The California Sex Offender Management Board (CASOMB) decided at its meeting on November 20 to support a draft tiered registry bill that includes the termination of registration requirements for some registered citizens after 10, 20 and 30 years of their conviction while continuing lifetime registration for others. The text of the draft bill has not yet been released to the public but its contents were discussed during the CASOMB meeting.
According to discussions at the meeting, the bill would designate registered citizens as Tier 1 (10 year), Tier 2 (20 year) and Tier 3 (lifetime) based upon factors including original offense and whether there was a re-offense. Tier 1 registrants would include those convicted of a misdemeanor offense while Tier 2 registrants would include those convicted of some felony offenses. Tiered 3 registrants would include those convicted of one or more serious, violent felonies. The bill would also terminate registration requirements for those who were convicted more than 30 years ago, have not reoffended and have registered for at least 10 years.
“CASOMB has taken an important step toward creation of a tiered registry in California,” stated CA RSOL President Janice Bellucci. “There are many more steps to be taken, including introduction of the bill in early 2015.”
There are currently 102,021 registered citizens in California today, according to the California Department of Justice (DOJ). Of that total, 74,132 are “in community” and the remainder are incarcerated. Also of that total, there are 6,692 homeless registered citizens who are listed as “transients”.
The total number of registered citizens includes about 18,600 people who were convicted prior to 1997 and have not committed a subsequent sex offense. If the bill is passed, most of these individuals would be removed from the registry by the California DOJ. Those who would not be removed include anyone designated as a sexually violent predator.
“There is something for everyone to love and something for everyone to hate in this bill,” stated CASOMB board member Janet Neeley. Other board members quipped that it must therefore be a good bill.
CASOMB designated Neeley as the board’s point person on the bill as it makes it way to and through the state legislature.
I really hope they don’t try to classify a attempted 288 as a violent crime. I know cdc tried to do that when I went to prison and I had to write appeals and fight to prove it was not considered a violent felony in order to get my half time. The judge even stated in the record during a resentencing hearing that it was not a violent felony and ordered CDC to give me my half time.
Mike,
I wonder if you’re free to be a little more specific regarding exactly what that judge said and the process you went through to prove your point about the attempt. Did you cite any case law? I’m very interested.
Here’s an area of confusion for me: so the attempted 288(a) has no misdemeanor it can be reduced to. So, if I were related to a minor, and “molested” that person, then I could petition for removal from internet disclosure, am I correct? If I statutorily raped a pertson, then I could petition for removal from megan’s list, yes? None of this makes any sense at all to me. Help!!!
288c is a wobbler that where some people get from Felony to Misdemeanor
This one a judge can change Felony to Misdemanor.
(c) (1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child. – See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/9/5/s288#sthash.vSZ0uAS5.dpuf
The only issue I addressed was the fact that a attempted 288.(a) is not a violent felony. CDC was attempting to make me do 85% of my time in prison claiming that I had a violent felony for the attempted 288.(a). The court made a error in my sentencing so I was sent back to the court for resentencing at which point I explained to my appealante attorney that CDC was claiming I had a violent felony so they were not granting me my half time so the attorney brought this issue up during resentencing and the judge stated on the record that a attempted 288.(a) is in fact not a violent felony and ordered CDC to grant me half time.
Old thread, but I am just now finding it. I am wondering whatever happened with the tier proposal. I was sentenced 24 years ago, and have since moved out of state. Never had any disciplinary issues, did my time clean, same with parole. No problems since. Even though my crime was considered violent, I have always been in the minimum risk category, as per local law enforcement. So, I am wondering where all of this stands now, in 2016…