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parole appeal...

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JustMeToo

Junior Member
What is the name of your state (only U.S. law)? California

I have a freind who is in jail on a parole violation. He has to register as a sex offender even though his only "sexual" convictions are for indecent exposure. He is registered as "transient" but would stay at my house for 3-4 days per week. He was re-arrested and sentenced to 10 months because we live near a school.

He is trying to have the registration requirements removed. I have a CDCR 602 form for him to complete, but is that going to be enough or even what he needs to start?
 


seniorjudge

Senior Member
I have a CDCR 602 form for him to complete, but is that going to be enough or even what he needs to start?

And what is that?
 

seniorjudge

Senior Member
What is the name of your state (only U.S. law)? California

I have a freind who is in jail on a parole violation. He has to register as a sex offender even though his only "sexual" convictions are for indecent exposure. He is registered as "transient" but would stay at my house for 3-4 days per week. He was re-arrested and sentenced to 10 months because we live near a school.

He is trying to have the registration requirements removed. I have a CDCR 602 form for him to complete, but is that going to be enough or even what he needs to start?
http://www.prisonlaw.com/pdfs/appeal.pdf

This doesn't have anything to do with your case.

The registration requirement was placed on you by the court.
 

JustMeToo

Junior Member
http://www.prisonlaw.com/pdfs/appeal.pdf[/url]

I am refering to pages 8-9 Parole Issues Appeal.

We are trying to figure out why he has to register as a sex-offender as he has no crimes against children, he has not raped anyone and is not violent.

He is trying to change the conditions of his parole to have the registration/GPS requirements removed.

Also, should he start this process while in prison or should he wait til he is out? (8 more months)
 

seniorjudge

Senior Member
http://www.prisonlaw.com/pdfs/appeal.pdf[/url]

I am refering to pages 8-9 Parole Issues Appeal.

We are trying to figure out why he has to register as a sex-offender as he has no crimes against children, he has not raped anyone and is not violent.

He is trying to change the conditions of his parole to have the registration/GPS requirements removed.

Also, should he start this process while in prison or should he wait til he is out? (8 more months)
In your first post you said you were a sex offender:

I have a freind who is in jail on a parole violation. He has to register as a sex offender even though his only "sexual" convictions are for indecent exposure. He is registered as "transient" but would stay at my house for 3-4 days per week. He was re-arrested and sentenced to 10 months because we live near a school.
 

JustMeToo

Junior Member
First it's not me and second I said "He has to register as a sex offender"

He was charged with indecent exposure.
 

CdwJava

Senior Member
What was his primary offense? In other words, what is the code section that has preciptated his requirement to register? It is THAT offense - not the parole issue - that deals with registration.

Here are the sections that require registration ...

PC 290 (c) The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, 288, 288a, or 289, Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3,
288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of
Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former
Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of
Section 314, any offense involving lewd or lascivious conduct under
Section 272, or any felony violation of Section 288.2; any statutory
predecessor that includes all elements of one of the above-mentioned
offenses; or any person who since that date has been or is hereafter
convicted of the attempt or conspiracy to commit any of the
above-mentioned offenses.
I suspect he was convicted of PC 314.

You will note that it is state law that requires registration - not parole. He's pretty much out of luck unless he has grounds to appeal his conviction and can still do so in hopes that he can plead to a lesser offense ... but, I suspect the time for appeals has LONG since passed.

- Carl
 

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