of Democrats, but the Trump administration signed on board. But now let’s be clear, the initiative started under the Obama administration with a pilot project called Second Chance pill. And that that was one of those things that started in the previous administration, and to this administration’s credit, they helped bring it to fruition. And so we deserve to recognize both presidents for this both administration’s for this.

Unknown Speaker 59:02
Very good.

Andy 59:04
And then oh, here’s your little Hang on. Let me go get up the podium for you to step on your soapbox sorry, with 80% spike in clemency applications Governor Cuomo still unlikely to grant them so what is what is this about Larry Why are you want to go on a Cuomo bashing session?

Larry 59:24
I can’t help myself when someone claims to be a progressive. I’m a lot less willing to bash those who pulled make no bones about that they’re locked up throw away the key and but but this is someone who claims to be a progressive claims to believe and reform and from the looks of of all that I can find. He takes credit for the fact that the state prison population has been on a downtrend, because crime has gone down for the last couple three decades. But every officer Today he has to do something to reduce the prison population. He is found lacking. He doesn’t grant clemency Apparently, he doesn’t do anything to push for the release on various creative alternatives. Because of the pandemic it seems like he forgets all about it. He’s the big one about keeping folks safe. You remember how he’s been on the on the on the on the warpath about how brilliant New York is and how the federal administration has been lacking? Well, don’t you consider prisoners humans to? Why is it that you’ve been out in the pasture unaccounted for doing anything for for for for your presence, where, where there’s a rampage going on? And you remind me of Governor Blagojevich from Illinois who had a stack and taught of clemency applications. And he took no action on almost all of them. And then he was so complimentary of Trump forgiving him a sentence reduction, which I guess it’s great because he got out of prison. But what he had the power he didn’t do anything. Andrew Cuomo, you have the power? Why don’t you use your power?

Andy 1:01:12
Hmm. Do you have any? Like, could you put on your I am Governor Cuomo hat and see why he is not.

Larry 1:01:22
I suspect he fears the vilification of a one on a wide. If he went on this broad release a campaign, it hasn’t been that long ago, the New York legislature was under republican control. And I suspect he fears that he would be bashed from from the conservatives. And he just doesn’t want that distraction. But sometimes it’s kind of like I think I’ve told the story about the Indianapolis on the podcast, and when when the when the rescue ship came along, when all the sailors were in the water. And they illuminated the salt, the lights and the commander said I gave the order, despite it was a violation of naval policy. And sometimes you just have to do the right thing. Even though you’re going to take grief for

Andy 1:02:09
I mean, that’s why we’re electing them is to make hard decisions and hopefully do the right thing and not just make a decision based on a political calculation to get the job next year to

Larry 1:02:19
well, but in reality, if you’re if you’re swept from office, you all the things you care about doing you can’t do. Yeah, so that is that is a legitimate concern. And sometimes you if you spend a little bit less time bashing the other side, and trying to build support for what your vision is, I mean, he has spent an awful lot of time on the on the cable and satellite news networks bashing the federal administration.

Andy 1:02:48
I mean, it was like a constant battle back and forth. I mean, it’s like,

Larry 1:02:52
Yeah, he could have spent a little bit of time trying to swing New Yorkers towards his way of looking at things, persuading them that that get thinking about people in prison as also a part of being a human. You know, that might have been a more positive use of some of the last year that he spent bashing.

Andy 1:03:11
I don’t think that’s going to happen from too many politicians anytime soon.

Larry 1:03:16
That’s unfortunate.

Andy 1:03:18
I hear you, sir. Anything else? We have a couple little notes to close out the show. But is there anything else that you want to talk about before we head out?

Larry 1:03:27
just glad that we’ve made it through 2020. And, and I’m looking forward to the podcasts where this is gonna be a year of exponential growth.

Andy 1:03:36
Exponential, I like it. I’m all on board exams,

Larry 1:03:39
where the the transcript service is going to balloon, we’re going to get our we’re gonna get our 501 c three status sometime in 2020, or hopefully the first quarter of 2021. And we’re going to we’re going to be having this this is gonna become the premier operation of the entire United States related to registration issues.

Andy 1:04:00
I think we’re already there, Larry. I mean, I don’t like there’s not a lot of competition in the space.

Unknown Speaker 1:04:06
Just say there isn’t. There isn’t?

Andy 1:04:08
No, no, there is not. There have been others and they have client came and and they have went

Larry 1:04:15
I thought there Brian Cohen or whatever his name is that does all those videos. I thought he was talking about our issue.

Andy 1:04:22
I don’t know who Brian Cohen is.

Larry 1:04:24
This this way. It was a joke. No, he doesn’t talk about this issue.

Andy 1:04:29
Like I don’t do that. Alright. Well, we did get a new patron a couple weeks ago, and it was a G gn I guess, Janine? I don’t think that’s jenine but thank you so very much I feel now terrible for not being able to pronounce the first name. But thank you so very much. That is a that is all the the new patrons that we got for the time being. And otherwise, that is all I have Larry. And if there’s anything else, then we can shut this thing down and call it a day.

Larry 1:04:57
Well, how to people how to people Do things that help us what what would be the first step if you want to support the podcast?

Andy 1:05:05
Seriously, let’s make this very easy, obviously, registry. matters.co is the website that you can send people to. So like, subscribe and share it. You can find it on every podcast platform. Larry, I didn’t tell you this. But maybe a month ago, I looked on Pandora. I had been trying to get us on Pandora for ever, and they would never add us. And then I just happen to scroll by and look. And I saw, we are also available on Pandora. But you can find us on any podcast app, you can find us on YouTube. And obviously in your podcast app, subscribe to us on registry matters and tell all your friends and family. And that’s all I got for that.

Larry 1:05:41
And if they want to leave a message, how did they do that?

Andy 1:05:45
You would record a voicemail message and send it to registry matters cast@gmail.com or leave a voicemail message at 747274477.

Larry 1:05:57
And what if they want to give their second stimulus check to us? How did they do that?

Andy 1:06:02
Right on second stimulus checks, go to patreon.com slash registry matters and sign up for the $600 month level.

Larry 1:06:10
But I’ve only got one $600 payments. So when they have to cancel after the first after the first month.

Andy 1:06:17
After we collected they can cancel it. Yeah, because insufficient I will be okay with that.

Larry 1:06:22
Do we have a $600 level.

Andy 1:06:25
Just fill it in. You can make it whatever amount you want. You can sign up for the dollar a month level and put in 600 it’ll be just fine. It’ll work all

Larry 1:06:33
Alrighty, I didn’t know that so we can so they can create their own levels.

Andy 1:06:39
Larry, Happy Happy, happy, happy new year. And I hope you have a fantastic rest of your weekend and I will talk to you soon.

Larry 1:06:46
Thank you Andy and Happy New Year to all of our listeners each and every one of you.

Andy 1:06:52
Thanks a bunch. Take care bye bye.

Unknown Speaker 1:06:56
You’ve been listening to F YP



Transcript of RM156: The Ultimate Guide to Interstate Transfers and Revocation Retakings

Listen to RM156: The Ultimate Guide to Interstate Transfers and Revocation Retakings

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from fyp Studios, east and west with Metamucil transmitting across the internet. This is Episode 156 of registry matters. Happy Saturday night, Larry, welcome back.

Larry 00:24
Glad to be with you.

Andy 00:27
What do we have going on tonight?

Larry 00:30
We have a really spectacular program tonight. We’ve got Of course we do. We’ve got a couple of submissions from prison. And we’ve got a doctored question from prison that someone sent and unfortunately, I’ve misplaced the actual submission, but it was long, long. And and, and, and very took a lot of meandering detour saw put together what he was essentially trying to ask. So we’ve got that question. And we’re gonna get it leads us into the deep dive we’re gonna do on interstate compact, trance transfers, and revocation of probation. Love it. Love it. Violations of supervision when you’re at a when you’re in a non sentencing state. We’re going to talk about that a little bit.

Andy 01:19
Got your terms, it’s your non sentencing state once you put the words together, like non sentencing, okay, like,

Unknown Speaker 01:26
Oh, that

Andy 01:27
makes perfect sense. But my small little feeble brain can’t go, Oh, Okay, got it. I wouldn’t be able to like, put that together to start. But leave it to Larry to come up with the good terms that describe something very concisely. You ready to go? Or do you want to cover anything before

Larry 01:43
we get going? Oh, let’s let’s dive right in. Because we’ve only got 20 minutes to be here tonight. Oh, all right.

Andy 01:51
Well, we’ll we’ll can talk fassler first thing that we have coming up is a question that you you put in here and it says read first, it says, Dear Larry, recently, you responded to a Kentucky man’s questions about driving commercial motor vehicles across country. I’ve provided a bit more information. And I hope you will least send this to the individual or printed in a future issue of the nozzle digest. I pray you’re not offended. And I truly only want to help yours truly. Thanks, Brian.

Larry 02:25
I am actually not offended. I’m very, I’m very flattered and appreciative of the work that Brian put into this. And it’s a well written nice penmanship. And it, it probably is very accurate in every respect being that he has experienced. I did respond back by letter that we wouldn’t be able to send it to him, unfortunately, because of the rules or correctional facilities have about about acting as a conduit. And I wouldn’t want our transcripts to be denied because of a perceived acting as a conduit between inmates. But I do have it and I’m trying to figure out how to incorporate it so that it’ll it’ll be useful to people who were in that situation. And I do appreciate Brian sending it to us

Andy 03:15
probably don’t have to meander there for very long either. Right? Nope,

Larry 03:19
it was it was it was very thorough, you’re looking at their last three pages there. They have what he wrote.

Andy 03:25
Right? But Alright, so then we’ll move on to the second one, it says gentlemen, saw your ad in my issue of the digest. I cannot use anything with the internet cable. Well, I mean, I can’t use anything with internet capabilities, I would appreciate a free sample transcript of this come from someone inside or someone out in the wild.

Larry 03:47
This is someone out in the free world. And, and I was a little distressed about that, because there’s been so much litigation about a blanket internet ban, which means that this person, if he if he has a full band with no internet access, He better be a really bad person that they can actually give concise, specific reasons for the total ban. And that’s probably not the case being that Florida’s as conservative as it is when it comes to how they punish people. I’m betting that they have a policy that they just apply to everyone. And I’d like to know more. And then hopefully we can if he hasn’t already contacted the Florida action committee that would be a place to stop and see if this is one of the projects they’re working on because they’re they’re looking at challenges and trying to raise funding for challenges and this may be something that they’re working on already and in our sole affiliate in Florida, but but I’m very distressed to hear about he cannot use anything and that’s pretty all inclusive with internet capabilities. Um,

Andy 04:56
so a friend of mine just in the last handful of days was released. And he went and saw his probation officer for the first time. And the PEO said that he’s allowed to use it for work. And that this was like the funniest terms essential home activities or something like that, which to me says something like banking or probably like job application things. But of course, they said no social media. But you know, that’s not, that’s not a full on ban. And I know from my own personal experience that I’ve had pretty free rein even to like, you’re like, you said to me, guy, you do whatever you want. And I mean, I had pretty free reign, and nobody bothered me. The only so from my understanding of computers, which I’ll just say, I know a lot. But for that, so if somebody was like the distributor, like the kingpin of distributing the naughty pictures and stuff, I could see them, hey, look, you use your computer to commit all of the crimes, and then they would say, yeah, you can’t use them. But I can’t see why they would do it for everything for every other just Joe Schmo for all the miscellaneous crimes that people commit from urinating to even having a relationship with a minor that didn’t require the internet to go about. So why do they then ban you from using the internet doesn’t make sense?

Larry 06:16
Well, it doesn’t, if you think in the terms that you’re thinking and but you, you as most people have difficulty putting yourself in their position. And I’m not justifying their position, because I don’t want to be in their position. But here’s what they’re faced with. There’s things called cameras and news media’s news media. And if they start, and the last thing a bureaucrat wants to do is to have to make a decision that’s caused, that’s going to be the source of a camera being in front of them. Because this is something that’s very sensitive to the community. So if you start deciding on a case by case basis, who should have access of what level of access when one of those people inevitably messes up? And they will, they absolutely will, we’re human, and there will be people who will foul up, then in comes to cameras, how could you have possibly made that decision is the first question is asked because the person is a sex offender. And it causes outrage, and it causes a lot of phone calls to go to their supervisors. And in a state system, for example, it would be the governor of New Mexico’s office who would get a deluge of phone calls after read on Channel 13, about how this person was granted access to the internet. And they did X, Y, and Z on the internet. It’s easier, and it’s safer. And they need safety. They need safety from community outrage, and safety from people screwing up. It’s easy to say, if you’ve had a sex offense, conviction, you can’t do X, Y and Z. That is the safest thing from their perspective. That doesn’t make it right. But if you think like they do, it makes it right.

Andy 08:00
Well then make restrictions. I know you guys over there have you can’t leave the county and you have like 12 counties in the whole state. And I mean, it leaves you a lot, a lot of swath of territory that you can cover. But hey, so don’t leave your house, don’t use the internet and just watch television all day there. Now everyone will be safe and don’t have company while you’re at it. Okay, well, now, nobody can offend for anything.

Larry 08:24
By means you’re drawing, you’re you’re eliminating the absurdity of what I’m telling you how they’re how they’re wired. Yeah. To them, it makes perfect sense. Because they didn’t have to make a risky decision. How would you determine who would have access to there, I know you can start with the basics, but they used internet for their crime. But it’s only a person who used the internet for their crimes, the only person who’s capable of ever misusing the internet, if that be the case. If that be the case, we would never have any internet crimes, they would have already all been committed. Right? So therefore, therefore, in their mind, they are being safe and proactive. And if they have these rules, then it’s easier to violate people because the more rules you have, the more violations are likely to be happy. The more rules you have, the more more violations you’re going to have. Because people screw up. If you have if you have as many rules if you look at our behavioral contract here, one of these days go to put it up in the program, all the things you can’t do when you’re under supervision. There’s there’s very few people that comply with all those all the time.

Andy 09:38
Paul makes the obvious statements his total ban is to overbroad. Yes, of course it is. And but one I bet you if you go back to Episode 40 ish, you’ll find where we covered a West Virginia Supreme Court I think decision that said you can’t do this. And we cover many things in multiple places that you can’t just They know you can’t turn on and have the little bits go back and forth and do the modem sound. But so this individuals experiencing this? And the answer I’m pretty sure you’ll agree with is they can do it until they’re told to stop.

Larry 10:13
That is why I want to find out if it’s if it’s uniquely tailored to him. Or if it’s system wide, if it’s system wide, there’s a lot of leeway to litigate on that because of packing him. And then the body of case all this developed in other jurisdictions that have rested on packing him. So therefore, I’ll be curious to know. And then if he’s if he’s been in contact with Ford Action Committee, what their position is.

Andy 10:38
Very good. So the answer here for this individuals contact fac and see what kind of angles they have to assist. Is that the answer there?

Larry 10:49
Well, we’re gonna we’re gonna ask him to provide more information. And then and then we may contact Florida Action Committee ourselves, but but I’m curious to know if if this has been tailored to him, or if this is just a blanket policy, and we’re going to communicate that they have more weight when we send them a copy of this episode.

Andy 11:07
And then Paul, actually, as he says, They tried it with me and I went in federal appeals court, ninth district. So there would be another some level of what’s the word providing not evidence, but another court stating the same thing. What’s that called? exact precedent, thank

Larry 11:22
you for being persuasive. Is persuasive authority if it’s if it’s not in the same jurisdiction, if it’s not binding, okay? It’s not it’s it’s a precedential case only as a jurisdiction, but it’s persuasive that you would argue it you say this is such a fine, brilliant analysis, that it applies here as well.

Andy 11:40
All right, then we’ll moving on. This is a letter This came typed and it looks like it’s on like a 1950s typewriters. It says, thank you very much for taking the time to respond to my letter with a date. I know you did not make any promises as what your author of the legal corner might have to say, but I find it encouraging nonetheless. And then highlighted by you, it says I hope by now you’ve read the Texas constitutions Bill of Rights and articles bla bla, bla, bla, bla bla, and you can see for yourself how it is unconstitutional in Texas to enact retroactive laws. Isn’t that true everywhere, Larry?

Larry 12:16
Well, keep reading of it. I’ll explain.

Andy 12:19
Okay, it says they are void. Since registration carries a felony punishment for failure to register and submit civil commitment has similar felony clauses. These laws are also ex post facto in violation of both us and text and Texas constitutions. I would not be here if I was not forced to bend to the will of the legislature’s new laws made retroactive. I want to be released. I want to be paid for my illegal incarceration for the past eight years, the state of Texas pays $80,000 a year for false imprisonment for almost excuse me or unlawful incarceration, do the math, I need help. I won’t forget if it’s you that helps this, forgive me. But this sounds like almost one of those chain letters that you get from the Saudi Prince, and he’s in prison and need some help just send $1 and pass it along to your friends?

Larry 13:08
Sort of Yes. Well, in terms in terms of your question, if you are looking at the United States Constitution, it is against the law to impose an ex post facto law, but the only the only laws that come within the zone of being ex post facto, are criminal schemes, civil schemes, not sorry, are not covered. And therefore his analysis breaks down. The Texas now I have not analyzed the Texas constitution. Now it is possible the Texas constitution could provide a greater protection than the United States. And we’ve talked about Maryland, for example, it says that the no disadvantage may be imposed after the fact. And that’s been interpreted to be civil disadvantages as well. But in the case, the United States Constitution, if he’s going to rest on the US Constitution, it has to be a criminal law. And he seems to confuse the fact that you can be punished for not complying with the registry. The death somehow makes the registry itself criminal. And it doesn’t. There are dozens and hundreds, I mean, countless regulatory schemes that if you do not comply with them, it’s a crime. And you could be criminally prosecuted. And I think we have pre shell banter I talked about registry for the draft 18 to 2018 to 26 year old young men have to register for the draft. No one to my knowledge has ever argued that registering for the draft constitutes punishment. If you fail to do it, you can be incarcerated in the federal prison for up to five years. And you forfeit financial aid as a student if you can’t certify and they can or cannot verify compliance with Selective Service. And in fact, there seems like to me that because Play because it only applies to young men. I mean to this day of equality, it seems like to me that you would have an equal protection clause I’m required to register. I’m not because I’m older than Methuselah. But if I were young man, I would, I would, I would argue that, that, that, that I’m not being protected equally by the Constitution, but 1826 year olds, only only males have to register. That would be a potential argument. I don’t know if it’s been raised. I’ve not researched it, but but on his and then his final point, about $80,000 a year, the incarceration has to be illegal. And if he’s been prosecuted, legally, and there is a law, I don’t know how he can prevail on that. He’s gonna have to find a Texas attorney believes in his case, because he’s clearly say, Bob won’t forget who helps me that saved I don’t have anybody, but I’ll pay you on my winnings. He has to find someone who’s willing to go after this knowing that there’s a likelihood of him getting 80,000. at first blush, I don’t see the likelihood of getting 80,000 because the Texas registration scheme has not been declared punitive. Therefore, it doesn’t violate ex post facto law. Therefore, his incarceration if he’s either pled guilty or been convicted of it, it’s not an illegal incarceration.

Andy 16:10
I gotcha.

Unknown Speaker 16:13
So

Larry 16:15
when I don’t know

Andy 16:16
what happens to this individual.

Larry 16:19
Well, he he’s he’s got a logical mind to the point that that it breaks down when when he says, just because it’s it, you know, hit the the same type of civil command, but he says that that’s one constitution, because it’s ex post facto, but by the very definition, it’s civil commitment. Yeah. Civil commitment is inherently constitution constitutional. Sure. As far as I know, every single state in our union has civil commitment. The federal government has civil commitment for people just to refresh people’s memory. A guy named john Hinckley was civilly committed after attempting to assassinate President Reagan in 1981. For

Andy 17:02
like, 40 years or something. Yes. For a long time.

Larry 17:07
Yes, he was. And that was a civil commitment, because he was found not guilty by reason of insanity.

Andy 17:12
But yeah, by reason of insanity.

Larry 17:15
And but that was a civil commitment. The goal of the regular civil commitment is to is to rehabilitate people, so you can release them. Now, the standards for rehabilitation were taken a major detour, but the standards for rehabilitation for someone who is shot a president, as well as Secret Service, as well as DC police officers, that is going to be looked at far more carefully in terms of how much recovery has actually occurred, before they release something like that someone who’s gotten on top of a water tower, and threat the job and it’s caused the closure of some streets for a couple hours, is going to get far less scrutiny than what john Hinckley received before he was finally released.

Andy 17:58
And he wasn’t released until if at least after Ronnie died, and then even he has been released, right?

Larry 18:06
Yes. Well, now there were several people had died just tried to use for memory because I didn’t actually plan to talk about this. There was there was Reagan and it was the Press Secretary James James Brady. That’s where the brady bill and all that stuff about correct gun control comes comes from. And then there was there was an officer. So I remember the name della handy, and it seems like McCarthy and I think there were five total don’t remember the other one. But many of those people were dead now. And by the time by the time they released. Hinkley, Brady and Reagan both had passed. Okay.

Andy 18:42
All right. And so we’re done there.

Unknown Speaker 18:46
We’re done there. Cool. All right. Well,

Andy 18:49
I guess this is now the time to roll up our sleeves and get ready for Interstate transfer kind of things. Right.

Larry 18:56
Fantastic. We’ve been down this far before we did.

Andy 19:01
It wasn’t even very long ago. I was thinking about it. When I was coming back from from activities today. I was like, it wasn’t that long ago that we cover this. But it’s always good to circle back around because this subject comes up all the time.

Larry 19:13
We didn’t cover it in the detail we’re going to tonight, but we have covered write regularly about interstate transfer.

Andy 19:19
Yep. All right. So let’s start things off since I’ve been reading the nozzle digest for years now. And I do appreciate the work they do. Having said that, I do have one observation to make. Can’t they find someone other than Larry to write the legal corner column? He’s got to be the most depressing person anyone could ever meet. It doesn’t matter how good the News is. He was fun some way to dash our hopes. It’s a very strange individual, to say the least. I’m getting ready to be released on parole from prison here in Texas and I would like to live with my family in Mississippi. It seems to me that I have a right to live with my family since they can provide me with stability and transition system. Since I know Larry will have some wacky explanation, that I don’t have a right to live with my family, just wondering if you can let me know what I might expect. I don’t bother referring this to Larry, if nobody else Excuse me, I don’t bother. Maybe I don’t mind if, if no one else can refer to this other than if Larry can respond, it seems to me that being in a supportive environment would benefit society. So transferring me to Mississippi should be a no brainer. Why is this such a funny question? They’re broke the fourth wall again, you broke the fourth wall. Again, I cannot get you people to cooperate with me. You’re just supposed to roll on? Why is this funny question?

Larry 20:45
What is funny, because that doesn’t seem like he likes me. And I don’t like to either. And, and he believes that the greater good of society is what should guide the decision on Interstate transfer. And I just find that laughable in America, because we’re all about the individual. Anybody who talks about the greater good of society is usually ostracized and accused of being some kind of socialist evil. And I think it’s funny that magically when it comes to this, the greater good of society is what he wants to rest upon. But the so that makes it a little bit appeasing?

Andy 21:26
Yes, I gotcha. So how if he wants to transfer from Texas to Cisco mipi? What should he need to know about this transfer process? And stop being such a negative person, by the way?

Larry 21:42
Well, I don’t think I’m that negative, am I?

Andy 21:48
God is being is being a person knowledgeable on a subject and telling you how shitty and awful and challenging something is, does that make it negative? No, that makes it educated and spot on. And I know that we’ve received plenty, plenty, plenty of comments from people that saying that they would rather hear it straight instead of have everything sugar, sugar coated, just the same with me and the attorney that I hired. Don’t tell them don’t blow smoke up my rear end and tell me that things I want to hear. If you think it’s impossible, then tell me it’s impossible. But don’t lie, either. Tell me tell me what we’re in good shape or in bad shape?

Larry 22:22
It’s actually a fantastic question. And we actually have discussed it in various bits and pieces numerous times. And we’ll just get to bits and pieces tonight. Because this is a complex issue of of Interstate movement. And there’s a formal process for transferring people who have state imposed probation or parole or any type of supervision and maybe see ourselves refer community supervision for life. But any type of supervision, there is a process through the interstate compact for adult offender supervision. But I will state off off the bat that the person in prison is not the only one we want to deal with there are people believe it or not, who don’t go to prison, and they go straight to probation. So I’d like to like to discuss the nuance about the people who don’t have a prison journey at about the pitfalls interstate compact as it applies to them.

Andy 23:20
All right, what are those?

Larry 23:22
The biggest pitfall is that a person person may have visited a state and picked up an offense, they may have solicited a minor. Or they may live in a border state. And they are across the border right across the border, they may be running a sting operation like to catch a predator. And the person may drive across state lines to meet up with A with B minor. And all of a sudden they’re ensnared in one of these interstate operations that’s being done by the Sheriff’s Department on this side of the Mexico border, Texas. And when when they plead out the case, they they made bond in Texas went back home and worked for a year and a half, two years or cases pending. And then when they when they when they get a probation sentence, the lawyer tells them, I’ve got your great deal. Oh, I got your great deal. We’re gonna check five years probation, you’re not gonna do a day of jail? And are you gonna do this be on probation, you should take this. And the lawyer has no idea what they’re looking at in terms of the sex offender supervision. But more importantly, they don’t have any idea that that person, the minute they walk out of the courthouse and go over the probation office, the probation officers said tell them that you can’t go back home. And I said, Wait a minute. My lawyer told me I was gonna leave you’re on probation. They said, well, you are on probation. But um, but but but but you, you don’t understand, don’t have to wear today. They said they say well, that’s not our problem. There’s a compact does not allow us to send you back there because that address may not be in compliance with that state’s rules in terms people convicted of sexual offenses. So therefore, before we can let you go back, we have to apply this a special rule, a normal person, if all you’ve done is just sold drugs to kids on a school grounds, something like that very minor, you know, these little things that don’t amount to anything, they can go ahead and give you reporting instructions and let you return home because you’ve got proof that you lived that address. But if you if you’re required to register in either the state that convicted your or the state, you’re going to be living in that you’re classified as a sexual offender. And you can’t go home until that investigation, and they’re allowed 45 days, a lot of people don’t have $100 or died in their pocket, when they go to those please, the lawyers already clean that pocket out. Yep. And then they’re stuck.

Andy 25:48
And they’re attorneys who do the attorneys and their clients, but by not knowing the law.

Larry 25:56
They do, indeed, I have taught this at at an attorney training, and that you ought to see that looks in their eyes, when I tell them that there’s this provision that the person’s going to have to wait to be approved to live at the place. They’ve been living out for 20 or 30 or 40 years. They they’re there. It’s like mind boggling.

Andy 26:17
It is a it is something spectacular. I tried to journey down this path. I think a couple of times, well back to the person in prison, how can he or she get the ball rolling?

Larry 26:28
Well, let me stress that the process is all done by the bureaucracy, not the offender. And so each state has different ways of transitional assistance and different levels of case management in prison. So I can’t give you a universal answer. You may live in a state where they have very, they have one caseworker that has 150 inmates and you’d ever get to see the case manager. And but but theoretically, if if if all goes according the way should you would tell your case manager it that you would like to parole because they do know that you’re going to be released I do I’d be there is some tracking of offender releases. And there’s some level of service and all the states that I’ve been familiar with it may it may vary dramatically. But there are some I mean, they don’t just hope for the best and let you decide when to leave. I mean, they do monitor to kick out dates, and there are some level service but you would you would talk to your case manager and tell them that you’d like to live in Mississippi, and ask them to submit the paperwork. And there’s a process that they go through filling out stuff online in electronic system, they would submit it to Mississippi in this case and ask could you live there it would have it would include a proposed address. And as much information about you there’s a whole list of things that they have to put in the packet and they would send that electronically in Mississippi, Mississippi would check it out and determine if they’re going to accept you or not.

Andy 27:59
Raiders fan in chat says Yep, that’s why you get the attorney to stipulated in the actual judgment and sentence. I don’t think that that helps you. Because you the judge can say it all that all he wants to from from Wisconsin, and then you move to Wyoming wherever Minnesota I don’t care if they don’t allow those rules where you go. So the judge can say it all he wants.

Larry 28:22
Well, I mean, he’s making making sense, and I should, that’s what I tried to train the attorneys to be on the lookout for is that. But the problem is the judge across the state of Texas can’t bind New Mexico. And the compact is an agreement. It’s like a treaty between states and would normally between nations be referred to as a treaty. But just the states have agreed that this is the process. So therefore the judge cannot override the compact, and order that the person be allowed to live there. And to be a Texas judge cannot order New Mexico probation to allow a person to live in violation to Mexico law, for example. Now, we don’t have statutory Exclusion Zones here, but some states do. So our state probably wouldn’t be the best. We only have policies where people under supervision can’t live within 1000 feet. But there’s no statute. But a judge in Texas couldn’t tell Oklahoma, that you disregard your 3000 feet, I think it is restriction and you let my finger live there that judge judge in Texas, Texas doesn’t have that authority to bind Oklahoma, that what the judge can do, what the plea agreement can do. And but they say that, that if the if the if the person can’t live where they’ve been living, then that that that provides opportunity for grace, withdrawal of the plea because the play is contemplated on them being able to live where they’ve always lived. And okay, magically, magically, if you put that provision in there, the prosecution in Texas will get on the phone and they will try to figure out a way to make it happen because they don’t want that played it but they don’t want that play to be withdrawn.

Andy 30:00
I can understand that. All right. But yeah, I mean, so you know that the judge in state aid does not have jurisdiction over state B. And so what you just said is, then if you make sure that that is a condition of you accepting the plea, then that will potentially get the DEA to arrange that this is going to work out. But then how does that apply to the destination state accepting it when you actually then make it back to where you came from?

Larry 30:29
I kind of got confused by that question. When you make it back. Okay. So yeah,

Andy 30:33
so you started your you live in, you know, Arizona. So that’s, that’s state borders you, and you hop on over to New Mexico and do the bad deed, and you are then arrested, and you take a plea deal that and you get it to coordinate that says, when you get back to Arizona, that you can live in your you know, pearly white gates. How do they how do you get the exception to be applied that when you get to Arizona, they don’t say, nevermind, we’re not going to do this, because this comes from Mexico, and they don’t have jurisdiction here.

Larry 31:04
Well, that’s exactly what they’re going to say. They’re gonna they’re gonna

Andy 31:10
switch. I mean, you took the plea deal, then, based on Yeah, hey, we called them we talked to them in Arizona. They said everything’s hunky dory. Great. I’ll sign the paperwork. And back to Arizona, they say, Sorry, you can’t live here.

Larry 31:22
Well, well, what I’m saying is, though, it’s a part of the plea agree but with, with taxes, that if Arizona will not let the person live there, that that’s grounds for withdrawal to plida, you’re gonna have a hard time getting someone to agree to that a prosecutor is going to have the prosecution that the defendant would be happy to agree to it, but you’re gonna have a hard time getting a prosecutor to agree that because I’m a prosecutor, and I’ll say, Judge, I can’t control what they do out there in Arizona. I mean, he’s gonna deal with that himself. I, all I know, is that, that if he lives here, these are our rules. He can live here if he wants to. But if he wants to go back there, he’s going to comply with their rules. But that’s the only way you can really protect yourself is if you can get a plate that allows you out if you’re not allowed to live there. For example, maybe you’ve had a disabled loved one, you had to care for them. They’ve been in the place for two years. And, and it’s 996 feet trouble school and the rules 1000 feet. It is possible that Arizona could give an exception if it’s merely a policy rather than a law. But if it’s the law, theoretically, there’s no exception. I mean, you and I don’t there are exceptions. But But if if you if you can’t ask another state to allow an offender to go there and be in violation of the law, that’s not reasonable. Right?

Andy 32:33
Yeah, yeah. And then if you did end up on your home state soil, and they didn’t like it, then you’re allowed to go back to you can just say, hey, nevermind, and you can go back to where your crime was then committed. So you go back to the state that you’re not familiar with. But you still don’t have any place to live. Or now, now you’re like, but that doesn’t have a home.

Larry 33:01
That unfortunately happens.

Andy 33:06
That sucks. I’m just, there’s a movie with Tom Hanks called kind of can’t think of the name of it. He’s in that he’s in the air. He’s doing international travel. It’s called terminal. And while he’s in the air, there’s a revolution, his country and his country like ceases to exist. So then he’s stuck in immigration. And he doesn’t his passports no longer valid. So now he’s just stuck in the terminal. Because he doesn’t belong, where he came for, like, that’s some bullshit.

Larry 33:33
I remember that. he’s a he’s not a person anymore.

Andy 33:36
Right? He just now like, how you can’t make it through immigration, and you can’t go home? What do you do you just live in the in the terminal? I guess? At least you’re not paying sales tax on everything. Right.

Larry 33:47
Well, would you be paying tax on the terminal?

Andy 33:50
I think it’s duty free. I’m not saying that this is a reason to go there. Because usually everything is incredibly expensive. I guess let’s move on to who sets the conditions of supervision and which registration requirements control god this question always, always kills me, Larry, I think a person only has to register once per year in Texas, and everyone registers quarterly in Mississippi, can you help me and everyone else understand this?

Larry 34:20
Well, it’s easy to the registration scheme says that’s regulatory in nature, it will be in Mississippi will be the controller whatever state the person lives in. So they could care less about if you had a 10 year registration period in Vermont or Texas or once a year that is of no use to them. It will not come into the equation. So you register in conformity with the requirements, just like you would when you take your clunker vehicle from one state to another, you’ll pay the registration fees based on whatever their formula is. You don’t inspect it based on whatever their standards are for safety and or automations. And you’ll comply with that state. That’s the same thing on registration is a registration of where you would have been had you not transferred, you need to leave that in the rearview mirror.

Andy 35:11
But probation, your supervision requirements may come into play, where you go,

Larry 35:18
they absolutely will come into play where you go, your your supervision requirements will be controlled by both states. That was clarify, the duration of your supervision is controlled by the state who imposed it on you.

Andy 35:35
Okay, so that’s where your crime was committed.

Larry 35:39
So that’s correct. So if you have 10 years of supervision, when he leaves Texas, he’ll have 10 years of supervision, when he gets to get to Mississippi, that will not change the conditions that that Mississippi either through the parole board or through the court, those conditions will follow him to Mississippi. In addition, Mississippi is allowed under the interstate compact, to put special conditions on him that were not given to him in Texas, they may have, they may be completely something that Texas doesn’t do. And it will not enlarge to appear to the supervision. But he might have in Texas not have had a curfew, he may find himself in Mississippi with a curfew because that’s what they do. For people who have that type of conviction, they’re allowed to do that, as long as it’s consistent with how they would supervise the similarly convicted offender in their state. So they can add the special conditions, consistent with how they supervise their offenders with similar convictions. They can’t just build conditions so that you want, your desire will be not to move there. But the conditions that they typically, if you could have traveled all over the state of Texas with what just to travel with no travel permit. And only if you’re gonna leave Texas, we do need a travel permit. If you get to Mississippi, and they say you can’t leave the county without a travel permit. That is what controls you, whatever they require there is what is the conditions are they allowed to add to what came with you, but the conditions that they’re imposed in your sensing state, they follow you, they don’t go away. And that’s what too many people, they, they, they, they’ve they’ve been in prison, and somebody was there from one of the more progressive states and they hear that, that that things are not so bad there. And they said, Well, I’m gonna want to move there. And they, they move there. And then they get they get there. And they say, Well, people here get three year supervision. I’ve got five to 20. And Yep, guess what, you still have five to 20. AD, they simply. But but but this, this is not fair to me, I was convicted. And you guys treat me that we didn’t impose this on you. We’re just simply acting as an agent for the state that impose it on you. You you have that you have that period of probation, that period of parole, we don’t have anything to do with that. And then they think that the conditions that they were posed to them, don’t follow them. But the interstate compact, is clear that the conditions do follow you now I can’t tell you that humans are if you get to a state, they find something shocking the conscious that they just wouldn’t impose that I can’t tell you that they’re gonna, they’re gonna, they’re gonna vigorously enforce conditions that they think are ridiculous. But they’re technically obligated to.

Andy 38:30
Can we noodle around that for a minute that they’re the way that I sort of tried to understand it is that the state that you are now moving to they are doing the state that you came from kind of like a favor, and you know, hey, so one person moves from state a to state B and somebody else moves state B to state a. So hey, look, I scratch your back, you scratch mine, but they’re kind of doing a favor to then take over the supervision for the state that is sending the person. Is that fair?

Larry 38:58
That’s completely fair. That’s what they’re doing.

Andy 39:02
So if they want to, as you were just describing, if they have much more strict requirements, of, of supervision of checking in, of how often they check on you, then that’s their prerogative to do that in their state.

Larry 39:21
That is correct. And you cannot go back and complain and say, Well, what I was overbought, they only came out every three months. They will say, Well, you know, you could have stayed there.

Andy 39:34
Ready to be a part of registry matters, get linkset registry matters.co if you need to be all discreet about it, contact them by email registry matters. cast@gmail.com you can call or text a ransom message 27472274477 want to support registry matters on a monthly basis. Ted to patreon.com slash registry matters. Not ready to become a patron, give a five star review at Apple podcasts or Stitcher or tell your buddies at your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry, keep fighting. Without you, we can’t succeed. You make it possible. All right, well, then, we’ve talked about this a whole bunch of times, are you saying that a person doesn’t have the right to live a state of his or her own choosing? Part of the beauty of the United States is that we have the freedom to move about and like state borders, kind of like don’t mean anything, you just Hey, let’s just go to Chattanooga for the weekend, and we just go up to Tennessee, it’s like we can’t just move about with that freedom.

Larry 40:50
Not while you’re being punished, you can’t. You’ve lost your lost some of your rights while while you’re serving, you’re paying your debt to society. And the freedom of unlimited travel is one of those freedoms that’s curtailed, you’d have to acknowledge that supervision becomes more more difficult as the person moves out from the zone of the supervising authority. Therefore, therefore, the mobility history are limited. In some cases, the supervising authorities provide a lot of freedom. I’ve said that remarked that over and over about your supervision, but but it’s it’s not a right that you can assert you were getting privileges. Right.

Andy 41:31
And I and I always like greatly appreciated them. And I would only ask for them when I needed them. And I wouldn’t ask for anything else. And I tried to stay as far away from them and always comply just to keep them off my ass as much as possible. So they were like, Nah, man, this dude’s perfectly fine. We don’t need to check on him. Everything’s great. hunky dory. Ah, okay. Um, I recall you saying that many of the states impose a fee for submitting the application. Is that true? It’s 45 bucks. No, we’re not 45. But it could be like

Larry 42:02
250. I think you’re right. That was that was too high. When I’ve got a I’ve got a chart. And it’s available on interstate compact for adult Fender super business website, there’s a fee schedule, LS pulled it 2017. And I can just about guarantee than other fees have been reduced. Some of the fees could have been, have gone up because states are struggling for revenue. And the states that believe that you can’t raise taxes for any reason whatsoever. They look for ways to fund government. And this is one way to pass it on to the offender or their family. So the fact that the fees are some states zero, and some states as high as I think 250 $300 it, you just have to figure out how to hit this particular case, I looked at it and it doesn’t appear that Texas charges a fee. Now, if he were going the other way, Mississippi does charge a fee for application, but Texas does not so he will not have to pay a fee. Unless that has changed since my last schedule was pulled.

Andy 42:59
Interesting. And this again, kind of put somebody in a pickle that the person is not from this state where he is currently residing. And to get out, the person potentially has to pay a fee for this particular case know for this person in Texas know trying to get to Mississippi. And so now they’re they’re putting out money potentially for a hotel, they’ve had to hire an attorney. And now they also have to throw in some order of a couple hundred bucks to try and get out of where they don’t want to be. And it could take them some 45 days to get out of there. Isn’t that because 22

Larry 43:34
it is a catch 22. So you got to you got to pay for the for the privilege of of having your application. Now, of course if to the for the to the extent that I could influence public policy. If I were a corrections official, I would always testify before the legislature, we want to never have a fee, we want to get rid of just as many as we possibly can. So but that’s not that’s not a universal attitude. So you get your you have to pay a $250 fee. And in some instances you’re spending anywhere from I guess you can still find cheap hotels in the 59 to $79 range, but you’re probably paying $100 a night for a place to stay. And you’re anxiously awaiting it since the since the proposed state has 45 days, they do not generally want an open door to out of state pf ours. They’re going to take a lot of that 45 days if not all of it. So you could you could be doing this for some time. And if they turn you down, you’re back to square one. You have to you have to come up with a new plan and deal with Why are they turned you down. If the residence was not a conforming residence, you’ve got to find something else so you could be stuck while you’re looking for another residence. Remember, you don’t live in that state because you’re stranded in the state you didn’t want to be and you’re not connected to. So you’ve got to find a residence that complies and you’ve got to be able to fund that while you’re funding the one where you’re waiting. Mm hmm. And Yeah, yeah, I have to admit, That’s bizarre.

Andy 45:04
It’s definitely bizarre. And now you’re stuck like Tom Hanks in Terminal where you don’t want to be where you are, and you can’t get to where you want to be. And you’re just stuck in the twilight zone. Hey, but Charles and Chet just really like I had never considered this and only a person like you, Larry would consider this many states. How is their prisoners in other states? What happens here? I mean, you’re now you’re not even. I mean, I guess you’ve been released. But now you’re potentially not even in the state where your conviction occurred? Or would they transport you back to where you came from? Where your conviction occurred? Before they open the gates on you?

Larry 45:41
It would be my guess. Now, that’s such a great question. Even I haven’t thought of that. But he is correct. There are states who don’t have adequate prison capacity. And they end up borrowing and borrowing they pay for but they end up they end up borrowing and paying for for for prison capacity in other states, my guess is the same as yours, what I would think they would do is when when they’re holding someone from another state, when that when the authority to hold the person ends, they would they would return them to that state. And that would become that state’s problem, what to do with them. But I don’t know that to be a fact I would have to I’d have to do some queries on that if you’re serving a robot sentence. And I think robots one of those states that doesn’t have much prison space, so they will send people to other states. When you when you’re into the year sentence, if you have a post prison supervision period, how do you facilitate that movement to the community that they do go by to robot to be kicked out? Or do you get kicked out from whatever state you’re in? If they’ve got you down in West Virginia?

Andy 46:39
You know, and suppose it’s like, you know, doesn’t Alaska? How’s their people? I mean, one way the other people get housed in Alaska doesn’t Alaska, like us, New Mexico for housing capacity?

Larry 46:50
I never heard that what you’re

Andy 46:52
what you’re but I mean, Alaska being the vast wilderness that it is, your prison could be 10,000 miles away from where you want. That would be Oh, my God, I can’t even imagine you would be so far from home. And it’s not like you could just sort of like hitchhike or, you know, take a bus. Oh, my god, you’re practically in another country. I’m pretty sure Alaska either houses people. Either way that this works, either they are housing people, or they are housing people elsewhere. That would be diabolical.

Larry 47:24
Well, if I lost those housing people, for other states, I would be very cumbersome for those people to be moved back and forth. I would doubt Alaska housing prisons for other states.

Andy 47:36
But I got I think their housing their people elsewhere, either way, and then count the temperature and and and you’re obviously not getting visits, if that’s the case, either. All right. Well, let’s move on. Does it make sense to call the probation parole authorities in the location where you would like to go and ask them all the questions of, Hey, can I live here? Can I live there? Is there any place pre approved? What can I do? I made a call like this?

Larry 47:57
intellectually, it does make sense. But unfortunately, the reality is, most supervising authorities are not trying to bring offenders into their, to their states, and particularly those forced to register. Therefore, I don’t think at the corporation level is going to be magnificent. And if you have an inside connection, if you have an outsider, first of all, getting a call from prisons can be very difficult to call a probation as a supervising authority. But if you have an outsider and they have, they have a report or some sort of relationship. In standing in the community, you might find someone that will talk but there’s not people just sitting down. There’s no state jobs here that I can think of where their job is to sit and entertain interstate transfer requests to talk to people. There is an interstate compact office in every state. And theoretically, they can answer questions, but they are answering questions from the States themselves, not from the offenders. And when you call them, they can be a little bit snarky, because they don’t they don’t deal with individuals, but people do resort to calling interstate compact offices. And have you ever talked to them? Not in the capacity of one and get my supervision but I’ve trained I’ve talked to him several times we had we have an interstate compact in the practice law office officer in Oklahoma, excuse me, in Pennsylvania, that was not understanding of why he couldn’t move an Oklahoma Fender out to New Mexico because he was with a 996 feet of a school and it was literally that’s what it was like another 96 feet of apart elbow Park out of school. And his offense was not with a human it was with an animal But uncle humbled required him to register and he couldn’t understand why that that that the person had bought a home and he could live in the home he had bought in and and so he and I talked together we finally figured out how to resolve that impasse, but but would you would you call us an offender. They’re gonna tell you to have have your probation officer submit the application.

Andy 49:54
Um, oh, okay. Um, okay, so when I call Yeah, got in The names of these isn’t always the icons office, because when I placed these calls, I would get all kinds of Nope, you need to call this people. Nope, that’s not this place. You need to call these people. Nope, not that place. You need to call these people. Is it always called like, the icons Office of Oklahoma or Arkansas or Minnesota? Is that always that or is it handled by the the police, barracks, whatever it is in Pennsylvania and like, is a unified office naming?

Larry 50:28
Well, the the the administrative arm is usually in the capital, the state of they have an interstate compact office that that manages the state. But But all that goes out to field offices. But when I when I when Santa Fe gets an application from from Oklahoma, or from Arkansas, or wherever it comes from, the people in Santa Fe don’t investigate it, they send it to the field office that said the region of foreign persons proposing to live and the field office does the investigation to go out meet with people they determine the proximity of things that would that would create a problem, the background of the people who would be living in the home are the guns everywhere. Are the people going to be complied to they have criminal background, I mean, when you when you’re applying to live with people, the people that you’re going to live with cover under the scrutiny of the corrections authorities, they’re going to be coming in out for home visits. And they’re not going to be too keen on coming up with a house full of guns.

Andy 51:22
I’m just picturing some dude in an office in a waiting for phone calls with a vacancy sign out there. That’s what I pictured for the icons person.

Larry 51:29
So but yesterday in the archives, people are going to be dealing with the supervising officers more than than offenders. But I can say people do call in saboom. But do get reasonably good cover have a gauge of reasonably good conversations. But there’s administrative arm of it the field offices are where the investigations are going to be done at a probation officers going to come out in most cases, and investigate the proposed residence of the people who occupy that residence?

Andy 51:57
Is it likely do you think that Texas will not let them apply to move? Or do you think it is likely that Mississippi will say new?

Larry 52:06
I’m not really on the inside of Texas, in terms of how many offenders they would want to get rid of, I’d want to get it all I can. But that’s just me. I don’t understand that’s a no brainer when you talk about no brainers. To me, if if you can get another state to supervise your offenders, you’ve you’ve really won, you’ve won the lottery there. So I would want to get rid of as many as I could.

Andy 52:30
And your reasoning there is if if we have no registrants known registrants pfrs in our state, we have no chance of any of them reoffending. I mean, that’s the logic, there is pretty sound.

Larry 52:44
I want to get rid of all defenders. I can’t I’m not putting myself in. I don’t want the the guy who wrote the criticizing email on YouTube last week to understand this is I’m putting I’m putting myself in the position of an administrator. And I’m thinking exactly like they would logically think this is not my personal view. But if I’m holding the position of Secretary of corrections of the state, my policy in that role is going to be I would want to get rid of all I could because the more fenders I have in other states, the more fences Ria fence is going to be occurring there. That is absolutely a no no brainer. Statistically you cannot argue with that. Right. So so I do not know what Texas policy is. But I know I know our state. They try to impede movement, both in and out. There’s something about them where they want to hold on to offenders and they don’t want to do the paperwork. I don’t know if it’s if it’s for budgetary reasons, if they can justify more full time equivalent positions or what, but Texas probably will not be the impediment he will probably have more issues than Mississippi because it Mississippi has an extremely strict registration scheme. They have driver’s license markings. They have they have, as far as I remember, exclusions zones, and he’s going to have whatever he proposes to live in Mississippi is going to probably not comply. So I suspect he’s if he gets if he gets past Texas, he’s going to have problems in Mississippi because there’s so many barriers that they don’t even have to look hard when you have a state that doesn’t allow you to live anywhere. And you have to jump through all these hoops to find a place to live so he’ll probably be denied because his residence doesn’t comply.

Andy 54:27
Do you want to stick around that for just a minute and talk about how really atrocious Mississippi is as a as it’s hostile to pfrs.

Larry 54:38
Well, we can for a little bit it’s it’s it’s not a place that’s the south of the Deep South is there another place you want to be? Mississippi is one of those states you don’t want to be we had the registry officer and I won’t name What county because if he’s still there, it could cause him problems but a registry director for one of the counties that Mississippi contacted narsil A number of years ago and he said, I don’t understand why you people don’t come down here and litigate. He said, I have such ridiculous rules I have to impose on these guys. And he set up having to charge up fees for getting an ID every 90 days. And everybody, regardless of your offense, they have three tiers. But all three tiers coming in every 90 days. And he said, that’s just a total waste of time. He’s got people of buy list, he said, there’s only a fraction of I have any concern about and he said, but I have to have have the process through here every 90 days, they have to go redo their ID, they have to get their specialty bar driver’s license, and it’s just not a place you’re gonna find a lot of happiness. In Mississippi, it it would not be my first choice of places unless I had no no other option.

Andy 55:46
Can you put on your legislator hat for a minute and come up with a rationale for them making it so awfully bad atrocious for this, like, you could look around at your other 49 state peers and see what works and doesn’t work, but to just put the screws to people just because you can, I can’t really see how it makes much sense to put all that burden on the administrative side of the registration office to try and handle all of those people constantly coming in every three months.

Larry 56:21
Well, the the the what data Walsh Act was passed with the recommended changes. It required a lot of analysis to figure out how to do it correctly. And will i what i said early in the podcast about people don’t like to take risk. And still trying to figure out which offender belongs in the tier based on the offense and the nuances of the offense. Because the age of the same offense can be a tier a different tiers, depending on the age of the victim, you can have the exact same title of the offense. But if it’s a victim under one age, it should be a tier three, if it’s the victim over that age, it can be a tier two. And And my guess is that the Mississippi legislature doesn’t have a lot of brainpower, they’re probably a part time like ours. And the law enforcement put this scheme together and said, This is what we need to do to be AWS compliant. And they have been deemed substantially compliant with AWS. And nobody gave a lot of thought that when the proposal was presented, there was no one in the room that had any objection, when it went went through committee process, then it looked pretty good to everybody. And trust me, if there’s no objection to something, if there’s no constituency, no advocates of any type opposing, it is wishful thinking, to think that a committee having heard a piece of legislation as it’s been proposed as written, and nobody has raised any alarm bells about it, it is completely wishful thinking to think they’re gonna turn that down. They’re gonna say, oh, even though nobody has any problems with it. I do. It doesn’t work that way.

Andy 57:58
Let’s assume a person makes it through the hoops and is accepted here. She picks up a violation of supervision in the new state. What happens? Do they just extradite them? And what happens from there got this. This, this friend of mine that I was just talking about this happened to him, it’s just all the way around shitty.

Larry 58:18
This is one of the most misunderstood components of the interstate compact. The the person is actually not subject extradition, because they’ve already waived extradition when they agreed to be supervised in a state. Other than the one they were they were convicted of that massive amount of forms that you signed. One of them is a waiver of extradition. So you’re not extradition doesn’t even come into play?

Unknown Speaker 58:47
Okay,

Unknown Speaker 58:48
why not?

Larry 58:51
So Well, if it’s not an extradition, what the hell is it?

Andy 58:55
Right, if Yeah, exactly. What is it if it’s not expedition?

Larry 59:00
Well, that’s it’s actually a retaking, which is different from an expedition.

Andy 59:08
Okay, and so you always get hung up on semantics in terms and you want to be hyper specific. No wonder people get so frustrated with you. What is the difference between extradition and a retaking? You still get hauled back to the original state? So what’s the difference?

Larry 59:26
Well, there’s a big difference. an extradition a bit You’re right. You do get you do potentially get hauled back to the state. an extradition can fail in a retaking can fail. But the scope of an extradition inquiry is so different that a retake and an extradition. You have a fugitive demand of of a sovereign saying we want our we want our alleged criminal back. And so that’s the demanding side of it. That’s the demanding state and you have a place for the fugitive Hold up, that’s called, that’s called the asylum state. And the demanding state only has to prove two things to get that offender back, they have to prove that, that they’re that they’re seeking the return of the right person, and that they’ve put the paperwork together correctly, to execute that demand. That’s all the due process, you have been an extra addition. And if you’re subject to a retaking, you have the right to a determination before a neutral detach hearing officer, that probable cause exists to retake you that you violated. A sup with the word is it is it’s a, it’s a serious violation it you have to violate a condition of supervision. And it has to be serious enough that had that a violation occurred by someone who was convicted in that state, that revocation would be thought of that individual. And so if a person violates curfew, um, they wouldn’t normally seek a revocation. In Georgia, Georgia cannot try to force a revocation from an out of state offender for that. So it has to be a significant violation. And then you’re entitled to a showing of probable cause in a hearing before you have to go back to the state that you were convicted in. So if I had my choice, where I could only contest my identity, or if I had a choice of having having to force the probation officer to put on evidence showing probable cause, which would you choose?

Andy 1:01:31
I would certainly rather the retaking versus the extradition.

Larry 1:01:36
So so that’s the difference. So that’s why that’s why it the semantics are important. Anytime you violate supervision, and you’re not in the state that you’re with, when the attorney comes to talk to you and says, You should just waive extradition, that attorney is not qualified to represent you. Because the first thing you need to tell that your first thing you need to tell them is I’ve already waived extradition before I ever got here. This is not an extradition, this is a retaking, and I’ve been titled to determination of probable cause in this state. Before I have to go back to my state of conviction to the sending state, this is referred to in the compact. And if your attorney says you’re not entitled that that is the warm attorney. Now I realize if you have a public defender, you’re going to have to make that argument somehow directly to the judge, but you’re entitled to a probable cause determination. And go over that with lawyers. Well, that would be a convened hearing, where the probation officer would put on evidence of what the violation was, you’re entitled to notice of the date of the hearing, what the alleged violation is, as some kind of scope of what the evidence is, are going to witness list of what they’re going to use against you to establish the probable cause. And you have the opportunity to call witnesses to cross examine their witnesses. It’s a it’s a regular adversarial process, unlike the extradition, where they’re showing a proof of identity. And the judge s issue, Andy was looking at it. Yes, I’d like it. I’m looking at this picture here. It looks a lot like you. bailiff, take his fingerprints, let’s come to Let’s run them through the aphis in sequence and say person, maybe that’s the issue that that’s the scope of the inquiry for the extradition there for this isn’t does it really rise to the level of being a significant violation of supervision? It is there at least a showing of probable cause that did you that doesn’t require, remember, it never requires proof beyond a reasonable doubt to revoke your supervision because you’re already convicted. But there has to be some evidentiary process and some confrontational process allowed. And without that, you can’t be forced to return to the state that that convicted you and the Henley’s people these things to sign all the time to waive extradition. It is wrong, because the only way you’re actually supposed to be able to waive your retaking your probable cause hearing and retaking is to admit to one or more violations of supervision as a part of that waiver. And you would never want to admit anything unless you want to be resolved. If if the state is willing to come pick you up and take you back. The chances are real good, you’re going to do some some jail time, at least if not going to prison. If they have to incur expenses to go to Florida to pick you up to take you back to Oklahoma. Even though it’s the extradition transport company, somebody needs a little bit of skin out of you for all that trouble. So you don’t want to go back there and have that revocation hearing because when you get back there, they’re not gonna they’re not gonna care that you’d have probable cause here. They’re gonna go want to go straight to the revocation. And it’s you’re going to have a hard time arguing about your probable cause determination because the officers that would have testified it’s probable cause hearing, they’re back at the other state. They’re not going to be there. And, and so you’re gonna end up at a revocation of what they’re going to offer you as some kind of deal to admit to the violation. And they’re gonna make it sound really sweet. So you’ll sign off and admits a violation without them having to bring witnesses in, because if you don’t admit they are going to have to put on some evidence. And it’s not necessarily the strongest evidence I’d have to put on, if you were if it was a trial of the merits, but they’re gonna have to put on some evidence of the other violation, which is usually your admission.

Andy 1:05:32
Does the interstate compact include out of state offenders from US territories such as Puerto Rico or other countries or just the 50 continental states?

Larry 1:05:43
I believe the territories are included, but but not other countries. But I think the territories are included. I don’t remember what’s on the list. But there’s a list of the back of the of the of the bench book LD on the website, it has all the states that have have have great, and I think the territories are listed

Andy 1:06:00
back to the extradition, retaking the answer, but how does this happen? How does the court not know what process should be afforded the individual that has done whatever level of violations they have done?

Larry 1:06:12
Well, that that is a that’s a great question. And the reason why the court doesn’t know is because the court doesn’t assign the case numbers that causes things to come before them. So in some cases, like in our state, you just languish, you know, you don’t ever go anywhere. So if a probation officer arrest you here, since they can do warrantless arrest, they can take you on a custody order, issue, what’s called a PV hold, and then nothing happens. You just sit and sit and sit, sit, because there’s not a local case attached to you your cases from out of state. But, but, but in states where they do a little bit more correctly, if they if they lodge someone in custody, they have to generate some kind of case number. And often what they do is they open a miscellaneous fugitive demand case, and it looks like to the to the court that that’s exactly what it is. So so so the judge when he would when he or she opens the file, they open up a file, and it’s got that case coding, that’s a fugitive extradition demand. So the first thing they ask is counselor, does your client want to waive extradition going back to Arkansas, and, and the person sitting in jail, and, and jails always look better than one year not and most of the time anyway, because nobody wants to buy but think about that way, when you were in custody, how many times people waved water to get to a different jail because it was going to be better. And

Andy 1:07:36
we were watching a TV show of like a prison in Michigan and someone had a you know, a one person cell and they had a piano in there like a you know, electric keyboard. I was like, I need to be there.

Larry 1:07:48
So Well, anyway, people people find themselves in these dungeon jails. And they, they they just go ahead and agree to go back and they wave. They wave their their due process. And they sign the extradition. And as far as the court is concerned, since no one’s raised an issue. defender doesn’t know that it’s not the correct process. Neither does the lawyer. Yeah. And the case looks like an extradition so so the person signs their extradition, the state’s notified that they can come pick the person up. And that’s the way it happens. All too often. People people get hauled back. And they shouldn’t have they might would have been able to extinguish the violation if they had pushed for a probable cause determination. And it’s so so sad but happens all the time. Tell me about your guy. How do you what what happened with your guy that that you said that that does

Andy 1:08:36
happen to I, I’m I want to be as as loose and abstract as possible. But what I understand is that his brother brought by his kids to like to see his parents, so he was saying it with his aunt and uncle. And that caused the violation. But he was near children. And I’m pretty sure they extradited them, he paid some large sum of money for to have an attorney represent him. And I don’t know quite all the details beyond that other than Him paying for an attorney. And I mean, maybe that was he was trying to do the due process thing to try and defend himself. But he ended up and then maxed out. They brought him back to Georgia and he finished at a sentence and spend another additional two years locked up.

Larry 1:09:24
So he but he did her. Where was he supervised at Texas? Yes. And any artifacts in Florida to try to to defend them on the on the retaking?

Andy 1:09:35
I believe so. Yeah.

Larry 1:09:37
It’d be curious to know if that if the lawyer called it an extradition because that would that would tell me that the lawyer probably didn’t have the proper preparation, understanding if he referred to it as an extradition.

Andy 1:09:47
I have I have prepped him that he might be a guest for you to inquire about to see what went down and try and do further. You know, not not specifically for him because this has already passed but to educate For the future of people that may end up in this condition.

Larry 1:10:03
So well, it’s it’s all too common.

Andy 1:10:07
Yeah, I can only imagine because none of us know this crap. Larry, like none of us, we almost need to have some sort of like Internet bot run around and catch people that are on a blog or somewhere that has done like a revocation that we can then try. I know this is impossible, but try to reach out to to try and advise them. It’s impossible. Yeah, no kidding. Someone says stay away from Texas in the chat. Definitely.

Larry 1:10:29
So well, that is why I am here.

Andy 1:10:33
Yeah, I got a button for that. You know that I got a button.

Unknown Speaker 1:10:36
That is why I am here. Yeah.

Andy 1:10:38
Wow. All right. I don’t think we have time to do any articles there.

Larry 1:10:42
We’re are running short of time, aren’t we?

Andy 1:10:45
We are we are we are let’s let’s cut it short, Larry. Visit registry matters.co. That’s the website. And well wait, before we do that, we do have a new patron that my very good friend Leo has become a patron at a very generous level. And I want to extend a personal best of success on your recent freedom to him. So congrats. And thank you so very much for becoming a patron. Like within days, man, he gets out of gets out of prison and becomes a patron a couple days later.

Larry 1:11:10
And that’s fantastic. And we do have super patrons question. Oh, shoot.

Andy 1:11:16
Right. We have super patrons question. I forgot about that. And I have a button for you ready for our super patrons question.

Larry 1:11:22
Hi, I’m ready.

Unknown Speaker 1:11:26
Hey, guys, just wanted to call and ask a quick question, Larry, if you could, would you explain the differences between cases that are dismissed with prejudice and without prejudice? I’ve seen in the recent ex post facto case that was dismissed in Florida, that it was with prejudice. Could you explain maybe what that means and what that means to the case? And maybe the differences between the two? I really appreciate it. And as always loved the podcast and fyp take care of

Andy 1:11:57
interesting question.

Larry 1:11:59
So well, that one’s fairly easy. It’s it’s the with prejudiced spins, attack cases dead, it’s been extinguished. That particular case is dead. Now the issue itself may not be dead. But that case has been decided on the merits. And for whatever reason, it’s it’s over. And when a case is dismissed without prejudice, make it real simple. A case can be dismissed without without prejudice. The officer doesn’t show up. And, and Okay, so first persons a person’s in custody. But well, Jeopardy has not attached. Yes, the person was in custody, and the person’s attorney screaming that this case should be dismissed, because the officer didn’t show up. But there hasn’t been a decision made on the merits of the cases, just just simply the officer didn’t show, therefore to be dismissed. The prosecution can go back and refile the case. It’s been dismissed without prejudice. But if the officer did show up, and a decision was made, and it was it was educated on the merits, there, then it can’t be rebroadcast if it’s an adverse decision. So this this case, I have no idea which case he’s talking about. But it means that case has ended, that they cannot refile it, that the Jeopardy has attached, and it based on the merits the cases over.

Andy 1:13:19
All right. All right. So prejudice means dead, not prejudice means it could be brought up again.

Larry 1:13:25
All right. But without prejudice, Yes, it can. It can be refiled. And and like our case here on our LSA translation, where we had challenged the failure to provide due process we ended up with of our all of our plaintiffs, we ended up with only one left because of adverse ruling where the judge decided that since they had not asserted their their claims within three years, that the statute of limitations barred them. So those plates, those plaintiffs were dismissed, we ended up with one he moved out of the state. So we end up with somebody who did have a controversy because he was no longer been required to register under New Mexico law. So that case was dismissed without prejudice, we could refile that, that that case with those issues because we have litigated them on the merits. And we are about to do that probably early in 2021. But but but test test the difference, we can refile.

Andy 1:14:17
Alright, alright. So then I’ll try to do this again. Or I think we’re done. Are we done?

Larry 1:14:25
I’m really hard. So how do people support How do people find us first, where do where do they find this podcast?

Andy 1:14:33
Find us at registry matters.co.

Larry 1:14:37
And then how do we how did we get that phone call we just received?

Andy 1:14:41
Well, that was actually he just he recorded on his phone as a voice memo and emailed it in which is awesome because it sounded so much better than a phone caller.

Larry 1:14:51
But if they were to call us how would they do it?

Andy 1:14:54
Alright, that’s 74722744777472274 Seven, seven is the phone number to reach the podcast and say fyp at the end, or I’m not playing it.

Larry 1:15:06
Alright, and then if you want to write to us, you can do it on YouTube. In the comment section.

Andy 1:15:14
We’ve been getting a flurry of comments on YouTube lately. Any anything you want to cover there?

Larry 1:15:19
Well, I just I was I was wanting to play that clip today. We may play it next week. But I wanted to play that clip, because the person did say that, that we took a position about herd immunity. And in my mind and looking at the transcript, listen to it. I don’t think we did. I said that there is a theory out there of herd immunity. And then in my mind, I was poking fun of the theory, because I don’t believe the theory holds water. But there is that theory. And I said, But yes, there’s a theory there, this would constitute a real time lab experiment, because the people in prison, the prison population is relatively stable. And once the infection has, has, has made its way through the prison, theoretically, that immunity under that theory would exist. And so those who didn’t die, which would be a tragedy, because people in prisons thought that we talked about I think we even gave the number of how many people had died in prisons. But those who didn’t die with directly be immune. But but that I said, how’s that working out? For us? I posed that as a question I don’t think we took Did you take a position?

Andy 1:16:27
I don’t recall, do it. I said it would be a great natural experiment to actually figure out what it is. This is a perfect natural experiments to figure out if herd immunity does work because you have a confined population that pretty, like you said, stable. And you have a smallish number of 500,000 2000 people in those prisons and jails, yeah, it would be a perfect way to find out if we can achieve herd immunity. And I’m going to go if it hasn’t worked out so well.

Larry 1:16:52
Oh, well, like say I thought I was poking fun of the people who who were the are the proponents of that theory. I did not know I was endorsing it. If I did. It sure was news to me.

Andy 1:17:03
So registry matters cast@gmail.com. And then of course, our favorite way for people to support the podcast is to go to patreon.com slash registry matters. But also follow us on Twitter and look for us on YouTube. You can find us at registry matters in all of the places and Larry that is all I have for this evening.

Larry 1:17:24
If you watch us on YouTube, make sure you hit that subscribe button. We we need that number to go up every week. So hit that button of course and and and even hit the bell so you know that when there’s of course Yeah,

Andy 1:17:38
that’s what I wanted you to say was hit the bell. Perfect. Larry, have a great night. I appreciate it. As always.

Unknown Speaker 1:17:45
You’ve been listening to F YP


Transcript of RM155: NY Court of Appeals Says Prison Post-Sentence Detention is Constitutional

Listen to RM155: NY Court of Appeals Says Prison Post-Sentence Detention is Constitutional

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from fyp Studios, east and west, transmitted across the internet. This is Episode 155 of registry matters. Larry, are you all fat dumb and happy from Thanksgiving?

Larry 00:24
Well, I would say at least a couple of those things.

Andy 00:28
How about old fat dumb and happy?

Larry 00:30
That’s even better?

Andy 00:33
I have something to show you. Can you see the the camera angle of me? Sure. Can I have something to show you? Can you can you read this?

Larry 00:43
No, I can’t read anything because it’s dark.

Andy 00:47
It’s dark, but says I am currently unsupervised. And then something about anything is possible at this point.

Larry 00:54
Well, anything is possible. That’s what I’ve been telling you for years now.

Andy 00:57
Yes. And if they if they if they want to do it, they can do it, they will do it right.

Larry 01:02
That’s correct.

Andy 01:03
What do we have going on? On this episode tonight,

Larry 01:08
we have an amazing amount of content that we will never be able to get to. We have better

Andy 01:15
to have too much than not enough, right?

Larry 01:17
We have five lists or contributions. We have a case, an appellate decision from New York regarding detention posts sentence. And we have some articles that we may not get to any or only a couple of them. But we have quite a program. So I hope everyone had a wonderful Thanksgiving and we’re ready to plug ahead plow ahead, I should say,

Andy 01:43
plow plug whatever. And I guess we will start with the first listener contribution which you actually said to me to be read

Unknown Speaker 01:51
first. How about that? Right.

Unknown Speaker 01:53
Sounds good.

Andy 01:55
All right. So here we go. So from this person says I am writing to inform your organization that no one at least the ones that I’ve spoken to at this facility received the volume XII what is that 13 issue for? From August September 2020 issue, none of us have received any restriction notices either. When I realized I hadn’t received the paper newsletter, I reported to I sorry, I resorted to viewing it via email, which I fortunately have. I believe the reason for not receiving the newsletter was because of the story that shed light on this facility. It is clear that the mailroom is censoring articles that are damaging damaging to the reputation of this institution. The article did a good job explaining the situation here. And trust me there is much more that can be said I just hope by him writing under his name won’t lead to retaliatory action against him, as mentioned by some other writers from that issue. I know of a few cases where individuals would try to write their public official the press ACLU or other advocacy groups and had their mail block or intercepted or as most likely with the August September issue just thrown away and not delivered to the inmate. I would really like to see some of these people held accountable. These people should be charged with mail tampering. Just because we as inmates have committed a crime to get here doesn’t justify our overseers to commit crimes themselves to further punish us. Anyway, I want to thank you for your newsletter and just wanted to update you as what happened to the August September issue. I don’t mind using some of what I’ve said in this letter, but please use my initials or otherwise hide my identity as I can’t afford any unwanted attention at this time. Wow, can they can they mess with your mail every when it’s coming into the institution?

Larry 03:45
Yes, they can. We are very carefully considered that article and I personally reviewed what was in it as the publisher of the of the marsel digest newsletter. And we bent over backwards not to do anything that we felt would would compromise institutional security. I mean that the institution people there obviously know that that at that particular institution and many others that there is a problem. And what we were attempting to do was to illuminate to those on the outside world, how critical this situation has become. And I if they put up the best argument they could possibly put up they would say that the fact that the that the rampant nature of COVID at that institution, would would cause on rest of my bandmates therefore they had a duty to censor that to keep it to keep the situation from from being unmanageable, but that’s a stretch.

Andy 04:49
They block all kinds of things whether it’s based on certain specific kinds of words that are in there they block depending on which place you’re at whether the block how much flesh is shown, I’m sure They won’t allow anything with like weapons or ammunition in it. So this isn’t an unknown kind of thing for them to intercept or block or, you know, whatever kind of mail coming in?

Larry 05:12
Well, we we are actually consulting with what legal people, we’re going to consult with other publications that go into prison. There’s, there’s one Biggie called prison legal news. And we’re going to figure out if we have a cause of action, but we would really like to know, is did they did everyone, in fact, not receive the newsletter. And it’s difficult to ask that request without identifying the institution. So So more generally speaking, if you’re in an institution, and you’re one of our subscribers to the narshall, digest, and you did not receive the October issue, we would sure like to know about it, we would really like to know.

Andy 05:51
And what would be the recourse other than mailing another copy? I mean, can you actually sue the institution?

Larry 05:57
Well, if they have, if they have blocked it without any any reason whatsoever, like I say, the best case I could make would be that this would be it would cause unrest among the inmates, because it’s being exposed, that there is a problem, but I kind of think they already know it, that there’s a problem. But But if what we would do is we would ask, we would ask a court to compel them to allow the newsletter the the inmates deserve to be informed about things, that you don’t lose complete rights while you’re in prison, you have severe restrictions, but you don’t lose. All right. So this is one of them were publications have have been successful, including prison legal news, when when, when they’re, they’re denied access.

Andy 06:41
And so and Charles and chat says freedom of speech, do you lose your your freedom to receive to hear speech while you’re gone?

Larry 06:49
You do lose some of that I was just justice, just saying that it the institution has an obligation to keep the functioning of the facility, safe for everyone, including the staff and the inmates. So you don’t have the right to sin and something’s going to stir up a ruckus. But we considered that when we published this article we looked at is this going to cause a ruckus in any way that they’re going to be? And I reviewed every line of the article myself. And I didn’t see it, that this would cause any institutional unrest. If people are being taken to sickbay. And they’re being treated for COVID-19. And they’re being taken out on stretchers. I suspect that that the way the prison grapevine works, I suspect they already know that inside the prisons.

Andy 07:38
Gotcha.

Larry 07:39
All right, wouldn’t you?

Andy 07:41
Yeah, totally.

Larry 07:43
Yeah. So so we weren’t encouraging an insurrection. We were simply relaying information as seen from a person on the inside of several institutions. That’s what we were doing. And it’s very difficult for in a normal press or relationship, you would you would you would seek the other side of the story. We don’t find prison very helpful wanting to give their side of the story when we call them for a question. If we get through it, anybody they don’t want to tell all they do sales, it makes complaint about everything. So So, so we did, we didn’t have another side of the story, but they certainly can feel free to write us and tell us that we have not presented the story accurately. And we will consider a rebuttal if it’s if it seems like it’s reasonable. That what they’re saying is remotely true. We would publish that in response to what we published.

Andy 08:34
I see I see. Well, then we should move on to number two. This one, this one is fun for me. So I’m gonna I’m gonna turn on my super snarky voice. I’m waiting to sign up to receive your publication. I am incarcerated on a PFR type crime I did not commit but I have been given a 10 to 20 year mandatory minimum sentence. After I serve this decade. I’m facing 20 damn years of intensive parole, aka supervised release. This should be illegal to have this sentence but it is the norm in West Virginia. It should be construed as double jeopardy. I will have already served my time, but will still serve as secondary sentence. My lawyer explained supervise released as parole on steroids. He said they make it hard for parolees to even work. They can call you in for polygraphs, breathalyzers classes, counseling or even show up for home visits 24 seven. On top of that, in West Virginia, I’m also required to register for life, that is triple jeopardy. I have to carry a stigma around my neck as they used to make criminals were a dead albatross. In many states, the time is five years to register or you have the ability to petition for registration removal. These rules prevent people from having a fair advantage for Employment and Housing was something needs to be done. I plan to fight this archaic, antiquated bias policy. I hope to glean some knowledge from the publication that will assist This being my fight. Thank you in advance for your help. And for being a voice for those of us with these gripes in solidarity and respect, Larry are split sentences with mandatory minimums like is that double and then with the registers that chip triple Jeopardy?

Larry 10:16
Well, I, I feel his pain and and in some cases the the the the post prison supervision has been added on I think in North Carolina, they’ve done that and apparently hasn’t been successfully challenged. I’m not totally familiar with Virginia, if he would have known about West Virginia, excuse me, if he would have known about this. At the time he was sentenced, but on on the surface, simply having a period of incarceration followed by a period of supervision, that is not unconstitutional. So that would constitute double jeopardy. So so he’s, he’s, he’s misguided on that. And then he’s common in many states, the time is five years to register, I’d sure like to know where that list of state is states, what that list of states is, because I’m not familiar with it.

Andy 11:03
It’s just a matter of your registration obligation. So it’s gonna be pretty short.

Larry 11:07
Yeah. I think maybe in Colorado, you might have for low level misdemeanors, you might have the ability to get off after five years, but I can’t think of a list of states where five years is enough. So I think I think he’s he’s got misinformation on that which is common with him in prison. In terms of what his lawyer told him about the supervision, I’m actually pleased that the Lord describe it accurately, because that’s a very good description. Those are things that do happen. I don’t know about the middle of the night. But I know that that everything else out in the middle of night happens, the polygraphs, the the home visits, it all kind of hours. It doesn’t sound all that out of touch with reality. Except them. There’s a couple states where they do it perfectly. One is Maryland, the other one’s Georgia, but others had those two. Other than those two states were where they were they treat people properly. That all that sounds rather routine.

Andy 12:07
I will tell you, I never got a visit past I think 930. And that was only like once in almost seven years, I only had a visit at 930. That was the latest and then one at superduper. Early in the morning before breakfast timeframe. But otherwise, it was always between, you know, like after lunch to nine o’clock at night, it was always incredibly reasonable hours. So the 24 seven, I know they can come do it. If they I think that kind of has more and depending on the state, of course, but I think that has more to do with the individual if they have some sort of inkling that you’re effing up that they’re going to come mess with you at different hours. If they don’t have any reason. I don’t know that they don’t want to be up at two o’clock in the morning, either.

Larry 12:49
Yes, I tend to agree with you. My status particularly bad, but I haven’t heard of at two o’clock in the morning visits from supervising authorities. But you know, it could it could be what I would ask for this person would be for him to write us back again with a little bit more information. In terms of was he made aware of this post prison supervision at the time was that was that explained to him? And if it was, I mean, this is not double jeopardy the registry is not triple Jeopardy because the registry until the court declares that to be punitive is just simply a civil regulatory scheme. And and if if West Virginia does have a way off this, that’s too bad. Some states don’t have it’s tragic. Some states don’t have a way off. And that that said, but you know, he’s not. He’s not required to live in West Virginia for the rest of his life, he could conceivably go to a state that would have a way off the registry.

Andy 13:45
Right? Do you just go to have some sort of number in your head of who what how many states have lifetime Do you?

Larry 13:51
I don’t but it’s a significant number. Nowadays, there’s at least some, okay, well, there’s at least some segment of the of the of the fenders have to register for life. It may not be that for everybody like Florida, it’s for everybody, Alabama for everybody. But some of the states if they’ve done the Tierra Ly, but there will be a lifetime category and you should they put more people in there than what the feds have recommended and AWS a classification system. You know, it’s a categorical approach based on your fence and they’re, they’re more people put in lifetime they really are required to be but you can overdo your you just do you have more problems if you under tier.

Andy 14:28
I see anything else before we move on to number three?

Larry 14:32
No, I’m sorry for God West Virginia for all of our listeners in West Virginia. It sounds like it’s not a great place to be.

Andy 14:41
This next one comes in and it’s a it’s what 12 days old and we somehow just sort of missed it. And so we have some excerpts to read. So I am a convicted so with an offense which occurred in 1985. That’s almost the year that you were born there and no that would be 1885. Correct at that. At that time. There were no laws were Requiring electronic monitoring registration SMTP programs polygraphs, civil commitment or any other laws associated with this type of offense. I was required to attend a mandatory SMTP program with the attached polygraphs. After nine months, I was falsely accused of tampering with the GPS device I was required to wear along with the painful ankle monitor. I was ultimately sent back to prison for supposedly failing to Polly’s related to the tampering. And then finally, I would not be here if not for the retroactive loss. Maybe you have a suggestion How To combat this and get reinstated. Do you have contact with cure the ACLU, the Department of Justice, other organizations that might care? I don’t know what curious offhand. I think maybe I’ve heard it, but it doesn’t ring a bell that clearly.

Larry 15:46
So yes, it’s Citizens United for the reform of errands. It’s a group that that has been at our conferences before. I believe that’s what it stands for. But so we got a little bit to unpack here. So the he was his offense occurred in 1985. And he is correct. We had we were in the very beginning of development of electronic monitoring in 1985. So that would have been an anomaly for that to exist. Registration other than Alaska excuse rather than California. There was no there was no sexual offender registration. polygraphs were around back then. And I hate to break it to you civil commitment has been around since the beginning of time. Now what he’s referring to his sex offender specific civil commitment, rather than just applicable civil commitments been around as long as the republic’s been around I think, or at least close to it. But But in terms of that component of it, his offense occurred in 1985. And if the registry has been deemed pirated, if he happens to be in a jurisdiction where the registry has been deemed to be punitive, then he would have something to hang his hat on because they would not be able to apply it to him the registration requirements if his if his description as accurately so if he’s described the situation accurately. Now, Texas, I think reach reaches back a lot further. But there there there are some states where he you know, the statute doesn’t reach back reach back that for or the courts have limited them from reaching back that far. So he there would be options where he would not have to register. So that would take care of that. And what’s his other question? Oh, we have that big setback for the polygraph. Okay, I would very much like to see. I hear this over and over again. And I haven’t seen a shred of evidence that has supported the the tamper with the polygraph with the GPS. He I doubt that the petition to revoke says they failed a polygraph. What I suspect the petition to revoke says is that the the GPS was not working correctly, was removed or in some way tampered with. But I doubt they said we are seeking revocation because he failed a polygraph related to tampering. I just haven’t seen it yet. If you have such a petition that says that, please send it to us. Because I want to go on the air on this podcast and say I have seen something I haven’t seen yet because everybody says I got revoked for failing a polygraph. They got revoked before the addition they made at the post polygraph interview is what usually happens. And I don’t believe that the petition to revoke his supervision said as a result of short deception on the polygraph test. We believe he tampered with his GPS device, I believe they would have said something along the lines of the GPS device was removed and examined. And it showed evidence of being having been tampered with. That’s what I would blades a petition but have said.

Andy 18:57
And then during the poly they asked him if he had tampered with it. And he said no. And the thing goes all walkie and they say hey, you showed deception. He goes yeah, I messed with it.

Larry 19:06
Well, he possibly did it. He could have said no, I did. I don’t know why showing deception. But they would have had evidence of that they would have they would have put on some minuscule evidence showing that the polygraph that the GPS have been tampered with what they likely would have done. Yeah, it doesn’t take much because remember, when you’re in a revocation, you don’t have the presumption of innocence, you are your own conditional liberty. So the rules of evidence are different. The admissibility of evidence is different. The standards of proof are a lot different at a revocation. So so so so you’re not there, you’re not trying to prove a new crime.

Andy 19:41
Right. And you are something of an expert on this whole element to that. You. Can you describe more about the whole revocation process?

Larry 19:55
Well, it depends on if it’s a probation or parole revocation there, there are two different two different tracks that one does administrative if pearls been revoked, and one is traditional, its probation has been revoked. And and the federal system you have supervised release, and it’s it is it’s, and they also have probation, which a few people still get in federal system, but both have revocations in the federal system or go through a judicial process. But in a revocation proceeding, since you are already guilty of a crime, the issue is, are you violating the conditions of your supervision. And the standard is usually more likely than not, it’s not beyond a reasonable doubt. It’s not even by clear and convincing evidence is usually whatever moves the conscious of the court slightly in favor of, of the of the allegation being true. So they would not have needed to have had as much testimony on on the alleged tampering, as they would have needed if they were charging him with a crime of destroying the device a brand new crime, they would have had to prove beyond a reasonable doubt that he destroyed the device. But if they’re just simply using the tampering as a basis for revoking his supervision, they would just had to show that it was more likely than not that he tampered with it. That’s that’s the standard and the the rules of evidence are much more relaxed, things that will come in on revocation would never be allowed. Some hearsay is allowed. You know, the cross examination still happens, you can still cross examine whoever they put on. But but the there’s there’s a lot more relaxed standard, because it is a convicted person who has been given conditional Liberty, and they’re not being accused of a new crime. They’re being accused of violating conditions of that of that liberty.

Andy 21:41
I see, huh? And then towards the end. Can you help maybe suggestions on how to combat this and get reinstated? I don’t even realize what we understand what reinstated would be, but I’m assuming he’s just like, get out from underneath this umbrella of garbage. What do you suggest he do?

Larry 21:59
Well, he’s got to get off the Texas prison system. But But with that, we got to figure out how much time he has left in in Texas prison. But see, there’s there’s always stuff missing from these letters that they don’t know what to write us. And we don’t want the voluminous amounts of material. But even though the crime happened at 85, we don’t know if they discharged him two years ago. here since everybody’s eradicated the statute of limitations. You cannot tell how how recently this person was charged with it. All we know is he said that the crime occurred at 85. With the charge five years ago. Did he plead guilty? How much time does he have left to go? Does he have any post prison supervision? If he doesn’t have any post prison supervision when he gets out the next time? The thing to do would be to leave Texas he’s probably Texas has has has this process where people get out early because they have such overcrowding. So you’ll you’ll you’ll get a 20 year sentence you’ll do two or three and you’ll be eligible to be released. So when he when he leaves prison again, he may still have he may still have paper hanging over him and he wouldn’t be able to leave Texas but is you’re never going to find your the promised land is not Lonestar state, I can tell you that.

Andy 23:17
He says he’s 64. He was 29 and stupid in 1985. If parole isn’t granted, I can be forced to serve until 2029. So he’s got roughly what eight years and eight half years left. that’s a that’s a long time. Carl says and Chet leave Texas. That’s what I did. That’s that’s my

Larry 23:35
recommendation. You know, they also quit voting for the law and order conservatives but but it but it says Texas doesn’t show any sign of of changing their political views. Although there was all this whole with a Texas it’s called a flip. Well, they didn’t flip and go. This is relevant, though. I mean, I’m sorry to tell you that that who you elect determines the sentencing, and the penalty severity, and how people get out of prison. And if you don’t want to talk about that, then we don’t have to talk about it. But who you elect has to do with how long and what conditions you’re going to serve in prison. And Texas has a hard right state I’m sorry to tell you I’m just a messenger here.

Andy 24:17
I know. I know. All right. Now come off of that high horse. So and Okay, this is this is we have a fourth contribution says, even though after the FBI thoroughly investigated me and recommended against prosecuting me for downloading what I thought was third Rock from the Sun, which is a sitcom television show that ran for a long time. It was really CP of little girls and deleting it within seconds when I found out what it was what it wasn’t. The prosecutor pushed for every conviction to get promoted. The new prosecutor wanted to drop my case, but since my paid lawyer had convinced me to plea already The judge only allowed me to drop the second most serious charges. Second more serious charges. My lawyer told me that because I’m 100% homosexual, that I’m sick and need to go to prison. I’m now trying to get some relief through the courts. Thank you for your great publication, all your hard work to get in sensible laws changed. Alright, so he apparently has, he did not intend to download what he downloaded, which then he ended up with what he wasn’t supposed to have.

Unknown Speaker 25:33
I think he screwed. Ah,

Larry 25:35
I tend to agree with you. He, unfortunately the this is a sort of the Michael Flynn case after you’ve pled guilty.

Andy 25:43
Okay.

Larry 25:44
Yeah. The Michael Flynn, National Security Advisor, formerly recently pardoned one. Yes. The that I was going to talk about that. But we’ve got too much in here already. But but there’s a there’s a slight comparison of that once you’ve once you’ve pled guilty, then apparently, at least according to the DC Circuit Court of Appeals, the judge, aren’t you at that point. And so his guilty plea by his paid lawyer now, now this is unique, because usually that’s always the public defenders, they get the rap, but he says my paid lawyer convinced me to plea. And so he had, he had retained counsel, as it’s referred to. And he pled guilty. And under the under the doctrine of the DC circuit, the judge, I want you at that point. So I can’t I can understand why the prosecutor would not want to let the case go, because they’ve already got your guilty plea. When would the judge read all that stuff? Do you understand all these rights or surrender? And he said, Yes, I do.

Andy 26:55
And is there anything about like a vendetta about my lawyer told me that I’m 100%, gay homosexual, that I’m sick and need to go to prison? Like, I don’t even know where that would come from. You think? Yeah, he actually said something to that effect. Well, he

Larry 27:08
says, My lawyer told me he didn’t say the DA.

Andy 27:11
Right. I’m, I’m it. I’m reading that. And I like those are the words that he wrote. But I’m thinking that why would if you hired a lawyer that said that to you, you wouldn’t hire you would immediately on hire that lawyer?

Larry 27:23
Well, if that was a natural reaction,

Andy 27:26
I’m thinking he’s, he’s telling his client, what the DA said, do it. To me, that’s what I’m reading, at least I’m hoping that’s what I’m reading. But I can’t even see them saying that too. Unless it’s Jeff Sessions. But

Larry 27:37
there you go on your high horse. You’re, you’re you’re criticizing man is an honorable man, he, honorable man who did his best to serve the country. And there you go vilify him.

Andy 27:53
I know, I know, I know, I’m a terrible person. So what about do you know, in your experience, do DBAs like really go after people in a personal sense? And that gets to back to the lawyer, which then I can’t imagine that you working for a lawyer that your lawyer would say that to one of the clients, I just can’t imagine that that comes out?

Larry 28:13
Yes, they do. There is there is homophobic prosecutions where the where the the attitude would be much more harsh based on based on the sexual orientation of the accused. And it does come into play. It would really troubled me if a lorry that was had been retained, or even a non retained board, if any defense lawyer said that the client was sick. Now I could see the way you describe it. them saying to a client that the prosecution says you’re sick, and you need to go to prison, this is the best I can do unless we go to trial. And we go to trial based on the fact that you confessed. And you’ve signed a written confession. And based on fact, this is a federal case, we can deduce that from where he is. And he’s an he’s a Federal Correctional Institution, being that they have all their eyes dotted and their T’s crossed and all this stuff, they would get a conviction, I could see him saying that this is the best I can get from this prosecution here. And if we go to trial, we’re going to have a worse outcome. I can see something like this being said, but I don’t think the lawyer should have been telling his client that he that he was sick, but you could relay that to him to apply and say this is what they think of you. That’s the reason why I encourage people when I tell them, You can’t actually have a conversation with the prosecution. They’re not going to tell you how sick they think you are.

Andy 29:32
Sure. Hey, this is another one. But I don’t know if you if you were the one doing like the pro se thing and you caught up the DA would they tell you in this case? We talked about that all the time where you can’t really call the DEA and say Hey, what do you think about me? They may tell you in this case,

Larry 29:48
they’re gonna do everything they can to avoid talking to you if you if you try to reach out if you’re first of all the courts can do everything they can to make sure you’ve represented and with a serious charge, they’re gonna at least have a legal advice. Sometimes nuts, they represent themselves. But but the prosecution has gone to everything they can to avoid talking to you. That’s just the way it is. I didn’t write that rule. But that’s the way it is. Because of a number of reasons, including that, it wouldn’t be very healthy for them to tell you that they thought that they think you’re sick. I mean, what, how would you react to that the average person wouldn’t react very well.

Andy 30:23
I don’t think that would go over. Well,

Larry 30:24
well, then what if you wanted to retaliate? So they’re just not going to tell you that?

Andy 30:28
Yeah, sure. Sure, sure. Sure. Hmm. There are, there are definitely ways that if you go on to the video sharing websites that would let you download TV shows and whatnot, it is not hard for you to end up in a spot where you’re downloading stuff that was not what you intended, you know, you’re downloading the latest music video of Britney Spears. And, you know, it starts out for two seconds being that but that’s the end of that and turns into something entirely different. And they’re tracking IP address of the FBI, and so forth three letter agencies, they’ll capture your IP address, find out your address from your internet service provider. And next thing, you know, you’re getting a knock at the door, probably two o’clock in the morning.

Larry 31:10
You know, that is that is what I hear. I don’t understand all that. But I hear that all the time that no one had any intent. But again, when we talk about defending the police, this is one of the reasons why we talk about curtailing their funding. If they had less funding, they would not be able to bring these type of cases against you and your loved ones. So when you automatically when you automatically or object any type of reduction of funding, because the funding is nobody’s talking about different place. But when we talk about curtail with their funding, this is an example of the reason why. Right?

Andy 31:54
with you there. And our final contribution, this one, I’m gonna read it all, but it’s not that bad. It says, Well, the reason I’m writing today is because I’m in need of some assistance from you, I was convicted in Dallas County for the offense of sexual assault of a minor, which I’m completely completely innocent of. Yeah, I know, that’s hard to believe someone in my situation. But narzo, you already know how hard it is for someone to believe in someone in my situation. I’ve been searching for help during my 1111 years of incarceration. But Up to now, no one has granted me an opportunity. And I understand why people refuse to help me out of the nature of the offense that lawyers won’t work or fight for this type of case. Also, due to the public backlash towards them, it makes them look sympathetic to these types of cases. That’s very wrong, because there are some that actually didn’t commit the crime. But I came across your address in a legal prison news or prison legal news. And I was wondering if by chance, you might be able to help me and guide me in the right direction, please, I sincerely need some help. I just need someone to believe in me and guide me in the right direction, because this is hard. Also, can I pay for one year that I just Bubble Bubble? Well, thank you very much for your time in this matter. It’s very important to me. I think that’s pretty much Oh, also, Happy Thanksgiving and Merry Christmas to everybody.

Larry 33:18
I put this in here because it comes from again, from Texas from a state prison in Texas. And that state is not known for being lenient or rehabilitative oriented. And when when he said that he can’t find anybody to help him. This kind of like would you tell letters to the editor? Would you tell the the the senior editor that I know you won’t publish this? Most of them bristle? And they said, Well, let me look at and I’ll see why. Well, I’m guessing that what he’s saying is he cannot find anybody who will take his case, pro bono. Right. And I have to remind him that we’re in a system of capitalism. And these lawyers, these cases that that in today’s age are very complicated. We don’t know. We don’t know the extent of what his what the evidence was a hell on him. We don’t know if he if he pled guilty. All we know is the title egg sexual assault of a minor. But we don’t we don’t know if he pled or if he went to trial. But if he pled the the the avenues open to a person to do a plea are so small, that even if he had gobs of money, if the lawyer had integrity, they would tell him it’s going to be very difficult to undo this plea. If he went to trial and was convicted. It’s it’s it there’s more doors open, but it’s still an uphill battle because at that point, you’re no longer presumed innocent. You’re presumed guilty Guess who the burden shifts to at that point?

Andy 34:55
I guess it shifts to you

Larry 34:57
yet Cindy and you’ve got to come up. With some evidence that that is substantial in nature, and the first thing people want to come up with it evidence is recantation. And that’s, that’s the worst evidence I can come up with is recantation, because all that proves is the person is a liar, which makes it he’s like they say, unbelievable. Which makes the prosecution say, Well, if you go forth now tell this story, which is not what you testified to under oath on trial at trial, I’m going to prosecute you for perjury. And that you should that you should disincentivizes the person quite a bit when they tell him I’m gonna lock you up for perjury. And even if they don’t go to that extreme, they tell them on cross examination, they’re gonna, they’re gonna demonize you, they’re gonna say, Well, wait a minute. Now, you’re telling this story today at this atheist hearing, but you testified to this at trial. So we can see that there’s two different stories. And it’s clear that both of them cannot be true. So you are admitting that you’re a liar, aren’t you? You are a liar, aren’t you? You have no choice but to admit that you’re a liar. Because the evidence is showing you clearly be a liar. There’s two different stories that have come out of your mouth. And then you say, Okay, so now there should admit it liar. Should we believe anything that you say? And, of course, the answer is, well, I am admitted liar. Because you forced me to lie initially, because of the way you the way you and your office threatened me, if I did. Now that I see the consequences of that lie. Now, I would like to rectify it. And I can clearly see that you don’t have any conscience about how you’re handling your office, and you don’t mind an innocent person staying in prison? That’s the answer. Of course, they’re gonna try to cut you off before you get through.

Andy 36:58
But some big kahuna, say all that too.

Larry 37:00
But that that is what you should say. And so we don’t know enough about his case to know, the basis for his innocence claim. But what we do know is that if he pled there are exceedingly few options to do that. And if he went to trial, there are a few more, but there are time, those those things, those actions are time sensitive. And he has to have been pursuing those claims. And he may, in fact, be time barred on some stuff. And if he doesn’t have any money, this is one of the pitfalls of our capitalist system. You know, it’s very hard. I mean, I know that that you would not believe it would be fair to take from a lawyer and force them to provide their services at no cost. Would you?

Andy 37:51
Like no, like they want to make every penny, right?

Larry 37:54
No, I’m saying as What right do we have to confiscate from a lawyer from a law firm their services without compensation? Isn’t that unconstitutional, done by an American?

Andy 38:07
It’s definitely unAmerican. I don’t know about the unconstitutional part. Well, we don’t want to work for free. Yeah, that’s,

Larry 38:13
yeah. So So I think, I think that’s kind of what what what he’s saying here is that that he hasn’t been able to find anyone who can take his case, pro bono. And the reason is because trying to unravel a conviction is going to be exceedingly difficult, long shot at best, and it’s going to devour a lot of practice time, to no avail. In most cases, no avail. There are convictions that are done and people do work for free. But that can’t be an expectation and a capitalist system, we have to figure out a way to fund this that I can just about guessed that Texas does the bare minimum they can do in post conviction relief, because that’s not a state where you’re going to get a lot of support, would you say? We need to help more people undo their convictions? I just don’t think that would play well with the average Texan.

Andy 39:02
Probably not, probably not. They want less government, less government. Anything else before we then move on to something of our feature event?

Larry 39:12
Let’s do it. We’ve already been at this for an hour and a half.

Andy 39:15
Almost it’s 39 minutes as I count. Ready to be a part of registry matters. Get links at registry matters.co. If you need to be discreet about it, contact them by email registry matters cast@gmail.com you can call or text a ransom message to 74722744771 to support registry matters on a monthly basis. Head to patreon.com slash registry matters. Not ready to become a patron. Give a five star review at Apple podcasts or Stitcher or tell your buddies at your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting. Without you, we can’t succeed. You make it possible. All right. Well, you put this thing in here. It’s about the New York Court of Appeals says prison post sentence detention is constitutional. So you put this decision in here for us to discuss it’s over 80 pages. Larry, do you actually think that I can read 80 pages of legal mumbo jumbo?

Unknown Speaker 40:26
No.

Unknown Speaker 40:28
That is why I am Yeah.

Andy 40:34
You’re gonna then like break it and then start laughing.

Larry 40:38
Oh, I did that pretty well, this time. Goodbye. I’ve got that voice down. Almost. Yes.

Unknown Speaker 40:43
Oh, yes, you do.

Unknown Speaker 40:46
So well, Daddy’s here

Andy 40:48
to discuss it with us, though.

Larry 40:50
That is why I’m here.

Andy 40:54
So first, tell me what is so unique about this case, everybody knows that parole is not right, and that they can hold you in prison after you. You pass your parole eligibility date. So why are we focusing on what everyone already knows?

Larry 41:07
Well, that is exactly why we’re focusing on this because there there are distinguishing factors about about when a person is eligible to release from prison. And this particular consolidated appeal, it was two cases. But it presents the opportunity for us to distinguish the difference and the parole as it’s understood generally, and periods of supervised release that may be called parole that follows the expiration of a person’s sentence. And, and this consolidated appeal of two different cases, it involves both of them. One of them had an indeterminate sentence up to life. And the other one had a determinate sentence which had expired. So that’s what’s so fun about this case, though, so so we can have fun with it.

Andy 42:00
Okay, and Is this about people that get some sort of final date here? You’re going to get released from prison on January 31? January 31 rolls around and they go? No, not today?

Larry 42:15
Well, again, it was two different cases. One of them had a parole eligibility date, because he was serving a sentence it was to to life, I think, or something to life.

Andy 42:23
Okay. Okay. And

Larry 42:25
he had been granted a parole eligibility date. In 2017. We had another guy we had the that was Johnson and Ortiz had a 10 year sentence, which expired in 2018. And at the end of his finite is a determined period of time, he wasn’t able to be released. And and he had, he had a period of post release supervision labor refer to his prs and New York. So so he would have normally walked out the gate, except for they detained him because of what we’re going to dig into this case. So we had, we had an indeterminate sentence, and we had a determinate sentence, and they were both held, for different reasons. But but that that’s how that’s what that’s what we’re going to get into.

Andy 43:15
You use the term a minute ago about a consolidated case, which I mean, I realize consolidated means they like join them. But if they have two separate cases, don’t you end up with like, double cases being combined if you do a class action?

Larry 43:30
No, what they did was this was two different individuals who had filed petitions for writ of habeas corpus, challenging the legality of their detention. And they trial court denied the habeas petition. So that the appeal, the appeal was consolidated at the at the state’s highest court, which I think they refer to as the Court of Appeals. I thought Maryland was the only court in the state that referred to their highest court. But apparently the highest court in New York is the court of appeals and they consolidated the two cases, because I dealt with the same issue of whether a person can be held beyond continue to be held in detention after they’re eligible to be released. And the the the Ortiz challenged, his case was more compelling because he had served all this time. The the other one, he had not served all this time. He they would release him when he completed his life sentence. And then he like I can promise you that release him at that

Andy 44:32
point. Probably in some sort of container, a little vessel like a box of some sort. Right. But so what did the court decide, I guess, would be the next sort of logical question.

Larry 44:46
Well, they decided that that in both cases that they that they can continue to hold people in the case of in the case of Johnson that He said it was not even a close call that discretionary parole is a generous act. And you have no right to that. So therefore, even though you’re eligible for it, you have no expectation of that liberty. So it was not, it was not hard to determine his case. So his was his was an emphatic denial. But they said, there were two use case that his challenge was presented a closer call because of the nuances of his his situation. He had served all this time. And when you’ve served all your time, you generally expect to go home, right.

Andy 45:34
And so I mean, I was kind of excited when they said, hey, it’s your time to go home, and they open the doors.

Larry 45:39
But but in New York, He had some things that worked against him that we generally think were for, everybody thinks that they’re for a risk based system. You know, don’t confuse this with tears, because we’ve got a lot of that goes on out there. But New York does a risk based analysis, where they determine through a process, that’s, that’s maybe not perfect, but there’s a process by which they determine what level of threat that you pose, and that’s a part of the sex offender registration act Sora. And, and they, they had determined both of these individuals to be a level three, which triggered the sex sexual assault Reduction Act comes into play because under under the sexual assault under Sara, a level three can’t live within 1000 feet of all these things. Sure, much in which in New York City would probably be an awful lot of things. That would be I mean, when you got a densely populated area, you’d probably have a whole lot of difficulty finding a place to live, that was within 1000 feet of something. So so they, they they the combination of Sora and the risk based system, with and and with the requirements of Sarah, the sexual assault Reduction Act, that these people who had had their due process to turn on what threat they pose to the community, they were determined to pose a high threat to the community. So therefore, they did not have the right to live in any place they chose, particular while they’re being punished, because the post post prison supervision, regardless of whether it was the case of Ortiz, where it was where it was a period of post prison supervision, or if it was traditional parole, that is still a form of their punishment. And the court said that we can’t put a person get immediate violations or supervision or civil supervising officers supposed to assure their compliance. So therefore, since you cannot, since you cannot live in these the places you want to live, without being in violation, you’d be in violation from the get go. So in order for the safety of the community, you need to be held in detention. So they sent them to a residential facility that wasn’t supposed to have what they call it an RF, residential RTF, residential treatment facility. So they sent they sent Ortiz to one of those facilities, and he still had too much restrictions. And he said, he put forth a very clever argument, he said that they should let him come and go as he pleases. Because he was not there for punishment. He said he was there simply because he didn’t have a place to go. So therefore, his restrictions should be almost non existent. And the court didn’t buy that either. But I mean, you have to give him credit. That is a that is a pretty creative argument.

Andy 48:35
Right? And, and you can’t find an address, at least from what the way that I’m interpreting what has happened here is you get out and they would then figure out that you can’t comply and then lock you back up, they’re not going to hold you preemptively because you can’t get an address before you get out. They would in Georgia, they would let you out and then nail you on the other side that you can’t be in compliance. Yeah,

Larry 49:01
well, but that’s that’s that’s different in New York, in New York has Sarah does sexual assault Reduction Act. And Sarah says that a person who’s been assigned to level three cannot live within 1000 feet of all these things. So your argument, your your your position, is logical. Usually we’ll let people break the law, but they’re saying you’d be in violation, the court said they’d be in violation from the get go. So therefore, this was kind of a preventive measure, so that they don’t go non compliant from day one. But But there were so many arguments this case took a lot of twists and turns about the level the standard of review and about whether it should be under the state or the Federal Constitution, and they didn’t adequately plead the state constitution because New York’s constitution provides greater protection than the Federal Constitution. But they just tiptoed around and they didn’t assert a state constitutional claim for this was decided under the United States Constitution. And they found that in view of the individualized process determined that these two were dangerous, that they could be held and and that’s the highest court in the state. So that’s kind of the law of New York. Now.

Andy 50:13
I was reading through the case, and both of them had actually gotten up before this case, by the time the case was on appeal. But they kept litigating at that point, like, why would you still care if you’ve already gotten out?

Larry 50:26
Well, it may be that the lawyers cared more than that this, this is one of those cases where we talk about the Buddhist doctrine. And the state will always argue that your case has been extinguished, because the your dispute has been resolved. But you can argue exception to that. And what that what this is a prime example of an exception, something that’s capable of repetition. So we don’t believe that these are the last two sexual offenders that might encounter this. This is clearly capable of repetition. And then this has continuously evaded judicial review, because the people have somehow had their issue resolved, before it got fully litigated on appeal. So this is one of those prime examples of exception to the Buddhist so you would argue as an attorney, that yes, my clients issue has resolved itself. But this case is not boot, because it falls into the narrow exception. So mootness doctrine, and this would be one of them a very fine example of of exception to mootness.

Andy 51:23
And how long I’m trying to think how long could they hold these individuals in custody?

Larry 51:30
Well, in the case of Johnson, they could hold him until he serves out the entirety of his life sentence. But in case of the case of Ortiz, they can only hold him for his five years of post prison supervision. And at that point, he would they would have to release it. Because that was that’s only the holding they’re holding held him on was he had, he had post prison supervision.

Andy 51:51
And forgive me, I’m going to be like extreme here. Like when they when you say they’re getting held past their sentence, they’re getting put up in the the Hilton with the swimming pool and the jacuzzi, or they staying in prison in prison,

Larry 52:04
while they were transferred to a community to a residential treatment facility, which is a part of a prison. I didn’t delve into to how much it was like a prison. I can imagine it was considerably like a prison. But theoretically, if you’re in a residential facility, they would be sudden coming and going else, I don’t know how you could refer to it as residential.

Andy 52:25
Okay, so I mean, could we do you think it’s like a halfway house?

Larry 52:30
No, I don’t think it’s like a prison facility. It’s maybe kind of like work release from a jail. I think it’s probably a an adjacent to a prison facility where there’s maybe not all the barbed wire on towers, but you still have, you still have more like a correctional setting. But this is where we would need a New Yorker to really come explain that the 10 facilities were named in the in the in the case? And I don’t know, I don’t know either one of them, you know, that they don’t those names don’t mean anything to me. But but but a New Yorker might know.

Andy 53:01
You’ve talked about things similar, I think in a couple other states, maybe like Illinois, and New York, excuse me, New Mexico, does this, do anything to dump those down the toilet.

Larry 53:14
That was my first fear until I went through it. And then I realized how they got to their outcome. And I don’t think it really does, because in the case of New Mexico, which are more authority on the Illinois, but there was a great deal of similarity. In New Mexico, there is no, our sex offender registration Act does not have a risk based component. So you have not gone through that process in the state. And, and what happens here is that you serve all your time, and then you go into what they’ve labeled parole. And when you don’t have an address that satisfies the parole board, they continue to hold you in custody. So there’s been no individual This is a broad brush that we apply here. So I don’t think it really is going to hurt us much. When we try to distinguish our way out of it. It’s First of all, it’s not even binding. It’s just persuasive authority, but we would argue the thought of that persuasive because it’s so distinguishable that from what from what we have here we don’t we don’t have discretionary parole. Amy you you’re in your pearl by serving all your time

Andy 54:15
and and then even things like the the Sarah the sexual assault Reduction Act, you I’m assuming you don’t have something like that there as well to pile on extra conditions on

Larry 54:25
top of we don’t have that we don’t have a statue that’s a statutory that was signed by Governor protect you that came out in the in the opinion that that

Andy 54:34
no names like that

Larry 54:35
was a came out in the opinion. That was an episode came out. Yeah, and I don’t know, I don’t know if he was the driving force behind it or not. Or if it was one of those things that just made it to a stance But anyway, it was it was it was in the opinion that it was signed by him. And and we don’t have anything statute we just have policies they they are the corrections department has a policy that that you can’t be thousand feet of things, statutes carry more more more impact than policy because statutes had been vetted by all the people. A policy has been valid vetted by a bureaucrat.

Andy 55:15
Okay, and fine, I guess I don’t know of anything else to ask about, do they have any options for appeal any other further steps that they can take?

Larry 55:25
Well, being that it’s a highest tribunal in the state, they would be able to file a cert petition with your Supreme Court, because this was decided on the US Constitution. So if they don’t like the interpretation of the US Constitution, they could ask the US Supreme Court to review it, I have a feeling that the US Supreme Court would come down on simmer with a similar outcome because of the of the system in New York. And I would hate for this to go to the US Supreme Court and then come up with a decision because everybody would say, hey, you can help people in prison after they’ve done their time, the US Supreme Court said so. So I hope that I hope this doesn’t go to Supreme Court, but that they could conceivably do that. But since these people are in the community, it’s not likely they’re going to spend all that effort going to the Supreme Court.

Andy 56:08
And then also, what, eight or 9000 requests go up there, and they serve 1% of those

Larry 56:15
1% of those in the state would say there’s no need that this that this case, the state would have, well, first of all, the state wouldn’t file a response, they would ignore it. But if the court directed them to file a response, if they were interested enough that they wanted a response, they would say that this is all been resolved, these people are out of custody, don’t get nothing here to say. So what they would say,

Andy 56:34
taking things off the script a little bit. I mean, this happens in several other states where people like finish their sentence, they are, you know, directed out the door, where they go get locked up somewhere else, for civil commitment for some indeterminate amount of time. Well, like if using two subjects,

Larry 56:54
you’re confused, the two subject is civil combat, but as an independent process, that that requires a mental abnormality. And they file a petition seeking the commitment, this was just being done, because of the nuances of the law. Know, the civil commitment as an independent process that is initiated against you.

Andy 57:13
Okay, so this is just you don’t have an address, we can’t let you get out of prison. That’s pretty much all this is.

Larry 57:19
That is correct, you’re a level three, you don’t have a compliant address with Sarah, you’re required to have a complaint address, you agreed that. And therefore, you get to sit here until we get your compiler address, but they put them in a residential facility, which I don’t know what additional freedom that gives her.

Andy 57:38
And so the one person only had five years to serve, and the other one had some something of a life sentence. So the five year person could only be held up to that five year limit, and then they would be free to go, the other person would just be there for, you know, indefinitely.

Larry 57:54
Potentially, yes. Till they serves a sense.

Andy 57:58
So weird. So weird. Is there anything else that we need to know about this before we move on?

Larry 58:04
No, I think I’ve done the best I could, it was exceedingly complicated to try. And there was two dissenting opinions that were longer than the majority opinion. And I just did a glance of the dissenting opinions. But if there were going to be a cert petition, that that would be where you would use dissenting opinions. You would, you’d go in there, and you would clip out all the great stuff in the dissent. And you would say this is why you should consider this case, because it’s brilliantly written dissenting opinions.

Andy 58:32
I see. A Why is this important to us, though? Why is this important to the pfrs? And the registry matters listeners at large?

Larry 58:42
Well, it would, if you were in the New York correctional system, it would be extremely important to you because you know that You better work really hard to find suitable housing, because the highest tribunal in your state has said you can be held in custody if you don’t have suitable housing, so you do the best you can. And New York actually does provide better reentry resource resources than many other states. So there was even discussion of the New York City’s shelter system. Apparently you have a statutory right to shelter to the extent that they’re not overcrowded, but for some reason, they could not find a shelter within the within that within that elaborate system that would that complied with the thousand feet. All the shelters were within 1000 feet of something.

Andy 59:27
Yeah, yeah. Yeah. That seems to be a pretty common thing too, and other states as well. Are you ready to move on to something of a lightening round of some articles see if how many we can cover in the next 10 or so minutes?

Larry 59:39
Well, let’s do it. I think we can cover all of our

Andy 59:42
maybe maybe Alright, the first one comes from the appeal. Some Texas election suggested voters aren’t afraid of defunding the police. Do you want to describe again just real quick with this defunding the police means

Larry 59:55
it’s a fancy term, a scare tactics that the right wingers have come up with to convince people that every dollar the police get is sacred. And that you can’t even discuss any reallocation any. The police always have to have everything and more. But but the funding to police doesn’t mean that we would be without police protection. It only means that looking at the overall commitment of public resources to law enforcement, would there be a better utilization to divert some of them, some of those resources to treatment, prevention and to rehabilitation. That’s all it means. But somehow the other of the many catchy lines that went really took off, the defund the police defund the police that it became central in the campaign. And people voted a lot on that, that I’m not going to vote for the Democrat Party, because they’re talking about defending the police. And no one is talking about defining the police. Everyone recognizes that there needs to be law enforcement. I don’t care what socio economic group you go. They recognize the need for police. They recognize the need for significant police reform, and re examination of how all this fast bureaucracy got to the level of funding were in most instances, local governments of 50%, or more of a local government is all spent on law enforcement. Of all the things that cities do, half of it goes to public safety, or more, right? Yeah, I’ve

Andy 1:01:27
heard a bunch of segments on different radio programs in almost every city that they cover, like 50% of the budget goes to the police force, somehow, some form or fashion is what I mean to say. The subheading for this article is none of the asked Austin City Council members who voted to cut police funding lost their elections, but a police union vice president who fearmonger about the defund boom it did. Do you like i don’t know i Austin’s a pretty progressive city in the Texas State overall. And I got to think that this would be very isolated. Austin, I can’t see Texas doing this as a whole.

Larry 1:02:05
You beat me to the punch. That’s what I was gonna say. I don’t know that we can extrapolate. Will we compare an urban setting where they tend to be more progressive? I don’t know that we can compare a San Francisco and an Austin data. We can compare that to other parts of the country. But it is a good start that that, that the people that had the courage in Austin, to say it’s time to look at making some changes, they were not voted out. Same thing in Minneapolis where what the city councilors that was on the cutting edge of saying that we need to reform the police before George Floyd. He he had courage. I mean, when you’re speaking against the police, it takes an awful lot of courage because of the power that they wield.

Unknown Speaker 1:02:50
Very true. Very

Andy 1:02:51
true. Anything else?

Larry 1:02:53
No. See how quick that was?

Andy 1:02:55
I know anyway, all right. Then from the New York Times, and what would you like us to call it? What is your favorite radio hosts ballot?

Larry 1:03:01
Oh, that would be the new york slimes I think. Ah,

Andy 1:03:05
okay. America is letting the Coronavirus rage through prisons. It’s both a moral failure and a public health one, actually, someone sent me an article the other day about a prison in Georgia that it was a very long, very, I don’t want to call it a hit job. But it was a very revealing thing about how bad COVID is at a particular prison happened to be a place that I was at. And I can’t imagine that any prison would be the model of like, we have this completely under control. There’s no problem here like an actually be true. It’s got to be awful at every institution.

Larry 1:03:40
So well, it’s not anything that that we can solve here. But during the week of November 17, there were 13,657 new coronavirus, infections reported across state and federal prison populations, according to the Marshall project. And that is by far the the highest weekly total. And then they report that more than 1400 50 prisoners have died. And we want to put on the beginning of this early pandemic when we were able gradual release to cut the prison populations dramatically. We didn’t do that. These people are trapped. And there’s no way they can they can’t even get back. We had an article we’re going to cover last week from a sheriff in Colorado that would provide a basket until they had to they had rapid infection. I believe that was El Paso County, Colorado. But But there’s one thing that we could be learning from this possibly, because if this is leading to herd immunity, I mean, there’s a theory that if you default wear a mask and just let it run rampant that somehow and other that that the population will become immune, it’ll take care of itself. So would we be getting some some good feedback from prisons? Is it working? Are there that’s actually

Andy 1:04:50
an incredibly good point because you have a very controlled isolated population, you know, of hundreds of people that it wouldn’t take long to get everyone sort of exposed. so forth like, yeah, that’s actually an interesting kind of point. It’s a controlled experiment. Interesting. And I don’t think they’re achieving any level of herd immunity.

Larry 1:05:09
Well, you may encounter jlg to turnovers too fast. But in prisons where there’s a more stable turnover, particularly the admissions to presidents have dropped, because cases, new cases have the putting people in has really has really dropped because they can’t run trials, and they can’t run the court systems with any efficiency, right. So I would think the population is relatively stable except for internal movement. So we would be getting some possible evidence in terms of the hurry BMT. I’m not saying I buy into it. But I mean, there are people who say we just should let it do its thing. And we’ll have immunity. I hear that.

Andy 1:05:41
And so then I think they’re kind of nuts. You know, I bet those people are one of the some of the ones that have never had anybody super close to them get infected to any degree.

Larry 1:05:51
Well, As of mid November, they say 196,000. So if I suppose say 200,000, and we’ve got roughly a couple million people in state in federal prison, so you’ve got an infection rate that’s about 10%. It looks like to me, right?

Andy 1:06:04
Yeah, yeah. Yeah. Because then it says the correctional system for employees to 685,000 people are employed and 45,000 of them have been reported coronavirus, infections, that’s just shy of 10%. So it’s getting pretty high amongst those two

Larry 1:06:18
and and only 100 deaths versus 1400 deaths of the President’s not minimizing 100 that’s not but it is one of those things where we all saw this coming, but we couldn’t do anything about it.

Andy 1:06:33
I don’t know what to tell you, man. Then moving over to another one from the appeal. This is Andrew Cuomo promised criminal justice reforms but New York is still waiting. The governor’s rollback bail reform not released enough prisoners during the pandemic and fail to rein in policy police abuses advocates and prisoners say

Larry 1:06:53
so well, that I couldn’t help myself putting this one in here. I want the older conservatives who listen who say that I don’t bash liberals. I want your listen very carefully. Because I’m going on a tirade here. Oh, this There we go. This governor who grandstands as being a reformer has been anything but a reformer. If he’d spent a little bit less time grandstanding, and a little bit more time working on reform, then we would be a lot further along in this. But But this, this reminds me of our governor here, that was going to be a reformer. And there’s been scalped reforms in the criminal justice area. And it’s one thing when we had the previous governor who was a prosecutor who made it clear that she was about locking up as many people for as long as possible. There’s no bait and switch there. But when you present yourself as being a reformer, then I’d like to see a little bit of reform. And from what this appeal article describes, there’s been scalped reform and scant leadership from the governor’s office. And it’s very disappointing. If you if you want to present yourself as being the Savior to the nation, and we should follow New York on everything, then show some leadership and courage. It’s easy to criticize Trump for everything he did wrong. But now it’s your turn to be criticized. Where are you on criminal justice reform?

Andy 1:08:16
Certainly, that they’ve got to have a huge number of people locked up in New York.

Larry 1:08:22
Well, he did. His office did make reference of the prison state prison population, it’s the lowest expense at some point 1980s. But it’s still, according to the experts. In New York. It’s not not anything near where they need to be in terms of baking reforms that some of the things that they do in New York, I’ll tell you, adults are very interested that that that sexual assault Reduction Act that made it almost impossible for anybody to have a house there. But that sure made the victims advocates feel good. And I guarantee you that that was bipartisan support plenty of that, when that passed, I would that would be one of those things where both parties would have signed up and said, count me

Andy 1:09:06
that but that’s a typical thing. You know, I like to paint things with blue or red brushes of pretty blue thing is to really cater to the victims advocates versus red seems to push back on that somewhat more. And I don’t know which which side to I know which side to favor, but I don’t know which got I don’t know how to work that one pushing back seems to be I don’t know, like a thumbing up, you know, thumbing your fingers at the people trying to push back just trying to hold the line. I guess I’m not I’m not really sure how to word it kowtow into the victim advocates versus pushing back on them so hard.

Larry 1:09:44
So well, it’s very hard to push back on the victims advocates because they come in with such a united front and they they know how to be very emotional and and, but but as far as is the reforms like bail reform Everybody, everybody recognizes that our system meets some adjustments. I’m not necessarily on board with everything that they are doing or have done or want to do. But I, I don’t think Matter of fact, we have an article if we get to it later where we’re going to be talking about a $2 million bail. But But sometimes you have to be courageous, even though you’re going to take a political hit. If you if you’re too bold with criminal justice reform, the conservatives are going to hit you. That’s just a given. They’re going to do it. And you have to go ahead and prepare your population for it. I am going to be vilified and here’s why. But this is the right thing to do. And here’s why. And you hope you hope you hope you can survive it. But you may not. And he may have other Cuomo that is he may have other priorities that are more important to him and he doesn’t want to spend his time fighting off the the vilification. I mean, all you have to do is look at when you when you try to be courageous, you get vilified because you’re turning loose a tidal wave of crime. And that generally comes from the conservatives. It doesn’t come from the liberals.

Andy 1:11:10
Another article that we have from the appeal is Kyle Rittenhouse bought his freedom kalief Browder could not Rittenhouse case raises particularly pointed questions about what we’re really talking about when we talk about bail. I think this is what you were alluding to just a minute ago.

Larry 1:11:28
Yes. And I interestingly enough, I come down on the side of I know we’re gonna want assume he’s guilty, but he has the right to be presumed innocent, until he is proven guilty in a court of law beyond a reasonable doubt. And that presumption is supposed to follow him through duration of the proceedings. And if you’re presumed innocent, we cannot act as if you’re guilty and say that he should be paying a price right now for what he did. We do not know that he did that yet. And I don’t know why that’s so hard for the victims advocates to understand. He is entitled to the presumption that he didn’t do anything. And it’s your job to prove that what he did do that he’s guilty of what we’re saying he did. And until then, he’s an innocent person. I say the same thing about police officers that are accused, I only wish the police would say it about someone who was accused. Because that’s the way our system works. I don’t consider him buying his freedom. I mean, I know what they’re getting at. Because there are people who have very low cash bonds that they can’t make the cash wants that they don’t have doesn’t matter how low it is. It’s $100 a year I have 100, it might as well be 10,000. And there are people who, who also should be enjoyed that presumption of innocence, and they’re not enjoying it because they’re incarcerated. I totally get that. And I understand it. But does that mean we should punish everybody? Because we’re in a capitalist system, and some people can’t afford to make the bail.

Andy 1:13:09
And what we’re really describing here is that two people, one of them had a $2 million bond. Wow, that’s a lot of money. And that family had the resources to get donations and so forth to pay something of like what would have been like $250,000 bond because it’s like 12%, or 11% to pull up on. And but the other person, I’m going to assume for whatever for whatever it was, it could have been $50 a bond. I don’t I don’t see it in the article, but couldn’t raise that money. So that person is still sitting behind the walls. While this $2 million bond, the Kyle’s of friends and family put together $2 million a bond.

Larry 1:13:45
Well, he had he had donors in the community because there are people who despite how guilty they think he is, they’re going to support that. And I’m not want to get into a debate about what is guilty intercept but but he strike, he strikes a chord with a certain segment of population that they can identify with. And they’re big, they’ve made donations to him. But that doesn’t change the fact he’s presumed innocent.

Unknown Speaker 1:14:09
Yes.

Larry 1:14:10
If for some reason, we can’t wrap our head around that. The people that are sitting on the 1500 dollar bog, they are presumed innocent. And I say the same thing about them. It’s unfortunate that our system that they can’t be released is the answer to punish everybody pre trial because some people don’t have capital in a capitalist system. Is that the ask?

Andy 1:14:35
I’m going to read this one little paragraph, a little bit more than halfway done says kalief Browder spent three years in jail, most of them in solitary confinement for allegedly stealing a backpack. And because he couldn’t afford his freedom. At 16 years old, he was wrongfully incarcerated for a crime he did not commit. A system that locks innocent children and adults in cages is not just or smart. It’s cruel. When he was released. kalief Browder tragically died by suicide. Stark comparison. Kyle Rittenhouse has been heralded a hero 16 years old for allegedly stealing a backpack.

Larry 1:15:07
Well, and then we’re getting into the juvenile system versus the adult system. And there, there’s greater latitude generally and in the juvenile system. So I don’t know that of, of Browder’s case, what the nuances were why why was held in custody, it’s certainly a tragedy that nothing could be, could describe the tragedy of committing suicide. But, but we need to figure out in a capitalist system, what do we do with people who don’t have capital?

Andy 1:15:41
Yeah, I don’t know what the answer to that one is, Larry, I just don’t.

Larry 1:15:45
Because the bail reforms, the bail reform systems are not its dependency that you think they are, they end up looking at the seriousness of the accusations. And all this accusation under that, under that cash register systems they would use, he would have gotten so many points because of the weapon, the type of weapon, and the fact that he left the state. And he had to backtrack back, he would have so many points that he would be unbelievable. So that would also destroy his presumption of innocence wouldn’t it?

Andy 1:16:15
Seems like Yeah,

Larry 1:16:16
yeah. So he would have he would have it, at least in this particular case, and I’m not rooting for him. If he’s guilty, I’m not rooting for him at all. I just don’t have an opinion, because I don’t know enough. But it’s pretty good case. He at least can facilitate and prepare and work with his defense team. Everybody should be able to do that. Everybody, even in jail pre trial should have unfettered access to their legal team, which they don’t they never have. But But I don’t know how to fix the system. We live in a capitalist system. We have to figure out in a capitalist system. How do we deal with people who don’t have capital?

Andy 1:16:51
I do not know Larry. Larry, let’s jump to the very end of the list. This is from Pro publica, a Deputy Prosecutor was fired for speaking out against jail time. For people who fall behind on rent. I didn’t realize that it was some kind of crime, like a prosecutable crime to not pay your rent. I figured that you would just get evicted and possibly owe some money like you’d be put into collections or something but I didn’t realize that you could be like charged for not

Larry 1:17:18
paying rent. Well, apparently in Arkansas, it is against the law. This is an accurate article. Now your your pro publica is one that you like so is this is this I

Andy 1:17:27
like pro publica.

Larry 1:17:29
Well, this is a garland County, Arkansas, but apparently it is it is it is the option to go civil or criminal for failure to pay rent. It says under the law, which states tonight. Oh 119 01. Good grief. If the rent is a day overdue they forfeit the right to build the property. If they don’t leave the homes within 10 days of getting notice their landlords, they can be charged with misdemeanor and fined for each day they overstay.

Andy 1:17:58
Hey, now help me out what is what is the consequences of a misdemeanor like a speeding ticket is a misdemeanor? As I understand, right?

Larry 1:18:05
Well, it the consequences depend on what type of misdemeanor can be severe. Domestic Violence is oftentimes a misdemeanor, but it’s severe, the consequences of that of having a DWI have

Andy 1:18:16
a failure to pay rent registry.

Larry 1:18:18
I don’t see a problem with that. But But anyway, this this, this, this Deputy Prosecutor voiced his opinion, I guess, gave an interview and that got back to the electric prosecutor and she did not see the humor in this at all. And so she let it

Unknown Speaker 1:18:34
go. Okay.

Larry 1:18:36
And so this is one word, where Josh deserves the kudos. And they like the prosecutor doesn’t deserve anything other than maybe she’s got a point it is the law. She doesn’t make the law. But you certainly have a prosecutors Association and you have extreme clap with state legislature. And you could be as little rock said, Look, we need to repeal this archaic law that’s 120 years old. We don’t want to be prosecuting people. So So Michelle Lawrence, the prosecuting attorney of garland County. Shame on you, you should be tried to undo this law and Josh Drake gratulations for speaking truth to power. It costs you your job, Josh. But guess what? You’ll go on to do better things.

Andy 1:19:24
Let’s hope so. Wow. That’s bizarre. That’s just a really bizarre they do you know that we got an amazing number of patrons this week.

Larry 1:19:34
How amazing was the number?

Andy 1:19:37
It was two. We got two new patrons. We got to Derek and Jessica and I want to thank you both very, very, very, very much. Thank you so very much. It’s really really appreciated.

Larry 1:19:46
Are we getting close to that magic 100.

Andy 1:19:50
We are getting closer. We are getting closer. What are we going to do? Are we going to do like a 12 hour livestream when we get to 100 patrons

Larry 1:19:56
there. We should do something but yeah, I think we’re at at three o’clock. Didn’t my account yesterday and I think it was 82. So this was like 83.

Andy 1:20:05
a podcast that I listened to they crossed 4000 patrons. And they’re doing a 12 or 24. I can’t remember which one it is, which is unbelievably insane to me. I can’t imagine trying to record anything for that long. I, by the end of it, we both be like, remember, we would not be very coherent quite kind of people by then I imagine. Well, when people reach the podcast, Mr. Larry,

Larry 1:20:34
we’ve done amazing to get to this level, you know, when we started, we had zero.

Andy 1:20:39
That is true. We did have to get to one before we got to two and so forth. So how do they find the show?

Larry 1:20:47
It’s online.

Andy 1:20:50
The tubes of the internet? I can’t remember who was the guy from like, someplace over West, he called it the tubes. I’m always tickled when I hear that clip of the tubes.

Larry 1:21:01
Is registry matters.co.

Andy 1:21:05
Or not? And then how about not not

Larry 1:21:08
calm but just see Oh,

Andy 1:21:11
yes, we couldn’t afford the extra letter. It was too expensive. So we we’ve reduced it by one. What about a phone number there?

Larry 1:21:20
7472 to 74477.

Andy 1:21:25
And sending us an email wherever they do that.

Larry 1:21:28
Oh, that would be easier. registry matters. cast@gmail.com.

Andy 1:21:36
And as Derek and Jessica did, you can find us over@patreon.com slash registry matters. That is the best way to support the podcast to show some love for the Larry inator for being the one that knows all the things and I thank you so very much for being here, Larry.

Larry 1:21:52
It is my pleasure.

Unknown Speaker 1:21:54
Yeah. Where’s your

Andy 1:21:56
cue, man? I try this every week and you flush it.

Unknown Speaker 1:21:59
Well, you already did it. No, you’re gonna do it again.

Andy 1:22:04
Alright, man,

Unknown Speaker 1:22:05
well, just bleep bleep it out. Let’s do it again.

Andy 1:22:08
All right, Larry. I very much appreciate having you here. And I hope we can do it again very soon.

Unknown Speaker 1:22:15
That is why I am here.

Andy 1:22:18
You’re supposed to say alright, anyway, we’re out of here. I hope everybody has a great night the rest of your weekend. I hope you didn’t get too fat from all the turkey. And we will talk to you again next week. Good night.

Unknown Speaker 1:22:31
You’ve been listening to F YP


RM154: Judge Temporarily Halts Social Media Ban In New York

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp. Recording live from litigation Conference Central or fyp Studios, east and west, transmitting across the internet. This is Episode 154 of registry matters. Happy Saturday, Larry, how are you tonight?

Larry 00:17
doing fantastic. I am so glad that you were able to make it despite all the vast responsibilities that have fallen on you in the last two or three days.

Andy 00:27
It Uh, yeah, I was incredibly busy with the conference, the litigation summit held by Marcel, I guess I kind of turned into sort of like CNN. And I was I, I don’t I didn’t run the conference. But I was the guy pressing buttons making the whole stream happened.

Larry 00:44
Well, for what I heard through my sources it went off was very few glitches. It was a fantastic. The transitions were great. The speakers were great. And I heard it was a wonderful event.

Andy 00:56
I think it went off pretty well. I practiced really hard and trained in whatever, you know, I was like Mr. Miyagi, and doing wax on wax off, you may or may not get that a movie reference.

Larry 01:06
I do not the last movie I watched was in 1987.

Andy 01:11
I think now Come on, The Karate Kid came up before. crack me up. So bad. What do we have going on tonight on the show?

Larry 01:23
We have listener questions. We have a cases before the state Supreme Court in New Mexico. We have a case that’s in federal court in New York RealTruck trial court has issued a preliminary ruling. We have several articles that we may or may not get to all of them. And we have just general General, General banter about all the things that have happened in the last week since we’ve been here.

Andy 01:55
All right, where are we gonna kick things off? We’re gonna start with some we’re going to start with the New Mexico. thing that you put in here, the Supreme Court. So we’re going to start? Oh, let’s

Larry 02:05
do let’s do some questions. I know these these inmates that sent these questions. They’re just salivating for the answers. And Eric, thank you for sending your letter. He didn’t have a question. He just had a compliment for the podcast about how he appreciates it. And we he sometimes doesn’t get the front end back because they scan mail that many institutions these days and outlet you have the actual papers. And he’s not receiving the front end back, which I think he might want to consider a grievance about that. But But anyway, thank you, Erica. It’s always nice to have your support.

Andy 02:45
Very good. Thank you very much for that. Alright, so here is the first letter it says, Dear nagarsol, I’m not sure if this question will cover more than those impacted in the new North Carolina prisons but hope to get some advice from you. In this system, individuals with sexual offenses are not permitted to participate in various programs such as barbershop school dog training, or inmate construction programs at minimum, minimum custody. These are the ones I’m aware of. Additionally, while inmates may participate in work release programs, once they are 36 months from release, sex offenders aren’t permitted until 24 months. And that’s if we can even get in finally at the camp I’m at currently, sex offenders will not be permitted, promote promoted to minimum custody unless they have they’ve attended the store, which is sex offender something treatment program. And with an extremely high waitlist and low admittance rate, Would any of these be considered discrimination? Could I file a class action suit? And if so, how? Thank you very much for your help. We’ve talked about class actions before and those are really hard to get. And would that even be the right vehicle to try and pick for this kind of operation?

Larry 04:00
It might would be but again, the complexity of a class action, you have to you have to get certified. There’s too many people who think you just have a red stamp that says class action. Of course, you can go to most any any office supply store that provides rubber stamping, you could you could get such a rubber stamp printed. But that doesn’t make your act cause of action, a class action. It’s a certified processing or where you have to appeal to the court to certify the class and there’s commonality of claims, deficiency of judicial economy. And the likelihood that those those claims can be handled by the law firm. There’s some standards to get a class certification. And they’re exceedingly difficult to be certified this the states that governments always oppose certification of a class because they would rather have you fighting individually, because your resources are limited as individual. But but in his clicker case, I don’t see a hate to be the best. In your bad news here it is, in fact discrimination. But the only problem is all forms of discrimination are illegal. There are discrimination, there’s discrimination that’s very much legal, and can be done. There’s no law that says you can’t discriminate.

Andy 05:14
And we have to start talking about what is a protected class.

Larry 05:20
in prisons, there are very few things that that put everything in prison. It’s the, I shouldn’t say everything, let me back up. Most things that apply the free world do not imply do not apply in prison. That’s a controlled environment where people are being punished. And prison administrators are afforded a huge amount of latitude in terms of what they do. And those programs are considered privileges. Security levels are considered a privilege that you are not he’s right, that you can do the exact same behavior. And because of your offense, you will not be awarded that custody level, which would allow for you to participate in more programming. But the prisons argument is that they are under intense community pressure for those for those particular offenses, not to have it possible for people to walk away. And the last thing, the last thing that prison commissioners, corrections commissioners for states, or wardens want is a microphone in front of their face, saying can you please explain to the good citizens of this community? How this sex offender walked away from custody and just disappeared? Like a you know what in the wind? And they’re not? there?

Andy 06:39
I’m sorry, what was that in the wind? I didn’t catch the word. Maybe you broke up for a second.

Larry 06:44
We can’t say that a little family program. But but but yes, that. I would, I would say that. I sympathize with him. The likelihood that finding legal representation, it’s going to be a long shot, and even a longer shot to prevail on the litigation for those things. Although I would endorse and support it and cheerlead for it. I don’t see those those cases score, the better thing to do. What you can’t do from prison walls is to try to make policy changes, or that the elected people of the state recognize that reintegration is important thing and that make it possible for for for more inmates to be allowed to prepare for reintegration and the community which includes some of those things like like he has on the list. I would guess if you learned to be a barber in prison, you might have a better chance to pass him the barbers exam board when you get out. Maybe I mean, maybe not. But But I’m thinking that would be one thing, that’s a skill that translates to the community. Right?

Andy 07:46
I was just, I was just about to redirect back up there about the different schools that they may have and training programs, dog training, dog training and construction program. Um, these are these are places that you could potentially get jobs, can you can you help rationalize why they would then push our people back 12 months before they’re even eligible to go into these programs? I can’t see why a PFR can’t go do haircut stuff.

Larry 08:11
That one doesn’t, I can’t opine. Because if if it’s community sensitivity, wouldn’t you be just as sensitive and the 24 month ranges you were in the 36 month range? I don’t know. Unless it’s unless it’s that they want to make sure you’ve done the treatment program they so AR or whatever he called it. Right. But

Andy 08:31
I’ve often wondered that too, Larry, why don’t they? So I don’t mean to take like the second detour. But why don’t they put people in the programs to help them get treatment as soon as possible? Why do they get front loaded instead of back loaded? at cost money? I see. Well, all right, then. Well, that answers all of those questions. All right.

Larry 08:51
That’s a short answer that all these things that particular treatment, cost money. And when I don’t want me to sound crass about this, but it’s kind of like a case when people tell me that I don’t like my case, pending. And I say what’s the good thing if your case pending, because as long as it’s pending, you’re not convicted. And the good things can happen when your case is pending, the accusers can die. The the personal witness can be transferred to Afghanistan, and not be available to testify against you. Well, the same thing in prison. If you got someone that 10 year sentence and you frontload treatment, you’ve got all these people, we do have a certain mortality rate in prisons. Would you agree where we have a certain mortality rates rates in prison? people pick up additional charges while they’re in prison for both ends for conduct behind the walls and for previously on charge conduct. So so why would you want to spend all that money?

Andy 09:46
I can see that but then you end up with someone that may have some sort of good time or, you know, they’re going to get out early for on parole or whatever. And so maybe that kicks in A time back from that 10 year sentence, maybe that kicks it back eight to eight years. So then you would like by the time you then get in that program, well, you’re not eligible for it until you’re like two months out. 24 months out, you’re already at the edge of you going home to begin with. So by the time they even let you become eligible for the program, then you could be getting out of parole anyway, it just, it’s crappy Larry,

Larry 10:22
it is. prisons, prisons are not great places.

Andy 10:27
That is definitely like an underlying theme of the show. Okay, so we’re just going to title it prisons are not great places, and we’ll move on.

Larry 10:33
All right.

Andy 10:35
I’m sorry that there’s just so a class action is not going to to help out? And therefore, if so how? So that would be because that’s going to be because of resources, and you kind of find an attorney to take it from prison?

Larry 10:52
Well, they’re the one they don’t see a good, reasonable probability of recovery, they’re not going to take this on a contingency, because all they’re doing is spinning their wheels, and they’re not likely to gain any traction with this type of litigation. So the next question, we’re going to concentrate on paragraph two.

Andy 11:11
Okay. Yes, yes. And this is this is a potential question for your podcast. I have been getting the RM podcast transcripts since August, and have been reading the narsad digest since early 2018. One thing that I have noticed is that you haven’t discussed s. VP, what is SVP?

Larry 11:30
So I was on a different question. Are you on question two

Andy 11:32
or three on a different question? I’m on question two.

Larry 11:39
Okay, I got it. I got it.

Andy 11:41
Oh, you got it. Now? We’re on the same page.

Larry 11:43
We’re on the same page. All right, hold tight. Hold timer. Oh, yeah, there

Andy 11:47
you go. You’ve got that covered, man. Look at your picture. SVP is sexually violent predator, civil commitment process very much during that time. I have an SVP trial coming up in three months and would love to get your insight on how to come out of an SBB trial successfully. Because according to my public defender, SVP civil commitment is much like a life sentence is representing myself out of the question. Last but not least, what does fyp stand for?

Unknown Speaker 12:18
Thank you. So

Andy 12:22
should we start with the easy one first?

Larry 12:24
I don’t do that we should answer that. What else does fyp mean?

Andy 12:31
So like the quick story is, so you’re there at home and you’re sitting in your jammies and someone comes up and knocks on your door? and says, I demand to know who lives here. Now it is your task at home the listener to figure out and say your response should be something that revolves around the letters fyp. Is that enough of a clue?

Larry 12:50
I think that is civil commitment. Now, in terms of the list, let’s sharpen a little bit. We’re talking about sex offender civil commitment. Because purportedly only 20 states have civil commandment, because that’s when people look at the sex offender specific civil commandment. But I hate to tell you, I do believe all 50 states have civil commitment. I haven’t researched the statues. But there is a process by which people can be civilly committed that are dangerous to themselves or to others.

Andy 13:20
by standing up on top of the water tower and you threatened to jump, they’re going to put you somewhere for a few days against your will and you’re not being locked up. You’re just you’re somewhere being civilly committed.

Larry 13:29
And they may seek a longer term commitment based on what that short term commitment yields in terms of your evaluation for the year may deploy to a medication and it can’t be stabilized, it could turn into a longer term commitment. But with what that standard, the standard is very clear that the person has to be use an imminent danger to themselves or to others. And the goal of that commitment is to bring that person to a level which they can be released. We do not desire to hold people in this country, in civil commitment. With the sexual offender specific civil commitment. The standard is atrociously bad for the person whose commitment assault, it’s rather than having the imminent danger, to do harm to themselves or others. It’s much more innocuous, they have to have a mental abnormality is the boilerplate language that the states have used that have this process that makes them more likely to commit a sexual offense. And it is not exact around the 50 states. I didn’t research California, so I can’t opine specifically about California. But the the mental abnormality is to catch and then you end up in a process of which you have little control over because you’ve been locked up as he has been. He probably doesn’t have any financial resources. And the state has virtually unlimited resources to seek his commitment. And the standard of proof they have to meet is a very low one, a mental abnormality that makes them that makes them have a higher propensity to do whatever the statute says. And when you are committed, the goal is not clear that that that it’s it’s tended to release the person. So therefore, you end up like in Moose Lake Minnesota, the end up with people that have been there for a very, very long time. And only a handful last time I did any literature reading literature have gotten out a very small number have been released. And that, that that process was challenged. And the the trial court found that it was unconstitutional, but it was appealed by the state of Minnesota, of course, and the Eighth Circuit said that no, you have no right to get out, you have a right to a process that might let you out if you beat the standards. So So this, this person, Theodore, he doesn’t want to go in, obviously, because he’s already served his time. And he’s got a train coming at him. With him having limited resources to fight with, he has apparently been assigned to a public defender, which I don’t understand this is a civil proceeding. So I don’t understand why it was assigned to a public defender. That’s something I cannot answer that deal. This is not a criminal commitment. This is a simple command, but he’s finishing his criminal commitment. Right. Okay. So this is a civil commitment. That’s what it’s called civil commitment.

Andy 16:34
Okay, and that’s why I put that together. But I see how simple it would be to go with civil and then civil, I’m with you. Okay. So put it together that way.

Larry 16:42
So but the downside to a civil process is you’re not entitled to to free counsel, unless the statute gives it to you. But constitutionally, you’re entitled to free counsel with what you’re going to be put in the clique for criminal I mean, that that’s that’s that has not been expanded universally, to include civil proceedings. And it may be that California has either put it in statute, or there’s a court ruling that says that the public defender shall represent those who are indigent. But there’s another part of the component that goes unaddressed is that you need funding. Because if they’re going to assert a mental abnormality, you may need your own expert to say that you don’t have that are abnormality. And that expert is going to cost money. And and I’d like to the state of Virginia, they do provide they have they have a civil matter process, and they do follow up, they do provide a modest amount of money. I think it was in the one to $3,000 range for experts for those whose commitment has been salt that are indigent. But that’s another that’s another significant deficiency on our system is that we don’t have the resources for these people whose commitment assault. And then in the regular civil commitment, there’s statutory built, that they build in the statute that reviews will take place. at intervals like like here, I think we have a three day commitment where you go back before the court, maybe five days, but there’s a limited number of days. And then the person goes back before a judge with additional information from the mental health from from from our state hospital or whatever, like your case, reward is evaluated the person and they they give the quarter report. And the court is looking for a way to release that person in some kind of capacity, whether it be with required treatment of the community or whatever. We have made that clear that the intent of this so called civil commitment, is to restore these people to help so they can be released. And first of all, we don’t even prove that they have anything unhealthy about their mental state because abnormality is not a criminal. It’s not a clinical diagnosis. So he’s in a bad situation.

Andy 18:53
Yeah, that sounds like an awful situation. And can we briefly circle back to a roughly a year ago with Galen, I’ve lost his last name. He went through civil commitment. Everyone was coming out of the woodwork to try and support him and help him and how did that go for him?

Larry 19:11
Well, it didn’t go so well. He It was his second attempt and what narsil we we took a position that the CC had not committed additional sex offense and that was in Virginia, there is a requirement that to be eligible for the commitment to be sought. You have to have a predicate sexual offense and he did have a predicate sexual offense. He went through the process and he was not committed. And then while under community supervision, he picked up some technical violations of probation, no additional predicate offense, and they violated his probation at the end of the of the sanction period, which I think was 12 parts and they sought his commitment civilly. Again, without a predicate offense. We stepped down and tried to argue that if if there hasn’t been another predator offense, you do not get multiple bites of the apple. But hey, they they went forward that They they secured his civil commitment. And he I think he’s just recently been conditionally released from me. But yeah, I think I heard something through the grapevine that he has been conditionally released. We we could follow up on that maybe the next podcast, but but he was he was found eligible and committed again.

Andy 20:18
Oh, I only bring him up because he didn’t commit another crime to get him committed. And I’m not trying to paint a nasty picture for the question here. I’m just trying to, it’s an awful system that doesn’t give you your favorite terms are about due process. And this doesn’t provide you with a robust level of due process to defend yourself.

Larry 20:41
Well, it’s legal due process in the beginning, and it’s weakened with due process. Why Sure there. if if if, if the EU had their say, robust reviews, with the intention of getting these people out, that’s what’s lacking here, a robust review process that’s geared toward getting these people out. And then back to what you said in an earlier segment. Why didn’t we, if they really needed this treatment? Why didn’t we seek it in prison, this is actually a disguised attempt. And successful my dad for the states that have it, which I think are 20 of them, to extend people’s period of incarceration after they’ve given them all the incarceration they can and the punishment system, as a result, their conviction, this, all it does is extend their confinement, and in many cases to confinement, closely resembles prison. Now, some cases it does, they’re clearly in a psychiatric unit, and it’s a much softer place in prison, but some of the civil command, but it’s nothing more than a prison that’s been that they put a sign in front calls it a civil commitment center, and they’re in the same type of facility as it when they were serving their time.

Andy 21:51
Anything else before we bounced number three,

Larry 21:53
and wearing the same clothing and suffering the same deprivation? If you’re a patient, what rights you’re supposed to be afforded as a psychiatric patient are different than when you visit someone in a psychiatric hospital, the depravations? Or what’s to keep them safe? Yeah, but you generally get to wear your own clothing, you generally get to have a whole lot of things in the way of makeup and personal care items and things that they would never allow to present because you’re being treated, you got to have more access to communications. And that’s what’s supposed to be because you’re not being punished. You’re being helped.

Unknown Speaker 22:28
Hmm,

Unknown Speaker 22:29
cool.

Andy 22:32
Well, then question number three comes to us. It’s for the the darsan legal corner. And his did you want me to skip anything here? Just run it.

Larry 22:42
Just go and run. It’s not that long.

Andy 22:45
Okay. Hello, I have just learned of your publication today and hope that you may have some information that may help in my situation. I am serving a life sentence in Kentucky and have been litigating my actual innocence for 12 years. Under Kentucky law a person under a life sentence is eligible for parole after serving 20 years and other Kentucky law sex offenders are not eligible to see the parole board unless or until they complete sex offender treatment. SMTP earned goodtime credits also require SMTP completion. A requirement of this program is that you must admit guilt I hate that, Larry, I absolutely despise it. Failure to admit guilt renders you ineligible to take the class or pass the class. All statements made in the class are a matter of record for courts to access and have been used to counter actual innocence claims. Here is my question. Is there any litigation in place or being done to fight this requirement to admit guilt? false allegations and wrongful convictions happen? Yet this requirement of to admit guilt is forcing these people to choose a lesser sentence and chance for parole by admitting guilt or face longer sentences and no chance of parole by maintaining innocence. Without goodtime credits, you serve 100% of the sentence day for day, it is wrong and coercive? Can’t they do counseling without requirement that you must admit guilt? What are the effects of taking SMTP? If not guilty? Thank you for your time and consideration.

Larry 24:07
There are so many good questions here. I’m going to I’m going to start toward the bottom Can’t they do counseling without the requirements? You must admit guilt. I believe they could. Now I’m not a therapist, I’m not an expert in so this is just a lay opinion. But I think you could do counseling for a person. But if the person is actually innocent, I’m not sure how they would benefit from that from that therapeutic relationship. I mean, unless you’re just doing general general insight therapy into a person’s life. But if you’re doing specifics about sexual offending and about impulse control, and and, and thinking errors, I don’t know how you I don’t know how you would deal with thinking errors if the person doesn’t have any and I don’t think I don’t know how you deal with income impulse control. They don’t have any impulse control issues, so I’m not sure it would be effective. So what are the effects of taking SMTP if not guilty, I don’t know. No, because I haven’t taken taken the SMTP program. So I don’t know what the effects of that would be. I can’t imagine that any treatment would harm you. But again, that’s the lay opinion of the country can treatment harm a person if if they didn’t do anything, and you think of any treatment, if you go, if you go to see a marriage counselor, or your marriage is perfectly healthy, does that counseling harm you? I guess it could, you could you could create problems that don’t exist.

Andy 25:26
We have a treatment level person in chat, and they’re saying, yes, it could hurt you.

Larry 25:30
Well, we did it Mike, that person up because like I said, I don’t feel qualified to answer that. And but in terms of the, the this in terms of litigation, I am not aware of a name. But that doesn’t mean there isn’t any, because he’s raises valid points. But again, getting out of the way, you’re actually being paroled early, which is what he’s talking about. He’s got a life sentence. And when they when he serves his entire sentence, they will let him out. Okay, I will assure you that

Andy 26:04
Well, I mean, life being when he dies,

Larry 26:07
yes, yeah, they will let him but but everybody doesn’t have a life sentence. So would you serve the entirety of your service, whether or not you admit, they will let you out. And I need to qualify that, unless unless they have a post period, mandatory period of supervision that follows your sentence, then they may not let you out in some states like Illinois, or New Mexico, because even if you serve all your time in those two states, they still won’t let you out. But in terms of in terms of being early released on parole, that is a privilege. And to get that privilege, there are requirements for that privilege to be bestowed upon a person, and you have every right to maintain your innocence, and you have every right to keep pursuing your appellate review of your case. But I would just about bet that they’re going to continue to pass you up for any type of early release, because as far as the way they would look at is you’re in denial, and therefore you can’t be safely released early. And you need to stay in prison until you take responsibility for the acts, which you’ve been convicted of doing.

Unknown Speaker 27:12
Ah,

Andy 27:13
I just I’ve just spoken to our resident treatment expert, and we are going to set up an episode in the future to go over how treatment could be bad.

Larry 27:22
Let’s do that. Because like I say, I don’t feel qualified them. And if it can harm you, then we need to know about that. And we’ll we can circle back on this as soon as our expert is ready.

Andy 27:32
And maybe I should hold this, but I will just me going to treatment Personally, I, I didn’t feel that I needed the treatment that they were providing I made a thinking error and the person that I went to discuss those kinds of things like cognitive behavioral therapy, CBT. And just trying to help you go through those things. There was never really my treatment never covered anything from like a you you did the naughty things with people that you shouldn’t have done them with. He almost never went over any of that it was about thinking errors and an impulse control, like you just described, that, look, you could sit there and you’d be like, Man, I’m perfect. But you could probably always improve your decision making process. Everybody can agree. So that that was how I approached it. Just look, man, I’ve got to go. I can sit here and cry and moan about it. And that probably would come back and bite me in the tuckus. Or I can participate and try and look at it from a positive way. And then they’ll report back to your handlers that you’re doing great. And at the end of the day, everybody gets happy at the end, and somebody gets paid out of your pocket. Hey, what could go wrong there?

Larry 28:44
Absolutely.

Andy 28:46
We’re on a roll the next day. I do it. I do it. The next thing that I have up is the New Mexico. Are we ready to go there?

Unknown Speaker 28:53
Let’s Let’s do it. This is fun.

Andy 28:55
All right. All right. I have no I like I said, Let me see, is there something I can quickly read that would give a description let me Okay, I have section 31 dash 21 dash 10 dot one c requires the parole board to conduct a hearing where the state bears the burden of providing a clear and convincing evidence that the sex offender should remain on parole there that probably concisely states at that they’re trying to figure out who has the burden of proving.

Larry 29:24
So if you just read if you just read the questions I gave you, it’ll go full medical flawless. Yeah.

Andy 29:28
Okay, perfect. Perfect. So the questions are you people put an answer brief in the folder of a case in New Mexico called New York, excuse me, New Mexico versus Ryan Allen James Thompson. What is this about and why is it important enough to be discussed on this podcast?

Larry 29:46
Well, the reason why it’s important is because it actually relates a little bit back to what we’re just talking about. It’s an appeal on an important part of law regarding what we call parole in New Mexico, in Mexico, requires an indeterminate period of supervision that begins only at the conclusion of a person’s sentence, you do not get early released here. And so you serve your sentence less any goodtime credits, which can be 15%, or 50%, depending on whether it’s a serious, violent felony. And then after you’ve maxed out, and I think killed your numbers, they refer to it in prison jargon, you go into a period of mandatory supervision for a list of sexual offenses that can be from five to 20, or a couple of them actually, or five to life. And the statute says, After five years have passed, that the person shall receive a hearing, to see if they shall, shall remain on parole, and at the same time bears the burden of showing by a bike clear and convincing evidence they should. So Mr. Thompson was not afforded his hearing after five years, and that’s what this case is about, is whether or not he should get to hear it.

Unknown Speaker 30:58
And the problem is, what

Larry 31:00
was the problem? The problem is he’s he’s he’s been on parole since 2013. But he’s been serving segments of it in prison, because you can end up in prison at the front side of that period, because they may not the the statute place the the responsibility just like they did in Illinois, of approving your residence on the parole board. So the parole board may say, Nope, can’t live there. So you’ve maxed out your time, and you’ve got no words that will prove. So you’re on parole, because you’ve killed your number. And you’re serving your sentence behind the walls, you’re doing what they refer to as in house parole. So he, he, he, he made his parole by killing his number, but he had nowhere to go. So then when you finally get a place to go, then they’re aiming and gunning for you. And the slightest technical violation will put you back in prison. So the parole board takes the position here, that you have to have five years continuous in the community. And the statute doesn’t say that the statute says after five years of being on parole. So Thompson has argued that he doesn’t care where he was on parole at. He was in fact on parole for more than five years. And they did not grant him a hearing. Therefore, there have lost jurisdiction to Canadian supervise him. That’s what that’s what this case is about.

Andy 32:26
Did you work with the attorney that was going over this case?

Larry 32:31
I have actually worked with Kim Java’s cook on a number of things. She is an appellate attorney with the State Public Defender. And she’s also there, she represents the public defender’s office in the legislature, when when they’re in session. And we strategize a lot of things, including this case. And and we’ve really strategized on both how to fix the statute and in terms of what’s wrong with with the arguments that have been put forward previously by people and put the judges sight back to old case law from 1971. Actually parole bet being released early. Before we had that, before we had determinate sentences, New Mexico switched in the 70s. I don’t know the year because I wasn’t here, but we went from, we went from the indeterminate to determinate sentencing. And when we had indeterminate sentence, a person would be granted parole early with good behavior and all the different criteria that went in there. So it was a privilege. As of right now, the argument is, it’s a matter of law, you’ve served your time, as a matter of law. This is a period of community supervision as a matter of law, they should release you if they’re going to release you. It definitely counts toward the five years. And this is one of those situations where the step that those who liked textual interpretation. This is a body fine case for textual interpretation, because the statute is very clear. It says you shall receive a hearing after five years. It doesn’t say it doesn’t say five years of successful supervision in the communities. So their first position was it had to be five years continuous without violation. Then they backed off, they backed off of that position. And they said it had to be a cumulative of five years because that was still knockout people that served it in prison. They had that you had to have a cumulative of five years in the community. And the thing that’s funny is that, you know, the trial judge by what I was told is a conservative judge, but he said that he couldn’t think of a place where you got more strict supervision than in prison.

Unknown Speaker 34:34
No kidding.

Larry 34:35
Okay. He said, he said that, that he couldn’t think of any place where a person’s more closely supervised and in prison, the district court found this is on page died, the district court found that no other form of parole was more greatly supervised, then parole that has served in prison.

Andy 34:57
Can we back up for just a second the way that you described That that is worded. That sounds similar to the Georgia statute with the two years shall be placed on unsupervised probation sounds like similar language.

Unknown Speaker 35:09
It does. Okay,

Andy 35:11
I just want so this like the word shall has a specific definition that says Like, it’s not kind of a might acota it’s not a like ama, if you want to, it means you will do it.

Larry 35:21
It does mean that and this is an example of when you have part time legislatures, that don’t have a lot of time to spend on something. And the community is clamoring for something to crack down because of some imaginary Boogeyman that’s out there could be a boogie woman, but some imaginary event that causes them that they need to act and need to act now. And and they they put this statute together without a lot of thought about the wording. And, but, but I’m amazingly a textualist when it suits the agenda. And had they wanted it to be five years in the community. They were quite capable of saying that and they did.

Andy 36:04
Do I never played the hypocrisy clip.

Larry 36:08
I have never claimed to be a rigid ideology when it comes to one or the other. textualism can be fatal in cases and textualism can be your best friend. That’s why you should never religiously be one or the other. textualism can be very bad for when we’ve done by at least a half dozen cases on this podcast. We’re textualism what was led to a bad outcome. But textualism here is the as your strongest argument, if they had wanted it to be in the community, they would have said that if they have wanted it to be violation free, they would have said that if they would have wanted it to have been because the parole board takes the position that that clearly the intent of the legislation was that you’d be able to evaluate how they responded to community supervision. But they didn’t say that. Now, that is probably what they intended. There’s there’s no distinction. That is probably what they intended, but they did not say that. Right. So therefore, why not? Why not be a textualist?

Andy 37:17
Right, right. Remember, I want to ask you in the answer that you wrote of the question that one says now that the case law is no longer relevant, because this case is distinguishable. Can you help me understand how you use the word distinguishable here?

Larry 37:33
Well, when you’re a trial level court there, you’re arguing, but you’re arguing interpretation of law, you’re arguing what the trial court is going to guide him or her in making their decision. So the state will always refer to a case. And Edwards back in the 70s. For this, or the Supreme Court said that you had no right to parole that distinctly said that in Edwards, you have no right to parole. It’s a privilege. And it was as parole existed in the 70s. Because it was something that you were granted in advance of your termination of your sentence date. But Edwards is no longer relevant in this case. In this case, it’s clearly distinguishable. Because what we have now is a person who served all their time. It’s not, it’s no longer it’s no longer a right to be real and no longer a privilege to be released. Arguably, it’s a right to be released because they’ve extinguished their debt to society. There’s just this period of post prison supervision that we label parole only comes into play after you’ve served your time. That wasn’t the case. When the Supreme Court decided like I believe it was Edwards, we were sitting in the meeting of Santa Fe talking about this. That was the case that we looked at the most closely. I believe it was Edwards. But that’s that’s so your distinguish yourself. You say, trial judge. There’s a state is arguing Edwards. That’s great. Except it doesn’t apply here. Because this case, it’s distinguishable. And it’s a trial judge doesn’t bite which this one did. But then the state of course appeal. We’re at the state Supreme Court, not because of Ryan Thompson. We’re at the state supreme court because the state does not want this to be decided the way the trial judge decided they do not want to hold these hearings. They do not want to acknowledge that people have the right to be released. If they’re not going to be released, at least they have the right to have that time counted toward their computation of five years for the review hearing.

Andy 39:28
All right now, my limited ability to read these things. It It seems that the legislature needs to clean it up. And you I think you’re saying that you agree that they need to clean it up.

Larry 39:37
Are you are you the one that they should? Like you’ve said, if somebody is going to write a bill that hurts us, it would be better that you write it, then they write it? Well, it wouldn’t be better now the public defenders they’ve got a lot of energy invested in this. And we’re working collaboratively like which we don’t see exactly I tie because right now it says clear and convincing. This person should remain on parole. I want to not stop there. I want to say clear and convincing evidence that the person poses an elevated risk could admit a sexual offense if released from parole. So that gives the board something that they must cite to, that this person presents an elevated risk of committing a sexual offense if they are not continued under supervision. Because we need specificity, because otherwise they’re gonna say, Well, I’m sure you could benefit from that. Actually, they have said that they have kept people on parole, they’ve done exceedingly well with no violations. And they said, we think you could benefit from more supervision.

Andy 40:39
All right, then. Anything else on this before we

Larry 40:43
cut and run, I think we’d beat this one to death

Andy 40:46
to death. Deaf, deaf, deaf, ready to be a part of registry matters, get linkset registry matters.co. If you need to be discreet about it, contact them by email registry matters cast@gmail.com. You can call or text a ransom message to 74722744771 a support registry matters on a monthly basis to patreon.com slash registry matters. Not ready to become a patron, give a five star review at Apple podcasts or Stitcher or tell your buddies at your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting. Without you, we can’t succeed. You make it possible. We we have some listener questions if you some like stuff that came from the website and then and also our discord chat. Ready for that?

Larry 41:45
let’s fire those up.

Andy 41:48
All right, Brian in Louisiana says Louisiana liquor licenses. It’s been four weeks since the Louisiana Supreme Court ruled the identifier box unconstitutional. The state said they would have a plan in place in two weeks, I called the Office of Motor Vehicles today asking what the plan is the representative said they received an email on 11. Five, saying there is no change for now branded licenses are still being issued and that any changes on hold for a possible appeal. What is the status? What’s the deal with that? I mean, if they were told to do something, shouldn’t they go do it?

Larry 42:22
Well, that’s where people don’t understand the process. And there’s nothing sinister going on here. When the when the when the when an appellate court rules on something, the case has to be sent back to the trial court for implementation, because it’s the trial court that has the jurisdiction to hold the party in contempt for failure to comply. So there’ll be there’ll be a mandate delay issue, they’ll come down. First of all the the one that would the appellate decisions come down, they clean up for grammar for errors, then they get that the initial initial release may hit contain errors, they get cleaned up. But eventually after that process takes place. So there’s a mandate that will come down, it’ll be sent back to the law court. And then and then they there’s a time period where the state has the right to notify of its intent to appeal, which almost always they do. And it would be my guess they probably would have this case as well, because that’s just what they do. And and so therefore, since this case is not final, it is not final, the Supreme Court has ruled on it. But there’s the possibility of asking for reconsideration. There’s the possibility of what not only reconsideration, that’s really the one thing there’s also the possibility of following a cert petition with the US Supreme Court. And therefore this case isn’t final. And if the state is going to take an appeal, they’re going to ask for a state, they’re going to ask the state Supreme Court to instruct the trial court to stay any further any further move on on implementation of this until until it feels like exhausted. I’m not the least bit surprised. I know I got tarred and feathered when I said that I expected there to be no immediate change. But this is just the reality of what happens. And I would like to think that Louisiana would have an epiphany. And they would say, gee, we probably shouldn’t have been doing that, that we’ve got something to hang our head on, we’re not going to do that. But that’s not likely what they’re going to do. What they’re likely going to do is to try to figure out the minimum they can do to change the status quo. And while they’re figuring they might need to be using their appellate options to keep the case pending, they can figure out to come up with some legislation not over when their legislature convenes. I don’t know if Kobe is going to impact what the scope of what they’re going to consider. But they’ve got all these considerations, trying to figure out how they can preserve as much of the status quo. And one of the things that can preserve status quo is to is to file appeals and to seek status to stay the implementation. And that would be what I would expect them to do.

Andy 45:01
is a stain similar to an injunction?

Larry 45:04
Similar? Yes. It’s holding, it’s holding off on the on the on the implementation until until the appeals decided. So they did similar to an injunction. And we preserve the status quo. And it is just not logical to think that the state that has, arguably, according to that Supreme Court’s analysis, the most onerous license marking in the country would appear that is to the point, they wouldn’t want to mark licenses at all. I mean, what would cause them to do that?

Unknown Speaker 45:34
To then decide to not do it to not Mark licenses at all? What would

Larry 45:37
make them want to go from having the most extreme to having no barking?

Andy 45:43
punish them, thump them over the forehead, and somebody can’t do this? I

Larry 45:47
mean, they did that the court didn’t say that the court said that they could do a less onerous marking, but I’m saying for them to, to devise a plan, which is what this listener is hoping for that they’ll have a plan or that they want more licenses. Why would they go from having the most onerous marking in the country to not having a marking at all? Why would you do that? Tell me what would keep moving from that point to that point?

Andy 46:12
Right. Yeah, yeah, no, I mean, they’re going to have to whatever degree they can is just fine. Whatever the line is what they can get away with. And they’re going to take one tiny little inch step back from whatever that line is of what they can do.

Larry 46:25
That is slightly what they will do unless the people of Louisiana register complete resentment to their lawmakers that these licenses are being marked. And I don’t see that happening. I do not believe the phones are ringing off the hook and legislators offices, saying How dare you mark these driver’s licenses? I don’t believe that to be the case. Do you

Andy 46:48
right? No, probably not.

Unknown Speaker 46:52
Probably not

Larry 46:52
very bright picked on Louisiana. And I couldn’t think of his name. Last time I did it though. Senator Vitter, who was what was the architect of the US Senator Vitter, who who ran for governor as well, I think but he he was the architect of the further reduction of people eligible for nutrition assistance. And he got great accolades in Oklahoma, Oklahoma and Louisiana for for for that for that position. And he would

Andy 47:18
not have paid people less nutrition

Larry 47:21
for restricting further restricting the eligibility for nutrition assistance based on felony and sexual offense convictions.

Andy 47:28
And sounds like a really great plan. Well, my

Larry 47:30
position is if the citizens of Louisiana had registered resentment was bitter, saying How dare you not want to feed a person because of a mistake they’ve made in their life? You’re going to deprive nutritional assistance because of mistake. How Christian is that? But that’s not that’s not what the people of Louisiana did. He got great accolades from his phones ringing off the hook, but they were in favor of it. Sure. Sure, sure.

Andy 48:00
Yeah, it’s a very inhumane position to hold. But that’s that’s what we do here, Larry. That’s the American way right there.

Larry 48:06
So all right, so that was that one?

Andy 48:09
Yes. And then we did receive a comment from what Episode 154 so this is from the last week’s episode it says petition for mine. Oh, this is all related to the the removal from probation terminating the sentence stuff so petition for mine after 65% completed, denied, da Asst. Oppose, it said a lot of negative things, even untrue things. Excuse me, saying I had thousands of pictures when it was only 300. According to the discovery we saw, said I was the worst case in the history of the country, which was untrue and just da flare. My lawyer did everything you said probation rules here is they aren’t allowed to recommend any so for relief. However, he told the judge I was a model probation person and that I was violation free and have completed all my court ordered mandates. He was very kind I tried. But hey, I made it this far. I’m just happy not to be sitting in prison. And I’m with my daughter and my wife, both the podcast By the way, and hey, you forgot to say fyp. But I’ll, I’ll hold off on that part. So I am I Larry, I almost have some level of like, like survivor’s guilt to a certain degree because if this person did all of the things and like it’s it’s very person specific. It is very probation officer specific its probation office specific. Your County, your da the judge this like so many things for whether you will be successful or not at having modifications done to any degree. And you know, it’s it’s unfair is really like the best words that I could use to describe it that two people could have the exact same case so to speak, and one of those pieces of the of the chain, derail the whole thing?

Larry 49:50
Well, what I would like to zero in on a smile or you did everything you said, I would like to to question that because if the lawyer did everything that I say you would have Know that they were going to say these things, because your lawyer would have had the conversation, the lawyer would come back to me and say, they would have said, Look, this is what they’re going to say this is going to be their position. And I can go forward with your petition. But I’m telling you, if they say these things, Judge Smith is not likely to grant your petition. That’s why I encourage this conversation. Most lawyers have their pull out from money, and they want the full fee. And I’m sorry, I have to criticize lawyers. But I do and what I would like a lawyer to do that wants to do these removal petitions for the bee from the registry, or whether it be from early termination, as to don’t collect the entire fee. Tell the person look, these things particularly determine from termination from probation or rights, their privileges. And I’m going to need to do some homework to find out if it’s even doable. And if that Laurie had had that conversation, and they came back and told you, and if that lawyer told you that this is what they’re gonna say, and you went forward, then this one’s on you. Because you should have known if they come and save you the worst case in the county, and that you had thousands of images. And this is another reason why you can’t go in to this pro se, because they’re not going to tell you these things in advance of the hearing. You can’t go in today’s office there, first of all, and second of all, they’re gonna tell you, the big your big script ever lived. And you need to know that before you go for these petitions, because in some cases, you’re barred for a period of time from presenting another one particular in a removal or reclassification in Arkansas, you have a certain amount of time frame, you have to wait before you can file another one, indeed, to do your homework and get me as many barriers out of the place as possible as you possibly can. What if that da that that did this was in the bitter reelection campaign? I don’t know any of this? I’m just speculate. But suppose the timing of this could have been altered, or it would have been decided after there was no, no judicial election that could have been a factor or da election, it could have been a factor and the DA by not have been as as adamant. All those things are considerations. Yep.

Andy 52:18
Yeah, I would say that. While I was still even like interviewing the lawyer, the first time he called over to the DA, and I don’t remember which level he didn’t talk to the head honcho, I don’t believe, but started just taking the temperature while still there to see if it was something that could be accomplished or not, before I put a penny down.

Larry 52:38
And that’s the correct way to do it. If you if you have integrity, you’ll tell the person you know these things. Oh, you’re in this county? Well, I’m telling you, they have literally terminated a sexual offense for entire years I’ve been practicing here. Now you could be the anomaly. But they don’t do it here. And then you can go down, you can go down the street, and you can tell another story, the story, who is honest. And you can buy into the hoopla that that was just what people do. They accuse all lawyers, if they go find someone,

Andy 53:09
they’ll tell you what

Larry 53:10
is being crooks. And they go look for the one that will give them the message that they’re wanting to hear it they heard that one because one who wants to hear that I can’t get off early. Nobody wants to hear that.

Andy 53:22
No, nobody wants to hear and I certainly went into it with that mindset. I don’t want I don’t want someone to lie to me and tell me that Oh, man Piece of cake and then obviously fails. But I also don’t want someone to say like, no, never never does this work. And maybe it does work. I was like, how do you how do you get past that cruft of figuring out where the actual, where does the barometer lay on this actually being a plausible thing? It’s hard to do. And it’s, you know, we’re lay people, we don’t have the expertise that someone like you has, and we’re trying to fly by the seat of our pants, we barely know how our car works. And we’re asking a mechanic to help us, you know, tell us whether we need to get our car fixed. And it could be a $10 part or it could be a $10,000 job.

Larry 54:04
Well, if I could give this piece of advice, be willing to pay the lawyer for the time that for the time it takes them to figure out what you’re what you have, what your potential is. That’s all they’ve got is their time and their expertise, be willing to pay for that they shouldn’t have to go talk to the DA for you, on the off chance that you might hire them. But if they’re if they absolutely cannot win a removal petition, they shouldn’t charge you for the full price for one because they should be honest enough to tell you that I will do your petition for you, Andy, but not a secret once I’ve been granted. I feel bad about taking a bet about taking your money, but I will give it my best shot. But I’m telling you, this is what they’re going to say that cost you $1,000 to find out. How would you rather pay $1,000 to find out that you’re suck or would you rather pay $5,000 to a person who tells you that I do these all the time. Don’t worry about a thing. I’ll handle it and then you get suck and then you may be Suck for a period of time, statutorily you can’t come back, which is more, which is more preferable to you.

Andy 55:07
Nick brings it up exactly the way I think you should play this one, it says for petition, the key is to have a lawyer who can make calls and get a good read of the room who actually spends the time in that particular court and knows all the players. Yes, yes. For something like this, you would want somebody that knows your local jurisdiction, you don’t want some out of town, when that’s going to burn bridges. You want someone that plays golf with these people and hangs out. And since Christmas cards and whatnot,

Larry 55:30
you’re absolutely right. The exception would be if you know, it’s an extreme long shot. And if you think you can break down a key witness, and you need a person who is not afraid to do that, because if someone’s gunning for you, and you think you can break them on the stand, and get them, get them, get them to be tripped up, and to give conflicting testimony, you might break you might win the case was an outsider. But generally speaking, that is exactly correct. You would want to basically what you want to do is talk to me every time you have one of these and pay me to tell you, I’m just kidding on the page, because I couldn’t begin to talk to everybody who has legal questions, but but you’ve got to find some way to talk this through with a person who’s not just out to get paid. If there’s virtually no chance of you prevailing.

Andy 56:18
You should provide a service of where we hire you to interview our attorneys for us.

Larry 56:27
That’s when there were crickets. That’s what that’s a good idea. We’ll shut that price be $1,000 in interview

Andy 56:35
containers of fudge. So I’ve still got

Larry 56:37
I still got fudge fudge leftover,

Unknown Speaker 56:40
I’m sure.

Andy 56:43
Thank you, Justin for that. He then turned around and offered me and I was like, No, no, no, no, it’s totally okay. I was just I was totally just picking on him about, I don’t need a whole lot of sweets, it’s totally fine. I was just totally playing fun that you got something and I didn’t I was just playing. So alright. Somehow we missed this one later. But this one came up on the radar of different advocacy groups. So this one comes from Florida Action Committee. It says New York Federal District Court grants injunction against the state blocking social media. But this is like a two month old decision or something like that. And so as a group of people forced to register as pfrs in New York have been granted a preliminary injunction by a federal district court in New York against the New York State Department of Corrections and community supervision, which sought to ban these individuals access to social media. What’s going on here?

Larry 57:32
Well, it started my web passed by a elaborate detection systems here at fyp. So we have we have a vast apparatus of detection, but this one got past me. But this is a statutory requirement for people under supervision. And it includes three categories. The victim of the registry offense was under the age of 18. At the time, or the registrant has been designated as a level three sexual offender, or the internet was used to facilitate the commission of the crime. And those people are restricted subset difficulty from accessing the internet and social media. And the the trial judge, this is an a trial court. It is not an appellate case yet. And I for kicks and giggles, I looked up the district judge just because everybody wants to know is it red or Team Red or Team Blue? Right. Right. And this is a judge that was appointed by President Ronald Reagan.

Andy 58:41
Probably makes them Team Read.

Larry 58:44
And judge judge dearie think that’s why that would prepare announced and just like in Colorado that the judge Bache was appointed by President Nixon. Now, in in the days of Nixon, they were they were not very elaborate at doing. They didn’t analyze philosophy that much in those days at the trial level they did at the supreme court level. But at the trial level, if the senators from that state recommended a judge, the President was someone for a federal judge up to present was going to point them, but this case is similar to what we had happened in Bucks County, Georgia, where a preliminary Grant has been given to enjoin the state but he only had joined them for the for the group of the internet which used to facilitate their crime. He decided that they are likely to prevail on the merits of this of this case and but I wanted to talk about the exceedingly high requirements for getting an injunction because it’s like the stamping class action. That doesn’t make it a class action. Applying for an injunction doesn’t get an effect most are not granted because of the exceedingly high Standard and the party seeking or play marriage auction on, on anything has to establish that they’re going to suffer irreparable harm and a likelihood of success on the merits when the case goes to trial, and that the preliminary injunction is in the public interest. And and then there’s another component when they’re government when there’s a state government action that the moving party seeks to stay government action has to must establish that they represent energy and like injury and likelihood of success on the merits of the claim. And that’s a tough thing. That’s a real tough standard to meet. And, and then I really zeroed in on page 17, because it It made me reflect back on international Megan’s Law when the injunction was sought, and people threw darts and arrows at me when I said we can’t meet the standard. And I couldn’t find the standard, but I knew it because I had researched it before but I couldn’t find it. But thankfully this this district judge has has a law clerk that could find what I couldn’t find. And they say, Judge deary says irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction, quote, the moving movement must demonstrate an injury that is neither remote nor speculative, but but actual, but actual and imminent. And that cannot be remedied by monetary damages. That is the reason why the injunction for international bagans law was doomed from the get go. Because everything that was being salt was based on speculation. We did not know what the market was going to be. Therefore, all we could do was speculate. And therefore, it failed. And I got mad people got mad at me, I didn’t get mad. But I just felt like that I was doing the best I could explain people the odds of prevailing, but this one here is a good case study for those who want to know about how difficult it is to get an injunction and why they are granted and why they’re denied. And this case is still unfolding. hasn’t gone to trial yet. We do not know how it’s going to come out when it finally does go to trial.

Andy 1:02:14
Can you back up? We you You gave us the three different positions that people could be in for this for these conditions to be held true? And I just want to be clear, is it the people that use the internet to facilitate their crime? They are the only ones that didn’t get this relief? Or they’re the only ones that did get this relief, the way

Larry 1:02:33
I read it, they’re the ones who did get the relief.

Andy 1:02:37
That seems backwards?

Larry 1:02:40
Well, let’s go back and make sure I misread it. Let’s make sure I read that correctly. So let’s go down to the end of it, you know, do and do a skim of the read. Read it. Because it could be that I have a ballot of old timers?

Andy 1:02:54
Well, because I you know, to me, the people that you would seem to want to keep off the internet would be the ones that use the internet to commit their crime. The first one that says the victim of the registrants offense was under the age of 18. Well, they could have gone to a park to to do their to pick up the whatever, that doesn’t have anything to do with the internet. Why would you restrict them from the internet? That’s the only reason I’m asking this because that just seems backwards to me.

Larry 1:03:19
Yeah, it looks like I’ve got it backwards. They’re the ones who didn’t get it. You’re fired? Yes. Yeah, that that’s about double time last year.

Andy 1:03:30
Okay, I didn’t think that that made sense. But hey, look, you know, we’re editing on the fly. And that’s what happens when you do a live podcast. So cool. Okay, so the people that use the internet to commit their crime, those are the people that did not get this relief. The other people were the victim was under the age of 18, or the registrant has been designated as a level three offender. Those people are relieved from this where they can still potentially use in social media.

Larry 1:03:56
That is correct. And the the another neat thing, and this is the the overreach of packing ham Where were the it was a unanimous decision of the Supreme Court. But the conservatives were very reluctant because of the overreaching dicta that they said that would be used to drive wages. And they, they were cautionary about that. And that’s this, this, this came up in this decision here, where, where the packing ham case was about people who had completed their sentence, they were not subject to any form of supervision or punishment. They were being banned by North Carolina. And the court had some dicta that, that they were particularly concerned as how how the internet ban was affecting people that paid their debt to society, which suggests that they were concerned about people who were still paying their debt as well because of the use of the word particular particularly and so the deck that came up in here as well, but this case is still unfolding folks.

Andy 1:04:58
Okay, but as We learned as we learned with the butts County, one in Georgia with the signs, it is a very high bar to receive the injunction. But that does not mean that you can just tip your hat and say, Hey, man, we we’ve got this, it’s over. We don’t have to do anything else we’ve won, it could still come back and bite you.

Larry 1:05:17
They could come up with it, because the Court made it clear that they hadn’t shown the evidence to justify what they’re doing. It could be when this goes to trial, they have more evidence, like the head and buts County. Well, of course, it wasn’t a trial of summary judgment. But if this was resolved by a trial, and they actually hear evidence, it could be that they present evidence, we don’t know that because everybody moves for summary judgment.

Andy 1:05:44
Okay. We have some articles to cover if you want to fill in some extra time. And we’re gonna have to prioritize these because we have maybe 10 or so minutes to go and we have like 45 articles to go.

Larry 1:05:55
All right. So let’s do some articles. Let’s start at the top. And the ones that are at the top of the list are more of a priority for me. And the first one doesn’t take any time at all.

Andy 1:06:05
No man freed from five. I can’t 505 year federal prison term, Larry, his release date. I just I stopped when I was reading this and left. His release date was July 8 2419. Who do you think’s gonna be running for president in 2419? Well, but they will,

Larry 1:06:23
they will. They would have released him after he did his time.

Andy 1:06:29
I don’t mean to be fake, because that’s that’s an obscene amount of money. I mean, time, I was just reading. He was a money launder. Like, he he made phony money later. And he received a 505 year prison term, but he’s been released early. Because so that’s good news for the guy.

Larry 1:06:45
Because because of the pandemic.

Unknown Speaker 1:06:48
Oh, well, I

Andy 1:06:48
mean, okay, but it’s not like he’s not he’s not somebody that’s violent. He’s not Charles Manson as an example of somebody that would be a threat to society, so to speak. This guy just put some money in the laundry mat, and then took it out and spread it around. That’s all he did.

Larry 1:07:04
Well, not quite literally.

Andy 1:07:09
I know. That’s a long time. 2419. Larry, come on, you may still be alive.

Larry 1:07:13
Well, like I say, whatever. Least event 2419.

Andy 1:07:20
Anything else before we before? It’s just a long time. They’re

Larry 1:07:24
like, I like the next one about the wedding.

Andy 1:07:27
Okay, let’s see here. So this is from courthouse news, Nebraska inmates fight Eighth Circuit for prison. He wedding. That’s fun. I didn’t really get enough information out of it. Is it just two people that were pen pals, and they want to get married. So I didn’t really quite catch what the actual situation was

Larry 1:07:47
something to that effect. They want to get married. And but the the marriage statute for 1866 I guess, in Nebraska, a contemplated that to get married you had to be present. And the state of Nebraska saying that you have a virtual wedding doesn’t count. And the it the court apparently the judges were like, discombobulated but but why do you need that? Why are you trying to keep these people from getting married? And we we’ve had case law since 1966. You have the right to get married. But the question is, do you have the right to force prison administration to provide a platform and a portal for you to get married? virtually? What right with the right to get married? Is? Is that? Does that include a right for someone to facilitate your marriage for you?

Andy 1:08:43
Let me let me just it seems like it would be easier to put in a computer to let them have a Skype wedding or a zoom wedding than it would be to go through the security precautions of bringing a human body inside the walls.

Larry 1:08:56
Well, but they’re not going to either. I mean, that’s that’s the question I’m raising and I don’t have the answer. I’m saying you have the right to marry who you want to. Where is it at that you have the right to force prison administrators to provide you transportation or security physical presence is required? Where is it? What right can you cite that you have the right that they must force that that you can force them to provide a platform for you to get married virtually, if we want to be textualist? like can you cite to that says while you’re being punished that they must provide you the avenue to get married

Andy 1:09:38
and remind me Eighth Circuit that is the appeals court that’s one step below the Supreme Court.

Larry 1:09:42
That’s correct. And that runs down the midsection it would be it would be Nebraska Arkansas, Minnesota that midsection of the country. Okay, but but I’m wondering what right can you cite? Do you get married all you want to since you’re out you go get married? Okay.

Andy 1:09:59
Okay. And that would have been put the burden on you to find somebody to marry you just to the piece or a minister of some sort to marry you, you go to some sort of establishment to do it. But the prison doesn’t have to do that for you.

Larry 1:10:11
I don’t know that that’s where, right? If you are a textualist, and a literalist, then this would be legislating from the bench for the people wearing the robes to put in the the issue an edict from the bench, saying that the legislators should have done this. And they didn’t, therefore, we’re doing this, that’s a little bit of legislating from the bench. So I’m just wondering what, right you have to force the prison, you can’t force them to provide you access to your doctors. They provide you access to the doctrines they want to provide you access to right.

Andy 1:10:53
You can’t Yeah, you don’t get to go, hey, look, my special doctor over here. That’s what I’d like to go see you fyp. No,

Larry 1:11:00
you don’t get to force them to provide you access to visitors of your choice. I mean, you you do have some limited visitation rights that you can forfeit, depending on discipline, but you have severely curtailed rights and prison. So I’m just anxious to see what right that they are going to be able to assert. And if the eight circuit events are right, because I think they’d be inventing it, what they hang their hat on, if they say that the prison has to do this stuff, and I’m not taking a position on it. I’m just raising the question. Yeah, if I were present administrator, I don’t think I would probably try to create without a court telling me to I would probably try to create something. But the prison would take the position doesn’t what administrative would say, Well, if we start providing these virtual weddings, they’re going to be they’re going to become commonplace. And, and that’s all we’re going to be doing. And they’re gonna be Sham wedding,

Andy 1:11:48
we’re not the Yeah. And we are not the Department of marriage,

Larry 1:11:54
what they’re gonna they’re gonna say that there’ll be Sham weddings that people will have met through through writer presidents.com and friends beyond the walls and all these websites that they’re going to say that, that people are getting married, to try to get benefits. What happens if a person’s that 72 years old? Well, you gotta be 60 something to bail, Social Security. But what happens if a person’s in their 70s and there are benefits to Social Security have been curtailed because they’re incarcerated, which happens whether you’re on disability, whatever form so secured, what happens if a sham wedding happens for someone who is in a financial condition that they can collect spousal benefits by being married now, I don’t know all social security law, and I don’t know how long you’d have to be married. But what happens if people use it to scam that? Would we be happy that our prisons are accommodating Sham weddings?

Unknown Speaker 1:12:42
Probably not.

Andy 1:12:44
What if only you would think of that I shouldn’t say only you somebody else would too. But you were the one that would think of these things.

Larry 1:12:49
What would happen about people who who want to sponsor folks to come and suppose they’re in prison for something other than a sexual offense? And and and they could receive an a monetary consideration for a virtual wedding for someone that they’ve never laid eyes on before. With that, would that make you happiest in society? They’re downsized all these things that I’m just curious how this space is going to come out. It’s going to be fascinating to me. That’s why I said here

Andy 1:13:17
you have, yes, of course. And then we have a pair of articles. At least they’re tangentially related as from the New York Times sex abuse claims against the Boy Scouts now surpass 82,000. And the other one is a $73 million settlement is reached in sex abuse suit involving UCLA gynecologist. I don’t know why you put these in here.

Larry 1:13:38
Well, we do tend to talk about stuff related to sexual offending and what I put it in here for us because I’m totally confused. And I don’t understand. We’ve talked about former House Speaker Hastert who was molesting the wrestlers apparently for a long time and he admitted it’s not my speculation. He admitted when they charged him for money laundering and all the stuff they charged him to do. He admitted that he had done that. But he coached wrestling. We had jerry sandusky. We had Dr. Nasser, we’ve had on and on what these high profile cases of people that that I don’t understand what happens how this stuff goes undetected, and undisciplined, and unprosecuted for years and decades. I don’t get it. I don’t want to believe just because someone comes forward that they’re automatically guilty of every accusation it’s made. But on the other hand, at some point, it becomes a pattern. And if you’re paying out $73 million at UCLA, I would say that there are a lot of this case it was women it wasn’t like with Sandusky and Hastert it was it was boys, but there are a lot of people who have been victims that who have been reporting things as we found out in Penn State University that That, that the administration was aware of this and they took no action. How does that happen? Andy? How?

Andy 1:15:08
i? I don’t know.

Unknown Speaker 1:15:13
I don’t know.

Andy 1:15:15
I mean, but 80 to eight so to is are some portion of those 82,000 claims? some portion of those are probably not true, but some of them are probably true.

Larry 1:15:27
I would guess in any situation where there’s money to be had people will put forth dubious claims. I mean, that’s, that’s just human nature. Hopefully they have a process of ferreting out that the people were a member of the scouts, I’m sure they do because money is at stake, and they have some process of validate, you’ll never be able to know what happened. All you’d be able to know is the person was a scout on that particular scout master that particular error when that when those allegations were made. But but but again, you would have a pattern. If you only have one Scout, that comes forward. And that’s all. That’s not to negate that that could be true. But if 27 scouts come forward from one scout Master, and report something at some point, you ought to take it seriously. I would think

Unknown Speaker 1:16:13
you would think

Andy 1:16:16
you would think anything else here before we go on and we could probably do one more if you want to like pick one.

Larry 1:16:22
Pick one. All righty. So well, you know, during the war on drugs,

Andy 1:16:31
the war on drugs from the hill 50 years after the start of the war on drugs, Americans have a chance to fix the harm it created. Richard Nixon is the one that is credited with starting the war on drugs public enemy number one, how can you imitate how next would St. Paul Brock annamaria.

Unknown Speaker 1:16:48
Number one,

Andy 1:16:49
I don’t know I can’t do Mixon

Larry 1:16:51
you did a pretty good job actually. And

Andy 1:16:57
I have heard people like bashing president vice president like Kamala Harris for her position as da back in California whenever that was as being incredibly harsh on people coming before for drug crimes. That’s what I’ve heard. And they’re wondering, Is this all going to change when she steps into the office and all that stuff?

Larry 1:17:18
Well, I think you heard me basher, because I’ve asked that post that question when she was running, you know, is she truly different now. But this this is, clearly these two articles indicate that we spent a lot of money and not achieved a whole lot. The deaths from drug overdose have have gone up. As the public has voted. In this recent cycle of election, this general election, the conservative and liberal states have voted to relax I mean, it’s a it’s it’s bipartisan. There There are states that you would not think of they’re voting to decriminalize and legalize the use of drugs. And I think we’re finally turning the corner and we’re but it’s going to take some time to unwind because a lot of people make a lot of money and they they don’t want to give that money up.

Andy 1:18:17
You think that this is base like so we’ll call this the the war on drugs industrial complex, perhaps?

Larry 1:18:22
Absolutely. It is, is a big industrial complex. And a lot of money’s made it and the cops are one of the biggest opponents to legalizing drugs. I’m sorry to tell you that I know that we have an audience that ends to love the police, but they fight tooth and nail and they use scare tactics. Because it if in some of their scare tactics are legit. I mean, but but they they overdramatize the complications of smoking a little bit of weed. It’s not a gateway. So it certainly for that one. Yeah, it’s not a gateway drug in my opinion. And that’s what they say how this is just the beginning of what’s coming. If we legalize this, what’s next?

Andy 1:19:03
Except for we still have alcohol, which is from my understanding as a lay person is far more harmful and leads to alterations of personality where people get drunk and they turn into completely violent crazy people. That’s not your gateway drug. Okay. All right then. But that one’s legal.

Larry 1:19:21
So well, we only skip in three articles. So we did fairly well.

Andy 1:19:25
Not too shabby.

Unknown Speaker 1:19:26
Uh,

Andy 1:19:27
let’s see. What do we have to do close this thing out? We can I don’t think we got any patrons. If we did. I am sorry. It was a really crazy busy day and I didn’t even have a chance to look. But Larry, how do people find the podcast?

Larry 1:19:39
They search online.

Andy 1:19:41
search online awesome smoke signals. Yeah, I think I keep using that. And let’s see what can we come up with teletype? You were probably around when the teletype was invented, did it it did.

Larry 1:19:51
So registry matters.co will get you to our site and you will find every every episode, we ever done right?

Andy 1:20:02
I think so. Yeah, I’m pretty sure if not, it may have started like around Episode Five, but I’m pretty sure you can go back to episode one. You can go back to episode one. Yes, yes, yes, yes. And what about your favorite way of phone calls if somebody wants to call in the old fashioned way with the rotary or the touchdowns,

Larry 1:20:19
that would be 747-227-4477.

Andy 1:20:25
Email is registry matters cast@gmail.com. And we love all of our listeners, but our patrons are, make this so much more fun. And you can find that over@patreon.com slash registry matters. And you can support the podcast for as little as $1 a month, and they get the fabulous transcription service that pretty much Larry runs. Jonah. quickly talk about that just for a brief moment.

Larry 1:20:50
I do. I’m hoping that sometime early in 2021, we’re going to have our entity created. I’ve been cool. I’ve been hesitant to do all the work that’s involved. But we’ll have a business entity will seek our 501 c three status. And we’re hoping to be able to drop the cost of the transports, which I’m hoping that even if before we may be able to drop it because we had anticipated that they were going to be using large envelopes, and that the postage was going to be running higher because we didn’t have the formula to keeping it concise, to the number of pages that we can get into the to the process we’re using now. So we may be cutting the cost of the podcast transcripts a little bit and then hopefully as we get donors onto the 501 c three, we can reduce it to free for people who are in a jet and we can reduce it even further. We’ll wait while we have more financial support.

Andy 1:21:38
groovy man, that’s awesome. Larry, as always, I appreciate your time that you spend here on the podcast. And I know that the listeners do too. You are an immense amount of knowledge and I look forward to next week. It’ll be right after Thanksgiving next week. I hope everybody has a good Thanksgiving holiday too. And if you’re traveling please be safe and wear your damn masks. Right.

Larry 1:22:01
Fantastic.

Andy 1:22:03
Great. Have a great night, Larry, talk to you soon. Bye.

Unknown Speaker 1:22:05
Good night.

Unknown Speaker 1:22:09
You’ve been listening to F YP


Transcript of RM153: How To Get Off Probation Early

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from probation savings time, fyp Studios, east and west, transmitting across the internet. This is Episode 153 of registry matters late, it’s another Saturday night, I’m happy to be here, I hope you are too.

Larry 00:26
I’m always happy to be here. And I’m surprised you keep inviting me back.

Andy 00:31
I do keep inviting you back. And that’s probably against my better judgment and counsel from other people.

Larry 00:37
So well, maybe they’ll come to their senses one of these days,

Andy 00:40
we could just say, look, if nobody shows up, if nobody would download the show and all that, then we could just shut it down and have a nice quiet Saturday night. And I wouldn’t have to talk to your kind.

Larry 00:51
So what kind is that anyway,

Andy 00:53
the kinda Actually, let me let me just preface this whole thing I was having this is gonna come up here in a little bit. But so I was speaking to someone that if they were to be released from their supervision requirements from the registry, they would be done with the movement. And I said, hurry doesn’t have anything to like, you don’t have any direct involvement anymore. You’re not on supervision, you’re not in the registry. So you’re helping us out of the kindness of your heart.

Larry 01:19
Well, that would be that would be tragic. If people take the attitude, we try to encourage the ones in this state not to do that. Because since it is a civil regulatory scheme, and we know that the ex post facto prohibition only alters the change in criminal statutes. It’s possible that a person who’s gotten off the registry could be invited back and you could just look around Wyoming, that’d be a good example of that when they went for their 10 year registration to their 1525. In life, when they pass their version of AWS. They invited people back, so So never assume just because you’re off something that you’re not impacted, you can’t be impacted by going forward. If you have this conviction, you can be impacted by it. So I would encourage that invited back. Well, that was a nice way to put it.

Andy 02:10
I love that you put it that way. That’s awesome. Um, let’s let’s dive right in. Can you describe that you received a small little package in the mail this week, and it did not contain anything that was uh, oh, anyway, it let’s be nice. You received a package, I was gonna say some kind of snarky

Larry 02:26
ideal, I received a package from one of our really faithful, generous patrons. And it was a package that I was expecting containing fudge. And I didn’t go down to the box till late yesterday to pick it out. And I said, Well, I’m not going to open it just like because I try to watch my diet eating rich foods at night. And I said, I’ll just open it the next day or two when I’m craving something sweet. But I decided that I better open it because you never take for granted what’s in a package. And not only was there the fudge I expected, there was a nice card, and there was also a card within the card. That was something that I can redeem at Outback state at the steak house.

Unknown Speaker 03:05
fansler.

Larry 03:07
So Justin, that was so kind. And I’m so moved by that. I mean, we we already have people that are making more generous contributions than I could ever have imagined when we started this. I didn’t even understand the concept that somebody would pay to listen to someone ramble. Because all the rambling I listened to I listened to it for free, on commercial broadcasting it true but yes,

Andy 03:29
it’s just a different business model. You’re paying for it with commercials that you may or may not ever go buy a product.

Larry 03:35
Well, yeah, it’s built into the products like the NFL, if you if you if you stop Think about it, you know, those those $30 million salaries, you’re helping pay for those because those built into the TV contract, which is built into the cable and satellite package, which is built into the advertising cost of the sponsors. But I’m not making an individualized payment for anything that I’m listening to. There’s just something I couldn’t fathom that people are doing.

Andy 04:00
Oh, see, here’s a good point. So someone in chat is asking, Are those special brownies? Are they like happy brownies? Maybe? Do you even know you might have consumed some pop brownies later?

Larry 04:11
I would not expect that are we would have received anything like that.

Andy 04:17
That’s funny. All right. Let’s move right along there. Thank you again, Justin. And now I’m upset because I don’t really care for fudge. So I declined the gift. And this is the second package of fudge that you have received. And actually, Mr. This is sad to me. But Alright, so enjoy your Outback. And again, thank you very much Justin. Justin is our super all time winner on Patreon. Anyway, we’ll take anybody a very long time to catch up to be mister number one patron.

Larry 04:43
It is well it’s like I say it’s it’s it. I can’t imagine that. I’ve been prescribed a new newspaper. You might pay 1215 bucks a month, maybe 20 depending on your market. And we’ve got people that are paying more than 20 bucks a month and the newspaper comes every day.

Andy 05:01
We received a question over on YouTube from Episode 151, which was a couple weeks ago, and it says somehow I missed the last 10 or so minutes of this on the podcast and wound up wrapping back around to this in the car over the weekend. The comments Larry made starting at around 74 minutes in with the Smith versus doe in Alaska case. Larry said they went that route due to the recidivism rate being frightening and high. I’m wondering if that is where the legal challenge would reside. Is that is that such a thing as to challenge a specific ruling based on the Alaska case with the actual evidence to define what high is and if it is unfounded when compared to other criminal cases? It just seems to me that we keep trying cases on an individual versus going after the ruling that the Supreme Court was advised based on incorrect information. Can we go after just that information? I really liked this question, Larry, because I think that a lot of people would have some level of confusion about if the facts were wrong. Can’t we just go thump them on the forehead and tell them no Dum? Dum? The facts were wrong. Can we try this again?

Larry 06:06
Not that case? No, you can’t try that case again. And it’s my position that it wouldn’t have made any difference in that case, because the case didn’t didn’t turn on recidivism. It constructs people to no end that they think that because the recidivism that was mentioned, was the deciding factor of what was the deciding factor was the Supreme Court had ruled in 1963, in a case called Kennedy vs. Mendoza Martinez, that if if you change a law, as long as it’s not a criminal law, that you can change it retroactively. And what determines you can label something civil. But if it if it those seven factors in the Kennedy Mendoza Martinez test, if those factors weigh in favor of finding it’s punitive, you can call it civil law, you want to the factors that they weighed, when they weighed the seven factors did not weigh in favor of the Alaska scheme, big fat punitive, they did decided on recidivism, they decided it largely all it did not impose any disabilities or restraints. It was merely a regulatory scheme at the time. And so therefore, I encourage people not to spend all the energy they spent on the recidivism. But the deeper question that he’s asking, I think is, could they go back and prove that I wouldn’t want to waste my time doing that, because it wasn’t the deciding thing. But if you wanted to do that, you’d have to launch a new case. And that’s exactly what he did. The challenging part or that part, party in that case, filed in state court, and he argued that it violated the Alaska constitution, and he won. And and he put his case together differently, and he won. But the Can we go after the after the court? If I’m understanding that part of the question, if that’s what he means? No, we can’t go to the court. But the court is a view there. They’re not a party. But beyond that. The litigants themselves agreed to these facts. When you fall for summary judgment, and I’ve said this so many times, when you decide to resolve a case by summary judgment, the party to hope is opposed to the summary judgment. Everything that they would have used as a defense is presumed true, because they don’t get the opportunity to put that defense on at trial. So everything that Alaska would have said about fighting high recidivism had to be assumed true, because we told the court and I say we are side, we tell the court that there was nothing factually needed be further developed. We all agree on the facts. So that was a fact that the parties agreed to that recidivism was high. But that wasn’t the deciding factor in the case.

Andy 08:57
A Raiders fan and chat says it’s like that that’s like going after the referees in a football game after the game is over. Is that a fair analogy?

Larry 09:07
I think that is somewhat fair, the court was handed those facts that recidivism was riding high, but it didn’t decide the case. If you if you read the the decision, what decided the case was it was a very modest imposition. Not much different than other civil regulatory schemes. They are not considered punitive. It they, they equated it to a driver’s license. And of course, every new driver’s license, everybody looks at what they’re required to do now. And they say, of course, it’s not like that. But that wasn’t what they were looking at. They weren’t looking at a crystal ball of what the registry might look 20 3040 years out. They were looking at what was being challenged. And what was being challenged, didn’t impose didn’t impose much of anything.

Andy 09:48
But then that that is one of the pieces that keeps coming back to haunt us now is that they, you know, they constantly cite it says Well, if the recidivism rate is frightening and high, why would we ever let them off the registry

Larry 10:01
It does come up to hot in the public discourse, because that is assumed to be true that the more bad political decisions are made, because everybody knows, as far as they think I’m not saying or by gnosis, but because it’s not true. But everybody who doesn’t know the issue inside out, they have heard this so much about receives a big, frightening high, it’s assumed to be true. And therefore, the law, the law makers are scared to death to do anything other than to be harsh, because the recidivism is frightening, higher, some lawmakers don’t even know that the recidivism rate is very low.

Andy 10:36
Which I constantly come back to that that is why we need to be present when these laws are being drafted and so forth, so that we can tell them that this information is not accurate and hand them the stack of papers to refute that specific piece of it. I know that you’re going to go in what we don’t want to fight this on a recidivism basis. But when that piece of evidence comes up, when that conversation comes up here all the studies after after, after that say that this is not

Larry 11:00
accurate. You absolutely do want to fight that when it’s formulation of public policy. You don’t want to fight that is your is your legal as your chief legal strategy. But in terms of public policy formulation, you absolutely want to talk about recidivism, you want to tell people that, that you’re formulating public policy based on a misguided belief that recidivism is off the charts when it isn’t. And that comes into sentencing. Why do you think the sentences are so harsh? Well, because the public is outraged about these people, they just keep doing this over and over again. And they get a slap on the wrist. So absolutely. You want to talk about recidivism, but you want to talk about it in the right form. And the right format is that the legislature it’s not in the courtroom because the recidivism did not decide Smith versus doe.

Andy 11:46
Gotcha. Is there anything else you want to

Larry 11:48
know I’m gonna get a lot of eggs and hate mail, because everybody. But I claim to my belief that if when I read that case, it that wasn’t the deciding factor. I don’t I don’t spend all that time worried about it.

Andy 12:02
To address that for just a minute, you are in a position that you are doing this. I don’t want to say professionally but you weren’t you were there in the fight daily or multiple times per week that you know how this process works. Many of us are just sort of like part time kind of hang out and do it. Maybe during the legislative week. If any of us are even there at all. We’re very much Monday morning quarterbacks at best.

Larry 12:28
Correct? And there there is no, there’s no challenge that will bring the registry down. Because the registry is a collection of 50 registries among the states that plus the territories and the Indian tribes. They have the registry, so they’re all different. And each registry has to be analyzed on its, what it what it does and whether it can be constitutional. It’s not. There’s no challenge against the registry.

Andy 12:54
Yeah. Anything else before we move on to I don’t know if I want to call it the featured event, but we can call it that for a minute. Oh, sure.

Larry 13:01
Let’s move on to I like this one.

Andy 13:04
All right. Well, let’s let’s cover the back one first, that just we can briefly touch on what happened in Spalding County, Georgia. This is I think, related to the Halloween signs.

Larry 13:14
This is there were two lawsuits filed last September 2019. early October, I think it’s like late September, simultaneously, one was filed against buts one misspelled again, filed against spalling and their adjoining counties who happen to be two different judicial districts. The Spalding county officials decided to settle and the attorney Mark euro check the lead attorney on the case will be in the narshall live. Oh, what do we call that legal? litigation? That’s

Andy 13:48
litigation speaking what at 7pm? Next Thursday, and that’s Eastern time.

Larry 13:52
And he will be in a position to give you far more information than I can I know that there’s been a settlement. I know that there was some attorneys fees a part of the settlement. And I know that there was a stipulation in terms of prohibition going forward. And I don’t know anything beyond that if it’s a permanent injunction against the office or against this year. But that’s the great kind of questions you can ask Mr. yurchak.

Andy 14:16
Excellent. Cool. So I mean, that I mean, you know, so we lost in the butts county side, that seems to be very, very split, that we would settle on one side, and then we would be handed a defeat on the other side.

Larry 14:30
Well, and and we initially one we got the injunction in Bucks County, right. And 2019. And then when the case was decided by summary judgment, we lost and then there be appeal options. You can talk to Mr. Your check, and I’m sure he’ll be addressing those in the litigation summit. He’ll be talking about what they’re going to do in terms of appeal of that. But But yes, that case that case is not completely over.

Andy 14:54
Okay, interesting. Well, then, on Larry, I guess I first want to preface by saying that I don’t really ever want this podcast to be about me, because it is about trying to make things better for all of you people out there. And but as coincidence, our irony would have it. This episode has a significant amount that goes to me because I petitioned the court to terminate my sentence. And it was about a two month long process. And I went to court on Thursday, and I was victorious. And I, as soon as the judge will sign the paperwork in the next couple days, I will have the rest of my, my sentence terminated, which is like seven years.

Larry 15:34
Well, seven years, getting all seven years early is fantastic. And that is something that happens across the country where people can be pre release pre termination date on on being compliant. And my recommendation is usually by recommendation, or at least a tacit non opposition to the petition. So So did you did you have a recommendation? Or did you have a non opposition? What was the what was the DA position on this or your liberties position?

Andy 16:04
I think you use the word at some point along the way you said it was they just they tacitly? They didn’t come? They came with just Well, here’s what happened. The case was so old, nobody here in the office was even here, when this happened. They did not bring forth any level of resistance, but they were just they’re putting up some sort of like fake opposition to it. I guess you don’t want to say fake, but they were not in any level of serious opposition to it.

Larry 16:30
And the and the probation officer, they generally hear from the pure probation officer, what did your probation officers tell the court?

Andy 16:37
They the so I guess my attorney had said, you know, off, my officer was there and, and she could speak for itself. But he said, I don’t think she has an opposition. And then the judge asked for her statement testimony, there was no oath or sign swearing, or anything like that. But he asked her what she thought and she just said, he’s been completely compliant, never gives us any problems, he follows the rules. And even like, they’ll give me travel permits, and I’m one of the only ones that will like, tell them I’m back when I do get back. Some people get a travel permit and never come back, I guess, is what she said. And that I was just hyper compliant, and they don’t have any issues with me, and they did not oppose having this action go forward.

Larry 17:21
So Well, that would be a lesson for people to try to do your best to be compliant. And, and it may seem like some of the requirements like call in and let us know when you’re back and go by and check in with local people, when you when you’re given a travel permit to do all those things. And you’ve done those religious they correct? Hmm. Always. And, and, and then in terms of finding an attorney, people are gonna want to know, how you how you identified attorney, I guess I would question that the disk attorney come recommended to you or did you just go out and start flipping through the virtual Yellow Pages? Did you did you get a recommendation for this attorney?

Andy 18:02
It was definitely a recommendation. It was definitely recommendation. And I called the individual. And after some wrangling back and forth, I ended up in his office and speaking to him. And he agreed to take the case, obviously.

Larry 18:16
So did you feel like he was honest with you in terms of what your chances were based on your type of conviction? And if that one of the factors that made you hire the attorney because of because I want to have a good feeling about who I’m working with? How did you feel in terms of what the attorney was telling you, when you said what you’re wanting to do?

Andy 18:35
I originally he was not in favor of it. But one of the first things that he did was even while I was in the office with him the first time was talk to the DA and tried to just gauge their feeling this was even before I laid any money down, he wanted to see what their level of opposition was. And then he got who my probation officer was. And after speaking with her, he agreed to go forward with it because she was not going to resist it either.

Larry 18:59
So now that that is taking the temperature of the DA that sounds familiar, like what I’ve been saying on this podcast the last three years does is

Andy 19:07
and I know it’s funny. So you know i i have a certain level of quote unquote, expertise now because I’m constantly every week listening to you give us all the tips and tricks of the trade. And you’ve said, I can’t me, Andy, I can’t call the DA and go, hey, how do you feel about me in this case, I need to have an attorney go do that. I told him that I said, I can’t do this, I need you to go do this.

Larry 19:31
So well. That would have been the first thing I would have told him told you but but when I assessed your odds, I would say Look, let me talk with the DHS office and see what they recollected by your case and how they feel about you and how what a battle This is going to be or whether it’s going to have a reasonable chance. That would be what, what I would say that if I don’t care if I can’t do that. I can’t realistically tell you what your chances are. If they still hate you as much as I did at the time that conviction happened and if the person is still political Connected if they originally were, if you were high profile, they’re going to come after you. And you need to know that you need to be told as the person look, this case was high profile back in 2006. They haven’t forgotten that the family still here, the community, they’re still well connected. And they are going to come in, and they’re going to go after you again, because they don’t even think you should be able to this very day. You need to know that. Right. And I tell people that you need to know what the day’s office is going to have. What have to say about you.

Andy 20:33
I did find it interesting that the DA brought up who the prosecuting a DA was the assistant district attorney at the time, and he was going gangbusters. And if you came up on the radar, he was going to just nail you to the wall as hard as he could. And they brought that up. And I’m not, I’m not sure. Just my feeling of the individual was that he was just going after everybody just guns blazing for whatever it was. And that seemed to almost be like, oh, that guy.

Larry 21:05
It’s got some, we’ve got some prosecutors like that. That, that it doesn’t matter who it is. That’s just, that’s just their method of operation.

Andy 21:16
But another thing that I wanted to bring up was the former governor of Georgia was mentioned by the judge. As far as that he was very big, the guy was named Nathan Deal. And so that was the former governor, and he was very pro, figuring out how to get fewer people in prison and get some of them out sooner. And he referenced that along the way. That that was his sort of mantra. That was his theory that people can be rehabilitated and give them a second chance. And he referenced that. And I think that had a some level of decent influence on whether he granted this motion or not.

Larry 21:54
And I don’t want to take this off into political direction. But I just want to put forth observation that Nathan Deal is a Republican. Now, he he led the charge to criminal justice reform. You’ve been in Georgia for a number of years and there’s a currently a different administration. Have you heard? Have you heard any Democrat, vilifying governor Diehl for his leadership on criminal justice, or have you heard any vilification saying he’s turned loose a tidal wave of crime on Georgia? That he’s letting the thugs and the rapist and the pillagers in the plunder is out of prison? Have you heard anybody do that?

Andy 22:37
To be fair, I don’t follow a lot that I would have. But no, I have not. But I haven’t. You know, I just I’m not in a space that I would have heard it, but I certainly have not.

Larry 22:46
Well, my point is they don’t do that. Yeah, that’s that’s what that’s what happens the other way around. You know, we have we’ll hear a couple weeks ago saying that maybe a month ago saying that, that the democratic house slowed down some consideration on criminal justice reform before the election. I said they did because they didn’t want to be vilified in the election cycle. And, but but you you don’t have the same vilification of that issue. Now, to be fair, you do get vilified as republican for other things. That just doesn’t happen to be one of them. So, you don’t if anybody has a house, a Democrat, vilifying a Republican, for criminal justice reform, please send it to me, and we’ll put it on the podcast and we’ll be just as critical of that democrat as we are of anyone else who does that.

Andy 23:41
I also want to point out the level of stress so I have a Fitbit and I’m kind of like you know i watch it fairly regularly and it’ll pop up on the screen here in a second that during the morning hours so from you know, the time I woke up whatever till noon, you can see that my heart rate was at a pretty smallish level, you know, some some kind of normal 6070 kind of heart rate. And then CT was around two o’clock and then my heart rate spikes. It goes through the flippin roof. Larry, I was stressed out in court, I was sitting that I was having to like, consciously go. I was trying so hard. Like it was incredibly stressful for me to go in here.

Larry 24:26
I can see that.

Andy 24:27
It was brutal. It was uncomfortable as all good. I’m watching them leading up to my hearing of them bringing people in there and charging them and sentenced to 15 years for stealing some meth or something, some pills from somebody at a hotel room. And like, I am stressed out there’s bailiffs running around, there’s people with guns. I really thought that there was a thing in Georgia in the mid aughts of somebody like stealing the weapon from the officer and shooting a bunch of people in the in the courtroom and then I slowly saucer in there with the court with a gun.

Larry 25:02
Atlanta Fulton County,

Andy 25:03
yep. Okay. I was like, man, they’re not supposed to have guns in here. But sure enough they did now. Anything else, man before you want to go on like, I’m super happy, I couldn’t be happier. Oh, let me let me cover the one other thing is, I’m probably going to get removed from the registry too, that that was a part of the deal was what I heard the attorney do is like, if I can do this, I would like to go after it, obviously. And he I needed to have one other little T cross. And I doubt it of being leveled in Georgia. And I haven’t been and that is required to get off the registry. But that was like presented in court. And I think it’s just a clerical thing at this point. And then I’ll be off the registry, too, which is amazing.

Larry 25:48
So yeah, I think that once you once you have a judicial request, which probably should ask Brent to clarify this. But once you have a judicial request for leveling, they managed to get it done. But but but there’s like 70% of the people in Georgia that have never been level through that risk assessment process they have.

Andy 26:05
Yeah. Which is in the statute that you will have, you will be level before you exit the the walls, you know, once you get out of prison, before you get out of prison, you’re supposed to be levels that’s in the code, which I find really funny. Y’all damn laws.

Larry 26:19
But you have to have funding to do these things. See, that’s the thing that people understand that when you’re when you’re trying to get funding to do certain things are not as popular. Can you imagine when you go to a civic group, and I tell you what I’m gonna do, you vote for me, I’m gonna make sure that we have ample money to evaluate and risk basically sex offenders before they leave prison. You’d have so many eggs thrown in your face, you’d never get out of that group alive. So I

Andy 26:46
can’t I can’t not ask you to do this. And how did they end up in that position? What do they do before they took the position?

Larry 26:53
What do you What are you getting out? Where they put their hand? Oh, that’s not the same thing. They’re

Andy 27:00
they’ve been asking for it in chat. Are you gonna figure out?

Unknown Speaker 27:06
Oh,

Andy 27:07
by and that was also brought up. But the someone had said in the courtroom that, look, if he was anything of a threat, then he would have been leveled by him not being leveled, you could make the assumption that he doesn’t he had, you know, he’ll be a level one. And if I have the level one, then I’m off of probation. And what I didn’t even realize Larry just didn’t click that. Since my probation, my sentence has been terminated, that I can go vote.

Larry 27:34
You can you’ve got an election coming up in January, and the books closed, usually about a month before that January date. So you need to register by early December.

Andy 27:43
will get that done? I will get that done. It is roughly about time for us to move on to the first question then I suppose. Are we ready for that?

Larry 27:54
Let’s do it. This one’s from Bob Bernard.

Andy 27:58
Bernard says, and I’m not gonna read the whole thing. So this is just a little highlighted section on another issue. In Episode 150. Larry addressed a question from an inmate about purchasing a home prior to his release. While I understand and appreciate Larry’s stance where he does not recommend buying a home prior to release in fear of a community creating something to make the residents non compliant. Does this hold true if looking to secure rural property with acreage attached? Plus the first part of the listeners question was not addressed at what point is an address one’s residence is that when you purchase the home or where you sleep there, this could be important if trying to be low, Kate.

Larry 28:39
Well, Bernard, and thank you for your letter and for your support of the podcast. And we we are happy that we resolved all the distribution issues with the with the institution there. But hopefully I didn’t didn’t communicate that the way it came across the the issue of a residence of someone buying and acquiring when in advance. If you had acreage attached, clearly the more acreage you have attached, the more buffer you can put between that residence and anything that would constitute an exclusion so so that would that would increase the odds of that residence being approved. But we’re I think, but art school with a question is it seems to suggest that there’s some entitlement to return to a residence or a because he says At what point does this come become one’s residence is if somehow that entitles you can live in that residence while you’re being punished. It does not entitle you to live there. People have lived in places 2030 years and they plead out to a crime. And they don’t have the best of representation who understands that like say an attorney doesn’t do very many of these cases related to sexual offences and they don’t know all the supervision, prohibitions that are built in for supervised offender. And they don’t know that the minute they walk that client over the probation, they go and tell they’re going Tell them you’ve got 48 hours, you’ve got a week to find another place. So so there’s no inherent right to live in a particular residence while you’re under supervision, it’s going to vary from supervising authority to supervising authority, and what their policies are. In this state, for example, it’s 1000 feet from a school Park playground, and then any place where children congregate, which is very, very vague. They could be they could construe that to be anything and then they don’t say how they measured 1000 feet is it is that a measurement as the crow flies from the property? outermost boundary, to the property outermost boundary? Or is it 1000 feet as the crow flies from the deer structure that anybody occupies on the property? They don’t, they don’t go into all that. So so it’s very risky for you to acquire any real estate, with the intention of living at it, because you cannot assert a right to live in that property while you’re under supervision. And that’s what I was trying to communicate. Right?

Andy 31:03
I understand that. And actually, someone reached out to me on Twitter and I suggested that I realtor for them to work with. That sounds like a kind of neat idea is that you go by, pick a number, let’s just say it’s 10 acres, and you segment that 10 acres so that you can put your property in the middle of it and then sequester that to be its own property, and then you own the surrounding property so that you can fit the 1000 foot zones. And then I don’t know that anybody could do anything to you if you own that extra property out there.

Larry 31:33
Well, that is that is true. And then where I think that I can sharpen a little further, there’s registration prohibitions, in addition to supervision. example would be Georgia, it depending on when your crime occurred, there’s an increasing amount of restrictions on where you can live in Georgia. And if if you can show for example, that you own the property that your name was on the deed, you can you can assert your right to live there as far as not being prohibited by the registry, because you had an that may be where he’s trying to go with At what point is that a person’s residence? Well, in Georgia, it would be that if you could show that you had a deeded interest in that property. It’s prior to the prohibition kicking in. So you may have been away from the property, but they would still let you live there. As far as the way I understand it in Georgia, but that is not the same thing as applying to supervision is what conditions, they can tell you. We don’t care if you’ve done this for 35 years, we’re not gonna let you live here. There was a daycare right across the street, but the 25 feet of you, we’re not going to let you live here, you’ve got a week to leave. And I’ve actually seen a case where they gave a person a few hours to leave not even a week.

Andy 32:47
Paul says in Wyoming, it’s from the edge of the school property to your front door. I had always heard that it was like to from property line to property line, which could be better or worse, if they’re going to your front door, that could be better or worse, we’ll

Larry 33:01
think of a better battery, I think you’d be better if they define how to measure as your door if that’s defined, that would give you a more of a buffer because, you know, if they do our property you may have if you have a long contiguous piece of property that it may it may screw you because of the configuration. I say do it for boundary to boundary. Okay.

Andy 33:23
And then we’re going to move on to a question from Jason. And I have to sign the question from Jason. That Jason that’s Jason, how much of this you want me to read? The whole thing?

Larry 33:36
Oh, Jason, question number two. Oh, no, not the whole thing.

Unknown Speaker 33:41
Splott

Larry 33:41
I, I really don’t don’t like to read because I’m such a horrible reader. But But what he’s trying to the essence of his question is that he’s not permitted to launder within 500 feet have any real property, surprising any public park or playground equipment or a public swimming pool. And he cites the Missouri statute that applies that he says that, that he doesn’t understand why he’s taxed to pay for these things that he’s not allowed to use. He says 68% of his 2019 property taxes went to support the local school district. And so I pay

Andy 34:21
federal taxes. So I should be able to go knock on the Pentagon’s door and go inside and say hi, I pay for this. Can I have a tour?

Larry 34:28
I don’t think it works that way. But on a serious note, I share his frustration JSON I share that completely. The The fact of the matter is the litigation has not been successful. Adele, Nicholas and Mark Weinberg has have done litigation on this in Illinois. And it has not been successful. And I’m not saying it can’t be successful, but we’ve got to figure out how to succeed in this litigation because it’s not only prohibiting you from going as the convicted person, but for the practical reality as it’s prohibited your family because you have to disassociate from your family, to be able to use these facilities that you’re paying for. And, and I don’t like that, that the litigation hasn’t been successful. And I think that we’ll eventually figure out how to perfect the complaint, and put forth a cogent argument in the right venue, with the right plaintiff. And I think that we’re going to eventually gain some traction on this. But it’s, it’s really, really sad that you can’t take your kid to the park, you can’t. But look, you can’t take your kid to the school play. You can’t be in the audience. You can’t go to the PTA meetings or whatever they call those meetings these days that people used to call PTA they still call it PT. As a matter of fact,

Andy 35:49
you would have to translate just like I say, DMV, and you say MVA and whatnot. I think PTA is is kind of local,

Larry 35:56
you know, parent, Teacher Association, or whatever it stood for, but you can’t participate. You can’t go to athletic events. It’s it. This is all a part of the debilitation of the registry, the disabilities are restraints that did not exist in 2003. And the early segment, we were talking about that there was no such restriction back in 2003. Very few restrictions existed at the time, and certainly not in the state of Alaska. This is wide open as it is that there’s so much open space, you could do anything you want to in Alaska, nobody will know you’re doing it.

Unknown Speaker 36:32
Because your nearest neighbor is seven miles 15 miles away.

Larry 36:35
If you’re not in Fairfax, or Anchorage, you don’t have anyone anywhere near you.

Andy 36:40
My parents live on an island in Alaska, there’s 15,000 people on the island, and most of it is a Native American reservation.

Larry 36:47
So yeah, well, I’ve actually never visited but there’s a lot of open space. I mean, they have a difficulty moving, moving commerce around it, particularly with the frigid or horrible winters. And, and they they have to it’s very expensive to live or do business in Alaska.

Andy 37:04
Yeah, gas is significantly more expensive out there, even though they have the big pipeline, at least where my parents are. Then the next question what,

Larry 37:13
but they do get that big permanent fund distribution that the state pays out as a royalty.

Andy 37:19
Yep. And when they move there forever, 1000 years ago, it was around 1000 bucks. The last number I knew was two grand. I don’t know what it is these days.

Larry 37:27
So and then I want to apologize to Jason that I think that question had pondered around for a while. Until we started doing these on the podcast. We just got so many for the legal corner. We couldn’t answer the ball. But the playthrough now goes up because we’re doing we’re doing questions all the podcasts at least two, maybe three or four a week depending on how many good ones we find that we like.

Andy 37:49
Guess we could actually like run out and then we’ll just sit here and twiddle our thumbs and breathe at each other.

Larry 37:55
I don’t think we’re gonna run out people as they hear the answers to questions. Like for example, one question from from Barnard club said, Hey, sharpening the answer, and drilling down on an answer we’ve given previously, so I don’t think we’re ever run out of questions.

Andy 38:08
Probably not I was being silly. Ready to be a part of registry matters, get linkset registry matters.co. If you need to be all discreet about it, contact them by email registry matters cast@gmail.com. You can call or text a ransom message to 74722744771 a support registry matters on a monthly basis, I head to patreon.com slash registry matters. Not ready to become a patron. Give a five star review at Apple podcasts or Stitcher or tell your buddies that your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting. without you. We can’t succeed. You make it possible. Let’s move over to one from Dan ematic. Dan says to whom it may concern for pretty sure that Stan says my special conditions of supervised release states the defendant will abide by all rules of the minor protection and restriction program of the US pre trial services and probation. That’s a mouthful, Larry, I don’t recall this being mentioned during sentencing. These rules were never read at sentence. And they are not defined in my judgment and commitment. I contacted the probation office and they sent me the current list of rules. But of course it says they are subject to change at any time. Many of the rules have nothing to do with sexual offenses. Some examples are I can’t consume alcohol at all. I shall not enter stablishment and sell alcohol. My crime had nothing to do with alcohol. Is this legal? if so how can they subject me to conditions that were not explicitly outlined during sentencing and are left wide open to change at any time? Do you have any recommendations on what I should do? Thanks you sincerely? What do you think? So how is it that they can just willy nilly change all these things on the fly without, without any recourse without any notification, like all of a sudden, it just makes it hell on earth tougher?

Larry 40:18
Well, what he’s describing are referred to as standard conditions on supervision. And very few people, very few courts go through the standard, the standard normal conditions, they’ll just say, the person will have a period of five years probation subject to the standard conditions that the following special conditions so that the court will go through the special conditions that are opposing that are addition to the standard conditions. So what he’s talking about, those are standard conditions that the probation service of the US government have developed, that they think are prudent. I don’t agree with them. I agree with Dan about like, for the alcohol, since it’s a legal product, it seems it seems quite a stretch to tell people that they can’t do it. But remember, again, you’re being supervised for a criminal act, and the full plethora of rights that you enjoy normally can be restricted. So the courts tend to defer to the agency that has expertise in supervising offenders, very few people report directly to the judge to monitor their probation. I mean, can you think of any that judges are actively supervising offenders themselves?

Andy 41:33
I don’t imagine maybe in a super teeny, small county where the judge is also the coroner and the me and then also probation, maybe there.

Larry 41:40
But but that would be an anomaly I’ve never seen in my life. But but so. So wait, we’ve we’ve got these agencies that are charged with developing supervision models that work and they do it based on statistical numbers of what tends to derail success. And I think you’d have to admit that a probation service would have to deal with what the complications of alcohol are of what happens when people use alcohol. Statistically, everyone who uses alcohol is not gonna have a problem. But I think that within within the zone of what they do, they can show a correlation between alcohol use and failure to be a success on your job, failure to be responsible. And certainly, certainly, it can cause people to do very weird things that domestic violence, love that that love that stuff would never happen if the person was consuming alcohol, likely. So. But his point is beyond that. His point is, why don’t they wait until that is a problem and impose that condition on me? That’s what he’s indirectly asking. Okay, I can’t I can’t find any logic fault with that logic. It makes sense. And like, why do they Why do they paint everybody with that same brush with all those standard conditions, particularly on legal legal things? I would make the same comparison with adult theater entertainment. It could be that your offense had, we’re talking about sexual offenses, that could be that your particular sexual offense had nothing to do with adult entertainment. I mean, you you but all of a sudden, when you’re being supervised, you’re not allowed to have any provocative material. And they take it out beyond just the what’s clearly adult magazines that you’ve made to be over 18 to purchase. They

Andy 43:31
are legal for you to have.

Larry 43:32
Yeah, for sure. Legal, but they take it out to the to the swimsuit edition of Sports Illustrated, you’ll get paid for that. Yeah. But that’s, that’s provocative. Really.

Andy 43:43
I bet you we could get like our local therapist person to concur that, in that particular case, at least, if you had it, maybe you’re getting some this kind of going off a little bit, but you could get some kind of satisfaction so that maybe you don’t have to go find it somewhere else. Maybe you would be a better person at home, handling your business on your own.

Unknown Speaker 44:03
So

Unknown Speaker 44:05
I don’t don’t like I want to go there.

Unknown Speaker 44:09
I didn’t think you would.

Larry 44:12
But in terms of the rest of this question that they were not explicitly explained it outline, that is a legitimate concern, because very few attorneys do what should have been done? We do it. Ashley does it. We pull off of the website, what the what the supervision model looks like for people who have a sexual offense that they’re going to be in the sex offender supervision regime, we pull those conditions off, we pull off what they call the behavioral contract, and we tell them, this is what you’re going to be up against. If you do not believe you can comply with these conditions. You may as well go to trial. Because if you don’t comply with these, they’re going to be able to send you to prison a whole lot easier. So you need to make them work for the for sending you to prison because these things are taken seriously. They will violate you for these things. This is what they’re going to put on you. And although we disagree with some of them, we think some of unconstitutional, we have not been able to prevail on most of our challenges. So therefore, this is what they’re going to tell you. I think it’s really, really, significantly an imposition on persons constitutional rights, even with the diminished constitutional rights. If you can’t look at anything that’s illegal magazine, because they deem that is provocative. Right?

Andy 45:24
And then there’s the one in Georgia that we’ve talked about recently, have I You shall never drive alone, especially we’re children and into congregates. Where did something How are you like never to drive alone? This isn’t some major city where you have public transportation, you should never drive alone. If you live out in the boonies, which is kind of like the only place many of our people can live. How in the flip, are you supposed to move about get to work, get to your handlers office, etc. If you can’t drive alone?

Larry 45:51
Well, that one needs to be challenged as being facially valid. Now that rather than than a person just going and trying to get it relieved, they need to follow challenge saying that that’s facially you can’t have a constitution, that that can’t be constitutional, that you could tell a person to never drive alone, that you could tell a person under certain circumstances like that, I might conceive of some where the person wouldn’t be allowed to drive a little bit as a blanket condition though. You can’t do that.

Andy 46:16
Yeah, if somebody was like constantly picking up hitchhikers and doing whatever goes on next for them to end up in trouble that Yeah, you should not drive alone. That seems legit. So anything else with Dan before we move on to Adam?

Larry 46:33
I hope that helps, Dan. Thank you, Dan.

Andy 46:37
And it says, Dear Andy, I’m about to complete this almost like a like a one of those a nighttime love programs. Dear Andy, I’m about to complete the paralegal studies program through Blackstone career Institute. I recently wrote Nala National Association of legal assistants and got a form letter back from them stating that while on court supervision, you cannot sit for the certified paralegal exam. Can and so a PFR. become a certified paralegal through Nala, what options would be open for someone that obtains a paralegal certification as a PFR? How can a PFR make a career in the fields of advocacy, lobbying and or politics? Sincerely, Adam? Larry, I am under the opinion that if you have a marketable, I’m trying to think of the right way, the most effective way to word that but marketable skill set that an employer is something that is in demand, you know, particularly by an employer, and then one that is, at least not hostile, but friendly to people with some kind of conviction, that you will be able to get a job doing that kind of work. But I don’t see, I don’t see why nallah would have any kind of prohibition on them sitting for an exam to become a paralegal. Why would that be

Larry 48:06
I don’t know anything about the I don’t know anything about the National Association of legal systems. So therefore, I don’t, I can’t speak for them and their policy, but I can tell you this, that if you possess the skills that most of these paralegal certificates really don’t train you to what, what you really need to know. They, they train you in terms of how to set up a pleading. They train, they train you and what pleadings are, what the names of them, the bar, they train you, they train you in terms of what the margins are supposed to look like, and how you’re supposed to find the rules for what font size and all those things are important. The plate is supposed to be in conformity with the courts requirements. And those are good skills to have. But they don’t they don’t teach you how to compose a pleading in terms of what to put in it. And if you possess the skills to do the research and writing, and you don’t want to work for a big firm, because some of the firms, you know, we have some good sized law firms here in my town, and we they won’t hire people with criminal convictions. They’re reluctant Yeah, for whatever the reasons are, that their their partners have, maybe it’s insurance, but but the smaller firms, you know, five or fewer attorneys, or the bulk of their practices in criminal defense. If you can do these things, you will get hired. And I can’t attest to what type of barriers probation may put up and work because no, no law firm is going to intrude, allow probation to intrude and come in and stop searching this computer. They they’re not going to tolerate that. If a probation says they have to have on fettered access to your computer. So they they’re not going to tell right that But but the opportunity for working in the legal profession, even without their certificate, which I can appreciate wanting, the opportunity is there, you’re going to need to demonstrate some knowledge and writing. And you’re going to need to demonstrate some knowledge and research. And, and then you’re going to have to knock on some doors and hopefully have some lucky breaks where you actually get in the door. And I don’t know how you get into virtual door now with a pandemic, but how you how you go about applying for jobs, but, but like in my state, we have the paralegal section of the of the state bar, and you would you would you would join, you would join that section, or you can become without a certificate all with seven years of an attorney supervision. They could qualify you as a paralegal without without you having to sit for anything, you know, I believe it’s seven years I’ve been doing it for so long, I’ve been thinking about that anymore. But but there’s a period of time for for on the job training, kind of like what Tim told us in Vermont, you know, you can with with a certain amount of working in doing substantive law work, they’ll let you sit for the bar exam and robot without going to law school. But what having without having a law school degree, so many reasons to move to Vermont. Paul, just as much a liberal pointy heads up there, if you ask me.

Andy 51:18
Um, I remember a particular person in Kentucky that had finished his law degree and had to run around and run around and run around trying to get to sit for the bar exam. And he recently did maybe in the last year, but they fought him kind of tooth and nail in letting him sit for the bar exam. This is a common practice.

Larry 51:38
I do remember that in terms of in terms of the advocacy, lobbying and politics, that’s going to be state specific in terms of where you can run for public office, some states will allow you to some won’t. And lobbying, again, gonna be state specific, some will require you to register and you’ll fill out a registered lobbyist registration form. And that question will be on there if you have any, if you have any of that, but it’s not a universal thing. You may be able to be whether you’re a paid lobbyist, you can lobby on behalf of yourself and you don’t need anything other than you showing up. So you could you could advocate in the public policy arena without being officially registered lobbyist. Interesting.

Andy 52:22
I don’t know that we have. What was the comment from Brian on getting RM into prisons? I don’t see that anywhere. Can you cover that?

Larry 52:31
tell you but but yeah, Adam, thank you for your support, and really appreciate the clarity that he writes was you say how nice and clear and easy to read that letter is?

Andy 52:42
I do excellent. And there’s even little bullets towards the towards the bottom of it?

Larry 52:47
I mean, wouldn’t it be nice if they all came in that way? So some of them some of

Unknown Speaker 52:52
you may be asking for too much.

Larry 52:54
Some of them are so difficult to read. And I passed on one to Brenda here a few weeks a couple weeks ago when I said nobody alive can read this. And she wrote back after she read it and translated it. She says I guess I’m not alive. But she did read it. And so I don’t I don’t I guess I don’t possess those skills.

Andy 53:14
Okay, this is it looks like it’s gonna be fun there. This is from courthouse news. It says name change for transgender sex offender debated at Seventh Circuit. I got to agree, Larry, that if you try to change your name, that you have a First Amendment right, to express yourself however you wish. And if you want to be called whenever you want to be called whether you make up some crazy name, or you just make a modification or your name ever so slightly to change how the gender presents itself. That seems like that would be a fundamental first amendment right to me.

Unknown Speaker 53:45
You think so do you?

Andy 53:47
I do. That’s how I feel about it just at first glance.

Larry 53:52
So Well, why don’t we take a look at that incision. It’s called the cribs order.

Unknown Speaker 53:57
Got it.

Larry 53:58
So so on page two, the facts of the case are largely just undisputed. And the parties have thought cross motions for summary judgment. Oh, God, we’re

Andy 54:10
back to that.

Larry 54:12
asking the court to decide the legal questions of whether or how the name change statute may violate the plaintiffs constitutional rights. So we were doing a summary judgment, so we didn’t do a trial. And then if you flip down to page three, plaintiff forgets, who bears the burden of proof and persuasion on her claim, it is she not defended who must establish that regulating a person’s name implicates the First Amendment and that they cite the circuit precedent from 2004 doe versus city of Lafayette. And so that appears to be the first thing and and and then when you go down to page four, the court must therefore fly that plaintiff has not met her bird to demonstrate that a name change statue implicates her speech rights. Without this fan day felt validation plaintiff cannot present a viable first amendment claim at all, irrespective of the level of scrutiny that they were having the debate about what level there was whether it was strict scrutiny or, or intermediate scrutiny, or whether it was the most like standard of rational basis. But it says the court takes Well, the instruction from the Court of Appeals that it should not conduct a party’s legal research and invent arguments on the party’s behalf. If you guys have ever heard me say anything on this podcast is that the court is a neutral party. They’re not there to advocate for you. And so this is the court saying this case was not very well put together. Neither District Court nor this court are obligated to research and construct legal arguments for parties, especially when they’re represented by counsel.

Andy 55:54
All right, well, then can you pontificate for me if you thought that the case was put together? Well, do you think that this could be claimed?

Larry 56:02
I think he could. I think it could. And there was an amazing appellate brief that I didn’t read that that the same attorneys put forward. And they had oral argument. It’s a circuit court, and we’ll see how it comes out. But on page five, the final quote, little highlighted and plater term citizens cannot file lawsuits requesting a certain enact but be subject to rational basis review, without an allegation that the document has harmed them. So apparently, they weren’t convinced that they had been sufficient harm pled by by, by by this so so that what what I would like to see happen would be that that the Court of Appeals would, would remand it for further development. Let’s use summary judgment just a tad bit more sparingly. And let’s try to develop our cases. That’s what I keep saying that this is our biggest enemy is everybody moves for summary judgment.

Andy 56:55
I think I need you to do me a favor when to summary judgment a good thing? I don’t think you bring we brought examples of bad stuff,

Larry 57:04
when there’s absolutely nothing that needs to be developed factually. And that is the very rarely when there’s absolutely nothing that needs to be developed back factually. And, and in the case that this, the the court has, has not been has not been provided proof that there’s been any harm but not being able to change today. If the court wants to, to award it based on emotion, Well, clearly, if you’re if you’ve got a gender, if you’re being forced to, to, to use what is presumably a male name, and that’s not your gender. That would be perfect. But But I need to see the proof. Remember, the burden is on you, you’re making the allegation that the government is hurting you show me how that harm is occurring to you. Let have not been allowed to do?

Andy 58:00
Yeah, I’m thinking You, you, you being in public, you could say your name is whatever you want it to be. And you can even have business cards printed as whatever you want them to be. So you could hand out your name saying that your name is you know, somebody entirely different I could present myself as Larry, if I really wanted to, nobody would know the difference. But then you may end up with troubles with the whole PFR situation of now you’re known as aliases. And that might cause you grief, there might be even states that have statutes that say that you can’t present yourself as something other than your legal name.

Larry 58:35
I think there are, I think there are such statutes, but But again, if you’re going to try to tear down the people’s work, and to people united the statute of Wisconsin, if you’re going to try to tear down the people’s work, you bear the burden of showing that it’s not an emotional expedition, these judges are supposed to interpret the law. That’s what we want, right? We want them to interpret the law, not legislate from the bench. And what what we tend to want to ask judges to do is to legislate from bench because they can’t accomplish it’s gonna be very politically challenging to repeal this law that says you can’t do a name change. So therefore, since they can’t legislate this through the Wisconsin legislative process, they’re trying to go through the courts to do it, which is your last resort when you can’t win something through legislative process. But this court is saying, wait, we’re not the trial court said sorry, you did prove that you are and you didn’t prove that this implicates the First Amendment.

Andy 59:36
That sucks. They should try harder. Do it again. Do it again.

Larry 59:41
Well, I think that if looking and remember, we have hindsight now. It’s the time you file the motion for summary judgment. You you believe that that you did you don’t have any facts in dispute. But in hindsight, we can sit here and say, Well, apparently there was enough proof offered as to how this person’s paid hard by forcing by being forced to To username. That’s not that who they are now. Try to be politically sensitive. But, but but that harm has to be proven.

Andy 1:00:15
Very well. And then getting close to the end here. Police unions are losing the war on criminal justice reform. This is from the appeal. Law enforcement organizations have long treated mass incarceration as a job creation program in 2020, the tide began turning against them. What do you have for us here from the appeal, Larry,

Larry 1:00:35
I thought it was a good read. It goes into the to the particular in California, but the the law enforcement unions put an awful lot of money into public policy influencing public policy. And it’s amazing to me and boy, I’m gonna get hate mail for this. It’s amazing to be that, that most conservatively individuals despise unions, but they amazingly love law enforcement unions. And I would like for them to explain to me the difference. The law enforcement union does the same thing that our private sector union does, whether it be the airline pilots Association, that that lobbies for, for better working conditions, better compensation, better health insurance, better flight employment rules, all this stuff that they lobby for. That’s exactly what a police union does. They try to get the maximum amount of leave they can is is shorter retirement they can’t the best salaries they can the best equipment that they can for their members. They do all the same things. And somehow and other we hate the private sector unions, but we love the police. You just but that’s a pontification the other day, they they put a whole lot of money the police do into trying to prop up the criminal industrial complex. And they show that in the article, it’s it’s 10s of billions of dollars that we’re talking about the small amount of money. One recent study found that law enforcement groups have spent about $87 billion dollars in local and state elections over the last 20 years. I mean, that’s not chump change. And and including almost 65 billion now Los Angeles alone. At the federal level, the recent campaign contributions a lobbying expenditures approach $50 billion, according to The Guardian. But on election day in 2020, California voters deliver police unions a series of resolving defeats, even though they use all the scare tactics that they do about how that that the tidal wave of crime is coming. They they did work this time, and that’s the essence of this article is that perhaps maybe the people are wising up. And they’re saying through this, the police don’t always tell you the truth. I’m sorry to burst your bubble, but they scare you a lot with stuff that they tried to undo the 20 that the voter approved 2014. They tried to undo that with a with a proposition 20 that would have reclassified several misdemeanor offenses as felonies. And the voter saw through that, and they voted. No, they didn’t vote with the police. So but that that, that that’s the main reason I put that in there is that the people that you admire the most, they are doing the the the significant amount of the heavy lifting to keep you for achieving what you say you want, which is criminal justice reform. Yeah, I

Andy 1:03:35
just I can’t see how them being unionized. I could see them lobbying and trying to get more pay and more benefits. I can totally see, you know, that being in their interest. I don’t know that, that all of their interests are being mirrored with what we need for better public safety, though. I don’t know that those two things coincide.

Larry 1:03:57
Well, it, it it’s it’s about preserving the status quo. As I was telling you as crime is crime, as crime has declined, if we were cutting back on law enforcement commensurate with that decline, we would have far fewer police than we had 25 years ago. Yeah, but yeah, but how many how many cities? Do you know that how for for fewer police in the head 25

Andy 1:04:19
years ago? I bet that all we do have is more

Larry 1:04:23
is well, there’ll be some cities where it’s been arts has been relatively flat. But we’ve been trying to increase we’ve got some magic number they’re trying to get to I think it’s like 1300 or something but but they have that. But that that’s the police are not ever going to be not likely shouldn’t say ever. They’re not likely to going to be with us on reforming because they make their living off of arresting people and showing up in court and testifying. And if you tear that system down, there’s need for fewer of them. I mean, duh, nobody wants to eliminate their job.

Andy 1:05:01
We have a couple articles over at the How do you refer to it Larry the the Washington What?

Larry 1:05:08
That would be the Washington compost.

Andy 1:05:10
Okay, so she is a former addict and prisoner she was just elected to the State House in Washington. That’s pretty fun. I think I heard about this one. winning an election was the furthest thing from Tara Simmons mind in 2013, when she was working at a BK worried about how she was going to pay her rent. She had recently been released after a 30 month prison sentence for drug and theft convictions. Now she is a state level representative in the house in Washington State. Well, that’s kind of neat. That sounds like an inspiring story for people that are tangentially related to us.

Larry 1:05:40
But that said, I’m one of those liberal left wing leaning states. And we can’t have that kind of thing across this country. lefties putting people that have that kind of conviction, that’s that’s, can you imagine somebody? I mean, what what are they gonna think of next?

Andy 1:05:59
We probably shouldn’t stick around here long before you before you run off all of our listeners for you and your lefty ways, right?

Larry 1:06:04
Well, that’s a bunch of left. I mean, everybody knows that the West Coast is as much a leftist.

Andy 1:06:11
No, they call it the left coast for a reason. Right?

Larry 1:06:13
That’s right. So that I mean, everybody knows that there’s not about lawlessness and defining the police and that there’s nothing but crime and you the minute you set foot in Washington, you’re in grave danger of being attacked.

Andy 1:06:28
And then another article that you put in here, voters made clear the war on drugs isn’t working. I don’t know that how many people do you think actually would say the war on drugs is actually effective and working? I haven’t heard anybody say that it’s working, though. Well, I wouldn’t say that anybody’s necessarily trying to stop it. But I don’t know that anybody says it’s working.

Larry 1:06:44
That was the reason I put it, even despite that we have as a society recognize that the world drugs has been largely a failure. It’s difficult to define that world drugs. And I put it in only for the comparison of what we’re trying to get is some some defunding of the effort that they do on registering folks and all the money they’re spending on that, on that process, and monitoring and tracking and doing what they do. If we can’t be fun, the war on drugs was up with the recognition that we have about how unsuccessful it’s been. Just be aware that we have a struggle. That’s the only comparison that I that I was trying to make sure. Everybody knows the war on drugs has been a failure.

Andy 1:07:29
And that was what like five states voted to legalize recreational so New Jersey, Arizona, South Dakota and Montana voted to legalize recreational use and Mississippi voted to legalize medicinal I, they’re pretty close to last on that one. I almost legalized for medicinal, almost nationwide. So Mississippi good job at being blessed again.

Larry 1:07:49
Well, they typically run last and many measurements. But it’s a step. It’s a step in the right direction when you can take a state like that. And they I mean, the next the next I mean, we all we have as medicinal in my state. I mean, we think we’ve got a good shot at it moving further this year. Because we’ve got here’s the factors in play. We’ve got a more liberal legislature than elected. We’ve got a governor who’s already announced that she’s receptive to it. Our previous governor Martinez said it absolutely no way was she ever signed anything so so that was a doubt no matter how liberal the legislature was, it was going to happen. So we’ve got the ingredients. And we’ve also got one final ingredient. And that is the need for money, the the cratering of revenues, our revenues was a significant amount of its energy which the energy sector has been down. And, and the the broad economy is down because of the high unemployment. So we’re down on sales taxes, we’re down, we’re down every component of every revenue stream. So this is going to be a tempting, tempting thing to do. So it may happen for us, but right now we’re just medicinal.

Andy 1:08:56
Cool. We did get a couple new patrons this week, and I want to send out many many, many, many, many thanks to Kevin and Andreas. Andreas joined as soon as we started recording this evening, and I thank you both very much for joining the Patreon crew of pfrs Thanks all very much.

Larry 1:09:14
Well, that’s

Andy 1:09:16
anything else

Larry 1:09:17
we picked up two and a week. We’re gonna make we’re gonna we’re gonna make that hundred by the end of the year.

Andy 1:09:23
We very well might. Um, that’s all I got Larry, I if you have anything else you want to make any announcement plug anything before we head out.

Larry 1:09:32
I want to I want to plug the the transcripts we are getting more and more inquiries from prisons and and people people are finding exciting that they can hear here but they can read what we talk about. And so if you want a transcript, all you have to do is write and we’ll send you a sample and someone can become a patron on the outside. It 15 a month or more And it’s automatic. If they tell us it comes with the as one of the perks of being a patron, and if you can subscribe directly. And our goal in 2021 is to actually bring that price down. We’re working on on a on a 501 c three, creation. And if the IRS accepts that designate grants and set designation did we feel like the contributions will actually improve at our goal will be to cut that at least in half? Or even probably do something similar? Like they do the norrisville newsletter and make it where people that are eligible have to pay? No, so so exciting things coming in? 2021? Hopefully,

Andy 1:10:40
awesome. Fantastic. Yeah. So join on Patreon at $15 a month, and then you shoot me a text email, something like that, shoot me the address of the person that if you want one, if you want one set into prison, then we will get that added to the roster of the hundreds of people that are receiving those in prison already.

Larry 1:11:01
I hope it gets to that level.

Unknown Speaker 1:11:03
Well, how does being how do we?

Larry 1:11:04
How do people contact us if they have any questions or comments?

Andy 1:11:08
smoke signals are best I think, find a hut and start a little fire and you can start sending smoke signals. That’s really the best way I found.

Larry 1:11:17
Okay, and if we don’t do that, then what do I do?

Andy 1:11:22
browse your way over to registry matters. a.co. How do people find us on a telephone caller?

Larry 1:11:30
Well, that phone has quit ringing. But if you were so inclined to call it would be 747-227-4477.

Andy 1:11:43
Excellent. And then we also have an email address that is registry matters. cast@gmail.com. And lastly, Larry, the best way our favorite way for people to support the program is to do what?

Larry 1:11:56
Go to patreon.com slash registered matters and give us your 2020 tax refund in its entirety.

Andy 1:12:07
You want to mess later. Yeah, I mean, people just filed it actually was what the middle of October, very late this year.

Larry 1:12:13
But though, Ah, well, I was thinking about this this year, which hasn’t ended yet but we’re genuinely targeting getting their w two is they can they can file their 2020. But there might even be another stimulus. We don’t know yet. But it could be and then you could just promise this

Andy 1:12:30
one like three months ago, man, you said it was gonna happen. I was like I already spent the money.

Larry 1:12:35
Yeah. Unfortunately didn’t happen. And now that we have different political makeup, it may not happen at that level. No. I’ll explain while the next podcast if you want me

Andy 1:12:46
to. We may have to do an extra for that one. Larry, I hope you have a splendid night and weekend and we will we will recoup and do this again next weekend.

Unknown Speaker 1:12:57
Sounds fantastic. And that is why I am Yeah.

Andy 1:13:04
Awesome. Have a great night. I’ll talk to you soon.

Unknown Speaker 1:13:12
You’ve been listening to F YP


Transcript of RM152: Can They Interfere With Where I Choose To Live?

Listen to RM152: Can They Interfere With Where I Choose To Live?

Andy 00:00
registry matters as an independent production. The opinions and ideas here are that of the hosts and do not reflect the opinions of any other organization. If you have a problem with these thoughts fyp recording live from fyp Studios, east and west, transmitted across the internet. This is Episode 152 of registry matters. Larry yet another Saturday night, we’ve made it another week after a week of turmoil and we’re not going to talk about politics. But this has been a pretty crazy week.

Larry 00:28
It definitely has an episode 152 we’re getting very close to my age.

Andy 00:34
We are for sure, can you can you tell us what that number is?

Larry 00:40
We just got another 20 or so episodes to go.

Andy 00:44
I think we’re gonna probably remain at 20 or so episodes to go for,

Unknown Speaker 00:48
for forever.

Andy 00:54
Well, we have an exciting show covered. We have some questions from listeners, we have a voicemail that we’re not going to play from Super patriot mic, and then a whole menagerie of articles that are going to run the whole gamut. We have a featured picture from the nozzle social media site, and then a couple things to wrap the show up. Are you ready to get things running there?

Larry 01:17
Let’s roll this train as one of our county commissioners used to say here.

Andy 01:23
Okay, so we have a question from someone that I believe is in Arizona says my wife and I were co defendants of a sexual offense. She’s done her prison time and probation etc. As for me, I get out of Arizona state prison in 2026. With two lifetime and five year probation, can you clarify that one to see if two lifetime sentences I don’t understand that?

Larry 01:46
I’m not clear on it either. I’m assuming there was multiple counts, and then they read them more consecutive. That’s what I mean. Good card. Excuse me. That’s what I’m assuming from it.

Andy 01:55
Okay, only to find that the Maricopa County has hidden a hidden agenda of keeping my wife and I from having contact or to cohabitate. There were no such disclosure in either of our plea agreements, or we wouldn’t have entered into such a contract that would violate our maternity rights, matrimony rights. Due to this ordeal, we’ve lost our home and assets and don’t know what to do. My wife and I have been together for 15 years. And without her, I have no reason to leave prison. We are so heartbroken and don’t know what to do sincerely. That is pretty awful. Overall.

Larry 02:30
I had intended to answer this in the newsletter and it came in few months back. And I realized I never got it in the newsletter because the space and then I intended to answer on the podcast. And I don’t remember us ever answering it. We’ve we’ve talked about similar things, but I don’t remember doing this one. So if we did, please forgive us. The answer is we don’t have enough information to know. For sure this is one of those things where at first blush, the probation authorities would have great difficulty in and prohibiting them. I mean, we’re assuming that they were married based on 50 years that 50 years would predate the offense, and the conviction. So therefore, this is not like one of those where people fall in love in prison through some kind of one of those writer prisoner websites, and they fall in love. And they they, the authorities say you can’t have a relationship with that person. And this one, this one was a preexisting marriage. And therefore, in my opinion, which is not a legally binding opinion, in my opinion, they would be on much thinner ice to prevent them from getting back together once he is out. But having said that, that doesn’t mean that they can’t, because as you know, they can do anything until their stop. But there might be good reasons for them to do it if they can, if they can specify, rather than just a generalized thing. We don’t let felons cohabitate because they’ll that wouldn’t apply here in my opinion, but if they can specify something unique to that offender, and how that it would not be in the interest of of community safety while he’s under supervision, that he’d be living with this person, because of the influence that they with that. I mean, there could be a scenario where it could be justified. So I don’t think we have enough information but I find it very troubling that he’s worried about that, because apparently someone has told him that that he’s not going to be able to to live with his life. It may be prison rumor that’s got him frightened or he may have something more substantive that that causes him this consternation, but if you’ve been with someone 50 years, it would it would be very troubling to boast that they couldn’t get back together.

Andy 04:53
And I recall Ashley saying something God is probably 25 or something episodes ago where she said something than the effect of like you have an absolute right to marry or something. I mean, she said that you, it would be constitutionally protected for you to be married. Something along those lines. I don’t remember how she worded it exactly.

Larry 05:12
Well, they’re married already.

Andy 05:14
Right, but then to then say, hey, you’re married and can’t live together? That seems like that would cross some kind of boundary?

Larry 05:21
Oh, well, I think generally would if I was not a specific reason in this case. But what what I’m saying without the facts of this case specific, which we didn’t we don’t get into. But without some compelling reason that these two people being together would compromise community safety. I think they would be hard pressed, if this is just a generalized no felon Association, I think just collapse very easily under a challenge. But if they have particularized reasons that they can articulate that build stronger ground?

Andy 05:58
Wouldn’t that be my wife and I were co defendants? I mean, that sounds like that would be particularized reasons of why maybe they are not the best for public safety?

Larry 06:08
Well, it would depend on sometimes you can be co defendants because you have a prosecutor that’s reaching, like with a case of a made off, he could have just the prosecution could just as easily brought his wife into that. Because they’re when you’re whistle one for 3040 years, and they’re running a Ponzi scheme for that long it would be it would be hard to imagine that she didn’t know at least a little bit about it. So they could have made her a co defendant, but they did. So it depends on what was involved in the obviously, the way the prosecution looked at it, she got out a whole lot sooner. So her her involvement was was less substantial than his when she winds up without if she’s out already. And he’s he’s got this spare harsh feature looking at and she’s done. It sounds like her role was less.

Andy 07:04
Yeah, sure. I mean, that if he’s coming home from dinner every night and having and they’re talking over their, their plate of spaghetti of them, of how many people he screwed out of how many millions of dollars and she goes, Oh, that’s nice, honey. Yeah, so they don’t give her nearly as much time as him actually pulling the levers to do the nasty things.

Larry 07:23
Well, that’s that’s what I was having with us. If If, if they guess one thing to be like Sandusky was where his wife didn’t really know, at least the evidence didn’t seem to say that she really knew what they were doing, what he was doing what the boys but she was kind of taken, I don’t want to know attitude. It would be different than if they were collectively identifying the targets and the acquisition of these targets. And some would be very fact specific. If they could preclude them from having relationship, I would say to the best of his ability he needs to, if they impose such a condition on him, he needs to immediately challenge it. He needs to try to find legal resources and try to try to bounce what kind of challenge because that would that would be devastating. I mean, he would be served time in prison and that you come out of the 50 years a big bear, they say, Yep, you’re not going to have this support, either. You know, you’re not gonna have anything to do with.

Andy 08:25
The one of the thing that’s sort of flies under the radar is like they have been together for 50 years, which sort of seems like, like the youngest they could be if they got married at 18, which of course it could have gotten married younger, but that makes them in their 70s. How much bad things in the world are they going to be able to do without? You know, at the age of 75 and 80 years old? They’ve been together for forever? Well, apparently they

Larry 08:47
were able to do some bad things like he’s convicted in Arizona.

Andy 08:51
Yeah, but you know, we don’t know when he got locked up, do we?

Larry 08:54
I could, No, I didn’t. I didn’t want to know for this for and that’s fine. So I try not to get into all the particularities because I’m doing a lot of guessing already of what’s going on.

Andy 09:06
But if they did this, and they got five year sentence, but if they got a 20 year sense, which would also be exorbitant, but anywho not trying to go by he got

Larry 09:14
what he got life to life’s

Andy 09:18
that he’s getting out. All right. Anything else here before we move on? Yeah, I

Larry 09:25
did the best I could with the information I have. But he would need competent legal advice if if they try to impose that on him. But he may just be hearing the rumors about felon Association. And he may have concluded from that, that he wouldn’t be able to have any association because his wife is also a felon. I would not jump to that conclusion until you hear it officially that’s the final remark. I would say don’t assume everything you hear from the prison grapevine is true because it isn’t.

Andy 09:52
And prison being out of prison is like always better than in prison. So get out if you can The other email or letter that we got was I’m serving 25 years at 85%. In Kentucky. Before my arrest, I drove commercial vehicles cross country for 17 years. I know there must be many pfrs that may be in the same boat as I hardest part of time is not knowing what you can and cannot do unreleased. What? Uh, what is that? What? What options may I have to drive truck for employment when released? My crime is not associated with my job or CDL. But will I be allowed by law to drive commercially cross country for employment as a PFR? Thank you very much. And the answer like short is Yes. Shall we move on?

Larry 10:42
Well, the answer that that I’m going to give is slightly different than that of the answer is I don’t have quite enough information. I don’t know if he’s leaving prison as a supervised offender, if that 85% is extinguishing his entire obligation to Kentucky or if he has a period of supervision following him. Without that information, I can’t tell you as much as I would be able to, because if he had extinguished his entire obligation to Kentucky except for registration, then he would be looking at registration obligations, if he, if he thought extinguishes that the society heals Kentucky supervision that changes the the answer. So for those who, who, who were in prison, it would be helpful if we have that information on your question. When when we get a question. If you’re going to be under supervision, if any type when you leave prison, that affects the answer, because we’re dealing with supervising authorities, and registration authorities. If you don’t have any supervision, owing, then you’re only dealing with registration obligations, which are complicated enough in of themselves. But we have two things to think about here. So I don’t know if he’s under supervision. But let’s assume he is. That way, we’ll cover it. So let’s start by the registry. There’s nothing in a state registry. And I didn’t research Kentucky but generally speaking, there’s nothing in the state registry schemes that prohibits a person from being a truck driver, per se. But I don’t know all the nuances of getting a CDL. And if you if you if you’ve already got one, I don’t know if if if it is what conditions would would trigger a revocation or withdrawal of that of that CDL. But there’s nothing in federal or state registry laws that prohibit you from driving commercial vehicles that I’m aware of. So therefore, the answer would be Yeah, yes, you could. As far as the law goes,

Andy 12:47
you’re about to say something just Yeah, I was just gonna say so like a super good friend of mine. He even under an almost positive that he was still on parole in Georgia. And he went to class and got a CDL. Just he was just doing that just as something to keep busy, and then converted over at the place that he works. And he’s kind of like, he’s like a day driver. He never spends the night but he will get a travel permit to he gets a monthly travel permit to go visit the immediate surrounding states. Even and now he’s on probation still does that I know, I know, every state is going to have their own different rules. And even probation, a probation is gonna have different rules. But he does it on supervision. Well, I

Larry 13:25
would say that that, like I say, the Federal the, I’m not aware of anything and federal law, that that would preclude you from driving cross country. Now, there’s the recommendation to the states that have that a person who’s going to be gone from their home more than seven days, seven days or more that that they should file that in advance before leaving. But that’s the recommendation it is not binding, it’s it’s one of those things that they would like you to do to be to be considered and deemed substantially compliant. But if, if Kentucky doesn’t have that in their statutory sex offender registration requirement, then you’re not obligated to do that. Because that’s that’s where you would file your travel plan would be with your local registry office if it was required. But that’s not a prohibition against leaving and being gone from your basis just simply a notification which makes it very difficult if you’re doing if you’re picking up loads and you you need to give seven days notice before I can just imagine having not been in the truck driving business i can i can imagine that they would not be able to wait around for you to decide if you’re going to take that load or not do that haul. And do that runs I would imagine it would make it very difficult for you. But it but it’s not it’s not against the law. But it would certainly encumber you quite a bit if you had to do had to do these itineraries before you left your state as a condition registration. But if you’re under supervision, I will absolutely positively guarantee you but but beyond all doubt if you’re being supervised for sexual offense in my state, you would not be allowed to A commercial vehicle because they would not give you that permission to roam the countryside. So it wouldn’t it wouldn’t happen here. So So what Kentucky will allow him to do as a supervised offender may vary from supervision agency in Kentucky, it may vary from from from for a beach county or each district as you go across the state, but here, it just wouldn’t fly, they would tell you find other jobs what they would do.

Andy 15:29
But you know, and then to be fair, some states have incredibly long supervision periods. And it seems that New Mexico being more strict on the supervision, but it’s not nearly as long, it seems.

Larry 15:41
Well, we have, for a certain list of our sexual offenses, we have indeterminate supervision, it could be five to 20, or five to life. So yes, you could be under supervision. That’s not the entire universe of sex offenses, but it’s a significant number of them. And you could you could be under supervision for for a long period of time, if you don’t get relieved after five years. Now, the lawyers tell the people to induce to plead I were going off onto a tangent here, but the lawyers tell people, you’ll get off after five years, any lawyer that tells that ought to have his license revoked, because that is not necessarily the case, you’re eligible to request relief after five years, but that there’s a significant number, there are a significant number of people who are not granted their relief, and they continue to be supervised after five years. Therefore, it should be a representation that you might get off after five years, but Oh, you’ll be done in five years. That’s just simply not the case.

Andy 16:37
Okay. All right. And then over to the I hate Larry letter. I’ve been reading the darcelle job digest for years and find the information to be helpful. Overall, I would appreciate if you could explain something to me about interstate transfer of probation. I’ve read columns written by Larry and him seems to go out of his way to confuse people. Rather than answering a simple question in terms we can all understand, Larry, we need you to dumb it down, please. I will be leaving prison in 2022. Having served my entire period of incarceration, unfortunately, I have a 10 year period of probation. At the time I was sentenced, I was told I would be required to register here in Minnesota for 10 years. Upon my release, I plan to move to Florida to be with my family and want to know what my obligations will be in Florida. Okay, Larry, in 10 words or less, tell us what the obligations would be in Florida.

Larry 17:34
It would be to do what they tell you.

Andy 17:37
And they can do it until they’re told to stop. Right?

Larry 17:42
So what you said is more or less is what that lesson that words are their obligations are to do what they tell you.

Andy 17:49
And with your expert editing skills, we you kind of decipher it out of the letter. Here are some some points that we can talk around says my caseworker here told me that they may not permit me to leave Minnesota and Florida may not accept me, can they interfere with my right to live where I choose, dammit, I have my constitutional rights, I can pick up and set up tent wherever I want.

Larry 18:11
Well, unfortunately, that’s a mythical right that you have, that you believe you have, while you’re being punished, that does not exist, you you it would be a privilege to be granted to allow you to leave Minnesota, if they so choose to allow you that that privilege, then they can forward your application. But there’s a process of applying to have your supervision be done and carried out under the under the direction of Florida authorities. And they would they would submit that prop that for that application through a process interstate compact for adult offender supervision. But you don’t have a right to leave Minnesota while you’re serving your time while you’re doing you’re paying your debt to society. Therefore, that that’s an imaginary right that you don’t have. Now, I would say that if you have a better support system in Florida, that you haven’t been a soda, perhaps it would be the best better interest of society at large, that you’d be allowed to be where your support is. But that’s taking out the collective good into account rather than the individual good. And society would probably be better off. But arguably if you are if you’re living more you have more support than you would have if you have no support in Minnesota, but that is not a right so so the answer is can they stop you from living where you choose? While you’re being punished? They absolutely can stop you from living where you choose. They can even stop you from living where you choose a Minnesota

Andy 19:43
definitely and I you know you don’t have the question. Let’s sit here and maybe we will cover kind of on the on the back end of it. But where do you think would be a better place to live Minnesota or Florida just as far as PFR rules go?

Larry 19:57
Well, if you if you took out the support structure say well We don’t know it. And I’m not criticizing the questions because they don’t know what we really want to know. What we don’t know, is if he got picked up on some Internet of Things, and he has no connections to Minnesota whatsoever, and therefore, he would be lost if he has to serve his supervision in Minnesota, not knowing that it makes it more difficult. But but he’s he’s, if he’s if he if all things were equal, without that consideration, I would, I would tell you emphatically even with the harsh winters and Minnesota, you would be better off if you could find a way to stay in Minnesota versus go into Florida. Florida has far more horror, harsh conditions they impose locally. And they have they are, they’re prone to impose conditions on you that are not in your, in your, what you expected for your supervision in Minnesota. So that that is my choice would be if I could tolerate the winters that I could support myself I would I would stay in Minnesota if I had the choice between that in Florida.

Andy 21:07
As far as states go, it’s pretty close to the worstest. ish.

Larry 21:12
I gotta see how the other trends translation. Could you pronounce that one more time for the for the transcriber.

Andy 21:20
worstest? Or ish,

Larry 21:22
Lee? Alrighty. We’ll see how that can be

Andy 21:25
changed it, but that’s fine. Okay, and will I have to serve the full 10 years of probation? Or can it be less? That’s got to be that’s got to be a yes. But that’s just if they want to?

Larry 21:36
Yeah, and this is a great question, because most most states do have a process by which probation can be ended early. And we’re taking it at face value that he’s talking about probation and parole, but probation usually can be less than the by an order of the court. It can be modified to a lesser time. But what what he may be thinking is whether he can file something in Florida do that? And the answer would be no, if he successfully goes to Florida, any modification of that term of probation will have to be done by the court in Minnesota that imposed it, Florida cannot reduce that term of probation, and no other state can so that the state that it poses to supervision is the only state that can change the duration of the supervision. So it could be less if Minnesota has a process, and they probably do. But it would have to be a petition filed in the Court in Minnesota and they would have to grant that petition.

Andy 22:41
And then Oh, boy, I can just hear all of chat saying this when I asked this question, they’re gonna say it in unison says How long will I have to register in Florida 123.

Larry 22:51
Forever. Well, and see there there is for the 10 years of Minnesota that that he was told at the time, and I didn’t do a lot of research to know if it’s still the case of Minnesota 10 years added, based at the time of the of the day admonish enterprise them have a 10 year obligation. But that was only if he’s registering in Minnesota. Because as I say, so many times that I get at least one email every time I say this registration as a civil regulatory scheme. That’s not a part of your punishment. It would be like the vehicle registration analogy that people have heard so many times. So if he keeps his vessel big, the vessel is himself in Minnesota, he will his vessel will register pursuant to Minnesota law. If he removes that vessel from Minnesota, and takes that vessel to Florida, the vessel being himself, he will have to comply with the duration of Florida registration requirements and the frequency and all the obligations in terms of what Florida requires registrants to do. So I could assure you that he would be far better off under the last time I looked at Minnesota law, if he stayed at Minnesota for registration purposes, but Florida will be in control of that, because that is the civil regulatory component. That’s not his punishment.

Andy 24:15
Gotcha. And then finally, what you sort of cover part of it, but can Florida change my conditions of probation and impose any fines and costs on me that were not imposed in Minnesota?

Larry 24:26
Well, I should have made that two questions because it is two separate issues. They are actually three issues. CAD CAD they oppose any conditions

Andy 24:38
the conditions, yes. I don’t think they can impose fines there Can they

Larry 24:42
they cannot impose fines, but they can impose costs. So so like a probation fee or something that short supervision fees or anything related to if he has to do treatment in Florida, they would they would have to pay those those costs. And I can just I guarantee you You’d like to be treatment of Florida because the treatment industrial complex doesn’t doesn’t take kindly to people that are not in treatment. But can they change my conditions of probation? Well, I’ll try to be clear. Those conditions that Minnesota impose they follow you. So the the originating states conditions follow you. Can they impose additional conditions? Yes. The treaty between the states, which is the interstate compact, an agreement between states, it’s called a compact, the interstate compact gives the states that prerogative, and when you file your application, you will sign a document saying that you agree, if you’re given the privilege to move to Florida, that you will abide by any additional special conditions, as they call them, that they impose on you. And the receiving state being Florida in this case, they will be able to put conditions consistent with how they supervise people with a summer offense. So therefore, if Minnesota wouldn’t have had a curfew, and Florida does have curfews for similarly convicted people, our curfew will attach to you in Florida. Even though you didn’t have one in Minnesota, Hank says he’s ever been in supervision, we don’t know what all these conditions would be because he never got to sign though never will get to sign those those papers, if he goes straight from prison to Florida, but, but the conditions of probation can be altered. But remember, your your originating conditions follow you, you don’t get to escape those. So if you’re in a harsh state, and they put a bunch of conditions on you, those go with you. And less they’re not enforceable by law in that state. And there would be some things or by by I think I’ve given this example, before technology, the early days of GPS monitoring states didn’t have all states didn’t have GPS monitoring. So you’d have a state that was there was in the early days of the tech revolution using GPS, they were sending people to states where they didn’t have GPS monitoring. And the the sending state would have to have to remove that condition, or they would decline that supervision, they would say we can’t enforce that condition here. We don’t have that technology. And you either remove it or we can’t take your offender. And and if there’s been a court ruling saying that there’s something that’s not enforceable, that a residency restriction like the you’re the judge might have said in the condition in your sentence that you can’t be within 1000 feet of of a list of things. If there’s an adverse court decision on that state saying that, that that those conditions that those were unconstitutional, they would, they would notify the surrounding states that we cannot enforce this. And then the sending state has to either remove those conditions or you don’t go, but but the conditions never get less when you when you transfer because the original conditions go with you. Now, when I say that they never get less realistically, often they do. Because you get you go from a really harsh state, to a state that takes a more pragmatic, reasonable approach. Even though those conditions are on your order. They don’t rigorously enforce them. They say, that’s crazy, we’re not gonna do that. And they gave you a little bit of slack. But but but as far as officially those conditionals go with you,

Andy 28:08
they cannot be hard for a supervising officer to like, have this like, Okay, well, here’s my boilerplate one, and I have 100 people like this, and then I have these 10 ones that I have to apply these special rules to, that would be very challenging for them to keep up with to so they would just sort of try to average it out and figure out where you can just fit in as much as possible without any extra stuff.

Larry 28:27
That is correct. And when when they get to know you and you’re and you’re deemed compliant, generally states relaxed conditions anyway, as you go through a period of continuous compliance, you get more and more freedom from the posts. That even happens here, you get you get a little bit less or frequency on your, on your home visits that on your in office visits, which are well have been greatly reduced because of the pandemic. But they can they impose any fines, absolutely not the state to the state to convicted you find you if there were any fines, they cannot impose any restitution on you, per se. So if they find something you did particularly offensive, and it’s your harm to the victim, and there should have been a huge restitution order. They can’t do that. That’s all in the jurisdiction of the of the convicting state. So fines and restitution, they can’t do that. But they can impose supervision costs. If that state has a monthly supervision fee. They can impose that fee on you and they likely will do that.

Andy 29:34
And just to like make some clarity, so you got sentenced to 10 years, whatever, I don’t care and but they also sentence to you too, I don’t know some sort of $25,000 fine, and you’ve dealt with that. Then you transfer to another state. They can’t say oh well you owe us another 10 grand, that would be a sign and they cannot do that that would be like them extending your sentence past the the your original contract with the state from your original sentence.

Larry 30:00
Correct now that they can monitor the collection of that fine, and they will do that, if you have, if you have a fine schedule, you know that paper schedule that will set up for you and you’re supposed to pay $100 a month and fine. And you don’t pay that you don’t usually pay it to the state that’s supervising you make arrangements to remit that to the state where the fine is owed. And, and if you get out of compliance with that, they’ll they’ll notify the state and it could it could form the basis for a revocation but, but to find it, it’s not collected. And not it doesn’t benefit the state that supervisee that’s not their money, the restitution is not their money. That that that that’s something that that they they act as an agent. And they may say you read a rainbow check stub saying you’ve paid this $55 a month, each month that you’ve sent this to the authorities of Minnesota. And if you can’t produce that documentation, they’ll notify Minnesota that you did that you didn’t pay your fine, because that forms the basis for a revocation. And believe it or not, they want to get rid of you. It’s not a it’s not anything personal. But they do want to get rid of you. Because each one of you that they get rid of relicense their risk of something happening that they have to stand before the camera and explain. So if they can, if they can, some officers are far more zealous than others, we’ve got a person here that makes his his his mission to figure out a way to dump everybody back to the sending state, but to some degree, they would be happy to get rid of you. And it’s not personal. It really is it is just it’s just a statistical thing. If you’ve got 100 people you can dump out of your state, their sub level recidivism that with those when you dump them.

Andy 31:46
Okay, anything else before we leave this one behind?

Larry 31:49
Well, I figured you would have a whole lot of new questions to add, because this is one thing, one thing that you really like to talk about.

Andy 31:56
The the one question that I always end up getting tripped up over is if you’re transferring your probation, and you have you have the state level type of statute, so Georgia State level would be like the living restrictions, thousand foot kind of deal. But then for your probation supervision, there’s the stupidest one on there, it says that you will not drive your car alone ever. Which one of those two things would follow me? Does the to the state ones drop off? Or do the supervision ones drop off moving to another state?

Larry 32:32
Well, they the the, the proximity restriction you’re talking about that’s at the state of Georgia registry law, that that that has nothing to do with you when you go when you leave Georgia. The registration requirement of Georgia is called

Andy 32:46
your own, the only thing that would then carry over is going to be the supervision rules. And I don’t want to go back over whether they will adhere to them or not in the receiving state, we’ll just assume for the sake argument that they do.

Larry 32:59
Well, well, that one would be one where I would think that a rational PL would look at that and say that’s not enforceable. But now we’re we can’t presume they’re all rational. And therefore, therefore, I would like to see someone challenge that in Georgia and have that have that stricken because it’s it’s it’s really, really crappy language. Ridiculous, it’s

Andy 33:20
kind of an impossibility to be honest with you. And it is being challenged. That’s just like the that’s on the forefront of my brain because that is going to be challenged, that the group in Georgia is working on that as we speak. But that just like that one is over the top kind of like scratching your head going to hell were they thinking when they made that rule, you can’t drive alone ever. Your probation officer says, Hey, I need you to come into the office. Sorry, I can’t get there. My mom is at work, and she can’t ride with me.

Larry 33:45
So that’s ridiculous. We’ll get her the best way you can take take take Marta.

Andy 33:50
I know. And then and then they would say, Well, if you can’t get here, then maybe we’ll come get you with a little paddy wagon, and we’ll put you in some cuffs and we’ll send you somewhere where we can always get in touch with you.

Larry 33:58
Oh, that’s what I would say. That’s exactly what it looks like.

Andy 34:03
But so I use that, you know, I’m using like an extreme example. So like, the driving restriction thing would follow you again, I don’t care what like they’re not going to follow that one on the receiving end, but it would go with you. They would be

Larry 34:15
it would be on the list of things that appeal would have when they did their initial intake with you. And they would say these are your conditions so they would roll their eyes after an irrational state. And and they would even even in my state as horrible as well on supervision. I think they would still roll their eyes here because because that was just an impossible thing. But But, but they would look at that and say it’s kind of not practical that I would I would consider a typo. I would say there’s there’s no way that anybody would put this on paper.

Andy 34:47
And then the other side of the thousand foot thing if you move to a state that didn’t have any sort of lawsuit if you move to Florida where they have, you know, if you move to like I guess it’s like Dade County where it’s like 2500 foot restriction 2500

Larry 34:58
you would have you would You would end up going from bad to worse.

Andy 35:02
Yeah, yeah. And and in in reverse. If you went from the Florida State with 2500, or in not all Florida is that way, but then you move to Georgia, then you would actually be gaining because you would, uh, you would go from having a harder restriction down to 1000 feet. So you’d be like, yeah, I can live more places

Larry 35:20
for registration purposes. But now, if there was a specific order in your condition and your probation sometimes, sometimes because of the uniqueness of your offense, the judge will tighten the limitations further before you can and can’t be the condition of supervision. But But if that becomes

Andy 35:37
part of your contract, that becomes part of like the statutes that you must follow. These aren’t optional things. This is almost like the state law now says that you have these extra restrictions?

Larry 35:47
Well, it would pay would be not real estate law. But it’s, it’s, it’s a condition that carries the potential of, of, of a sanction if you don’t comply with it. So so so if you if you’re told that you did, you can’t be in an establishment that serves alcohol, even though alcohol is legal. And you patronize the establishment that serves alcohol that could result in serious, serious consequences to you, because that was the condition. Generally, our state takes the attitude that you should nobody under supervision should ever be in a bar. I think that’s ridiculous. But that’s the way it is. But but but in some cases, it may be unique to your offense for the judge may even before he ever gets to probation, I’m giving you five years probation, and you will not patronize any place, that’s primary businesses to serve alcohol. And you know, there’s restaurants where you would that you would be able to eat because a lot of places where you have casual dining where they serve alcohol, but if it’s their primary purpose, you can’t, you can’t you can’t go,

Andy 36:51
I’m gonna restrict you from going to Applebee’s, it’s going to restrict you from going to DJs Bar and Grill perhaps,

Larry 36:56
perhaps, but But uh, so you got to be careful for that condition comes from if it’s Georgia’s registry law that doesn’t go with you. But if it’s like a specific condition of your supervision, that was that was put into a document that you signed, that it becomes becomes more enforceable to the other state. But the other state may not be able to enforce it, because they may have a court case that says we can’t restrict where people live. And, and they may say, we can’t enforce it, and they would tell Georgia, sorry, we’re not going to enforce that.

Andy 37:26
And then Georgia could say, well, sorry, you’re not moving there, we’re not gonna approve this whole transfer,

Larry 37:30
that is exactly what they could do. I would not do that. Because, again, statistically, your folks, I don’t mean to sound harsh about this. But you’re playing a numbers game with this. And since the public, the public backlash is so high, is so shrill, and something goes wrong, you want to get rid of just as many as you can. And you want to keep out just as many as you can. So therefore, you would want the person to transfer, and you would want as many as possible to transfer out as you could possibly get out of your state. Because that reduces the liability to you. And you would want to keep out as many as you possibly can from coming into your state. That’s just the reality of arithmetic. I mean, I know, people roll their eyes when I say that, but that’s just the reality of the math.

Andy 38:22
The only other thing that I think we should probably dig around just for a few minutes, and I believe that you have a little bit of experience with interstate compact stuff about the actual process of transferring, how long does it take? What sort of process does it go through, I think you have a little bit of expertise in this area, I do it

Larry 38:37
the states are allowed 45 days to respond to an application. And some states charge a fee to submit to another state and I didn’t check that either. We’ve gone through that list. And I could if that’s if that’s necessary information, I should put that into the next interstate compact question. But the application could cost you anywhere from 50 to like $200 to try to get approval to another state. And they have 45 days to investigate to propose residents and people are going to be living with and respond back to the, to the request from the status of the application saying we will take that offender we will approve this residential planner we will not and so you’re looking at a month and a half.

Andy 39:23
And you could I know from trying to do this, that you need to have an address on the other side before you start the process. And, you know, you have to pre plan like you know, somebody’s living their expense. You know, someone looks like they’re living there. So that when they do go visit, you’re gonna meet the different requirements, like it’s not an easy thing to go through and then they can just turn around and go, Nope, sorry. And you’re kicked to the curb and you’re just done. So if this person is trying to move to Florida where they at least have the thousand foot and for you know, heaven forbid that he’s actually in a in an area where they have the 25 hundred hundred foot. I don’t know if Minnesota has as a living restrictions, but you could be 2500 feet, man, there’s no place it’s going to not be within 2500 feet, church, school playground, daycare, those kind of things. Your everyone is going to live within 2500 you know radius of that kind of property, school easy.

Larry 40:20
They will in that particular county, Miami Dade that does really render the bulk of the county off limits to people that are on the registry. They get slivers of industrial zones, where their houses are, then there’s there’s places that bridges under bridges, but it really makes it difficult.

Andy 40:39
All right, let’s move on. You ready for that? Moving on?

Larry 40:43
Let’s do it.

Andy 40:45
Okay, and we were gonna play a super patron Mike sent in a voicemail, and it was pretty long. And I think we can summarize it talking about, you know, Larry says on the podcast frequently about putting that hand on that Babel. And this is if you were of a different faith or a non faith, could you have questions we’re about? It would mean nothing to me as a non believer person to put my hand on the Bible and swear to something that I do not believe in. Don’t send me hate mail for not believing what you believe that’s not what this is about. But it the book doesn’t mean anything to me.

Larry 41:26
So would I be able to request some sort of alternate Bible for a non believer type, and that could then apply to Muslims or Buddhists or Hindus? Can they can they put their hand on their text of choice to, you know, uphold the law and truth and all that stuff. And most instances, they can they, they swear or affirm under penalty of perjury, and the Bible has become less of something that you put your hand on. And I do that a little tongue in cheek when I do that hand on the Bible. Part of what we do here is try to make people laugh and giggle a little bit. And when I do that, I’m kind of poking fun at folks who he could just as easily say, and this was poking fun. I think most recently, Sheriff long in Bucks County, Georgia, that said that he was gonna do his job because he put his hand on the Bible. And he could just as easily say, I took an oath of office. And then I believe that I’m carrying out the duties of that office, but he paid but he interjects the religion in it. And I have a little bit of a problem with people who do that, because frequently my life experience has shown me that when they have to wear their religion on their sleeve, or their patriotism would be another example when they talk about how patriotic they are. Sometimes you would dig a little deeper, you see their Patriot, patriotism is very shallow. And I wish that he would just not bring the Bible into it when he says I’m doing my job because I put my hand on the Bible. And that that’s what I’m doing. But lots of times when I say that, I’ve never actually heard the people the person say it. In the case of Sheriff log, I think I did hear him say in one of the news clips, that saw poke fun of the people who say that, and I put a little emphasis on the Bible. But but it’s really because I don’t think that it’s really appropriate for the say that it’s because of the Bible, you’re doing this, the Bible, to the extent that I understand it, preaches a lot of forgiveness, and redemption. And it doesn’t sound like to me that Sheriff long has got that message. He’s he’s not he’s not practicing what I understand the Bible, as I understand it anyway.

Andy 43:34
For some clarity, super patron, Mike in Florida is an incredibly forgiving, generous human being. And we speak frequently, and conversations of religion come up between us quite regularly. Again, I know that this isn’t a podcast about that. But this is a podcast about the criminal justice system, specifically pefr kind of issues, and how overwhelmingly burdensome the disabilities and restraints to use your terms how much that imposes a problem for our people and us be the people that are putting their hand on the Bible. If If you believe the words in the text of being a forgiving kind of person, we are in the exact opposite direction of that. And so yeah, I totally understand later that you are poking fun when you say that’s to me, that’s all you’re doing by and it may be perhaps offensive to some. And I would probably understand why they might find that offensive. But I wouldn’t tell you to stop because I don’t I know that you’re just being funny about it.

Larry 44:33
Well, that is that is true, but I have to be sensitive to that to that. But he he has to also understand that. I would hope that he calls out these people from time to time and challenges them on their intellectual honesty. If you’re gonna bring the Bible into the conversation, profess all these beliefs, he needs to he needs to call them out and say, well, let’s be make sure we’re practicing this because if you’re going to tell me that I need to live my life. And you’re going to preach to me, then I think I get to challenge you a little bit in return. And that is the deprivation of food assistance by what was the guy’s name in Louisiana, that we’ve talked about the senator, that that’s no longer in the Senate. I can’t believe that anybody that would profess to be a Christian would deny food and nutrition assistance to someone because of a mistake that they’ve made in their life. Yep. And I’m okay. So I want you to call those people out when they when they if they’re gonna bring the Bible into it when Sheriff law brings the Bible into it. I’d like acquaints as a sheriff law to say that to question him say, well, Sheriff, isn’t it true? Some of these people did these crimes decades ago, and they’ve paid their debt to society? Isn’t it time we let them move on with their life? Isn’t that what the Bible is all about? Call him out on that remind him of what the Bible actually does stand for.

Andy 46:05
I agree. Ready to be a part of registry matters, get links at registry matters.co. If you need to be discreet about it, contact them by email registry matters. cast@gmail.com. You can call or text a ransom message 274722744771 a support registry matters on a monthly basis, head to patreon.com slash registry matters. Not ready to become a patron, give a five star review at Apple podcasts or Stitcher or tell your buddies at your treatment class about the podcast. We want to send out a big heartfelt support for those on the registry. Keep fighting. Without you, we can’t succeed. You make it possible. All right, we should then move on. And you said this one was going to be quick. But this first one comes from the Marshall project, should prisoners have to pay for medical care during a pandemic. Larry, this one always kind of conflicts me because you will end up with I think the term is super utilizers. If you don’t charge them some kind of copay, then they’re going to use go into medical call as as a farce to get a dorm to go walk around go, you know, do things that if you hit them with a some kind of charge, then they won’t go do that. But how should that be different during a pandemic?

Larry 47:30
Well, I would think it would be different because we would want as much medical attention as possible. So we can isolate it and try to prevent change of transmission transmission from affected individuals. If you’re going to have to pay a fee to find out if you’re infected. That’s one component of it that if you’re going to be punished harshly for having the the virus, it seems like to me that we would we would increase the odds of transmission because no one would want to be tested, right?

Andy 47:58
Yes.

Larry 48:00
Whether that would not be good for the institution’s residents or its staff, would it?

Andy 48:05
No, not at all.

Larry 48:06
So I think that we ought to take that into consideration. And I and I understand your point, the about the overutilization. There was a deputy ID with Clayton County, Georgia 40 years ago, that he was so the county jail held held approximately 100 inmates at that time and and he would pull sick call meeting have people get out of their cells and go just delight up to see the doctor. And you have 100 people in jail. He’d look at the list. It’s like we got 31 people on sick call today. right he would find it very frustrated. He couldn’t figure how 31 people could be sick. You know, at the end he thought he thought it was a farce. So so they had they had these telephone booths. Now those are either that are younger, you may not be able to relate to a telephone booth. But there was there were they were they were booths that people would actually go into to use a phone and jails had had had telephone rooms where there’d be a wall of phones and there would be a larger room but that but they would put they would let people go make calls and the telephone room. Make use of the old fashioned pay telephones and he would put people when he had a large number of sick calls he would put them in the phone booth and they would be literally squeezed like sardines standing in the in the in the area. And you’d be amazed how many people when Bros. His name was deputy rows when deputy Rose was on duty. They magically removed their name from sick call. Because they do his going to pray. He was going to pull up two hours before sick call and have them stand in a cramped phone booth for two hours to see the doctor. Now, not just for the icing on the cake in the story, his wife shot him

Andy 49:53
poetic justice.

Larry 49:55
The rumor was that he was abusive and he ultimately got shot. And I have no way of independently verifying if she was if she was being truthful, but by very like recollection is that she was convicted, or even acute charge with with his device, but he was apparently a kind of a harsh guy to deal with.

Andy 50:20
Okay, now, so and Carl and Chad says maybe we should just not charge them for COVID-19 related things. I mean, I guess that’s fair. But you wouldn’t know when you say I have lost my sense of taste. And I have 112 fever, that it is COVID related.

Larry 50:34
I wouldn’t think you would know that. Thankfully, I don’t think I’ve had it yet. If I if I have I’m not aware of it in symptoms. But I would, I would think that that you wouldn’t know until you did the test. If they were if they were ill, because some of the symptoms are very similar to other influence type, we wouldn’t know, would we?

Andy 50:52
I don’t, I don’t know. You’re not going to know off the bat other than knowing that you have XYZ symptoms, and they’re similar to flu like symptoms. And then you go get tested and you test positive for like, yeah, you would know going in, I guess they you know, they charge you up front, and then give you a refund on the back. The prison system is really good with accounting, especially when it’s not in your favor.

Larry 51:14
I’ve noticed that with the deuce letter publication, they seem to they seem to be very good with accounting we get we get list of everything down to the penny.

Andy 51:23
Yes. Okay. And then we will move on to a couple companion articles. This one’s from Kay QED criminal justice reform as cluck big wins in the California what they do in Cali man?

Larry 51:36
Well, they didn’t understand everything. But it’s one The good thing. The law enforcement apparatus had had a movement on the ballot, it went down to a crushing defeat. And that’s, that’s always amazing when you can when you can overcome the scare tactics that they use, and actually have the public vote down in this article said that they that the citizens were smarter to see right through it. And so that that’s fantastic.

Andy 52:05
We talked about this ballot initiative that they do have in California, this allows for something close to true democracy where they put you know, the know, the felony jaywalking on the ballot and the the people vote for it. It’s not representative, it’s where you get to vote for this to be up or down. And I guess kind of like the Florida Fourth Amendment thing that they voted for to let felons vote again, that they did an 18 this so the citizens of California said, we don’t want all this big, bad prison stuff.

Larry 52:35
So well, the the proposition 20 is the one that went down. And that was, it would have made it easier to put some people in jail for theft, while making it harder for thousands of state prisoners to qualify for parole consideration. And it wasn’t even close. According to Kate Chatfield, policy director at the pro reform justice collaborative. It is at that, like say what you could beat the law enforcement apparatus that is just fantastic. And fishy

Andy 53:04
run some really harsh advertisement saying that these terrible things and the people are going to be breaking into your house, and they’re going to be robbing and stealing and billing pillaging and all that.

Larry 53:12
Yep. And it only wanted eight of 58 counties that said the proposition 20 lost and 50 of the state’s 58 counties. So including sub reliably Republican base use the term red ones, but I don’t really like that red and blue legs much. But I would say the more the more conservative counties that still lost it. That’s a good thing. Sure.

Andy 53:35
And there’s a companion article from the nation titled California chooses criminal justice reform.

Unknown Speaker 53:41
Well, cool.

Andy 53:41
You gotta love that. I’m pretty sure that’s a blue state. They’re pretty pretty heavily blue.

Larry 53:46
Well, it is. But that’s why that’s why you shouldn’t move there. Because even though they’re doing the right on the criminal justice, you got to look at the bigger picture and you got to look at more important issues. And not

Andy 53:57
just some single issue thing

Larry 53:58
now. Right, right. You got it. You got to look at that. And that’s what they tell me. Yeah. But we we we don’t look at the big picture. They they think that only they look at the big picture.

Andy 54:08
Raiders fan and chat says I think it makes sense. Once you walk out of the walls of the facility, you get your right to vote back, which not all state we there’s one state that’s still holding out that you have no chance or did that one get removed with Florida. I can’t remember if that was the final holdout or is there another one that you think there

Larry 54:27
might be one more thing? I think it might be Nebraska? Sure. Yeah, thanks.

Andy 54:32
But all the other states at least have some sort of path. And some states like you know, the Vermont’s you can still vote while you’re incarcerated. And then other places just varying degrees where you’ll automatically get it back when you’re finished with your your supervision someplace you have to petition

Larry 54:48
for and theoretically, theoretically, while you’re awaiting trial, and you’re not a convicted felon, the hundreds of thousands of people that are sitting in jail theoretically can could vote. Now no one ever does because they don’t say polling places in most correctional facilities. I think there’s one or two of the large ones, I think we talked about Cook County in Chicago that was setting up a polling place. But most people don’t know. And then trying to make arrangements to apply for an absentee ballot is difficult when you’re trying to use, I mean, try to get the county clerk on your phone list. So you can make a phone call to the county clerk, they request an absentee ballot application and give them the ballot to the jail. So you can mail that application back. So you can receive the ballot vote, try doing all that from from a county jail, tell me how that goes for you.

Andy 55:33
Along with all of your other words, you’re probably not going to be worried about voting that much

Larry 55:37
either. So so so hundreds of thousands of people that are pre trial are disenfranchised, that are by law, permitted to vote but they’re there, the practical batteries, they’re not allowed to vote.

Andy 55:50
And okay, so moving over to an article that is incredibly long from courthouse news, after 36 years and experiment in private prisons comes to an end in Tennessee, lay I really dislike private prisons a lot, I think that it is, if there is something that corporations are going to do poorly when dealing with human beings, prison is that where they’re going to optimize themselves for profit, which of course, that’s what a company should be doing. I accept that part. But when dealing with people that have no resources, very limited resources, everything can go to poop in a handbasket while they’re taking care of human beings, and you know, there’s mold on the walls or food gets shorted and your healthcare gets shorted. So I’m very happy to see them shutting this down, at least in one state or in one county.

Larry 56:43
Well, but but say, you know, that would that would be your reaction if you didn’t read the article. But it’s actually in this particular case, is the is the core civic, the prison operator who’s pulling the plug, they’re pulling the plug, because

Andy 56:58
good, they want to have that they want to force them to make upgrades and changes.

Larry 57:02
Yeah, I was gonna say they they’ve milked this for for 3036 years. And now there’s a significant amount of deferred maintenance. And there’s a discussion about who should be responsible for that. And also due to efforts to, to contain the pandemic, the population numbers have dropped it at the facility, this is called silver delvin. It’s at Chattanooga, and they are able to consolidate these, they’re gonna consolidate the silverdale with their downtown jail, they’re gonna operate just just one facility with the county takes it over. But they pulled out after they had been running it for three and a half decades. And and now now the debate is about all the different badness. But you don’t think candy a private company would try to maximize profits that extend a providing good quality services, do you? They,

Andy 57:52
they absolutely 100% No, 100%? No,

Larry 57:56
no, they, you? That’d be I can’t believe that you would even suggest or imply that. Private companies would never never do such a thing. They’re all about the interest of society. profits have nothing to do with it.

Andy 58:16
I don’t know, I don’t necessarily even begrudge a company for having that moment. I know you’re playing fun, but I just like their interest isn’t to return profits to the shareholders. Like Okay, so if they can, you know, pinch a penny here, they can reduce some HR costs there, they can then treat the PFR the inmates worse. Like, I mean, it seems like that’s what they would do. That’s what we want corporations to because they can run things more efficiently than the government can every day of the week. Right, Paul?

Larry 58:44
Of course,

Andy 58:44
I can chat. I know, I know. He’s gonna like blow a gasket by me saying that because he thinks corporations should do everything.

Larry 58:51
Well, well, that’s it’s one of those things where the company pulled out. I don’t think I don’t think we can, we can see a trend for it. But the trend might develop with this. Do presidential administration, because the previous administration had announced an intent to end contracts on the federal level with private operators, and that was reversed by the Trump administration. Now, when the Trump administration, if it does leave, I mean, this is all up in the air because the election is still being decided. And I don’t want to do any pontification about anything related to the election. But if there is a new administration on January 20, that could be a policy that they could reverse back to what it would what they had had previously in the Obama Biden administration, which was to decrease the reliance on private prisons. But in this particular instance, it wasn’t a governmental decision. It was the it was the the the operators decision, but they didn’t want to be there any longer because the revenues had declined precipitously with the population decline and the deferred maintenance and it’s just not a profitable endeavor for them any longer.

Andy 1:00:01
It’s almost like you get a loan and there’s a balloon payment. So you just you just pay a low amount for the first 10 or 20 years, and then all of a sudden, there’s this big fat payment and like, oh, wow, man, nevermind, we don’t want that anymore. So they milked all that, or maybe even like a hedge fund where they go, and they just milk all of the money out of the thing. And then they dump it

Larry 1:00:18
so well, that been in this business for as long as I have. It’s rare that I encounter someone who prefers a private prison. I think I’ve run into a handful got a couple three. And usually it has to do with commissary they have they they maximize profits by having greater options of commissary. But as far as programming, and staff competency, and the other thing is air conditioning, a lot of the private facilities are air conditioned, you have the state systems like in Texas where I go and provide those people in a rare condition. They’re not here, this ain’t the holiday here, for God’s sakes, Florida does the same thing. And they they profit companies. I’ve had compliments about the ventilation being better and and and the commissary options, but in terms of programming, I don’t think I’ve ever had anybody tell me that they were that they were enamored by the programming of a private private prison operator.

Andy 1:01:13
Private private in Georgia is in my experience better than state by a longshot on all avenues

Larry 1:01:19
of programming on on.

Andy 1:01:22
Yes. So you asked us and stuff like that? Yes.

Larry 1:01:25
So well done. I have heard so Wednesday, it was your the first. So

Andy 1:01:30
they kept the place air conditioned to 50 degrees to keep you very docile and like frozen and covered up by a blanket all day. Food was better, and you know, electrical classes, CDL class, all that stuff. They didn’t have a any of that stuff at state level stuff.

Larry 1:01:44
Well, aren’t you contradicting yourself? If you’re saying that the private prisons were better? And you’re saying that you disagree with private prison systems? that’s somewhat of a contradiction,

Unknown Speaker 1:01:53
I

Andy 1:01:55
guess but no, because I think that if I didn’t say that they had those programs. But I know that they’re doing that because they then get money from the state and federal government for having the program’s they’re not doing it because they think that you need to have these things so you can be better on the other side of it. They’re doing it all based on a revenue model where they Hey, we have more stuff for the commissary, that means we can make more money. Were you buying your pseudonyms and weighing lambs?

Larry 1:02:19
Well, I said that about the commissary, but I was asking you about programming. Did they have better quality staff at staffing? Do they have they have more case management? They have more educational?

Andy 1:02:28
Well, you mean that stuff? They have more educational stuff? I don’t know about case managers? And none of that. I don’t know if they did any of that stuff, but then more classes that you could take.

Larry 1:02:37
So well then like say you should be a big proponent of private prisons.

Andy 1:02:41
Negative ghostrider not happening? No, I don’t, because of what the model is, they should put those programs in on on all of them as far as getting people prepared to get out. And that should be under the burden of the citizens to make sure that that bill gets footed because 95% or more of these people are going to get out and we don’t want them to go back. That’s not a sustainable model either.

Larry 1:03:04
So well, Alrighty, then.

Andy 1:03:08
That’s my take. And then we have an article from sea coast online, Maine officials proposed a doubling budget for agency charged with defending the poor. Is this an article that’s talking something about public defender kind of people in the state of Maine?

Larry 1:03:25
Yes, and I can’t believe that. I mean, we tried that here a few years ago, because the public defender offices had been so starved for funding because of our years after the Oh 809 recession, that we basically live 10 years with without any, any revenue increases, and things flatline. And so when things started picking up, we asked for more money for the public defender and try to double it backwards. They didn’t do that. But but you got to start somewhere. So if if things have been, if things have been underfunded for that long, you asked for a significant increase that you hope you hope for the best, but with this pandemic, it’s gonna be it’s gonna be amazing to me if they can come in, even with an increase because most state revenue projections are according to the National Conference of state legislatures. They’re all seeing declines at their revenue outlook. So I don’t know how you could I don’t know how you could do this.

Andy 1:04:21
Huh? Um, I mean, does that mean that the citizens just have to up their tax bill to cover it, they they’re, they were upping the amount of money. Something that stuck out to me, Larry, is that the last increase they got for the attorney, so they outsource this to they don’t have public defenders, they outsource it to private attorneys, and they got a raise of $5 an hour in 2015 to bring them to 60 bucks an hour, which is maybe a third or so what an attorney normally makes. So here they’re going to up it to 100 bucks an hour, which is the now you’re only talking about half or you know something like a third of what they would do.

Larry 1:04:58
So but but that’s That’s funny, but that’s a dramatic improvement and like they hope it goes through. But for the revenue is as bleak as the outlooks are. It I don’t know, what means revenue model looks like in terms of in terms of where the bulk of their money comes from yars is severely significantly impacted by energy. But if that’s a tourist state, I can imagine that that revenue stream would be off, wouldn’t you think?

Andy 1:05:26
Sure, sure. Sure. Yeah. Yeah.

Larry 1:05:29
If, if their unemployment rate is high, I would imagine their state income tax would be down. So so when you when you’re trying to divvy up the revenue, because we could never increase taxes? I mean, that would be the end of all life as we know it. If we increase in taxes all life, yes, the whole everything would cease to exist if taxes went up. But when you when you’re looking at when you’re looking at trying to divvy up a small revenue pot, defending people accused of crimes is just not very popular. When you go out into the general audience of a town hall meeting and say, I tell you what I want to do. I want to make sure that we have ample and adequate representation for the people accused of crimes. It Can I see a show of hands up how many people support male distance, see how many hands go up.

Andy 1:06:14
I was waiting for you to throw in a Bible in there. It just I heard that the twain coming in. I was expecting.

Larry 1:06:21
Better do that.

Andy 1:06:23
Right. And then moving on to another article. Oh, this one’s great. This one’s from the shadow proof. Oh, this article is written by Steve Yoder. And he has been a presenter at a guess it was like the 15 or 16 Atlanta conference, it was the first one that Dr. Saul did here. Really great writer about things. And this is one of those articles that we cover from time to time where the PFR compliance group, the sheriff’s office and whatnot, they go around and do all kinds of checking in to make sure that you’re living where you said you’re supposed to be living. And are you living with the people you said you’re living with? Is your car registered the right way? Are you home by curfew? And they go round up a bunch of people for almost like just like paperwork crimes. And it’s an incredibly long article. But he he’s a very, very excellent writer, and like that he puts these things out from time to time.

Larry 1:07:16
Well, it’s what I took from it as he pay talks about how that, that that these 10 Most Wanted, they don’t seem to have any methodology of how they pick the 10. Most Wanted in Oklahoma City, people so Columbus city, if I remember, right, correct. And I didn’t have any methodology. But none of the 10 have committed an offense, a new sex offense. So that really what it is, is the luck of the draw. If if you go non compliant, meaning that particular homeless people are most likely to go non compliant, because the requirements escalate exponentially if you’re homeless, suddenly, the states have adopted that weekly reporting. Well, I hate to tell you, if you’re homeless, you don’t have any money to get to the office weekly. Right? And you don’t, if you if you don’t live in an urban area, or they have public transportation, what are you to do,

Andy 1:08:17
I got I got nothing, I got nothing on how somebody is supposed to live under these restrictions, and then also maintain the level of compliance. And if you’re homeless that you have to go report every three days, seven days, something like that, now you have to go visit the man so much more often. I don’t, it just seems to be set up that you are just you’re going to end up failing, I am going to see a way around that logic.

Larry 1:08:41
I am going to die fighting that. And it hasn’t surfaced in many years here. But that proposal is the most idiotic thing that I have ever heard, to impose on someone who doesn’t have the resources to comply your event, you’re essentially creating a debtors prison. Because they don’t have the $3 $5 $10 whatever it takes bidding on your I don’t know how it works. If you build a booth, I don’t know if they charge extra. But if you’re homeless, you may not have a phone that has the capacity to get an Uber you better have the money in your in your account to get an Uber. But if you don’t have the capacity to get to the office every seven days, you’re non compliant, then they’re out looking for you with a with an arrest warrant. And so you compound the problem, you put the person in prison at an enormous expense because they didn’t have any money. So that essentially became a debtors prison did Yes, and and people people in Arkansas, let me pick on you a little bit. You were so proud of yourself when you passed a law few years ago, that the person required to register had to come in every seven days. And they said how it fixed the problem. I said no, it really didn’t. And we’re still arguing to this very day about it because they think they fixed a problem. They said well, the judges here are saying how that they’re happy to have this. They don’t have to send people prison, because they don’t have an address. They never had to send them to prison to begin with. all they had to do was to find Arkansas law unconstitutional because of it said you had to provide an address. If you don’t have one, they would say this is a constitutionally because you cannot you cannot provide what that what you do not have. Therefore, it’s unconstitutional this component of as it applies to you as a homeless individual. And even the Georgia’s court did that many years ago in the state. This case was state vs. Santos. And they, the Georgia court decided that if you don’t have an address, you can’t provide one, therefore, it’s unconstitutional as applied to you. So rather than succumbing to a requirement that you did you check check in weekly, you should have challenged the constitutionality of the law that required a judge to send someone to prison, because the law was was bogus. It was unconstitutional to start with. But now they have more people, I’m sure if you if you pull the stats in Arkansas, you have people that are serving time, because they didn’t make their weekly trek to the office to register.

Andy 1:11:05
I think later, we should start to wrap things up. You want to get out of here in a handful of minutes. And so we can maybe shut down. Is there. Is there anything there on those last couple articles? I want to cover the last couple tabs that I have open? Before we shut out?

Larry 1:11:20
Well, we we are recording on Saturday night and the president designated as the president elect, the person designates president like that’s going to address the nation at eight Eastern time. So we were trying to shut down before that started, because otherwise I would be distracted.

Andy 1:11:39
Well, what I wanted to do is I wanted to I found something quite disturbing over on the norsok connections, a social media website that’s being run by the normal folks. And someone posted a picture that they saw someone in a pickup truck and it says shoot your local PFR. Like so if you’re in chat like you can actually see a picture of it or look at it on the YouTube side. It’s frickin amazing that people are driving around with shoot your local PFR einsatz.

Unknown Speaker 1:12:05
There there was a problem with that.

Andy 1:12:08
No, no, no problem at all. No problem at all. And then I guess let’s so I wanted to highlight that we have a series of patrons who have been with us for a very long time and incredibly generous to us. And I wanted to make sure that we acknowledge them. And Larry, if you will go first go forward and read the first five.

Larry 1:12:26
So that would be Michael A. Horace, David, Hank, and Gerald.

Andy 1:12:37
And then lastly, we have super patriot Mike, Veronica, Brian, Tom, and the all time most bestest, and it’s gonna take a lot for anybody to catch up to him is a Justin and thank you all so very much. It is incredibly endearing and appreciated that people are so generous with us.

Larry 1:12:53
And then we had an increase in a patron about so so I guess in terms of making this person mad, apparently we didn’t just they increase. Who was that?

Andy 1:13:041:13:04
Well, if the name is Michael M, and I’m not 100% sure if he’s a new one. And he came across just when we started recording as a new one. But he says he’s an old one. So I’m not really sure because our number went up by one but maybe, I don’t know. Anyway, Michael, thank you very much. It’s really appreciated. He’s here in chat too. If you see him there, he’s named Taz. doesn’t appear to be there anymore. But anyway, that’s enough of that. Um, and then lastly, started talking to one of your people, Larry, one of your new mexico alumni kind of folks. And he says something about maybe like, purchasing merchandise. So like, you guys need a merchandise. And I said, Well, we already have a store. And he went out and bought a shirt. So now he’s running around. He’s going to the gym and a hoodie that says registry matters on it. How about

Larry 1:13:48
that? Well, I bet it we’ve already picked up new patrons because of that.

Andy 1:13:53
That could be he said he’s like riding his motorcycle he puts on his best Mel Gibson and what’s the word madmax face and goes to the gym and works out with all the buff hot people and he’s wearing his registry matters podcast sir.

Larry 1:14:07
Now buff hot people. Can you elaborate on that just a tad bit so I understand what we’re talking about here.

Andy 1:14:14
I’m no I’m going to end up trapping myself down a deep, deep dark hole. If I do that, I will avoid that mistake as

Larry 1:14:23
well. Alrighty then how do people contact us if they should have any questions they would like to put on our list which I really appreciated the quality of the questions that are coming.

Andy 1:14:34
They would absolutely go to Google and type in registry matters and you will find it or go straight over to registry matters dot c o

Larry 1:14:43
or you could call 747274477 and leave an old fashioned voicemail. So simply if you can

Andy 1:14:53
do it the way that Yeah, no kidding. At all. You can do it the way Mike did and just press record on your phone and send me the mp3 of the WAV file. That works too and it will sound significantly better. Doesn’t sound like you put the little change in the thing and they’re like dial Tu, Tu Tu, Tu, Tu, Tu Tu, right. You remember those days?

Larry 1:15:10
I do I do I do. The how’s that gonna come across on transcription? They’ll sound you’re, you’re gonna

Andy 1:15:17
be I don’t know, I’ll have to look and see what other says,

Larry 1:15:21
okie dokie.

Andy 1:15:22
And, and then you can send email over at registry matters cast@gmail.com. And of course, our favorite way. And we highlighted our favorite people tonight is patreon.com slash registry matters. And, as always, Larry, anything else before we head out?

Larry 1:15:37
I think we’ve covered it. And I just would make a personal plea to everyone that that we are in a in a week long, almost week long of voting, vote counting. There are people who are who are very much hurt and disappointed. And there are people who are very happy. But we all should remember that we’re Americans. And we all want what’s best for the country. And all of us should pull together now because the voters have spoken. And we need to move forward to try to move this country and in a positive direction. And just hoping that folks will not turn ugly over over the outcome, whatever it turns out to be once the certifications are done. And there’s a there’s actually a real more formal announcement right now we have network predictions, but the states have to canvass and certify the results. And then it goes to the electoral college for a vote. But But you know, there were two countries almost evenly divided. And there are people that are very, very heartbroken and their people. They’re very happy right now. But we’re all Americans.

Andy 1:16:40
Yep, that should be something we talked about for Patreon extra coming up here shortly, I think

Larry 1:16:45
so, but let’s let’s just do the best to make our country as the best it can be.

Andy 1:16:52
Awesome. As always, Larry, thank you very much and I appreciate your time and expertise. And I will talk to you very soon. Good

Unknown Speaker 1:16:59
night as I

Andy 1:17:02
see you didn’t he Mr. Q mess the whole thing if we got to start all the way back over an hour and a half ago.

Unknown Speaker 1:17:12
You’ve been listening to F YP