RM103: State vs Morger – Illinois Social Media Ban Ruled Unconstitutional

Registry Matters 103 is in the house. We have an incredibly good decision for our side in Illinois. State vs Morger. They ruled that a social media ban is unconstitutional. They said that a probationer cannot be totally banned from the Internet; it must be narrowly tailored. This decision is great news for those on the registry and their ability to use the Internet.

In New Jersey, the text says “offense free”, not “sex offense free” to be removed from registry requirements; Mom is topless in her home may have to register as a sex offender; State of Illinois versus Conrad Morger – While on probation, a total ban on the Internet is ruled unconstitutional; Detainees in San Francisco jails are held for years with no natural light and other shameful conditions; Utah is piloting a program to afford those incarcerated with a college education; Online child abuse is an incredibly hard problem to solve and a patchwork of laws doesn’t make it any easier; Therapist had an inappropriate relationship with a patient; Inmates cost significantly more money as they age, a batch of articles covers death behind bars and a myriad of problems that go with it; West Virginia inmates that wish to read will be charged by the minute for the books on their tablets;

[2:37] https://www.courthousenews.com/registered-forever-nj-offenders-fight-for-reprieve/
New Jersey Registration_2019

[11:20] https://www.kwtx.com/content/news/Mother-charged-may-have-to-register-as-sex-offender-after-being-topless-in-her-home-565211722.html
Utah Statute_Lewdness_2019

[23:40] State v Morger_IL_Social Media Ban

[58:20] https://www.courthousenews.com/judge-wades-into-debate-over-conditions-at-san-francisco-jails/

[1:03:10] https://www.kuer.org/post/prison-saved-my-life-utah-inmates-seeing-new-horizons-college-coursework?fbclid=IwAR3yOB3uDZfkUR7dui8mnoYmJofQdCftyazj59zrAKwiRSp-SdDMYWyCrhI#stream/0

[1:09:30] https://www.nytimes.com/2019/11/12/us/online-child-sex-abuse.html

[1:17:15] https://www.usnews.com/news/us/articles/2019-11-19/ap-exclusive-therapist-broke-rules-with-iowa-sex-predator

[1:20:00] https://theappeal.org/death-by-incarceration-pennsylvania-photo-essay/

[1:26:30] https://reason.com/2019/11/22/west-virginia-inmates-will-be-charged-by-the-minute-to-read-e-books-on-tablets/

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Conditions of Supervision

  1. History of probation
    1. Probation first developed in the United States when John Augustus, a Boston cobbler, persuaded a judge in the Boston Police Court in 1841 to give him custody of a convicted offender, a “drunkard,” for a brief period and then helped the man to appear rehabilitated by the time of sentencing
  2. From the point of view of the PO, do they imagine the ‘frightening and high’ statistics are true? Aren’t they on the ground to where they can see the numbers first hand? If they supervise 100+ people at a time, and over a year they only have to arrest a couple people for new charges, isn’t it intellectually dishonest to think that all people on probation are going to violate imminently?
  3. Difference between parole and probation
    1. In my mind, parole is you are in prison, just not IN prison
    2. Probation is you’re done with your time in, but still under heightened scrutiny because you are to some degree a known problem
  4. Conditions of Supervision – Expectation of liberty is diminished
    1. The 4th Amendment protects unwarranted search and seizure. How is it that you give up this right while under supervision?
  5. Can my PO keep me from doing this while I’m under supervision:
    1. Do what I want LOL
    2. Work where I want
    3. Hang out with whomever I wish?
    4. Travel?
    5. Is my car safe?
    6. Stay out all night?
  6. State imposed conditions
  7. Versus probation impose conditions
  8. What is the discretion of the probation officer to extend or lessen supervision requirements
  9. Special conditions for registrants
  10. Electronic monitoring
  11. Fees
  12. Intimidation – wearing swat type tactile gear, armed (gun or taser)
  13. Supervised versus unsupervised / administrative probation
  14. Probation revocation – why does this happen? Does probation trick you?
  15. Home invasion